A development review committee (DRC) is hereby established whose primary responsibility shall be to process and review applications for development permits. The DRC shall at a minimum, consist of, those members appointed by the city manager. The chair of the DRC shall be the director of the planning and development services department.

(Ord. No. 2018/031, § 2, 10-16-18)

(a)

Application. The DRC shall review and file a development review report on all applications for a development permit through the development review procedures set forth herein.

(b)

The following applications for development permits shall undergo major development review for the issuance of development permits:

(1)

Plats;

(2)

Land use plan amendments;

(3)

Amendments to the official zoning map and text amendments to the land development code;

(4)

Development plans consisting of at a minimum:

a.

Construction of a new principal building; or

b.

Modification to an approved development plan that will increase the building size by ten percent; or

c.

Modification to an approved development plan that affects more than ten percent of the building square footage, or lot upon which the development is located; or

d.

Modification to an approved development plan that will alter the use of the approved development plan, and/or significantly change the concept, intent or arrangement of the approved development plan; or

e.

Modification to an existing development for which there is no site plan of record;

(5)

Variances;

(6)

Vacation and abandonment of public lands or utility and other platted easements;

(7)

Technical deviations;

(8)

Right-of-way variances;

(9)

Conditional uses in conjunction with a site plan;

(10)

Other developments may require major development review if the development possesses special physical or operational characteristics which may substantially affect or be detrimental to adjacent land uses and the adequacy of utility services. This determination shall be made by the director of planning and development services within seven working days of receipt of the application.

(c)

All other applications for development permits shall undergo minor development review.

(d)

Exemptions from development review. The following shall be exempt from development review:

(1)

Construction of or alteration to a single-family residential dwelling unit or a duplex on a lot in single and separate ownership shall be conducted by the building department through its review of a building permit application.

(2)

Any city or Deerfield Beach Community Redevelopment Agency owned or leased property used in any government capacity, function, or purpose, which property shall also be exempt from the City's Land Development Code including, but not limited to, all development review requirements and conditions as set forth in section 98-12 and all site plan review requirements set forth within section 98-19.

(e)

No application for a development permit shall be approved except in compliance with the requirements of this Code and the Deerfield Beach Comprehensive Plan.

(f)

The director of planning and development services shall establish such application forms, procedures, and processing policies necessary to implement the provisions of this Code. The city commission may establish expedited review procedures without the need for planning and zoning board review for applications described in subsection (4).

(g)

A development review report shall be issued which shall contain comments from members of the DRC, their determination as to compliance with this Code, a specific statement of concurrency compliance or noncompliance where applicable, and any requirements deemed necessary to achieve such compliance.

(Ord. No. 1997/032, § 1, 9-16-97; Ord. No. 2000/001, § 5, 4-5-00; Ord. No. 2010/016, § 1, 6-15-10; Ord. No. 2018/031, § 2, 10-16-18)

(a)

Purpose. The development plan is the key land development review mechanism for all development permits. It is intended to assure adequate site design and relationship to adjacent development and public facilities. The development plan may include a master plan, site surveys, a site plan, various detail pages, elevations, floor plans, a landscape plan, an irrigation plan, a photometric plan and any other plan deemed necessary due to the nature of the development as determined by the director of planning and development services.

(b)

Review criteria. The city shall evaluate the development plan for compliance with the city's codes and ordinances, and conformance to the other requirements of this chapter. The following standards shall be utilized in the review and evaluation of required plans, which shall contain adequate information to permit such reviews:

(1)

A fully completed application form with original signature.

(2)

Written project narrative, explaining at a minimum, project description, existing and proposed uses, including density and/or intensity, concurrent application submittals, hours of operation, number of employees (as applicable), and other relevant information as pertinent to the proposed scope of work.

(3)

Disclosure of ownership. Each application shall disclose the identity of the property, all property owners and the developer (if applicable). In the case of joint ownership, all owners shall consent to the application. Where the property is under contract for purchase, the owner must consent to the application.

(4)

A filing fee for applications as provided in the fee schedule and determined by the guidelines contained herein. In accordance with special services as defined in Article VII "Cost Recovery," additional fees may be required by the city during review of the application.

(5)

Disclosure affidavit for property owner(s) and agent(s) (if applicable).

(6)

Letter of authorization for applicant representation. If a representative of the owner/developer files the application on behalf of the property owner, the agency relationship shall also be disclosed, and clearly stated and satisfactory evidence of such relationship presented in a signed and notarized letter.

(7)

For those applications subject to public school concurrency review, per the City's Interlocal Agreement with the Broward County School District, a receipt from the district showing that a Public School Impact Application (PSIA) has been accepted for the application.

(8)

At a minimum, six hard copies (five copies with sheet format of 24 inches x 36 inches and one copy with sheet format of 11 inches x 17 inches) and one electronic copy (provided electronically and digitally signed), in which all pages are signed and sealed as well as being consistently scaled using a measurement found on a civil engineer's scale. Location plans, master plans, elevations and floor plans are exempt from this scale requirement. The applicant shall submit the development plan in the following order:

(a)

Cover page.

1.

Name of project, address, and folio number (if available).

2.

Project description/scope of work.

3.

A location map showing adjacent land use and zoning and all curbs and median cuts within 300 feet. The map may be inset and scaled accordingly.

4.

Table of Contents.

5.

Contact information of the applicant, property owner, and architect/engineer of record.

6.

Revision date (if applicable).

(b)

Survey.

1.

A certified boundary survey, in conformance with Chapter 61G17, Florida Administrative Code, no more than one year old from the submittal date and extending to the center line of all adjacent streets, which specifies gross and net acreage or square footage, illustrating and clearly identifying all boundary lines.

2.

Existing natural features, including but not limited to trees and other vegetation and soils unless deemed unnecessary by the director of planning and development services or provided as a separate page.

3.

Existing buildings or other structures.

4.

Existing recorded easements, NVAL lines, utilities and rights-of-ways. Any overhead lines must be noted.

5.

A title policy, title commitment, title search/exam, opinion of title or property information report current to within one year, identifying any encroachment, encumbrance, violation, or variance, as well as the date, policy number, issuers name, address and the disposition of all schedule B-II encumbrances.

6.

A full legal description of the property or properties included within scope of project.

(c)

Site plan.

1.

A scaled drawing clearly illustrating site boundaries, proposed buildings and other structures, and any existing buildings and structures which are to be retained, including use, height, dimensions, and setbacks.

2.

Proposed off-street parking spaces, and driveways, including location, dimensions, setbacks, ADA compliance and location of loading zones.

3.

Proposed phasing plan, if applicable.

4.

Existing and proposed ground mounted electrical and mechanical equipment and screening.

5.

Proposed fences and walls, including location, construction material, dimensions, setbacks, and height.

6.

Existing and proposed utility lines, easements and adjacent rights-of-ways.

7.

Existing and proposed light pole locations.

8.

Traffic flow markings and signage, including fire lane striping and the location of all curb cuts.

9.

Dumpster locations and dumpster detail for both trash and recycling showing required screening.

10.

Proposed location and elevations of wall sign areas and ground sign locations.

11.

Pedestrian circulation and ADA compliant access to the rights-of-way.

12.

Adequate accessibility of proposed roadways for emergency vehicles and fire engines as well as garbage service and any necessary delivery service.

13.

Location of all existing and proposed fire hydrants.

14.

Location of freestanding signs with setback measurements.

15.

Location of all existing and proposed above ground and below ground storage tanks.

16.

Site data table providing existing, required and proposed calculations or measurements for the following:

i.

Existing and proposed land uses and zoning designations;

ii.

Gross and net acreage of total site;

iii.

Total number of dwelling units and bedroom count (if applicable);

iv.

Floor area ratio (FAR);

v.

Lot coverage;

vi.

Square footage of all existing and proposed uses;

vii.

Total landscape (pervious) and impervious area;

viii.

Total percentage of landscaped open space;

ix.

Maximum height of all buildings;

x.

Minimum building setback to all property lines (existing, required and proposed); and

xi.

Total number of parking spaces (existing, required, and proposed), including compact, and ADA accessible spaces.

xii.

Any details or information, which cannot be placed on the site plan, may be part of a site plan details page.

(d)

Elevations.

1.

A scale drawing clearly illustrating all elevations of all principal and accessory buildings and structures, including height, dimensions, color, surface materials and texture.

2.

General location of building wall signs and conceptual monument sign.

3.

Location of all mechanical equipment showing adequate concealment.

4.

Height of all buildings, overhangs, and canopies. Must provide a minimum 14 foot height for fire access.

(e)

Floor plans.

1.

A complete dimension of each room on all floors, including rooftop activation (if proposed), with labels for any permanent features.

2.

Proposed uses, with different parking ratios must be clearly defined and consistent with site data table.

(f)

Landscape plan.

1.

A plan scaled consistently with the site plan, showing all buildings, structures, landscape areas and on-site parking and lighting.

2.

A landscape calculation table and mitigation table shall be shown on all planting plans.

3.

A tree survey indicating the location, number, names, species, size, disposition, and condition of all existing trees and vegetation on-site to be preserved, relocated, or removed (unless provided on survey).

4.

Location, condition, names, sizes, and disposition of existing trees and hedges.

5.

A proposed plant list by symbol, quantity, required specifications, native or non-native, drought tolerance, Florida Friendly, salt tolerant and botanical and common names. The plant list shall be indicated on all planting sheets.

6.

Location and labeling of existing and proposed site lighting.

7.

Location and labeling of existing and proposed fire hydrants and fire department check valves.

8.

Location and dimensions of all easements and above ground utility lines, FPL boxes and other related structures.

9.

All planting and staking details, including but not limited to planting/staking specifications, general notes, root barriers, structural soils, silva cells and tree protection details. Additionally, all relevant general landscape notes.

10.

Proposed conceptual grading plans containing, existing and proposed spot grades, drainage flow arrows at all building corners, roadways, parking lot corners, pedestrian walks and existing landscaping. Additionally, provide existing or proposed berms contours of heights and slopes of not less than 3 to 1.

(g)

Irrigation plan.

1.

A plan scaled consistently with the site plan, showing all buildings, structures, landscape areas and on-site parking.

2.

The location of all zones showing there spread and overlap.

3.

An indication of water source, valves, pumps, backflow preventers, controllers, main line, lateral lines, sleeves, head types, specifications, spacing and general notes.

4.

An indication of methods used to achieve compliance with the University of Florida's "Florida Friendly Landscaping Guide to Plant Selection and Landscape Design" as required by F.S. § 373.185, unless provided for herein.

5.

Location and labeling of existing and proposed site lighting.

6.

Location and labeling of existing and proposed fire hydrants and fire department check valves.

7.

Location and dimensions of all easements and above ground utility lines, FPL boxes and other related structures.

(h)

Photometric plan.

1.

A plan scaled consistently with the site plan, showing all buildings, structures, landscape areas and on-site parking.

2.

A photometric layout of each proposed light fixture and light pole, showing its maximum to minimum foot-candle level.

3.

The plan must provide the minimum foot candle taken at the property line.

4.

Location of all existing and proposed easements, notating any above ground utility lines.

5.

The plan must show any existing off site lighting, including rights-of-way lighting.

6.

Details of all proposed light fixtures and light poles, showing maximum height, building material and color.

7.

Adherence to section 98-88 of the Land Development Code and Article IV, Beach Area Outdoor Lighting restrictions.

(i)

Additional plans or information. The director of planning and development services shall have the authority to waive any of the requirements not appropriate to a specific development plan application or require any additional information deemed relevant to the specific application. This information may include studies or plans related to noise and traffic.

(j)

Separate conceptual engineering package. At the time of initial site plan submittal, the applicant shall provide three separate copies of a preliminary engineering plan set and one digital CD in which all pages are signed and sealed as well as being consistently scaled using a measurement found on a civil engineer's scale. These plans will provide basic engineering information necessary to determine site compatibility with essential services. Staff will provide comments to this plan set. Final construction drawings and calculations shall be submitted prior to obtaining an engineering permit from the environmental services department. The conceptual engineering package must be scaled accordingly to the site plan but separated from the site plan submittal. The plan set shall include the following:

(i)

Conceptual water and sewer plan, depicting the water and sewer facilities and source of public water and wastewater disposal facilities; general distribution and collection plans within the proposed development, including easements for utilities; conceptual drainage plan, depicting design finished floor elevation and surface water management elements including, but not limited to, retention facilities, drainage easements and swales, weir location and elevation, and outfall(s); and

(ii)

Preliminary flood routing and water quality calculations supporting the surface water management elements, weir elevation and design finished floor elevation shall be provided as supporting documentation.

