O90-18ORDINANCE NO. 90-/f
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH AMENDING
CHAPTER 19 BY ADDING A NEW ARTICLE,
ARTICLE VI. CONCURRENCY REQUIREMENTS;
PROVIDING FOR TITLE, AUTHORITY, INTENT
AND PURPOSE; PROVIDING FOR
APPLICABILITY; PROVIDING FOR
DEFINITIONS; PROVIDING FOR MINIMUM
LEVELS OF SERVICE ADOPTED FOR PUBLIC
FACILITIES; PROVIDING THAT PUBLIC
FACILITIES SHALL BE AVAILABLE FOR
DEVELOPMENT PROJECTS CONSISTENT WITH
ADOPTED LEVELS OF SERVICE; PROVIDING FOR
ADOPTION OF METHODOLOGY, FOR DETERMINING
WHETHER CONCURRENCY REQUIREMENTS ARE
MET; PROVIDING FOR ADMINISTRATION;
PROVIDING FOR CERTIFICATION OR
CONDITIONAL CERTIFICATION OF
CONCURRENCY; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR CONCURRENCY REVIEW BOARD;
PROVIDING FOR APPEALS FOR CERTIFICATION;
PROVIDING FOR APPEALS FOR EXEMPTION AND
TIME EXTENSIONS; PROVIDING FOR
CERTIFICATION OF CONCURRENCY OR
EXEMPTION UPON REQUEST; PROVIDING FOR
CONSTRUCTION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR PENALTIES;
PROVIDING FOR AUTHORITY TO CODIFY;
PROVIDING FOR CONFLICTS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach is required
pursuant to Chapter 163, Florida Statutes, and Chapter
9J-5 of the Florida Administrative Code to adopt a
procedure to regulate concurrency management and
WHEREAS, the City Commission of the City of
Boynton Beach after considering the advice of staff and
the Planning and Zoning Board has developed a
concurrency management procedure in accordance with the
laws and regulations of the State of Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA;
CITY
Section 1. Chapter 19 of the Code of
Ordinances is amended to add a new Article IV.
Concurrency Requirements which shall read as follows:
CHAPTER 19
PLANNING AND DEVELOPMENT GENERALLY
ARTICLE VI. CONCURRENCY REQUIREMENTS.
Section 19-80.
Purpose.
Short Title,
Authority,
Intent and
(a) Short Title. This Article of the Code of
Ordinances shall be known and cited hereinafter 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
Statues, Rule 9J-5 and Rule 9J-5.0055, Florida
Adminstrative 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 Boynton
Beach Comprehensive Plan, Chapter 163 Florida Statues,
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.
Section 19-81. 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 of Boynton Beach,
with respect to maintaining the adopted minimum 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 supercede 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) Applicability with Respect to Maintaining Levels of
Service in Portions of Water or Sewer Service Areas
Lying 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 Code of
Ordiances 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
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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,
and 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
developement 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, that 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 19-92 or Section 19-93.
Section 19-82. Definitions.
(a) General. The definitions of words and terms in
this Article shall be the same as those which are set
forth in Chapter 163, Florida Statutes, Rule 9J-5 and
Rule 9J5.0055, Florida Adiministrative Code, unless a
word or term is defined differently in this Article.
Adequate Public Facilities shall mean public facilities
available to serve a development project so as to meet
the levels of service set forth in Section 19-94 and
the conditions set forth in Section 19-85.
Capital Improvements Element or CIE shall mean the
Capital Improvements Element of the City.
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 19-84, and the conditions set forth in
Section 19-85, 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.
Cityshall mean the City of Boynton Beach, Florida.
Comprehensive Plan shall mean the Comprehensive Plan of
the city of Boynton Beach, as adopted and amended.
Concurrency Requirements shall mean the requirement
that adequate public facilities shall be available to
serve a development project so as to meet the levels of
service set forth in Section 19-94 and the conditions
set forth in Section 19-85.
