O96-55ORDINANCE NO. O96-,,~,~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
CHAPTER 5, "PLATTING" OF THE LAND
DEVELOPMENT REGULATIONS, BY AMENDING
ARTICLE I. IN GENERAL; BY AMENDING ARTICLE II.
BY DELETING SECTION 1, 2, 3 AND 4 IN THEIR
ENTIRETY AND CREATING A NEW SECTION 1,
ENTITLED "WAIVERS" AND A NEW SECTION 2
ENTITLED "SUBSTITUTIONS"; BY AMENDING
ARTICLE V. SECTION 1 AND SECTION 2;
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, it has come to the attention of the City Commission of the City
of Boynton Beach that some clarification is required regarding certain Sections and
Articles in the recently adopted Land Development Regulations; and
WHEREAS, upon recommendation of staff, the City Commission of the City
of Boynton Beach has deemed it to be in the best interests of the citizens and
residents of the City of Boynton Beach to amend these Land Development
Regulations;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That Chapter 5, Platting. Article I. In General is hereby
amended by adding the words and figures in underlined type, as follows:
ARTICLE I. IN GENERAL
The purpose of this chapter is to provide a procedure for preparing plat documents
consistent with development regulations of the City of Boynton Beach and to create
documentation of physical characteristics of land proposed for development within the city.
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No person, firm~ partnership, corporation or any other association shall subdivide a
tract of land anywhere in the incorporated area of the City of Boynton Beach except in
conformity with this chapter. No subdivision shall be platted or recorded nor shall any
building permit be issued unless such subdivision or development meets all the provisions of
this chapter and those of any applicable Laws of the State of Florida~ and has been approved
in accordance with the requirements as herein set forth, unless a waiver or substitution has
been granted according to Article II of this chapter.
Section 2. That Chapter 5, Platting. Article II. Exemption to Platting,
Section 1, 2, 3 and 4 are hereby deleted in their entirety, reserving said Sections.
Section 3. That a new Chapter 5, Article I! is hereby created, entitled
"Waivers and Substitutions", as follows:
ARTICLE H. WAIVERS AND SUBSTITUTIONS
Section 1. Waivers.
A__:. Eligibility. A waiver of the platting requirement may be considered when the
land is to be divided into no more than two (2) contiguous lots and no more
than three (3) regularly shaped areas are to be dedicated to the City of
Boynton Beach (easements, tracts, parks, fights-of-way, etc.) and because:
1~ Unusual conditions are created by ownership or development of
adjacent lands~ or
2_:. The land concerned is isolated or remote in its relationship to other
platted or improved lands, or
3~ The improvements and dedications existing on the land are
substantially in accordance with the requirements of this chapter and
if the waiving of the requirements for platting would not conflict with
the purpose and intent of this chapter.
B__~. Waiver application. Pursuant to Section 1 above, the developer shall submit
an application for waiver of plat to the director of development who shall
review the application and determine if one of the foregoing conditions exists
and, upon affn'mafive determination, shall delete the requirement for platting
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Appeal of waiver denial decisions. When the director of development
determines that an applicant is not eligible for a waiver to platting, the
decision may be appealed to the board of zoning appeals as outlined in
Chapter 1, Article VII.
Requirements in lieu of platting. If platting is deleted, a certified survey shall
be submitted to the director of development who may require deeded rights-
of-way and easements, reservations or improvements required in connection
with platting under this ordinance, including the posting of surety to carry out
the intent and purpose of this ordinance.
Section 2. Substitutions.
A__~. Eligibility. A boundary plat may be submitted when the subdivision or
resubdivision of land is of such simplicity or is surrounded by such
development as to justify the waiving of the requirements for preparing a full
replat. For the sole purpose of determining application fees, a boundary plat
submittal shall be considered a pre-application submittal.
B_~. Master plan waiver. The submission of a master plan for a boundary plat may
be waived at the sole option of the director of development.
C__:. Specific boundary_ plat requirements. All provisions ofFS 177 and this Land
Development Regulation shall fully apply to every boundary plat including,
but not limited to, those tangible improvements required in Chapter 6 not
already in place.
Section 4. That Chapter 5, Article V. Plat Preparation and Approval.,
Section 1. Preparation of final plat. is hereby amended by adding the words and
figures in underlined type, and by deleting the words and figures in struck-through
type, as follows:
SeCtion 1. Preparation of final plat.