(k)

Vacation or abandonment of property, etc. applications. For applications for vacation and abandonment of property or easements, the applicant must provide the following information.

1.

A fully completed application form, including the signatures of the owners of all properties abutting the area or easement to be abandoned.

2.

A signed and sealed survey of the area to be abandoned, including all property adjacent thereto, and the legal description of the area to be abandoned.

3.

A certificate of title listing all adjacent owners and persons with recorded mortgages thereon.

(Ord. No. 2008/030, § 3, 9-16-08; Ord. No. 2018/031, § 2, 10-16-18)

(a)

The planning and development services department shall be the central intake department for filing applications and supporting documents for the issuance of a development order.

(b)

Following acceptance of an application as complete, the department shall forward a copy of the site plan submittal and accompanying documents to the members of the development review committee. The department shall schedule the application for an upcoming DRC review meeting as deemed appropriate following staff review.

(c)

A development review report shall be issued which shall contain comments from members of the DRC, their determination as to compliance with this Code, a specific statement of concurrency compliance or noncompliance where applicable, and any requirements deemed necessary to achieve such compliance. Members shall forward the individual report to the planning and development services department prior to the DRC review meeting. The planning and development services department shall compile comments into a written development plan report.

(d)

Applications and comments contained in the written report shall be reviewed and discussed with the applicant by applicable disciplines at the scheduled DRC review meeting, chaired by the director of planning and development services or their designee.

(e)

The department shall forward to the applicant the development plan report discussed at the DRC review meeting containing the comments and recommendations, regarding compliance with the plan, land development code, applicable engineering standards, and the development permit requirements. The development plan report shall include the required determination as to concurrency, set forth in this section, and shall either:

(1)

Find the applicant in compliance with the comprehensive plan, land development code, and all applicable city regulations.

(2)

Find the application is not in compliance with the requirements of the comprehensive plan, land development code, or other regulations of the city and deny the development plan. The non-compliance, if any, shall be specified in the report.

(3)

Find that the application is not in compliance with the Comprehensive Plan, land development code, or other city regulations, but that conditions have been determined that will ensure such compliance subject to compliance with said conditions. Those conditions shall be included within the final development order if approved by city commission.

(f)

Expiration of application. An application for development plan shall be deemed to have been abandoned becoming null and void after six months of inactivity, abandonment, or failure to respond to requested corrections during the application process, unless extension has been requested by the applicant and approved by the director of planning and development services. A new application for development plan and applicable fees shall be submitted should the applicant wish to proceed with the project.

(g)

Referral of applications to the boards and city commission.

(1)

Community appearance board. Once staff has determined the proposed development plan complies with all applicable Code requirements pursuant to the provisions of sections 78-1 through 78-8, the application shall be presented to the community appearance board. Any decisions by the community appearance board are to be incorporated into the proposed development plan prior to, or in conjunction with, planning and zoning board and city commission review.

(2)

Planning and zoning board. Once staff has determined the proposed development plan complies with all applicable Code requirements and all conditions as set forth by the community appearance board (if applicable), the application shall be presented to the planning and zoning board. Unless otherwise required by general law, at least seven days prior to the hearing, notice of said hearing shall be placed in a newspaper of general circulation.

(3)

Decision by the board. At said hearing the planning and zoning board shall make a recommendation on the application to the city commission. A development plan approved with modifications or conditions shall be revised to comply with said modifications or conditions prior to submission to the city commission. Upon receipt of the revised plan, the director shall verify that all modifications stipulated in the approval of the planning and zoning board and community appearance board have been incorporated.

(4)

City commission. The city commission shall conduct a public, quasi-judicial proceeding, on all plat, site plan, and variance requests and on all site specific rezonings; provided that all interested parties appearing may waive such a hearing on the record.

(5)

Development order. The city commission may grant, deny, or require conditions of approval to grant the development order. Any conditions required or approved during the review process or by the city commission shall be included in the development order. The development order and stamped sets of approved plans shall be provided to the applicant upon approval of the city commission and receipt of the signed resolution. An order denying a development permit application shall set forth the grounds for the denial and any code section which forms the basis for the denial.

(h)

The city commission shall conduct a public, quasi-judicial proceeding, on all plat, site-plan, and variance requests and on all site specific rezonings; provided that all interested parties appearing may waive such a hearing on the record.

(i)

Whenever the city commission has denied an application for rezoning of property, the city commission shall not thereafter consider any further application for the same rezoning of any part or all of the same property for a period of six months from the date of such denial.

(j)

Expiration or extension of site plan approval. A site plan approval shall expire 18 months following the date of approval unless a building permit for a principal building as required by the Florida Building Code, has been issued to the applicant and kept in force so that work is proceeding towards a completion of the site and project in a commercially reasonable time. A 12-month extension of time may be granted by the city commission when all applicable building, zoning, and engineering regulations remain the same and good cause has been shown by the applicant. The proposed development will be reviewed by the DRC to assure that all applicable building, zoning and engineering regulations have been met. Good cause may include, but shall not be limited to, delay caused by governmental action or inaction or other factors totally beyond the control of the applicant. An extension shall only be granted where an applicant has applied for an extension at least 45 days prior to the expiration date during the effective period of the development. Only one extension shall be permitted.

(k)

Compliance. No building or engineering permit shall be issued for a development which is not in compliance with the development order governing such development. Failure to install or maintain all of the elements of an approved development order shall be a violation of this article, and shall be subject to the enforcement and penalty provisions of the Land Development Code. At no time shall an approved engineering permit or building permit differ from the approved development plan. If at any time an applicant submits or revises an application for an engineering or building permit which differs from the approved development plan, the applicant must also submit a revised development plan.

(l)

Time requirements. The failure to strictly comply with the processing time periods set forth herein shall not be considered a violation of this Code. All time periods shall be considered directory rather than mandatory. The time period set forth in paragraph (i) and (j) are mandatory.

(m)

After construction has commenced on any site plan approved by the City of Deerfield Beach, the applicant for site plan approval and the owner of the property upon which the construction is being conducted, shall be responsible for continuous construction of the project until completion; if said construction is ceased for any reason, other than an act of God, for a period in excess of 180 days, then the applicant and owner shall be responsible for taking such actions as are necessary to secure the site, keep same free from any debris, and take all necessary measures to remove construction debris or materials from the site. If the building is substantially completed, then, in the event of any lapse of construction activity exceeding 180 days, the building shall be maintained in a neat condition with all construction material and debris removed and all equipment removed from the site and any landscaping at the site shall be properly maintained in a healthy, neat and trimmed condition. All structures shall be maintained free of any debris, written material (except for permitted signs) or other signs of deterioration resulting from neglect. All finished or painted walls shall be maintained in good condition representative of a building in regular use. It shall be rebuttable presumption that failure to request an inspection from the building department during any 180-day period shall be considered a cessation of construction for the purpose of this section.

(Ord. No. 1994/044, § 1, 12-13-94; Ord. No. 1999/004, §§ 1, 2, 5-4-99; Ord. No. 2000/001, § 6, 4-5-00; Ord. No. 2006/011, § 1, 5-16-06; Ord. No. 2008/030, § 4, 9-16-08; Ord. No. 2010/003, § 1, 2-16-10; Ord. No. 2018/031, § 2, 10-16-18)

Applications for minor development review shall comply with the submission requirements set forth herein for all development plan applications to the extent applicable, but shall be subject to the following review procedures:

(1)

The submission requirements of section 98-13 shall be met as well as all substantive requirements of this Code; provided that the director of planning and development services may waive a requirement which may be found to be inapplicable and unnecessary to the review of the application.

(2)

A development review report shall be issued which shall contain comments from members of the DRC, their determination as to compliance with this Code, a specific statement of concurrency compliance or noncompliance where applicable, and any requirements deemed necessary to achieve such compliance. Members shall forward the individual report to the planning and development services. The planning and development services department shall compile comments into a written development plan report.

(3)

If any discipline of the DRC fails to approve the application, the reasons for denial shall be stated and the application shall be denied until such time as the reasons for denial set forth in the denial are satisfied and the application appropriately modified. Both the approval and denial of an application shall be in writing. A denial shall indicate the reasons for denial.

(4)

Expiration of application. An application for development plan shall be deemed to have been abandoned becoming null and void after six months of inactivity, abandonment, or failure to respond to requested corrections during the application process, unless extension has been requested by the applicant and approved by the director of planning and development services. A new application for development plan and applicable fees shall be submitted should the applicant wish to proceed with the project.

(5)

Referral of applications to community appearance board. Once staff has determined the proposed development plan complies with all applicable Code requirements pursuant to the provisions of sections 78-1 through 78-8, the application shall be presented to the community appearance board. Any decisions by the community appearance board are to be incorporated into the proposed development plan prior to, or in conjunction with, planning and zoning board and city commission review.

(6)

Development order. The director of planning and development services may grant, deny, or require conditions of approval to grant the development order. Any conditions required or approved during the review process or by the director shall be included in the development order. the development order and stamped sets of approved plans are provided to the applicant upon approval of the application. An order denying a development permit application shall set forth the grounds for the denial and any code section, which forms the basis for the denial.

(Ord. No. 2000/001, § 7, 4-5-00; Ord. No. 2005/026, § 1, 9-6-05; Ord. No. 2006/017, § 1, 6-6-06; Ord. No. 2012/046, § 1, 10-16-12; Ord. No. 2016/024, § 2, 12-6-16; Ord. No. 2018/031, § 2, 10-16-18)

It shall be the obligation of the owner of any property upon which improvements have been made pursuant to an approved development plan to maintain said property in a manner consistent with the development plan. Maintenance shall include, but not be limited to painting, repair, replacement of broken or missing items, cleaning, resurfacing and restriping of parking areas, broken or inoperable exterior light fixtures or reconstruction of substandard or deteriorated buildings. Maintenance of landscape improvements is addressed by specific section of this Code; proper maintenance of all landscape and irrigation improvements and landscape requirements in existence at the time the original development plan was approved shall be a requirement of this Code, as well as any other conditions of the original approval and any amendments thereto, and the failure to maintain said landscaping in the condition required by the Code and in complete compliance with the terms of any portion of the development plan or other approval shall be considered a violation of this Code. No amendment to any approved development plan, or other development approval, or change of use shall be approved unless the conditions of the original development plan, development approval, are still in full compliance, all landscaping on the property subject to the development plan have been maintained as required by the Land Development Code of the city and the original approval and any amendments thereto, and all other Code provisions of the city have been and continue to be satisfied. For change of use applications this shall apply to any portion of a parcel which was originally subject to development plan approval or other approval by the city commission, planning and zoning board, development review committee, planning department or building department. A development plan or parcel subject to a change of use shall not be considered to be in compliance if there is an outstanding order of the code enforcement board finding a violation of the Code or an unresolved notice of violation is outstanding charging that there is a violation of the Land Development or City Code. Further, the city commission may withhold approval, or condition the approval, of any amendment or modification to a site plan or any page related to a site plan, existing development or a change of use application until the development plan in question or building containing a proposed change of use satisfies the landscape requirements existing at the date the proposed amendment or change of use is to take effect; provided that the city, in applying this requirement, shall take into account the existing structural barriers to full compliance and shall also only require upgrades to landscaping to meet present code requirements which are determined to be readily achievable and in proportion to the impact of the application.

(Ord. No. 1998/032, § 1, 10-20-98; Ord. No. 2000/001, § 8, 4-5-00; Ord. No. 2018/031, § 2, 10-16-18)

No person or entity shall be issued a building permit from the City of Deerfield Beach or a development permit of any kind while there exists a violation of the City Code or an outstanding notice of violation of the City of Deerfield Beach Code or a violation of Chapter 27 of the Broward County Code or an outstanding notice of violation of Chapter 27 of the Broward County Code involving the property which is the subject of the building permit or development permit, except that a building permit for work necessary to correct a violation may be issued.

(Ord. No. 2006/005, § 1, 2-21-06)

The City of Deerfield Beach shall approve no plat, site plan, or building permit until it has made the following determinations:

(1)

Reserved.