Conditional Certification of Concurrency shall mean
that there is reasonable likelihood that the necessary
public facilities would be provided by the developer, a
governmental agency, or by other developers, but that
the conditions set forth in Section 19-85 cannot be
met. 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 specified as such, until the
Conditional Certification of Concurrency expires.
Developer shall mean a person, including a governmental
agency, undertaking any development as defined in this
Article.
Development shall have the meaning given it in Section
380.04, Florida Statute, pursuant to a development
order or permit.
Development Aqreement shall mean an agreement entered
into between a local government and a person in
connection with the approval of a development order or
permit, including but not limited to a Development
Agreement pursuant to Sec. 163.3220, Forida Statutes,
or an agreement on a development order issued pursuant
to Sec. 380.01 et. seq., Florida Statutes.
Development Order shall mean any of the following:
A site plan or conditional use application for any use
other than a single-family detached or duplex dwelling,
for which the improvements which are proposed to be
constructed would, in and by themselves, create demand
for any public facility.
An application to rezone land to a planned zoning
district.
A land use plan amendment or rezoning application which
includes a development plan or proposal which specifies
the intensity or density of use, or maximum intensity
or density of use, by the concurrent submission of a
site plan, conditional use, or planned zoning district
application.
A subdivision master plan.
A subdivision preliminary plat.
An application for approval of a Development of
Regional Impact or substantial deviation thereto, or
any application for an amendment to a DRI which would
increase demand for any public facility.
Any other official action or types of action by the
City which,in the judgement of the City Manager, would
allow for the use or development of land which is
similar to any of the actions which are listed above,
and which would create demand for any public facility.
Development Permit shall mean any of the following:
A building permit for which the improvements which are
proposed to be be constructed would, in and by
themselves, create demand for any public facility,
which shall be construed to mean any building permit
which would allow for the construction of any floor
area for non-residential uses; construction of
habitable floor area for residential uses, excluding
screen rooms, patios, porches, garages, and the like;
or, in the case of non-residential uses, for the
construction of improvements which would allow for
exterior uses of land which would create demand for any
public facility.
' I' ~ri !
An occupational license for the permanent use of
property for urban land uses and which previously was
not used for any urban land uses, where no building
permit is issued, if such use would create demand for
any public facility.
Approval or recording of a final subdivision plat, or
issuance of a land development order in connection
therewith.
Any other official action or types of action by the
City which, in the judgement of the City Manager, would
permit the use or development of land, which is similar
to any of the actions which are listed above, and which
would create demand for any public facility.
Development Project shall mean the concerted
undertaking of improvements to land, pursuant to a
development order or permit.
Exemption Determination shall mean a written
certification by the Planning Director that a
development order or permit is exempt with respect to
meeting the concurrency requirements for a particular
public facility.
Fully Exempt shall mean that the development order is
exempt from the concurrency requirements for all public
facilities, in accordance with Section 19-83, 19-89,
and 19-93.
Level of Service shall mean the extent or degree of
service provided by or proposed to be provided by a
pbulic facility, based on and related to the
operational characteristics of the public facility.
Peak Season Population shall mean the year-round
population of the City, Palm Beach County, the
development project, or other portion of the City or
County, as the context may require, using the
methodology set forth in the Comprehensive Plan
Suppoort Documents.
Performance Security shall mean sufficient funds over
which the City or other responsible governmental agency
has control irrevocably committed by written instrument
to secure complete performance of a contract or
condition of the issuance of Certification of
Concurrency in the form of a letter of credit, escrow
agreement, surety bond, cash bond, or any other method
of comparable security approved by the City Attorney.
Nothing in this Article shall supersede the requirement
for particular types of performance security as set
forth elsewhere in the City's Code of Ordinances.
Person shall mean an individual, corporation,
governmental agency, business trust, estate, trust,
partnership, association, two (2) or more persons
having a joint or common interest, or any other entity.
Public Facilities shall mean capital facilities for
water, sewer, drainage, solid waste, parks, recreation,
and roads, for which levels of service have been
established in the Comprehensive Plan.