As a final step in the review procedures to obtain approval for a subdivision in the City
of Boynton Beach, the developer shall submit a final plat to the director of development and
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.... v ............ ~ ......,~ ......... v ..................J ........ as outlined in Section 2~
paragraph A2 made payable to the City of Boynton Beach pud sba!! be sub:~?~ttcd together
with restoration surety as outlined in Section 2, paragraph A3 prior to placing final plat
approval on a City Commission agenda. No improvements, including streets, drainage and
the like shall be accepted and maintained by the city unless and until the final plat has been
approved by the director of development and the City Commission; duly recorded; and all
required improvements are completed=~ both public and private.
Section 5. That Chapter 5, Article V. Plat Preparation and Approval.,
Section 2. Preparation of final plat, is hereby amended by adding the words and
figures in underlined type, and by deleting the words and figures in struck-through
type, as follows:
Section 2. Submission of final plat.
A. Upon completion of the foregoing requirements, six sets of the final plat shall
be submitted to the office of the director of development and be accompanied
by the following:
1. 8k--(6) Eight (8) sets of the construction plans approved for technical
compliance and approved health department permits for sewer and
water; and
2. Surety guaranteeing that all work required that will not be
constructed, owned and maintained in perpetuity by the developer and
his successor and/or assigns will be completed in full accordance with
the plat; with all conditions attached thereto; and with Boynton Beach
Land Development Regulations, provided that no surety is required
for sewage collection and transmission systems, water distribution
systems and transmissions systems which will be conveyed to the City
upon completion of their construction. No certificates of occupancy
shall be issued within the development until the sewage and water
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systems are completed, have been certified as completed, have been
inspected, conveyed to the City, and the conveyance accepted by
Resolution of the City Commission. Surety shall be in an amount
equal to one hundred ten per cent (110%) of the total cost of
surveying and construction for the installation and completion of all
required improvements which will not be privately owned and
maintained including, but not limited to, sidewalks, sewage collection
and transmission systems, water distribution and transmission systems,
streets, et al. Periodically, during the process of construction and
upon request by the developer, the director of development may
recommend that the City Commission reduce the dollar amount of the
surety on the basis of work completed; provided, however, sufficient
funds shall remain to complete the required improvements. In the
event of default by the developer or failure of the developer to
complete such improvements which will not be privately owned and
maintained within the time required by this chapter, the city, after
thirty (30) days written notice to the developer, shall cash the surety
to insure satisfactory completion of the required improvements. The
City Commission by resolution may accept other surety it deems
appropriate. Surety shall be in substantially the form delineated in
Chapter 7; and
Restoration surety in compliance with Chapter 7 in the amount of one
hundred ten per cent (110%) of the engineer's certified cost for
restoring the site to its original condition including, but not limited to..
repair of access/haul routes; seed; sod; landscaping; drainage and
utilities; and
A check payable to the City of Boynton Beach representing the fee
described in Article V, Section 1.A hereinbefore; and
A copy of the property owners association documents. These
5
documents shall indicate the maintenance responsibility for street
lighting and shall provide for the formation of a special taxing district
to assume maintenance responsibility for the street lighting system in
the event of the dissolution of the property owners association; and
$6. Supplementary material as required by the office of the director of
development, i.e. deeds, easements, etc., when access, drainage, or
utility services cannot be accomplished through platted rights-of-way
deeds or easements to accomplish access, drainage or utility service;
and
67. A check payable to Palm Beach County in the amount of the plat
recording fees.
B. The director of development shall examine the final plat as to its compliance
with the constitution and statutes of the State of Florida and the ordinances
of the City of Boynton Beach and shall in writing, within thirty (30) days,
report his finding, recommendations or approval to the developer in writing.
Reference shall be made to the specific article, section and paragraph with
which the final plat does not comply. If deficiencies exist, they shall be
corrected by the developer. If the final plat meets the provisions of this
ordinance, and complies with the statutes of the State of Florida and the
ordinances of the City of Boynton Beach, the director of development shall
submit the final plat to the,,,,a:'~"",,,,,.,, -'-~*' "~:v,'-,'--,-~, .... ,.~.,,'4 city manager for
placement on the City Commission agenda for review and approval. The City
Commission may, after its approval, also require county approval prior to
recording.
Section 5. That each and every other Section of Chapter 5 not herein
specifically amended shall remain in full force and effect as previously enacted.
FIRST READING this ~ day of November, 1996.
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SECOND, FINAL READING AND PASSAGE this ,:~/ day of January, 1997.
ATTEST:
Cit~Clerk
CITY OF BOYNTON BEACH, FLORIDA
Con~ssioner
,/
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