(2)

Adequacy of local transportation network. Local street shall have adequate capacity, safe and efficient traffic circulation and appropriate functional classification to serve the proposed development. Adequate capacity and safe and efficient traffic circulation shall be determined by using existing and site specific traffic studies, the city's comprehensive plan, and accepted applicable traffic engineering standards. Site-specific traffic studies may be required to be made and paid for by the applicant when the city determines such a study is required in order to evaluate the impact or the proposed development on proposed or existing roadways as provided for herein, except that no such study shall be required where the development is for one single-family home or one duplex. A site specific traffic study showing the impact upon the local transportation shall be automatically required for any development generating in excess of 500 trips per day. To determine if this requirement is triggered the city may request any applicant to submit a trip generation calculation from a certified traffic engineer. The city may secure an independent traffic consultant to review any study submitted with said cost paid by the applicant. Any street improvements needed to assure that local streets operate at their designed capacity shall be made in accordance with the City of Deerfield Beach engineering standards and other applicable engineering and traffic standards. Traffic impacts on residential neighborhoods shall be fully mitigated. The level of service standards as provided for in Level of Service Table, (where none are provided the level of service shall be D) shall be used to determine whether the local traffic network is adequate to serve the proposed development. In any case in which it is determined that the local transportation network is not adequate, no development permit shall be issued unless the applicant can demonstrate that one of the following conditions exist:

a.

The applicant has entered into a binding agreement with the City of Deerfield Beach to undertake such measures as are deemed necessary by the City Commission of the City of Deerfield Beach to ameliorate any vehicular trips placed on the local transportation network which are in excess of the level of service standards set forth in the Level of Service Table.

b.

The necessary improvements to provide for the established level of service are under construction at the time the permit is issued.

c.

The necessary improvements to provide the level of service established are the subject of an executed contract with a road contractor for the immediate construction of the necessary facility.

d.

The necessary improvements for the established level of service have been included in Broward County, Florida Department of Transportation, or a municipal capital improvement program at the time the development permit is issued and although the facilities are not yet the subject of a binding contract for construction, the city commission has made a determination that a binding contract for construction of the improvement will be executed within two years.

e.

The necessary improvements for the established level of service are provided for in an enforceable development agreement and will be available prior to certificates of occupancy that require those facilities.

f.

The development is authorized by an approved DRI order.

g.

The proposed development is found to have vested rights with regard to any affected road segments by virtue of past use of the premises or prior transportation related improvements related to the parcel subject to development or by virtue of common law.

h.

The proposed development is one single-family or a duplex dwelling on a lot or parcel of record prior to November 16, 1990.

i.

The property was platted for the proposed development subsequent to 1979.

(3)

Adequacy of regional road network. The regional road network shall be adequate to serve the proposed development. The proposed development shall not be deemed to satisfy this requirement unless one of the following conditions exist:

a.

The proposed development is not within and does not create a compact deferral area as determined by Broward County or is not otherwise exempt from regional road concurrency.

b.

The applicant has entered into a binding agreement with the City of Deerfield Beach to undertake such measures as are deemed necessary by the City Commission of the City of Deerfield Beach to ameliorate any trips placed on the regional transportation network which are in excess of the level of service standards set forth in the Level of Service Table attached.

c.

The necessary improvements to provide for the established level of service are under construction at the time the permit is issued.

d.

The necessary improvements to provide the level of service established are the subject of an executed contract with a road contractor for the immediate construction of the necessary facility.

e.

The necessary improvements for the established level of service have been included in Broward County, Florida Department of Transportation, or a municipal capital improvement program at the time the development permit is issued and although the facilities are not yet the subject of a binding contract for construction, the city commission has made a determination that a binding contract for construction of the improvement will be executed within two years.

f.

The necessary improvements for the established level of service are provided for in an enforceable development agreement and will be available prior to certificates of occupancy that require those facilities.

g.

The development is authorized by an approved DRI order.

h.

The proposed development is found to have vested rights with regard to any affected road segments by virtue of past use of the premises or prior transportation related improvements related to the parcel subject to development or by virtue of common law.

i.

The proposed development is one single-family or a duplex dwelling on a lot or parcel of record prior to November 16, 1990.

j.

The property was platted for the proposed development subsequent to 1979.

k.

The applicant demonstrates that the development is designed or is of such a nature that any additional transportation impacts are mitigated. The city commission shall determine whether such design features or the nature of the development successfully mitigate the additional traffic impact.

(4)

Stormwater management.

a.

All developments shall be designed so as to provide adequate areas and easements for the construction and maintenance of a water management system to serve the proposed development and adjacent rights-of-way in a manner which conforms to sound engineering standards and principals.

b.

All development orders shall require that the applicant for a building permit demonstrate, prior to the issuance of a building permit, that adequate storm water facilities and systems shall be provided so that the removal of storm water will not adversely affect adjacent streets and properties or the public storm water facilities and systems in accordance with the South Florida Building Code, South Florida Water Management District, the City of Deerfield Beach Engineering Standards, and the City of Deerfield Beach Comprehensive Plan. To the maximum extent possible, natural systems shall be used to accommodate storm water. No systems shall channel or direct surface water into a sanitary sewer. All new development shall provide detailed construction plans which include drainage facilities and identify all areas of recharge.

c.

The standards contained on the attached Level of Service Table shall be met and the development shall manage runoff from the three-day twenty-five year storm.

d.

The requirements of Ordinance 1987/32 as amended shall be met. These requirements shall be made a part of this article by reference.

(5)

Potable water. Adequate potable water shall be provided for the needs of the proposed development consistent with this Code and the City of Deerfield Beach Comprehensive Plan. The level of service standards for potable water as described on the Level of Service Table shall be met. The proposed development shall be designed to provide adequate areas and easements which may be needed for the installation and maintenance of potable water systems in accordance with City of Deerfield Beach Engineering Standards, the South Florida Building Code, and applicable health and environmental regulations. The existing water treatment facilities and systems shall have sufficient capacity to provide for the needs of the proposed development and for other developments in the service area which are occupied, available for occupancy, for which building permits are in effect, or for which potable water treatment capacity has been reserved. Appropriate connection fees shall be paid by the applicant. Improvements to the potable water service and systems shall be made in accordance with City of Deerfield Engineering Standards and other applicable engineering standards. The provisions of the Wellfield Protection Ordinance of Broward County and all Broward County Department of Natural Resource Protection regulations shall be applicable. No permits shall be issued in violation of those regulations.

(6)

Wastewater. Adequate waste water services shall be provided for the needs of the proposed development consistent with this Code in the Comprehensive Plan. The level of service standards and the attached Level of Service Table shall be applicable and shall be met. The proposed development shall be designed to provide adequate areas and easements which may be needed for the installation and maintenance of a waste water and disposal system in accordance with applicable health, environmental and engineering regulations and standards. The standards of the Broward County Department of Natural Resource Protection Board shall be applicable and shall be met. The existing waste water collection and treatment facilities and systems shall have adequate capacity to provide for the needs of the proposed development and for other developments in the service area which are occupied, available for occupancy, for which building permits are in effect, or for which waste water treatment or disposal has been reserved. Appropriate connection fees for water and sewer and facilities shall be paid by the developer. Improvements to the waste water facilities and systems shall be made in accordance with the City of Deerfield Beach Engineering Standards and other applicable engineering standards and the provisions of this Code.

(7)

Solid waste. Adequate solid waste collection facilities and services shall be obtained by the applicant through the department of sustainable management.

(8)

Fire and fire rescue protection. Fire and fire rescue protection services shall be adequate to protect people and property in the proposed development. Adequate water supply, fire hydrants, fire apparatus and facilities shall be provided in accordance with the Florida Fire Prevention Code and other acceptable applicable fire and safety standards. Fire lanes shall be provided to facilitate access for firefighting equipment in accordance with section 86-1 of this Code. The development shall provide improvements to minimize the risk to public safety and assure adequate fire/rescue protection.

(9)

Police protection. Police protection services shall be adequate to protect people and property in the proposed development. The development shall provide improvements to minimize the risk to public safety and assure adequate police protection.

(10)

Communications network. Building and structures shall not interfere with the City of Deerfield Beach and Broward County public safety communication network. Development shall be modified to accommodate the needs of the City of Deerfield Beach and Broward County public safety communication network.

(11)

Protection of air navigation. No development shall include a structure, or alteration thereof, that is subject to the notice requirements of Federal Aviation Regulations (FAR) Part 77, Subpart B, unless the Federal Aviation Administration issues, or has issued within the previous 90 days, a written acknowledgement that said structure or alteration would not constitute a hazard to air navigation and does not require increases to minimum instrument flight altitudes within a terminal area, increases to minimum obstruction clearance altitudes, or other operational modifications at any existing airport or heliport or any planned or proposed airport as described in FAR Part 77.21(C)(2).

(12)

Adequacy of local parks and recreation facilities. Land suitable for residential development pursuant to the applicable land development regulations shall be designed to provide for the park, open space and recreational needs of the future residents of the developed area.

a.

Approval of a development permit for a residential development shall require a finding at the time the development permit is issued that local park acreage equal to three acres of local park per 1,000 residents is available to the development.

b.

In order to provide lands or funds or both to be used to provide additional local parks necessary to meet the need for such local level parks created by additional residential development, and to provide the funds needed to develop such lands as parks, a developer must provide for such needs according to one of the following methods as determined by the city commission to most adequately provide for the needs of the particular area:

1.

Dedicate land of suitable size, dimension, topography and general character to serve as local parks or a substantial portion thereof, which will meet local level park needs created by the development. The total amount of land to be dedicated either on or off the development site must equal a ratio of at least three acres of land for every 1,000 potential residents estimated to occupy the development under the formula as provided herein.

Population* / 1000  × 3 Acres = Acres Dedication

* Population = Total Acres × Dwelling Units/Gross Acres × Persons/Unit

2.

Deposit in the recreation and open space impact fee trust fund, established and maintained by the city, the recreation and open space impact fee set forth in section 98-17.1 of this Code.

3.

Construct park capital improvements. The developer shall submit acceptable engineering drawings and specifications, and construction cost estimates to designated city staff. City staff shall, within a reasonable period of time, determine credit against impact fees for the construction of the improvements based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates if the city determines that such estimates submitted by the applicant are either unreliable or inaccurate. All improvements required from the developer as a condition of approval for a development permit shall be installed and completed prior to the issuance of any certificate of occupancy. In the event that any improvements required to be made by the developer as a condition of approval for a development permit cannot be installed or completed prior to the issuance of any certificate of occupancy, the city may accept payment or a bond in the amount needed to ensure completion of the required improvements.

(13)

Platting. The platting requirements as set forth in the city's adopted comprehensive plan and Broward County Land Use Plan have been met.

(14)

The development permit is consistent in all respects and satisfies the requirements of the Deerfield Beach Comprehensive Plan.

(15)

Compatibility.

a.

The proposed development must be compatible (as compatibility is defined within section 98-3) with adjacent and neighboring (within 500 feet) uses and zoning. In addition to the factors set forth herein, the compatibility review shall also include a review of generally accepted Crime Prevention through Environmental Design (CPTED) principals to the extent they may assist in creating a greater degree of security for both the applicant and the surrounding area. The city may engage the services of outside experts to assist in the analysis, the cost of which shall be charged to the applicant as part of the city's cost recovery process. Every application for major or minor development approval shall contain a description of how the application complies with the requirements of this section and provides any mitigation measures the applicant deems appropriate for the purpose of meeting the requirements of this subsection.

b.

The proposed development must be compatible with (as compatibility is defined within section 98-3) and preserve the character and integrity of residential development within 500 feet of the proposed development. For this purpose any approval may include measures to preserve the integrity and peaceful enjoyment of single-family residences and well as the physical security of the residents, with a special focus on the physical security of children under the age 18 who may live in those residences.

c.

The proposed development must be compatible (as compatibility is defined within section 98-3) with public and private schools, day care facilities, playgrounds, parks and other places that cater to children under the age of 18 or places which regularly provide facilities for such children to gather within 500 feet of the proposed use. For this purpose the compatibility finding may include measures to protect the safety and security of children under the age of 18 as set forth below:

1.

Where reasonably necessary, the city may require the proposed development or facility to include physical improvements including, but not limited to, walls higher than permitted in the Land Development Code and/or access restrictions. The city may also require security cameras coordinated with the appropriate law enforcement agency, other city security apparatus, or other reasonable security measures including, but not limited to, additional on-site security or background check reporting.

2.

The city may require the submission of an operational plan to mitigate objective significant safety and security concerns created by the proposed development or use. Any accepted plan shall be made a binding part of any development approval.

3.

There shall be a rebuttable presumption that the following uses are not compatible with existing or proposed public or private schools, day care facilities, playgrounds, parks and other places which cater to children under the age of 18 or places which regularly provide facilities for such children to gather within 500 feet of such above uses:

i.