Resident Population shall mean the year-round
population of the City, Palm Beach County, the
development project, or other portion of the City or
County, as the context may require, using the
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methodology set forth
Suppoort Documents.
in the
Comprehensive Plan
Urban Land Use shall mean the use of land for other
than agricultural, open space, conservation, or
preservation uses, including use which are clearly
accessory and subordinate to these uses.
Section 19-83.
Permits.
Categories of Development Orders and
(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 the
City of Boynton Code of Ordinances. Expiration of a
planned zoning district master plan, as set forth in
this Article, however, shall cause the development
order for ame to expire only with respect to Exemption
Determinations, Certifications of Concurrency, and
Conditional Certifications of Concurrency, and shall
not, by itself, cause the zoning for the planned zoning
district to expire.
(2) Ail references to the "the effective date" in this
Section shall apply only with respect to exemptions
which are allowed in accordance with Sections 19-89 or
19-93.
(3) A "lot" shall be construed to be a parcel which
contains at least one (1) whole lot which is shown on a
recorded plat or is part of an unrecorded subdivision
of land which has occurred.
(b) Ail references to categories of development order
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:
Al. 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,
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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 non-residential 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, with any five
(5) year period.
A9. Any platting, construction, or conversion of
residential uses, either prior to or after ~he
effective date, which would generate not more than
two-hundred (200) net vehicle trips per day on a
one-time or cumulative basis, with any five (5) year
period.
Al0. Any additions to existing non-residential
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, with any five (5) year period.
Ail. 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 intended for
such use, provided that all such uses would be lawful
under the City's zoning regulations.
Al2. 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
(1) subdivided parcel has been sold off to a different
owner;
Al3. 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;
Al4. Any subdivision platted after January 13, 1978,
but prior to the effective date, which has been bonded,
and the twenty-one (21) month limit for completion of
bonded improvements has not expired;
Al5. Any subdivision platted after January 13, 1978,
but prior to the effective date, which has been bonded
and the required improvements are under construction,
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and the twenty-one (21) 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's Engineering Department.
Al6. 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
effective date, provided that the final plat is
submitted within one (1) year of the approval of the
preliminary plat, and is recorded within eighteen (18)
months of the approval of the preliminary plat;
Al7. Completion of any undeveloped portion of a site
plan or conditional use, a portion or 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.
Al8. Any Development of Regional Impact (DRI), or a
substantial deviation to 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;
Al9. 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 effective
date, provided that a building permit is applied for
within one (1) 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 whcih 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:
Bi. Any unplatted portion of subdivision master plan
approved, prior to the effective date, and which is
served by master-sized utilities, drainage facilities,
8
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 effecitve
date, provided that a final plat and Palm Beach County
Health Department permits are submitted within one (1)
year of the approval of the preliminary plat, and is
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:
Cl. 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 (21) month time limit for
construction of bonded improvements has expired, and
construction is not proceeding in good faith, in the
judgement of the City's Engineering Department.
C2. An unplatted portion of a subdivision master plan
which has 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. 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 19-89,
unless an appeal has been granted in accordance with
Section 19-93.
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:
El. 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 19-88, 19-89, 19-91,
19-92, and 19-93.
E2. Any subdivision pre-application. With respect to
this Article, approval of a subdivision pre-application
shall be construed only to be a finding that 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.
Section 19-84. 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 19-86 of this Article, or an appeal is granted
in accordance with Section 19-91 of this Article.
(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
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
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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 waste per capita,
which shall be caluclated 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 - (3) 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
accomodate the first hour of a three (3) 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 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 non-specified 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; 1-95 through the City; Boynton Beach
Boulevard from Old Boynton Road to 1-95; N.W. 22nd
Avenue between Congress Avenue and 1-95; Congress
Avenue between Boynton Beach Boulevard and N.W. 22nd
Avenue; and for Boynton Beach Boulevard east of 1-95;
4. Level of Service "Maintain" for all facilities where
Level of Service Standards have been exceeded.
