09-024
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1 ORDINANCE NO. 09 - &;? 4
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3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA AMENDING
5 PART III, "LAND DEVELOPMENT REGULATIONS",
6 CHAPTER 1, ARTICLE VIII, TO ADD A NEW SECTION
7 4 "EXPEDITED DEVELOPMENT REVIEW
8 PROGRAM"; PROVIDING FOR CONFLICTS,
9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
10 DATE.
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12 WHEREAS, the City Commission of Boynton Beach seeks to attract companies that
13 are expanding operations or moving into the City so that economic growth and employment
14 opportunities may be created at a faster pace; and
15 WHEREAS, developing an expedited permitting process to resolve permitting issues
16 in a timely manner will attract such companies to the City; and
17 WHEREAS, the Commission has a legitimate public interest in preserving the
18 character and quality of neighborhoods, which requires assuring the availability of workforce
19 housing and affordable housing for low and moderate income persons in the City; and
20 WHEREAS, developing an expedited permitting process for such housing will
21 encourage construction and advance the Commission's goal of providing workforce housing
22 and affordable housing to its residents; and
23 WHEREAS, the Commission believes that the community should take steps toward
24 acting in an environmentally responsible manner; and
25 WHEREAS, over time, environmentally sound practices will save money, energy,
26 and natural resources; and
27 WHEREAS, the Commission seeks to encourage environmentally responsible
28 construction; and
29 WHEREAS, developing an expedited permitting process will encourage construction
30 of environmentally responsible buildings; and
31 WHEREAS, the City Commission for the City of Boynton Beach finds that the
32 implementation of an expedited permitting process for building permits and planning and
33 zoning permits is in the best interest of the health, safety, and welfare of the citizens of the
34 City of Boynton Beach.
35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
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1 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2 Section 1. Each Whereas clause set forth above is true and correct and
3 incorporated herein by this reference.
4 Section 2. That Part III, "Land Development Regulations", Chapter 1, Article VIII
5 is hereby amended to create a new Section 4 as follows:
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7 I Section 4. Expedited Development Review Program
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9 A. New and expanding businesses in the following categories are eligible for
10 expedited reviews for site plans (and related applications), building permit applications. and
11 required inspections:
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13 ( 1) Bioscience
14 h(2) Medical or pharmaceutical research and development:
15 ;h(3) Aviation/Aerospace/Engineering;
16 :;'c( 4) Communications/Information technology;
17 4:{5) Business and financial services (non-retail);
18 ~(6) Education related to the above industry clusters;
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21 B. Businesses may also qualify for the expedited permitting program if the
22 I company is a sanctioned proiect by the State of Florida or other recognized economic
23 development organization (Florida Office of Tourism, Trade and Economic Development
24 I (OTTED), Enterprise Florida, or Business Development Board of Palm Beach County).
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26 C. Residential Developments that provide affordable housing and workforce
27 I housing units, as defined in the City's Workforce Housing Ordinance, shall be afforded
28 expedited reviews for site plans, building permit applications, and required inspections.
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30 D. Development applications for residential and commercial environmentally
31 responsible buildings shall be afforded expedited reviews for site plans (and related
32 applications), building permit applications. and required inspections. The proiect must be
33 registered with a nationally recognized green certification agency. including but not limited
34 to:
35
36 (1) USGBC - United States Green Building Council
37 (2) FGBC - Florida Green Building Coalition
38 ( 3) Green Globes
39 (4) NAHB - National Association of Home Builders, National Green
40 Building Standard
41
42 E. All entities that apply for this expedited review program shall provide a
43 detailed explanation of how the proiect will advance the City's economic. housing, or
44 I environmentally responsible goals.
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2 F. Entities that have been accepted into the expedited permitting program shall
3 receive the following benefits:
4
5 (1) The City Manager shall appoint a single point of contact at the City who
6 shall have the responsibility of assisting the applicant throughout the
7 development application and permitting process; and
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9 (2) The Planning, Zoning, Building, Engineering and Public Works, and other
10 i applicable City departments shall establish the necessary steps required for
11 proiect approval and permitting in a pre-application meeting and subsequently,
12 within three (3) business days, prepare an optimal timetable for the proiect's
13 completion of the development and application review process; and
14
15 (3) The proiect shall receive priority at every phase of the review process by
16 City staff, including face-to-face meetings as needed. However, public
17 hearings are subiect to the availability of the relevant board and the decisions
18 of such boards are not guaranteed to be made immediately. Therefore, to the
19 extent possible, public hearing scheduling shall be expedited if applicable to a
20 particular development application; and
21
22 (4) Comments relative to the City's Planning, Zoning and Building
23 department review- shall be provided to the applicant within seven business
24 days of the submission of a completed development application. The City and
25 the applicant shall make a mutual commitment to provide all other
26 development and permit application review comments and corresponding
27 revisions thereto in a thorough and timely manner; and
28
29 (5) Should any issues arise at any point during the development application
30 review and permitting process, the City will use the most expeditious means to
31 resolve the issue. A face to face meeting between City staff and the applicant's
32 representatives, if necessary, shall be scheduled within three business days of
33 the applicant's notification of the issues; and
34
35 (6) A description of the benefit to the City, as defined in paragraph ( e) herein,
36 shall be included in the staff report for the proiect for the planning, zoning. and
37 appeals boards and City commission meetings.
38
39 Section 3. Each and every other provision of Chapter 26, not herein specifically
40 amended shall remain in full force and effect as previously enacted.
41 Section 4. All ordinances or parts of ordinances in conflict herewith be and the
42 same are hereby repealed.
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1 Section 5. Should any section or provision of this ordinance or portion hereof, any
2 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
3 such decision shall not affect the remainder of this ordinance.
4 , Section 6. Authority is hereby granted to codify said ordinance.
5 Section 7. This ordinance shall become effective immediately.
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7 FIRST READING this ~ day of 1"1 A Y ,2009.
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9 Yr\SECOND, FINAL READING AND PASSAGE this day of
10 ,2009.
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36 (CORPORATE SEAL)
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39 S'lCAIOrdinanceslExpedited Permitting Ordinance (as of2-9-09) doc