Retail establishments which sell firearms as defined in F.S. § 790.001, or ammunition for such firearms;

ii.

A regulated use as that term is used in section 98-102;

iii.

Pain management clinics.

The presumption shall be deemed to be rebutted by submission of an operation plan, acceptable to the city (which acceptance shall be based upon the standards set forth herein) which addresses all compatibility issues as described here. The applicant for any such use shall submit, as part of its application, a mitigation plan which contains a combination of development related features on the site and an operational plan which mitigates any significant risk to the health and safety of the persons and uses sought to be protected.

d.

The proposed development shall include improvements or modifications either on-site or within the public rights-of-way to mitigate adverse impacts, such as traffic, noise, odors, shadow, scale, visual nuisances, or other similar adverse effects to adjacent neighborhoods. These improvements or modifications may include, but shall not be limited to, the placement or orientation of buildings and entryways, parking areas, buffer yards, alteration of building mass, and the addition of landscaping, walls (which may exceed the height provided for in the Land Development Code where necessary to accomplish the purposes set forth herein), or both, to ameliorate such impacts. Any required walls shall be placed so that the side facing residences is decorative in nature. Where commercial uses are directly adjacent to residential uses, measures shall be employed to restrict the ability of patrons of the commercial uses to disturb or intrude upon residential areas from the lot/parcel upon which the commercial use is located. Such measures shall be made part of any approval.

e.

Roadway adjustments, traffic control devices or mechanisms, and access to reduce or eliminate development generated traffic on neighborhood streets may be imposed.

f.

The determination as to compatibility together with any required mitigation improvements or measures shall be made a condition of development approval may be imposed.

(16)

Required right-of-way dedications. All developments which contain property designated by the Broward County Trafficways Plan and the delineated by the Broward County Trafficways plan and the delineated trafficways plan approved by the county commission, pursuant to the Broward County Land Development Code, shall be conveyed to the public by dedication on the face of any plat, or by warranty or easement deed, if the development permit is not a plat or if such instruments are found acceptable by the city attorney for the City of Deerfield Beach.

(17)

Adequacy of schools. The city shall not approve an application for a residential plat, replat, plat note amendment, findings of adequacy, or any residential site plan application that generates one or more students, (or is not exempt or vested from the requirements of public school concurrency), until the school board has reported that the school concurrency requirement has been satisfied, and the city has determined that the application is consistent with this Code and the city's Comprehensive Plan.

The city shall verify prior to issuing a building permit for a residential development that either the requirements of public school concurrency have been met or that the application is exempt or vested from public school concurrency.

(Ord. No. 2000/001, § 9, 4-5-00; Ord. No. 2008/030, § 5, 9-16-08; Ord. No. 2011/010, §§ 1—4, 2-11-11; Ord. No. 2013/008, § 3, 3-5-13; Ord. No. 2016/008, § 2, 4-19-16; Ord. No. 2018/031, § 2, 10-16-18)

(1)

Intent and purpose. The purposes and intent of these impact fee procedures are:

(a)

To establish uniform procedures for the imposition, calculation, collection, expenditure and administration of impact fees imposed on new development;

(b)

To implement the goals, objectives and policies of the Deerfield Beach Comprehensive Plan relating to assuring that new development contributes its fair share towards the costs of public facilities reasonably necessitated by such new development;

(c)

To ensure that new development is reasonably benefited by the provision of the public facilities provided with the proceeds of impact fees; and

(d)

To ensure that all applicable legal standards and criteria are properly incorporated in these procedures.

(2)

Legislative findings. The city commission finds, determines and declares that:

(a)

In order to maintain current level of service standards for police services, fire services, rescue services and recreation and open space, the city must ensure that new development may be accommodated without decreasing current level of service standards.

(b)

The State of Florida, through the enactment of Section 163.31801, Florida Statutes, finds that impact fees are an important source of revenue for a local government to use in funding the infrastructure necessitated by new growth and that impact fees are an outgrowth of the home rule power of a local government to provide certain services within its jurisdiction.

(c)

The imposition of impact fees is one of the preferred methods of ensuring that new development bears a proportionate share of the cost of capital facilities necessary to accommodate such development. Allocation of a proportionate share of costs promotes and protects the public health, safety and general welfare of the residents of the city.

(d)

Each of the types of land uses described in the Schedule of Impact Fees hereof shall create demands for the acquisition of, or expansion of, municipal services facilities and the construction of municipal services capital improvements;

(e)

The report entitled "Impact Fee Study", dated February, 2016, by Walter H. Keller, Inc. sets forth a reasonable methodology and analysis for the determination of the impact of new development on the need for and costs of additional municipal services capital facilities in the city.

(3)

Authority. The city commission is authorized to enact this section pursuant to Article VIII, Section 2(b) of the Florida Constitution and Section 166.021, Florida Statutes.

(4)

Public safety impact fees: "Public safety" means those services and capital facilities attributable to law enforcement and fire/rescue services.

(a)

Any person or entity who, after the effective date of this section seeks to develop land within the city by applying for a building permit, is hereby required to pay a public safety impact fee in the manner and amount set forth in this section. The city commission hereby adopts the following schedule of public safety impact fees.

(b)

Except as may otherwise be set forth in this Code, no building permit requiring payment of impact fees pursuant to this section shall be issued unless and until the applicable impact fees herein required have been paid either concurrently with or subsequent to the filing of a complete application for such permit.

(c)

No extension of a building permit issued after the adoption of the ordinance from which this section derives, or the effective date of any applicable amendment to this section, for any activity requiring payment of an impact fee pursuant to the Schedule of Public Safety Impact Fees shall be granted unless and until the impact fees herein required have been paid.

(d)

In the event a building permit is amended after issuance, the applicant shall pay the applicable impact fee(s) in effect at the time the amended building permit is issued with credit being given for the previous fees paid.

(e)

Schedule of Public Safety Impact Fees:

(f)

If a building permit is requested for mixed uses, then the fee shall be determined through using the public safety impact fee schedule above, by apportioning the space committed to uses specified.

(g)

For outdoor storage yards, or principal uses on parcels for which there is no building, the impact fee calculation shall be based on the square footage of the use area.

(h)

If the type of development activity that a building permit is applied for is not specified on the public safety impact fee schedule above, the administrative official shall use the impact fee applicable to the most nearly comparable type of land use specified.

(i)

In the case of change of use, redevelopment or expansion or modification of an existing use which requires the issuance of a building permit, the public safety impact fee shall be required when an additional 1,000 square feet is added to the building or use area in the case of outdoor uses.

(j)

All funds collected shall be properly identified by and promptly transferred for deposit in the public safety impact fee trust fund to be held in separate accounts and used solely for the purposes specified in this section.

(k)

Public safety impact fee trust funds established.

1.

There is hereby established a public safety police protection impact fee trust fund, a public safety fire protection impact fee trust fund and a public safety fire rescue services impact fee trust fund.

2.

Funds withdrawn from these accounts must be used in accordance with the provisions of subsection (l).

(l)

Use of funds.

1.

Funds collected from public safety impact fees shall be used solely for the purpose of acquiring, equipping and/or making capital improvements to city public safety facilities and shall not be used for maintenance or operations.

2.

In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which public safety impact fees may be expended, public safety impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in subsection 1 above.

3.

At least once each fiscal period the city manager shall present to the city commission a proposed capital improvement program for public safety, assigning funds, including any accrued interest from the two public safety impact fee trust funds to specific public safety improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the public safety impact fee trust fund until the next fiscal period except as provided by the refund provisions of this section.

4.

Funds may be used to provide refunds as described below.

(m)

Credits.

1.

Public safety capital improvements may be offered by the feepayer as total or partial payment of the required public safety impact fee. Applicants for credit for construction of public safety improvements shall:

a.

Submit acceptable engineering drawings and specifications, and construction cost estimates to appropriate city staff.

b,

City staff shall, within a reasonable period of time, determine credit for construction based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates if the city determines that such estimates submitted by the applicant are either unreliable or inaccurate.

c.

All improvements required from the developer as a condition of approval for a development permit shall be installed and completed prior to the issuance of any certificate of occupancy.

d.

In the event that any improvements required to be made by the developer as a condition of approval for a development permit cannot be installed or completed prior to the issuance of any certificate of occupancy, the City may accept payment or a bond in the amount needed to ensure completion of the required improvements.

2.

Credits shall not be transferable from one project or development to another without the approval of the city commission.

(5)

Recreation and open space impact fees.

(a)

Any person or entity who, after the effective date of this section, seeks to develop land within the city by applying for a building permit for a residential building or hotel is hereby required to pay a recreation and open space impact fee in the manner and amount set forth in this section. The city commission hereby adopts the following schedule of recreation and open space impact fees.

(b)

Except as may otherwise be set forth in this Code, no building permit requiring payment of impact fees pursuant to this section shall be issued unless and until the applicable impact fees herein required have been paid either concurrently with or subsequent to the filing of a complete application for such permit.

(c)

No extension of a building permit issued after the adoption of the ordinance from which this section derives, or the effective date of any applicable amendment to this section, for any activity requiring payment of an impact fee(s) pursuant to the Schedule of Recreation and Open Space Impact Fees shall be granted unless and until the impact fees herein required have been paid.

(d)

In the event a building permit is amended after issuance, the applicant shall pay the applicable impact fee(s) in effect at the time the amended building permit is issued with credit being given for the previous fees paid.

(e)

Schedule Of Recreation and Open Space Impact Fees.

(f)

A recreation and open space impact fee trust fund is established.

(g)

Funds withdrawn from these accounts must be used in accordance with the provisions of subsection (e).

(h)

Use of funds.

1.

Funds collected from parks and recreation impact fees shall be used solely for the purpose of acquiring and/or making capital improvements to parks under the jurisdiction of the city and shall not be used for maintenance or operations.

2.

In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which parks and recreation impact fees may be expended, parks and recreation impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in subsection 1.

3.

At least once each fiscal period the manager shall present to the city commission a proposed capital improvement program for parks and recreation, assigning funds, including any accrued interest, from the parks and recreation impact fee benefit district trust fund to specific park improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same parks and recreation impact fee benefit district trust fund until the next fiscal period except as provided by the refund provisions of this section.

4.

Funds may be used to provide refunds as described below.

(6)

Refund of fees paid.

(a)

Expired building permit. If a building permit expires or is canceled without construction commencing, then the feepayer shall be entitled to a refund, without interest, of the impact fee paid except that the city shall retain five percent of the fee to offset a portion of the costs of collection and refund. The feepayer shall submit an application for such a refund to the city manager or designee within 30 days of the expiration of the order or permit, or thereafter waive any right to a refund.

(b)

Funds not expended. Any funds not expended or encumbered by the end of the calendar quarter immediately following seven years from the date the impact fees were paid shall, upon application of the then current landowner, be returned to such landowner, without interest, provided that the landowner submits an application for a refund to the city manager or designee within 180 days of the expiration of the seven- year period.

(7)

Exemptions.

(a)

The following shall be exempted from payment of the impact fee:

1.

Alterations of an existing building where no additional residential density or hotel units are created and where the use is not changed;

2.

The construction of an accessory building or structure not increasing the demand for services of the parent parcel;

3.

The replacement of a building or structure with a new building or structure of the same size and use when an impact fee for such building or structure has previously been paid pursuant to this section or where a building or structure legally existed on the site on or prior to the effective date of this division; provided that the building permit for the replacement of a building or structure which has been destroyed or otherwise rendered uninhabitable must be applied for within 18 months of the date it was destroyed or rendered uninhabitable in order to be exempted from the payment of impact fees;

4.

Installation of a replacement mobile home on the same site, where a mobile home legally existed.

(b)

Any claim of exemption must be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived.

(8)

Administrative procedures for petitions for impact fee determinations and refunds.

(a)

Petition process.

1.

Petitions for an impact fee determination and refund of impact fees shall be submitted using the petition process, requirements and time limits provided herein. All petition requests except petitions for refunds under subsection (c) below, shall be accompanied by a fee of $250.00. Any officer, department, board, commission or agency of the city (collectively referred to as city "entities") submitting a petition shall not be required to pay said fee.

2.