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(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 this ordinance. 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 forth in this
paragraph, unless an appeal is granted in accordance
with Section 19-92 or 19-93.
(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 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 the
ratio of public park acreage to the number of peak
season residents within a walking distance of one-half
(.5) miles or within the neighborhood, as defined in
the Recreation Element Support Documents, is not less
than 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 (.5) miles 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 Paragraph 1. above.
3. For all development projects which are not subject
to the requirements set forth in Paragraphs 1. or 2.
above, the levels of service set forth in Paragraph 1.
above, or not less than the levels of service for the
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neighborhood planning area as set forth in Appendix "A"
to this Article, 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 Paragraph 1. above, except if an
appeal is granted in accordance with Section 19-92 or
19-93.
(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.
Section 19-85. 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 19-84 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
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
occur and construction of such facilities is
financially feasible, based on currently available
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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 Paragraphs (1)
through (3) above. An enforceable development
agreement may include, but is not limited to
Development agreements pursuant to Section 163.3220,
Florida Statues, or an agreement or development order
issued pursuant to Chapter 380, Florida Statues. 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 Paragraphs (a)(1)-(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 (1) 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 (1) 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, 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) In determining whether public facilities are
available consistent with the requirements of this
Section and Section 19-84, the demand for such public
facilities which would be created by other development
orders and permits which are Exempt, or for which
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Certification of Concurrency or Conditional
Certification of Concurrency has been issued shall be
taken into account.
Sec. 19-86. 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 19-84 and 19-85, 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.
Section 19-87. 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 19-88(d)(1) for compliance with
the requirements of Sections 19-84 and 19-85, 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 Engineering Department shall review all
applications for development orders and permits
described in Section 19-88(d)(1) for compliance with
the requirements of Sections 19-84 and 19-85, for the
purpose of determining whether the adopted levels of
service for drainage facilities would be maintained.
The Engineering 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 19-88(d)(1) for compliance
with the requirements of Sections 19-84 and 19-85, 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 are 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.
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Section 19-88. Procedures for Certification
Conditional Certification of Concurrency.
or
(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, Non-Applicability.
The requirements of this Section shall not apply to
development orders and permits which are not defined as
such in Section 19-82, and shall not apply to
development orders or permits which are fully exempt in
accordance with Section 19-89 or 19-93.
(c) Review to Determine Adequacy of Public Facilities
(1) General
No development order or permit as set forth in Section
19-88(d)(1)a. through c. which is submitted after the
effective date or this ordinance 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 19-88(d)(1), the deadline for
submittal of applications to the Planning Director
shall be thirty (30) days prior to the regularly
scheduled Technical Review Board meeting which is prior
to the regularly scheduled Planning and Zoning 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 elsehere 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
assignable or transferable to any other development
project.
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c. Phasing. In determining whether a Certification of
Concurrency or Conditional Certification of
Concurrency, would comply with the requirements of
Sections 19-84 and 19-85, 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 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
19-83.
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
19-83.
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 19-83.
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
19-83.
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 19-83.
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
19-83.
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 19-83.
d. Expiration and Effect.
1. 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
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Section 19-83, 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 19-83. 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 19-91.
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
Certifications of Concurrency of 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 Concurrency
certification 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 19-91.
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 19-83, and time
extensions for such certification, beyond the
expiration date of the development order or permit, may
be approved only in accordance with Section 19-91.
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 Certifaction of
Concurrency or Conditional Certification of Concurrency
shall expire, unless a time extension is granted in
accordance with Section 19-91.
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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.19-84, and the conditions
set forth in Section 19-85, 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 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
factilities 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 19-83 and 19-89.
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 19-85. The effect of
the Development Agreement shall be to bind the City of
Boynton Beach 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 (5) 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
19
from the five (5) 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 (1) 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 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:
a. Ail development orders; and
b. Ail subdivision final plats; and
c. Ail development permits which are not fully exempt,
in accordance with Section 19-89 or Section 19-93, or
for which Certification of Concurrency has not been
issued for all public facilities.
