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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. LDR.Chpt.5 Rev. - 10/24/95 / 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 LDR.chpt.5 Rev, - 10/24f95 2 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 LDR.Chpt5 ".~. - 10'~ 3 .... 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 LDR. Chpt.5 Rev. - 10/24/95 4 LDR.Chpt. 5 Rev. - 10/24/95 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. LDR.Chpt.5 Rev. - 10/24/95 6 SECOND, FINAL READING AND PASSAGE this ,:~/ day of January, 1997. ATTEST: Cit~Clerk CITY OF BOYNTON BEACH, FLORIDA Con~ssioner ,/ LDR.Chpt.5 Rev.- 10/24195