All petitions shall be submitted to the city for processing and preparation of a staff report and recommendation on the petition, and the final determination on the petition shall be issued by the city. The staff report and recommendations shall be sent to the petitioner no later than 60 days after filing of a completed petition. The city shall, no later than 90 days of filing of the complete petition issue a written determination on the petition, with the reasoning for the determination based upon the petition data, the provisions of this chapter and applicable law, and, if needed, direct the appropriate city staff to take the actions necessary to implement the determination.

3.

Upon written agreement by the city and the petitioner the time limits in this section may be waived for any reason, including, but not limited to, the submittal of additional data and supporting statements by the petitioner. The city manager's designee is authorized to determine whether a petition is complete and whether additional data or supporting statements by appropriate professionals are needed. If the city manager's designee determines that the petition is not complete, a written statement detailing the insufficiencies of the petition shall be provided to the petitioner within 30 days of initial filing of the petition. The date of such written determination of insufficiency shall toll the time limits established in the section until submittal of a complete petition. Any insufficiency not corrected during such time will cause the petition to not be considered, and it will be returned without the necessity of further action.

4.

The filing of a petition shall stay action by the city on the application for building permit and any other city action related to the development. No building permit shall be issued for development for which a petition has been filed and is pending unless the total impact fees due have been paid in full or a sufficient bond or letter of credit satisfactory to the city attorney has been filed with the city.

(b)

Petitions for impact fee determination. Any applicant, prior to or in conjunction with the submission of an application for a building permit, or within 30 days of the date of payment of impact fees, may petition the city for a determination that the amount of the impact fees imposed on the new development is inappropriate based on any or all of the following factors the specific land use category applied to the residential or nonresidential development and the amount of development (dwelling units and/or gross square footage). The petition shall specify in detail the basis on which the applicant asserts that the amount of the impact fees is inappropriate. The petition shall be on a form provided by the city and shall, at a minimum, include identification of the disputed factor(s), a detailed statement by a qualified professional engineer, planner or other appropriate professional, and, if filed after payment of impact fees, a dated receipt for payment of the impact fees issued by the city's building department. Failure to timely file a petition for impact fee determination shall waive any right to review or recalculation to decrease the impact fee payment.

(c)

Petitions for refund of impact fees.

1.

The current owner of property on which an impact fee has been paid may apply for a refund of such fees if the city has failed to appropriate or spend the collected fees by the end of the calendar quarter immediately following, seven years of the date of payment of the impact fee, if the building permit for which the impact fee has been paid has lapsed for non-commencement of construction, if the project for which a building permit has been issued has been altered resulting in a decrease in the amount of the impact fee due.

2.

Only the current owner of property may petition for a refund. A petition for refund must be filed within 180 days of any of the above-specific events giving rise to the right to claim a refund. Failure to timely file a petition for refund shall waive any right to an impact fee refund.

3.

The petition for refund shall be submitted to the city on a form provided by the city for such purpose. The petition shall contain a notarized affidavit that petitioner is the current owner of the property, a certified copy of the latest tax records of Broward County showing the owner of the subject property, a copy of the dated receipt for payment of the impact fee issued by the city's building division and a statement of the basis upon which the refund is sought.

(9)

Accounting and reporting of impact fees. The City of Deerfield Beach shall provide an accounting and reporting of impact fee collections and expenditures in a separate accounting fund. Audits of financial statements of the city must include an affidavit signed by the chief financial officer of the city stating that the city has complied with F.S. § 163.31801.

(10)

Savings clause. If any section, sentence, clause or phrase of this chapter, as amended, is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this chapter.

(Ord. No. 2016/008, § 3, 4-19-16)

A determination that the requirements contained in subsections (2), (3), (4), (5), (6), (7) and (12) of section 98-17 shall be reduced to writing and made a part of any development permit and shall constitute a certificate of concurrency. This certificate shall be valid for a period equal to the validity of the development permit issued. If no building permit is issued within that time the certification shall be deemed void and the applicant shall be required to obtain a new certificate prior to obtaining a development permit from the city. If a development permit has been issued based upon a certificate of concurrency, the applicant/developer, need not obtain another certificate for any other development permit, provided that a building permit is obtained for the development within the valid period of the development permit.

In addition to the requirements provided for in sections 98-16 through 98-18, all site plans shall conform to the following requirements:

(1)

Access to trafficways. Any plat or site plan of lands which abut or contain an existing or proposed trafficway shall be designed to facilitate the safe and efficient movement of vehicles between the trafficway and the proposed development. The following standards shall be applied in making this determination:

a.

Street capacities shall be determined by the standards established by the Highway Capacity Manual by the Transportation Research Board of the National Research Council, Washington, D. C. and all Broward County engineering standards.

b.

The design of streets shall be in conformance with the Manual of Uniform Minimum Standards For Design Construction And Maintenance For Streets And Highways prepared by the Florida Department of Transportation.

c.

Trafficways shall conform to the Manual of Engineering Standards approved by the City of Deerfield Beach.

d.

Intersections between collectors, local streets, and trafficways shall be determined to be safe and designed to provide for the free, efficient, and safe flow of traffic to protect the health, safety, and welfare of any pedestrians which may be traversing the area.

e.

The city may determine that any development abutting a trafficway or local street may require the granting of ingress and egress easements in order to provide for joint use driveways for adjacent properties.

(2)

Driveway access. In order to provide the maximum safety with the least interference of the traffic flow on public rights-of-way and to provide ease and convenience of ingress and egress to private properties, the number, location, and design of driveway accesses shall be evaluated in accordance with the intensity or size of the development proposal, existing roadway improvements and conditions, and the amount of street frontage. Driveway accesses shall be designed to assure vehicular and pedestrian safety, and adequate emergency vehicle accesses. Driveway access improvements shall be made in accordance with the applicable engineering standards of the City of Deerfield Beach. No more than two access openings shall be permitted per street frontage. Drive accesses, ingress and egress shall not cause traffic to create negative impacts on adjacent residential neighborhoods, by virtue of traffic, noise, or unsightly conditions affecting such neighborhoods. All loading areas shall minimize the negative impacts of noise, traffic, odors, unsightliness, and traffic impacts on adjacent residential areas and no site plan shall be approved which cannot successfully mitigate such impacts. All loading areas shall be screened from view from adjacent residences.

(3)

On-site traffic circulation improvements. On-site traffic circulation improvements shall provide safe and efficient vehicular movement, pedestrian safety, and adequate access for service and emergency vehicles, and shall not cause traffic to create negative impacts on adjacent residential neighborhoods, by virtue of traffic, noise, or unsightly conditions affecting such neighborhoods.

(4)

Arrangement of streets. The arrangement, character, extent, width, grade, and location of all streets shall conform to the official map and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of land to be served by such streets. When not shown on the official map, the arrangement and design standards of streets shall conform to the provisions found in this Code. Such arrangement of streets in the city shall make provision for the continuation of existing streets from adjoining areas. Where adjoining areas are not developed, the arrangement of streets shall make provision for the proper projection of streets. Streets shall be carried to the boundaries of the tract proposed to be developed. Street jogs with centerline offsets of less than 125 feet shall be prohibited unless no other satisfactory configuration is found acceptable by the environmental services and sustainable management departments. Dead end streets or cul-de-sac, designed to be so permanently, shall not be longer than 3,000 feet and shall be provided at the closed end with a turn-around having an outside paved diameter of at least 100 feet, and a street property line diameter of at least 120 feet. If a dead end street is of a temporary nature, a similar turn around shall be provided, and provision made for future extension of the street into adjoining properties. Where a residential area abuts or contains an existing arterial street, the city commission may require marginal access streets or other such treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic streets. Streets running through residential areas shall be laid out so that the use by through traffic will be discouraged.

(5)

Street widths. Street widths shall be not less than provided for in the following table and shall provide sufficient right-of-way to conform to the traffic circulation element of the City of Deerfield Beach Comprehensive Plan.

In areas designed and zoned, or where a petition for a change in zoning is contemplated, for commercial use, the street width shall be increased by such amount on each side as may be deemed necessary by the development review committee to assure the free flow of traffic without interference by parked or parking vehicles, and to provide safe parking space for such commercial or business district.

(6)

Intersections. The intersections of more than two streets at one point shall be avoided except where it is impracticable to secure a proper street system otherwise. Streets shall intersect one another at an angle as near to a right angle as possible, and no intersections of streets at angles less than 60 degrees shall be approved. Street intersections shall be a chord of a circle having a radius of 25 feet measured at the back of curbs when the said intersection occurs at right angles. If an intersection occurs at an angle other than a right angle, it shall be a chord having a radius acceptable to the development review committee. The development review committee may permit comparable cut-offs or chords.

(7)

Street deflections. When connecting street lines deflect from each other at any one point by more than ten degrees, they shall be connected by a curve with a radius adequate to insure a sight distance of not less than 100 feet for minor and collector streets, and of such greater radii as the development review committee shall determine for special cases.

(8)

Reverse curves. A tangent at least 250 feet long shall be introduced between reverse curves on arterial streets, and a tangent at least 100 feet long shall be introduced between reverse curves on collector streets.

(9)

Developments into tracts larger than ordinary building lots. Where a tract is developed into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow the opening of future streets and logical further development.

(10)

Reserve strips. Reserve strips controlling access to streets shall be prohibited except under conditions approved by the development review committee.

(11)

Railroad on or abutting development. Where a residential area borders on or contains a railroad right-of-way or limited access highway right-of-way the development review committee may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.

(12)

Half streets prohibited. Half streets shall be prohibited, except where essential to the reasonable development of the property in conformity with the other requirements of these regulations and where the development review committee finds it will be practicable to require the dedication of the other half when the adjoining property is developed. Wherever a half street is adjacent to a tract to be developed, the other half of the street shall be platted within such tract.

(13)

Street names and numbers. Names of new streets shall not duplicate existing or platted street names unless a new street is a continuation of, or in alignment with, the existing or platted street. House numbers shall be assigned in accordance with the house numbering system now in effect in the city.

(14)

Access to streets across ditches. The developer shall provide access to all proposed streets, across all ditches, in a standard method approved by the director of engineering and utilities or his designated agent.

(15)

Vacation of streets. The planning and zoning board shall not recommend the vacation of any street or part of a street dedicated for public use if such vacation interferes with the uniformity of the existing street pattern or any future street plans for the area.

(16)

Hardship to owners of adjoining property avoided. The street arrangements shall not be such as to cause hardship to owners of adjoining property in platting and developing their own land and providing convenient access to it.

(17)

Surfacing. All streets shall be surfaced in accordance with applicable standard specifications of the city. Such construction shall be subject to inspection and approval by the director of engineering and utilities.

(18)

Curbs, gutters and drainage. Adequate drainage and drainage structures shall be provided in accordance with standard specifications of the city. Such construction shall be subject to the inspection and approval of the director of engineering and utilities and/or building official.

(19)

Sidewalks. Five-foot wide concrete sidewalks shall be constructed in accordance with the standard engineering specifications of the city, along both sides of all streets, or as required by the development review committee. All sidewalks shall be constructed continuous through driveways. Sidewalks shall be well-drained and provide a clean, dry, hard surface that is safe and comfortable for pedestrian travel. Surfaces of sidewalks shall be free from any trip hazards, be skid-resistant and shall be constructed to the satisfaction of the city engineer or his designee. Sidewalks shall be compliant with the Americans with Disabilities Act (ADA) Accessibility Guidelines and the city's standard engineering specifications.