(2) Application Requirements. Ail such development
orders or permits, in order to be determined to be
processed under this Section, shall be substantially
complete, in the judgement of the appropriate
department which initially received the application,
and in addition, shall specify the following:
a. For non-residential uses, the gross square footage
and type of uses that would occupy such floor area.
b. For non-residential 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.
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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 deficiences.
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 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 Non-Applicability
The Planning Director may determine that the
application is not a development order or permit, as
defined in Section 19-82. 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 19-89, for any public
facility. In such cases, the Planning Director shall
issue an Exemption Determination for such public
facilities and shall proceed in accordance with
Paragraph c. below with respect to any public
facilities for which the develoment 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
21
complies with the requirements of Sections 19-84 and
19-85. For development orders, Certification of
Concurrency shall be issued only if the developement
order is conditioned upon development permits not being
issued unless the conditions set forth in Section 19-85
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
paragraph, 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.
Section 19-89. Exemptions.
(a) General Rules Concerning Exemptions:
(1) "Exemption" or "Exempt" shall mean that neither the
City or the applicant shall be required to demonstrate
that the particular development order or permit
complies with the concurrency requirements set forth in
Sections 19-84 and 19-85 would be met, that
Certification of Concurrency or Conditional
Certification pursuant to Section 19-88 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 paragraph (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 19-83.
(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
other public facilities.
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(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 subtantially
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 19-89(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 19-93. 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.
(6) Development orders or permits which are accessory
to an exempt development order or permit set forth
shall be contrued 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) Ail development orders and permits and only those
which are listed as "A" category development orders or
permits in Section 19-83 shall be exempt from
concurrency requirements set forth in Sections 19-84
and 19-85, with respect to maintaining adopted levels
of service for potable water, sanitary sewer, solid
waste, recreation, and district parks facilities.
(2) Ail development orders and permits and only those
which are listed as "A," "B," or "C" category
development orders or permits in Section 19-83 shall be
exempt from the concurrency requirements set forth in
Sections 19-84 and 19-85, 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
order and permits, with respect to particular types of
public facilities:
(1) Potable Water Facilities.
23
a. 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.
b. Exemption of a development order or permit from
concurrency requirements shall relieve the obligation
of applicant for development order or permit to apply
for reservation of capacity or pay a fee for same, but
shall not be construed to supersede regulations enacted
or administered by Palm Beach County or the State of
Florida, or requirements for permitting by either the
State or County.
(2) Sanitary Sewer Facilities.
a. 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.
b. Exemption of a development order or permit from
concurrency requirements shall relieve the obligation
of applicant for development order or permit to apply
for reservation of capacity or pay a fee for same, but
shall not be construed to supersede regulations enacted
or administered by Palm Beach County or the State of
Florida, or requirements for permitting by either the
State or County.
(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 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.
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(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 19-84, except in accordance with
Sections 19-93 or 19-94.
(6) District Park Facilities.
Reserved.
(7) Neighborhood Park Facilities.
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 19-84, except
by an appeal granted in accordance with Sections 19-93
or 19-94.
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 19-84, except by an appeal granted in
accordance with Sections 19-93 or 19-94.
(8) Roads.
a. Ail "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
Countywide Traffic Performance Standards Ordinance.
b. Ail 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. Ail 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 Appendix A, Section 9.C.4.h.(5)
of the City of Boynton Beach Code of Ordinances, 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.
Section 89-90. Concurrency Review Board.
(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 Planning Director, and
the City Engineer, or their duly authorized
repesentatives. The City Manager may include himself
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and/or the City Attorney on this Board, at the
disgression 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 Zoning 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) Ail actions by the Concurrency Review Board, City
Manager, Planning and Zoning 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 Code of Ordinances, this provisions of this
ordinance, the plans, programs, and regulations of
those agencies which provide or regulate public
facilities, accepted engineering principals, and
applicable criteria set forth in Sections 19-92 or
19-93.