As an alternative to plain concrete, decorative sidewalk materials may be used to construct sidewalks. Decorative sidewalks shall comply with all requirements stated above for plain sidewalks and shall be subject to final approval by the city engineer. A decorative sidewalk shall mean a sidewalk constructed of materials other than plain concrete, such as concrete bricks, clay bricks, stamped/colored concrete, etc. Paint over a standard concrete sidewalk is prohibited and shall not be deemed to be an approved decorative sidewalk material. For approved decorative materials not addressed in the standard engineering specifications of the city, a drawing that shows the type of materials, thickness and installation details of the decorative sidewalk shall be submitted as an attachment to the application for a construction permit. The drawing shall contain sufficient information and details to demonstrate that the decorative sidewalk, underlying base materials and edge materials are adequate to support all loads and forces that may be imposed throughout the design life of the sidewalk. If any person elects to construct a decorative sidewalk in lieu of a plain concrete sidewalk, then such person, and such person's successors, assigns or grantees in ownership of the property adjacent to said decorative sidewalk shall, by the installation of such, be bound to hold the city harmless for all costs, including attorney fees, and damages, held to be payable by the city, arising out of any injury to any person attributable to the use of such material. The permission granted by the city to install a decorative sidewalk shall not in any way be deemed to determine that such decorative sidewalk as installed is non-hazardous. The city shall have a lien on the abutting property as security for such fees and damages which lien may be foreclosed if the costs and damages are unpaid. The city shall not be liable in whole or in part for the repair, cleaning, restoration, removal, replacement or reconstruction of a decorative sidewalk due to any damage that may be caused by any work performed by the city or its agents in the vicinity of said decorative sidewalk. In the event such a decorative sidewalk is damaged or destroyed in whole or in part, as a result of city work in the public right-of-way, then the city shall not be liable for any sidewalk restoration other than plain concrete in accordance with the standard engineering specifications of the city. The owner shall execute an agreement in a form acceptable to the city attorney, indemnifying and holding the city harmless as required herein and providing the necessary lien and enforcement rights. If, at any time, in the opinion of the city engineer, the condition of a decorative sidewalk is such that it constitutes a hazard to pedestrians or others, notice of this fact shall be given by certified mail return receipt requested to the owner of the adjacent property and said owner shall correct said hazard within 60 days after said notice. If the hazard is not corrected within 60 days after the notice, the city may correct the hazard by whatever means and methods the city engineer judges to be in the best interests of the city and the city may lien the adjacent property for the costs involved. If any owner elects to construct a decorative sidewalk, then such owner and all of such owner's, and future owner's, successors, assigns and grantees in ownership shall, by construction of such decorative sidewalk or by the acquiring of ownership of such property, be deemed to have agreed to all of the provisions of this section.

(20)

Driveways. Driveways that are to be located in public right-of-way and utility easements shall be constructed of concrete or asphaltic concrete in accordance with the standard engineering specifications of the city. Driveway surfaces shall be free from any trip hazards, be skid-resistant and shall be constructed to the satisfaction of the city engineer or his designee. All driveways constructed in the public right-of-way shall incorporate a continuous sidewalk to match the alignment, grades and slopes of existing or future sidewalks on either side of the driveway.

As an alternative to plain concrete and plain asphaltic concrete, decorative driveway materials approved by the city engineer may be used to construct driveways. A decorative driveway shall be deemed to be a driveway made of materials other than plain concrete or plain asphaltic concrete, such as concrete bricks, clay bricks, stamped/colored concrete, etc. Decorative driveways shall comply with all requirements stated above for plain concrete or asphaltic concrete driveways. For approved decorative driveway materials not addressed in the standard engineering specifications of the city, a drawing that shows the type of materials, thickness and installation details of the decorative driveway shall be submitted as an attachment to the application for a construction permit. The drawing shall contain sufficient detail to demonstrate that the decorative driveway, underlying base materials and edge materials are adequate to support all loads and forces that may be imposed throughout the design life of the driveway. If any owner elects to construct a decorative driveway, then such owner and all of such owner's and future owner's successors, assigns and grantees in ownership of the property served by such driveways shall, by the construction of such, or by the acquiring of ownership of such property, be bound to hold the city harmless for all damages and costs including attorney fees, held to be payable by the city, arising out of any injury to any person attributable to the use of a decorative driveway. The permission granted by the city to install such driveways shall not in any way be deemed to determine that such as installed is non-hazardous. The city shall have a lien on the property served by such driveways as security for such costs and damages which lien may be foreclosed if the costs and damages are unpaid. The city shall not be liable in whole or in part for the repair, cleaning, restoration, removal, replacement or reconstruction of a decorative driveway due to any damage that may be caused by any work performed by the city or its agents in the vicinity of said decorative driveway. In the event such a decorative driveway is damaged in whole or in part, as a result of city work in the public right-of-way, then the city shall not be liable for any restoration other than replacement with plain concrete or plain asphaltic concrete in accordance with the standard engineering specifications of the city. The owner shall execute an agreement in a form acceptable to the city attorney, indemnifying and holding the city harmless as required herein and providing the necessary lien and enforcement rights. If at any time, in the opinion of the city engineer, the condition of a decorative driveway is such that it constitutes a hazard to pedestrians or others, notice of this fact shall be given by certified mail return receipt requested to the owner of the adjacent property and said owner shall correct said hazard within 60 days after said notice. If the hazard is not corrected within 60 days after the notice, the city may correct the hazard by whatever means and methods the city engineer judges to be in the best interests of the city and the city may lien the adjacent property for the costs involved. If any owner elects to construct a decorative driveway, then such owner and all of owner's and future owner's, successors, assigns and grantees in ownership shall, by construction of such decorative driveway or by the acquiring of ownership of such property, be deemed to have agreed to all of the provisions of this section.

(20A)

Sidewalk waiver.

(1)

A waiver from the sidewalk requirements set forth above may be granted by the city engineer or his designee where all of the following conditions exist:

a.

There are no existing or committed sidewalks within the existing portion of the development;

b.

More than 50 percent of lots in the neighborhood have been developed and more than 50 percent of those lots do not have sidewalks;

c.

The construction would create a long-term isolated segment of sidewalk;

d.

The proposed sidewalk is not on a road that is identified in the Broward County Trafficways Plan (hereinafter referred to as trafficways);

e.

The "neighborhood" or "development" may be considered to be the block, the street from intersection to intersection or the general vicinity of the property in question, as determined by the city engineer or his designee.

Should the owner wish to seek a waiver for the requirement to construct sidewalks that would be in or abut a trafficway, the owner shall be responsible for obtaining all necessary approvals and permits from Broward County and/or other agencies having jurisdiction of the trafficway under consideration.

(2)

Agreement for future construction. In the event that a sidewalk waiver is granted, the owner of the property shall enter into an agreement with the city that shall be recorded in the public records, which agreement shall require the owner to construct or pay for the construction of future sidewalks, when sidewalks are to be constructed on the adjacent parcels or along streets adjacent to such parcels. Owner of the property shall be responsible for the recording fee and any other charges levied by Broward County in connection with the recording of the agreement. The fee shall be paid at the time of execution of the waiver.

(3)

Sidewalk construction. Sidewalks that are not in trafficways shall be constructed in accordance with the city's manual of engineering specifications and city ordinances. Sidewalks shall be separated from the road surface by a curb or swale. At intersections, midblock crossings, bus stops, and bus bays, and bus shelters, sidewalk connections to the road surface or drop curb ramps shall be constructed to provide accessibility to disabled persons consistent with the Americans with Disabilities Act Accessibility Guidelines. Sidewalks shall not be constructed within utility easements where existing or future utility poles, service boxes, or other obstructions will reduce the width of the sidewalk below five feet, or as mandated for accessibility by the Americans with Disabilities Act, as same may be amended from time to time. Sidewalks that are within trafficways shall be constructed in accordance with the requirements of the agency having jurisdiction of the trafficway under consideration.

(21)

Traffic signs. Street name signs shall be placed at all street intersections within or abutting developments. Traffic control signs shall be of a type approved by the city and shall be placed in accordance with standards of the U.S. Department of Transportation Manual on Uniform Traffic Safety Control Devices.

(22)

[Alleys.] Alleys shall be prohibited.

(23)

Easements.

a.

Provided for utilities. Easements with a right-of-way width of 12 feet shall be provided, as determined to be appropriate by the DRC.

b.

Provided for drainage. Where a development is traversed by a watercourse, drainage way, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose.

c.

Provided for access. Access easements shall be provided on private streets and driveways whenever public access is needed for solid waste disposal, fire protection, utilities access or other legitimate public or quasi-public uses.

(24)

Survey control monuments.

a.

Horizontal control. Monuments shall be placed at all block corners, angle points, points of curves in streets, and at intermediate points as shall be required by the director of engineering and utilities. The monuments shall be of such material, size and length as may be approved by the director of engineering and utilities. Where quarter section corners are located within the public right-of-way or on property lines, permanent reference monuments shall be set and identified as to location by bronze markers set in concrete.

b.

Vertical control. Not less than two NGVD bench marks shall be shown for every site plan and not less than two NGVD bench marks shall be set for each 40 acres, or fraction thereof. Such bench marks shall be identified as to NGVD elevation in bronze markers set in concrete showing the surveyor's identification.

(25)

Fire protection. Fire hydrants shall be installed in all developments. Fire protection and hydrant standards shall be subject to the approval of the city fire department and the director of the environmental services department.

a.

All fire hydrants to be installed in areas zoned RM-10, RM-25, B-3, I, and PID, shall be spaced no more than 350 feet apart with at least one hydrant located at street intersections.

b.

All fire hydrants to be installed in areas zoned B-1, B-2, RSO, and CF, shall be spaced no more than 500 feet apart with at least one hydrant located at street intersections.

c.

All fire hydrants to be installed in areas zoned A, RS-5, RS-7, RP-10, and PUD, shall be spaced not more than 750 feet apart with at least one hydrant located at street intersections.

d.

In other districts fire hydrants shall be located as determined to be necessary by the director of environmental services.

e.

All measurements under subsections (a) and (c) inclusive above shall be by linea feet along paved streets, alleys or driveways and not determined by compass radii.

(26)

Utility transmission lines, etc.; underground construction. All utility transmission lines, conduits, conveyances or other devices or apparatus for the transmission of utility services and products, including franchised utilities, power and light, telephone, cable television and telegraph, water, sewer and gas, shall be constructed and installed beneath the surface of the ground.

a.

Exceptions. This section shall not be applicable to the erection on the ground or flush to the ground of transformers, pull-boxes, service terminals, pedestal-type telephone terminals, telephone splice closures or other similar on-the-ground facilities normally used with and as a part of an underground distribution system; not to main feeder electric lines, the principal purpose of which is delivering power between substations or from substations to local single-phase distribution systems.

b.

Electric power. In the case of electric power, the underground requirement is applicable to the underground residential system set forth by the standards of the electric utility involved, using single-phase primary laterals, secondary and services necessary to serve a residential development. It is not the intent to include an underground requirement for transmission or main distribution feeder lines serving more than the immediate area.

"Electrical transmission line" is defined as a main trunk line which is a line from power plant to substation (69KV—240KV) and "electrical main distribution feed line" is defined as a line from substation to transformer to serve single-phase lateral (4KV—23KV).

c.

Costs. The subdivider or developer shall pay the necessary costs and make the other arrangements necessary for such underground installations with each of the persons, firms, or corporations furnishing utility services involved.

d.

[Street lighting.] Street lighting shall be installed by the developer in a manner approved by the city engineer.

e.

Performance bond. The posting of a performance bond by the developer may be necessary to carry out the intent and purpose of this section. Utilities shall be constructed in assigned lanes or easements where possible.

f.

Modifications. The city commission may grant modifications to any of the provisions of this section on its own initiative or upon application from the utility or developer whenever the property to be divided is of such size or shape or is affected by such topographical location or subsurface or topographical conditions that it is impractical or economically unfeasible to conform to the strict application of the requirements of this section.

(27)

Prior installation of utilities, fire hydrants, drainage. All utilities including water mains, water service connections under new streets, fire hydrants, drainage pipes, gravity sewer systems and force mains shall be connected to existing functional utilities as appropriate and shall be completed and approved by the city prior to the construction of new finished roads in existing or proposed rights-of-way or easements. Construction of finished roads shall be completed within such existing or proposed right-of-way or easements from existing paved public roads to the nearest adjacent building construction for which a building permit is to be issued. Such utilities and road construction shall be completed along the entire property frontage of each structure prior to issuance of a building permit for such structures.

(28)

Smoke, odor, emissions of particulate matter and noise. Provide prior to issuance of a building permit:

a.

Documentation from the Broward County Department of Planning and Environmental Protection (DPEP) or a report by a certified engineer licensed in the State of Florida, that the proposed development will not exceed the maximum levels of smoke, odor, emissions of particulate matter and noise as regulated by Chapter 27, Pollution Control, of the Code of Broward County, and that a DPEP permit for such facility is not required.

b.

Where a DPEP license is required in accordance with Chapter 27, Pollution Control, of the Code of Broward County, all supporting documentation and information to obtain such permit shall be submitted to the DRC as part of a site plan review.

c.

Such DPEP licenses shall be required to be issued and copies provided to the City prior to the issuance of a building permit for the proposed development.

(29)

Lighting: No lighting shall be directed from a commercial or industrial use in a manner which illuminates adjacent residential property and no source of incandescent or mercury vapor illumination shall be directly visible from any abutting residential property. No neon lights inside or outside structures shall be visible from any abutting residential property.

a.

Glare. Any nonresidential operation or activity producing glare shall be conducted so that direct or indirect illumination or light shall not cause illumination in excess of 1.0 footcandles on any abutting residential property.

b.

Control of effects of lights from automobiles or other sources. Where the site plan indicates potential adverse effects of parking or of other sources on the lot on which the nonresidential use is to be located, such effects shall be eliminated or at a minimum prevented so that lights do not illuminate adjacent residential property below a height of five feet at the residential lot line or from shining into any residential windows if there is to be nonresidential parking on the premises after dark.

(30)

All requirements contained in the zoning district regulations applicable to the property shall be met as well as all requirements relating to off-street parking and landscaping and Articles III and IV.

(31)

Required right-of-way dedications. All developments which contain property designated by the Broward County Trafficways Plan and the delineated trafficways plan approved by the county commission, pursuant to the Broward County Land Development Code, shall be conveyed to the public by dedication on the face of any plat, or by warranty or easement deed, if the development permit is not a plat or if such instruments are found acceptable by the city attorney for the City of Deerfield Beach.

(Ord. No. 2000/001, § 10, 4-5-00; Ord. No. 2006/025, §§ 1, 2, 8-1-06; Ord. No. 2009/013, § 2, 6-16-09; Ord. No. 2018/031, § 2, 10-16-18)

In the event that any improvements required to be made by the developer as a condition of approval for a development order cannot be installed or completed prior to the issuance of any certificate of occupancy, the city may accept a cash payment or security in a form acceptable to the city in an amount at 120 percent of the cost estimated by the city as needed to insure completion of the required improvements. The city will accept such payment or security from the applicant, when the applicant has demonstrated good cause for its inability to complete the installation of the required improvements, and such delay will not cause risk to public health or safety. Any security shall be a form acceptable to the city attorney of the City of Deerfield Beach. Any funds collected or bonds posted pursuant to this subsection shall only be expended on the improvements for which the money or security was obtained. Such funds shall be expended within six years of the date such money or bond was collected by the city.

If the cost of said improvements is less than the money held by the city, or if it has not been spent or used within the six-year time frame, then a refund of any surplus funds held by the city shall be made available to the developer or the bond shall be released. However, should any required improvement be budgeted and planned for completion within six years, then in that case, no refund or release shall be required. A developer may only be required to pay a proportionate share of the costs of required improvements in those cases in which the improvement does not solely benefit the development. In all other cases, the developer shall pay the full amount of the improvement.

Except as provided herein, all improvements required from the developer as a condition of approval for a development order shall be installed and completed prior to the issuance of any certificate of occupancy.

City engineering work permit fees for city developments and improvements as required shall be paid by the owner-developer and shall cover city engineering department discussion and review from conception to completion as well as city inspection throughout the construction and acceptance stages of all such projects.

Work permits, collection of fees.

(1)

Authorization. The director or his designated representative is authorized and directed to issue construction work permits, to provide for resident inspection, and to collect fees from owners or contractors who are legally authorized to perform construction work in the city as hereinafter described. Such permits shall be required for all work to be performed within existing proposed future city rights-of-way, easements and on city property. Permits shall also be required for the construction of all utilities systems which will connect to or be served by any city-owned public utility, such as those systems within subdivisions, condominiums, cooperative associations, or other such legally constituted groups.

(2)

When required. Permits shall also be required for the construction of streets to be used for public services such as police and fire protection and solid waste disposal within the boundaries of such and all other private properties. Permits shall also be required for the construction of storm drainage within such private properties in the interest of protecting the health, safety, and welfare of the public throughout the city and as required by this Code.

(3)

Scope. The construction work permit and fees shall apply to all such construction as described in (1) above, except that work done by franchised public utilities or government agencies, including the city, who shall be exempt from all such permit fees. Construction permits shall be required for construction of all water and sewer systems, street paving, bridges, drainage, sidewalks, street signs, permanent reference monuments, traffic signals, curbs, median paving, etc., which fall under this category of permits for general public benefit.

Restriction of scope. The construction work permit and fees shall not apply to water and sewer systems in the following areas:

a.

All of Section 9, Township 48 South, Range 42E.

b.

The part of the S.W. ¼ of Section 11, Township 48, South, Range 42E which lies west of the Seaboard Railroad right-of-way.

c.

That part of the N.E. ¼ of Section 11, Township 48 South, Range 42E, that lies within the right-of-way of Interstate 95 and was formally used as a rest area in conjunction with the maintenance and use of Interstate 95.

d.

The N.W. ¼ of the S.W. ¼ of Section 12, Township 48 South, Range 42E.

e.

Those portions of Section 33, Township 47 South, Range 42 East, and Sections 4 and 5, Township 48 South, Range 42E in Broward County, lying south of the Hillsboro Canal, east of the Florida Turnpike and west of Powerline Road.

(4)

Permit application. After final approval of the engineering plans and specifications by the city, but prior to the start of any work or delivery of any material to the construction site, the owner or contractor shall apply for an engineering construction permit in the following manner. He shall show proof of plans approved by the director and submit copies of signed contracts or an engineer's estimate of the cost of the construction to be permitted. Such contract or estimated costs shall be verified and amended as required by the city engineering department. The engineering department shall prepare a typed copy of the permit showing the amount of the fee to be $60.00 for construction costs of $1,000.00 or less, or showing the amount of the fees to be six percent of the total construction costs when such costs are greater than $1,000.00.

(5)

Fee payment. The applicant shall pay the director or his designated representative a fee of $60.00 for each type of construction when the construction costs therefore is $1,000.00 or less. On presentation of the applicant's receipt of payment, the director shall issue the appropriate construction work permits.

The applicant shall pay the director or his designated representative a fee in the amount of six percent of the construction costs (construction costs as set forth in (4) above) for each type of construction when the construction cost is greater than $1,000.00.

All such fees are non-refundable.

(6)

Work notice. The permittee shall advise the director of his work starting date at least one week in advance of delivery of material to the job site or the start of construction for all work for which a permit has been issued. Failure to do so shall be sufficient cause for the director to require proof that the work has been done in accordance with approved plans and specifications or to require that the work be redone.

(7)

Approved plans. The permittee shall be responsible for having at least one set of plans approved by the director at the job site at all times. Failure to do so shall be sufficient cause for the director to stop work. Any major changes, additions or deletions to the job shall require new plan approval and/or new construction work permits with possible attendant changes in work permit fees.

(8)

Overtime fees. If the permittee desires to perform construction work during other than regular city working hours, he shall make such arrangements with the director at least two full working days in advance of the proposed work. If the required city employees are available, overtime authorization will be given. If the permittee fails to make arrangements for overtime inspection and proceeds with such work in the absence of an inspector on the job, he shall be required to prove to the director that all work completed during such overtime periods meets every construction requirement of the city. All expenses of whatever nature required to provide such proof to the director shall be paid by the permittee.

(9)

Facilities. In the case of large projects having a relatively long duration, it may be required that the permittee supply an air-conditioned field office, telephone, and sanitary facilities for use by city engineering department personnel. The necessity of the permittee supplying these facilities shall be a judgment decision by the director.

(10)

Double fee. When work for which a permit is required is started or proceeded with prior to the obtaining of said permit, the fees as specified herein shall be doubled.

(11)

Engineer of record. Inspection and testing by the city shall not relieve the engineer of record of the responsibility of complying with the requirements of the city and other governmental bodies or agencies. In no case shall the director be designated or deemed to be the engineer specified as the engineer of record.

All surveying costs for city developments and improvements shall be paid by the owner-developer.

The costs of all right-of-way for developments and improvements as defined herein shall be borne by the owner-developer.

Design and construction costs of all city developments and improvements as defined herein shall be borne by the owner-developer except as may be provided by the City Code.

All costs associated with the transfer of ownership of public improvements shall be borne by the owner-developer.

ACCEPTANCE OF IMPROVEMENTS

(1)

When all improvements have been satisfactorily constructed, inspected and tested under the provisions of Title IV, Chapter 2; Title IV, Chapter 1; Title V, Chapter 7; Title IV, Chapter 3 as determined by the director of engineering and utilities, and provided that no subsequent damages to these improvements are in evidence, a formal agreement drafted by the city attorney shall be executed by the private owner, the city manager and the director of engineering and utilities, before the city assumes ownership of the improvements.

(2)

Acceptance of other improvements. When private improvements exist and where constructed with the intent that ownership would remain private and the owner at some later date desires to transfer ownership to the city, the private owner shall petition the city commission for conceptual approval of the acceptance of ownership by the city of said private improvements based upon fulfillment of the terms of the following formal standard agreement form (or a similar form approved by the City Attorney), which is to be executed by the private owner, the city manager and the director of engineering and utilities.

Agreement for official transfer of ownership of existing privately owned improvements from the current owner to the City of Deerfield Beach.

WHEREAS, the public improvements described hereinbelow are currently owned by a private party, and whereas said private owner whose signature appears below has petitioned the city commission of Deerfield Beach to transfer the ownership of those improvements from said private owner to the city, and whereas the city commission has indicated conceptual approval of this transfer of ownership by motion of the commission, subject to the following conditions:

a.

The current owner agrees to enter into a contract with a qualified consulting engineering firm to prepare an itemized cost estimate of all required certification to cover each improvement for which a transfer of ownership is proposed.

b.

The owner agrees to bear the cost of all such certification under the direct supervision of his consulting engineer.

c.

The owner's consulting engineer will prepare a report to the director of engineering and utilities, to be paid for by the owner and this report will specify each item of corrective work to be effected by the current owner to meet all required certifications.

d.

The owner's consulting engineer will prepare plans and specifications for such contractual work as is required to meet all certifications required by the director of engineering and utilities.

e.

On approval of such plans by the director of engineering and utilities, all rights-of-way and easements shall be in hand and recorded, a bond shall be posted and engineering work permits shall be issued to contractors, pre-construction meetings shall be held for each permit, the engineering department shall inspect the work and complete the test, the engineering inspection supervisor shall prepare a memorandum to the director of engineering and utilities attesting that the work covered by each permit has met all requirements for certification of all improvements.

f.

On approval of such plans by the director of engineering and utilities, the owner shall post bond in the amount of 120 percent of the cost of compliance with all required certifications prior to the beginning of construction and said bond should be and remain in effect, for one year after the effective date of this agreement.

Description of all improvements covered by this agreement:

Now, Therefore, the undersigned witnesses and attests that ___________ is the owner of record of the improvements listed above and hereby transfers said ownership to the City of Deerfield Beach as of this date, in accordance with the requirements set forth in this agreement and the conceptual agreement which was approved by motion of the City Commission of Deerfield Beach.

(3)

In addition to the requirements above, the city shall require that all engineering and utility improvements which are to be transferred to the City of Deerfield Beach also be transferred by a bill of sale absolute in a form approved by the city attorney.

Owner-developers proposing to construct public improvements in the City of Deerfield Beach shall be required to post a security bond or its equivalent, as shall be determined by the city attorney, in the amount equal to 120 percent of the full amount of the construction of the proposed improvements. The amount of the proposed improvements costs shall be based on a cost estimate approved by the director of engineering and utilities. The owner-developer may provide, in a form acceptable to the city attorney, a cash bond, an irrevocable letter of credit drawn on a Florida Bank acceptable to the city attorney or a surety bond acceptable to the city attorney executed by a corporate surety company authorized to do business in the State of Florida, holding a certificate of authority from the Secretary of the Treasury of the United States as acceptable sureties on federal bonds and executed and issued by a resident agent licensed and having an office in the State of Florida, representing such corporate surety. Said surety bond or its equivalent shall be in effect prior to the issuance of any engineering department work permits and shall remain in effect until the provisions of the agreement to transfer ownership of improvements have been fulfilled. The security given in this section may be substituted for that permitted herein.

Ownership. All gravity sanitary sewer systems having sewer mains eight inches in diameter or larger and all pumping stations and all sanitary sewer force mains four inches in diameter and larger within the city's authorized utilities service area shall be owned and operated by the City of Deerfield Beach from this date forward except for those private sewer systems that exist as of this date. The city shall require the installation of sanitary sewerage facilities in all new subdivisions and developments unless specifically exempted therefrom by the city and such facilities shall be designed to comply with the city's overall sewerage system.

Unless the context specifically indicates otherwise, the meanings of terms used in sections 98-30 through 98-32 shall be as follows:

Biochemical oxygen demand (BOD) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade, expressed in milligrams or liter.

Building drain shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge for soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.

Building sewer shall mean the extension from the building drain to the public sewer or other place of disposal, also called house connection.