(e) Ail processing of appeals shall be done by the
Planning Department, unless another department,
officer, or employee of the City is designated by the
City Manager.
(f) The Concurrency Review Board shall review each
appeal with respect to the criteria set forth in
Section 19-90(d), and shall forward its recommendation
as well as the vote of each of its members to the
Planning and Zoning Board, and shall notify City
Manager of its recommendations. Any action by the
Concurrency Review Board may be reviewed by the City
Manager, who may uphold, modify, or reverse the
recommendation of the Board, and may substitute his own
recommendation to the Planning and Zoning Board for
that of the Concurrency Review Board. The
recommendation of the Concurrency Review Board or City
Manager shall be transmitted to the Planning and Zoning
Board within thirty (30) days of the filing of the
appeal, unless the applicant requests an extension. If
the appeal is not forwarded to the Planning and Zoning
Board within this time, the appeal shall be considered
to have been granted.
(g) The Planning and Zoning Board shall consider the
criteria set forth in Section 19-90(d), as well as the
recommendation of the Concurrency Review Board or City
Manager, and shall consider the appeal within thirty
(30) days and shall render a decision within sixty (60)
days of the action by the Concurrency Review Board,
unless the applicant requests an extension. If the
Planning and Zoning Board fails to act within these
time periods, the appeal shall be considered to have
been granted. The Planning and Zoning Board may
uphold, modify, or reverse the recommendation of the
Concurrency Review Board or City Manager.
(h) Any decision by the Planning and Zoning Board to
deny an appeal may be subsequently appealed to the City
Commission, within thirty (30) days of final action by
the Planning and Zoning Board. The City Commission
26
shall consider the appeal within thirty (30) days of
the filing of the appeal of the Planning and Zoning
Board's decision, and shall render a decision within
sixty (60) days of filing, unless the applicant
requests an extension. If the City Commission fails to
act within these time periods, the appeal shall be
considered to have been granted. The City Commission
may uphold, modify, or reverse the decision of the
Planning and Zoning Board.
(i) Any persons or persons, jointly or severally,
aggrieved by any action of the City Commission pursuant
to Section 19-90(i) may appeal to the circuit court in
the judicial circuit in which the City is located,
within sixty (60) days after the rendition of the
decision of the City Commission.
Sec. 19-91. Appeals for Certification of Concurrency,
Conditional Certification of Concurrency, and Time
Extensions to Certifications.
(a) Any property owner, contract purchaser, developer
or or their agent may, with the written consent of the
property owner, appeal a finding by the City that a
particular development order or permit cannot be issued
a Certification of Concurrency or Conditional
Certification of Concurrency, in accordance with the
rules and procedures set forth in this Section.
(b) The applicant shall provide sufficient written
justification for the appeal, at the time that the
appeal is filed. The applicant shall have the burden
of affirmatively demonstrating that the denial of
concurrency certification or conditional concurrency
certification was based upon an invalid methodology for
calculating whether public facilities are available in
accordance with this article, or that a more accurate
methodology can and should be used. The City shall be
entitled to present arguments and information either in
support of or in opposition to the appeal.
(i) The applicant shall file and appeal for
Certification of Concurrency or Conditional
Certification of Concurrency not later than sixty (60)
days year after Planning Department finds that the
development order or permit cannot be certified for
same.
(j) Appeals for time extensions to a Certificate of
Concurrency or exemption from concurrency shall be
filed not later than sixty (60) days after the
expiration of said certificate or exemption. Appeals
for time extensions shall be processed according to the
same procedures and shall be subject to the same rules
that apply to an appeal for exemption, as set forth in
Section 19-92. Time extensions may be granted for any
length of time which does not exceed one (1) year.
Sec. 19-92. Appeals for Exemption and Time Extensions
to Exemptions.
(a) Any property owner, contract purchaser, developer,
or or their agent, may, with the written consent of the
property owner, appeal a determination by the Planning
Director that a particular development order or permit
is not exempt from the concurrency requirements, in
27
accordance with the rules and procedures set forth in
this Section.
(b) The applicant shall provide sufficient written
justification for the appeal, at the time that the
appeal is filed. The applicant shall have the burden
of affirmatively demonstrating that the application of
the City's concurrency management regulations to the
property in question would create an unreasonable
hardship and that the conditions set forth in Paragraph
(c) below exist. The City shall be entitled to present
arguments and information either in support of or in
opposition to the appeal.
(c) The applicant's justification shall demonstrate
that at the time he either purchased the property or
incurred substantial obligations with respect to its
purchase or development, that he had substantial and
reasonable investment-backed expectation of the ability
to develop, and that he was reasonably and was
substantially relying in good faith on some act or
ommission, or series of acts or ommissions, of
government, such that it would be inequitable to apply
the concurrency requirements to the particular
property; or, in the alternative, the applicant shall
demonstrate that the development order or permit is
vested under general Florida vesting law.
(d) The applicant shall file and appeal for exemption
not later than one (1) year after the effective date of
this ordinance.
(e) Appeals for time extensions to a Certification of
Concurrency, Conditional Certification of Concurrency,
or Exemption may be filed not later than sixty (60)
days after the expiration of said certificate or
exemption. Appeals for time extensions shall be
processed according to the same procedures and shall be
subject to the same rules that apply to an appeal for
exemption. Time extensions may be granted for any
length of time which does not exceed one (1) year.
Section 19-93. Certification
Exemption Upon Request.
of Concurrency or
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:
(1) 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
(2) 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 21-month time
limit for the completion of such improvements has not
expired; and
28
(3) Any structure which~has received a certificate of
occupancy or is otherwise lawfully occupied; and
(4) Any site plan or conditional use for which less
than one (1) year has paased since the approval date of
same; and
(5) Any property, use of property, or structure for
which a development order or permit which has not been
issued or applied for.
For the development orders and permits listed under
paragraphs (1) through (5) above the Planning
Department shall not be required to provide written a
Exemption Determination, or is not Exempt but otherwise
complies with the City's concurrency requirements.
Section 19-94.
Penalties.
Liberal Construction, Severability and
(a) The provision of this ordinance shall be liberally
contrued to effectively carry out its purpose in the
interest of the public health, safety, welfare, and
convenience.
(b) If any section, phrase, sentence, or portion of
this Ordinance is for any reason held invalid or
unconstitutional by any court of conmpetent
jurisdiction, such portion shall be deemed a separate,
distint, and independent provision, and such holding
shall not affect the validity of the remaining portion.
(c) A violation of this Ordinance shall be a
misdemeanor punishable according to law; however, in
addition to or in lieu of any criminal prosecution, the
City shall have the power to sue in civil court to
enforce the provisions of this Ordinance.
Section 2. That all ordinances or parts of
ordinances in conflict herewith be and the same are
hereby repealed.
Section 3. Should any section or provision of
this ordinance or portion hereof, any paragraph,
sentence, or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not
affect the remainder of this ordinance.
Section 4.
said ordinance.
Authority is hereby granted to codify
Section 5. This Ordinance shall become effective
immediately upon passage and shall apply to all
applications for development orders or permits
submitted on or after June 1, 1990. With respect to
the concurrency management for roadway levels of
service, the effective date shall be the effective date
of the Palm Beach County Traffic Performance Standards
Ordinance and Municipal Implementation Ordinance, or,
upon adoption, the Palm Beach Countywide Traffic
Performance Standards Ordinance.
.,_~3FIRST READING this
1990.
day of
of
SECOND, FINAL READING and PASSAGE this
/~ ~dday
29
· 1990.
ATTE ST:
CitJ ~lerk
· FLORIDA
For
/ .
V~ce ~ayor '
Commis s loner
Commissioner
(Corporate Seal)
30