Building official shall mean the official authorized by the South Florida Building Code to enforce that Code.

Combined sewer shall mean a sewer intended to receive both wastewater and storm or surface water.

Director shall mean the director of the department of engineering and Utilities for the City of Deerfield Beach.

Easement shall mean a right-of-way granted for the limited use of private property for a public or quasi-public purpose.

Floatable oil is oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.

Garbage shall mean the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.

Industrial wastes shall mean the wastewater from industrial processes, trade, or business as distinct from domestic or sanitary wastes.

Natural outlet shall mean any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or groundwater.

May is permissive (see "shall").

Person shall mean any individual, firm, company, association, society, corporation or group.

pH shall mean the logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a pH of seven and a hydrogen ion concentration of ten.

Properly shredded garbage shall mean the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.

Public sewer shall mean a sewer controlled by a governmental agency or public utility.

Sanitary sewer shall mean a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of ground, storm and surface waters that are not admitted intentionally.

Sewage is the spent water of a community. The preferred term is "wastewater".

Sewer shall mean a pipe or conduit that carries wastewater.

Shall is mandatory (see "may").

Sludge shall mean any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during maximum efficiency operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.

Storm drain (sometimes termed "storm sewer") shall mean a drain or sewer for conveying water, ground water, subsurface water, or unpolluted water from any source.

Suspended solids shall mean total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in "standard methods for the examination of water and wastewater" and referred to as nonfilterable residue.

Unpolluted water is water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.

Wastewater shall mean the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any groundwater surface water and stormwater that may be present unintentionally.

Wastewater facilities shall mean the structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.

Wastewater treatment works shall mean an arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant."

Watercourse shall mean a natural or artificial channel for the passage of water either continuously or intermittently.

(a)

It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the city or in any area under the jurisdiction of said city any human or animal excrement, garbage or objectionable waste.

(b)

It shall be unlawful to discharge to any natural outlet within the city of in any area under the jurisdiction of said city any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.

(c)

Except as provided herein, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.

(d)

The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, is hereby required at the owner(s)' expense to install suitable toilet facilities therein, and to connect such facilities directly to the proper public sewer in accordance with the provisions of this article, within 180 days after date of official notice to do so, provided that said public sewer is within 100 feet (30.5 meters) of the property line.

(a)

No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the director.

(b)

Whenever the existing systems are checked for infiltration and inflow and improper or illegal connections are found, such conditions shall be corrected at the owner's expense to the satisfaction of the city.

(c)

Prior to the issuance of any type of permit to connect into any public sewer the owner(s) shall be assessed the cost of the sanitary sewer serving his property in accordance with F.S. Ch. 170; and the owner shall have paid the full amount of the sanitary sewer connection fees in accordance with the appropriate sections of the city code.

(d)

All services.

(1)

For residential and commercial service; and

(2)

For service to establishments producing industrial wastes.

In either case, the owner(s) or his agent shall make application on a form furnished by the city. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the building official. A permit and inspection fee shall be paid to the city at the time the permit is issued, as required by the appropriate city ordinance.

(e)

All costs and expenses, incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

(f)

A separate and independent connection to the sewer shall be provided for every building except where one building stands at the rear of another or an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the front building may be extended to the rear building and the whole considered as one building sewer, but the city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.

(g)

Existing building sewers may be used in connection with new buildings only when they are found, on examination and test by the building official, to meet all requirements of this article.

(h)

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the South Florida Building Code or other applicable rules and regulations of the city.

(i)

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewerage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

(j)

No person(s) shall make connection of roof downspouts, foundations drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a sanitary sewer, unless proper provisions have been made to remove such pollutants to an acceptable level, as approved by the director.

(k)

The connection of the building sewer into the public sewer shall conform to the requirements of the South Florida Building Code or other applicable rules and regulations of the city. All such connections shall be made gas tight and water tight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the building official and the director before installation.

(l)

The applicant for the building sewer permit shall notify the building official when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the director and/or the building official or his representative.

(m)

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.

(a)

No person(s) shall discharge or cause to be discharged any unpolluted waters such as storm water, ground water, roof runoff, subsurface drainage, or cooling water to any sanitary sewer.

(b)

Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the director and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the director, to a storm sewer, or natural outlet. (Reference Florida Administrative Code 10D-9.34 as amended).

(c)

No person(s) shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

(1)

Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid, or gas.

(2)

Any waters or wastes having a pH lower than 5.0 or higher than 9.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of wastewater works.

(3)

Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities such as, but not limited to, ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

(4)

Wastewater having a temperature higher than 150 degrees Fahrenheit, (65 degrees Celsius).

(5)

Any water or wastes containing fat, oil, grease or any oily substance, singly or in combination, exceeding on analysis an average of 100 parts per million.

(6)

Wastewater from industrial plants or restaurants or food processing plants, containing floatable oils, fat or grease.

(7)

Any garbage that has not been properly shredded. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.

(8)

Any water or wastes containing more than 2,000 parts per million by weight (2,000 mg per liter) of dissolved solids or more than 600 parts per million (600 mg per liter) of chlorides or a hydrogen sulphide content of more than five parts per million (five mg per liter).

(9)

Any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant. For the substances listed below, the maximum limits shall not be exceeded.

The above maximum allowable values may, from time to time, be revised by federal, state or local regulatory agencies, in which case customer agrees not to exceed such revised maximum limits. Water or waste discharged by city which, after treatment shall not exceed federal, state or local quality requirements, unless such discharge is allowed by duly issued operating permit. This provision assumes that the permitted treatment plant will be operating within its approved design capability.

(10)

Any waters or wastes containing odor-producing substances exceeding limits which may be established by the director.

(11)

Quantities of flow, concentrations, or both which constitute a "sludge" as defined herein.

(12)

Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degrees that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(13)

Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, from suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.

(d)

If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in paragraph c. of this section, and which in the judgment of the director, may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the director may:

(1)

Reject the wastes;

(2)

Require the installation of a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such structure shall be accessibly and safely located and shall be constructed in accordance with plans approved by the director;

(3)

Require pretreatment to an acceptable condition for discharge to the public sewers;

(4)

Require control over the quantities and rates of discharges; and/or

(5)

Require payment to cover added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of paragraph i. of this section;

(6)

Require the party or parties responsible for such wastes to submit, at their own expense, any reports which he deems necessary from independent testing laboratories showing complete analysis of the wastes being discharged in the public sewers. Such reports shall be submitted on the dates specified by the director as may be necessary to comply with county, state and federal requirements.

(7)

When considering the above alternatives, the director shall give consideration to the economic impact of each alternative on the discharger. If the director permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the director.

(e)

Grease, oil, sand, and other interceptors shall be provided when, in the opinion of the director, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in paragraph (c)(6) or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the building official and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates, and means of disposal which are subject to review by the director. Any removal and hauling of the collected materials not performed by owner(s)' personnel must be performed by currently licensed waste disposal firms.

(f)

Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his expense.

(g)

The director may require a user of sewer services to provide information needed to determine compliance with this article.

(1)

Wastewaters discharged peak rate and volume over a specified time period.

(2)

Chemical analysis of wastewaters.

(3)

Information on raw materials, processes and products affecting wastewater volume and quality.

(4)

Quantity and disposition of specified liquid, sludge, oil, solvent or other materials important to sewer use control.

(5)

A plot plan of sewers of the user's property showing sewer and pretreatment facility location.

(6)

Details of wastewater pretreatment facilities.

(7)

Details of systems to prevent and control the losses of materials through spills to the municipal sewer.

(h)

All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association. Sampling methods, location, times, duration, and frequencies are to be determined on an individual basis subject to approval by the director.

(i)

No statement contained in this section shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment.

CITY OF DEERFIELD BEACH
LEVEL OF SERVICE TABLE

*To the extent permitted by F.S. 163.3180(6), a development permit application which does not affect more than .1 percent of the maximum volume at the adopted level of service standard of the affected transportation facility as determined herein and that is caused by an increase in density or intensity that is less than or equal to twice the density or intensity of the existing land use, or in the case of vacant land, is a density of less than one dwelling unit per quarter acre or a floor area ratio of .1 for nonresidential uses shall be considered to have a de minimis impact and shall not be considered to exceed the LOS standard for the impacted transportation facility.

(a)

Vested rights determination. Any owner of property or authorized agent thereof may petition the city for a determination as to any vested development rights to any parcel of property located within the City of Deerfield Beach.

The vested rights claim must be based upon some official action of the City of Deerfield Beach. For the purpose of this section the official action must be any of the following:

A.

The application of an adopted ordinance which substantially affects the permitted uses within a zoning district or substantially changes the land development regulations in a zoning district to an existing and valid development permit where said ordinance will substantially affect the ability of the holder of the permit or property owner to development the property in conformance with the permit.

B.

The adoption of an ordinance or other official measure directly affecting and applicable to property which the owner of property claims to violate a development right which would be considered vested under Florida law.

The application shall, at a minimum, contain the name and address of the applicant and owner of the property, the location of the property which is the subject to the vested rights determination, a legal description of said property, the specific nature and extent of the vested rights claimed, reference to any statute, regulation or ordinance provisions bearing on the claim, and the specific legal and factual basis for the claim of vested rights including a description of any actions or omissions by the state, county, city or owner (or its agents) which are claimed to have vested rights. The applicant shall also specify any city actions or proposed actions which are claimed to jeopardize the vested rights.

(b)

Procedure. Any owner (or his authorized agent who may be a contract purchaser) who wishes a vested rights determination shall apply for same on a form to be provided by the planning department as specified above. Upon receipt of the application:

(1)

The director of planning shall make a determination as to whether the request for vested rights contains the materials listed in paragraph (a) above and satisfies the requirements of subsection (a) above have been satisfied for consideration of a vested rights determination request. The city attorney shall advise the director of planning in this determination. If the director of planning determines that the request does not contain the required materials or does not satisfy the requirements of subsection (a) for consideration, he/she shall provide a written notice of said fact to the applicant which states the basis for his/her determination.

(2)

A valid request for vested rights determination must be made within 90 days of the act which is claimed to violate the vested rights claimed. Where an application for development order or permit on the property is pending, the vested rights hearing shall be held prior to final action on the development order or permit application, action upon which shall be stayed until a final determination on vested rights is made. The same application, once ruled upon by virtue of the procedure set forth herein shall not be heard unless the director finds a substantial change in circumstances.

(3)

Upon a determination by the director of planning (director) that the application satisfies the requirements for this section, the director shall set the request for a vested rights determination for hearing before a hearing officer within 45 days of said request. The director shall have the authority to request any and all documents which the applicant for vested rights determination believes supports the claim to vested rights and all such information shall be provided to the director of planning within ten days of said request unless the time is specifically extended by the director of planning for good cause shown.

(4)

The city shall make available for inspection and copying all records which it has in its custody which relate to the proposed vested rights determination.

(5)

Notice of the time, date and location of the hearing shall be mailed to the applicant at least seven business days prior to the hearing.

(6)

The city shall, at least five business days prior to the holding of the vested rights hearing, advertise notice of said hearing in a newspaper of general circulation within the county; said advertisement shall include the location of the property which is to be the subject of the vested rights determination and the vested rights being claimed.

(7)

The hearing officer shall consider the claim for vested rights at a hearing scheduled for same; said hearing shall be a quasi-judicial hearing. All witnesses shall be sworn. The applicant shall have the burden of proving the existence of said vested rights and shall proceed with its presentation. The city shall have the opportunity to respond to said presentation. All witnesses produced by either side may be cross-examined. The applicant shall then have the opportunity for rebuttal at the close of the city's presentation. The hearing officer may ask questions at any time of any witness and may provide for additional rebuttal by either party if in his/her determination it would serve the ends of justice. Any evidence which a reasonably prudent person would rely upon in the conduct of their ordinary affairs shall be admissible based upon a determination by the hearing officer that same is relevant and authentic. The hearing officer shall render a written decision within 45 days of the hearing.

(c)

Standards for vested rights and burden of proof. It shall be the burden of the applicant to demonstrate, based upon the evidence presented, that under Florida law, the applicant has vested development rights and the nature and extent of such vested rights.

(d)

Obligation of owner. Any owner of property who claims vested rights shall be obligated to employ the procedure set forth herein if he/she has notice of, and reason to believe that city action may directly jeopardize those rights. Upon timely application for a vested rights determination as set forth herein, any official action adopted shall not be applied to the subject property until the hearing officer has ruled on the vested rights claim; this stay of action shall also be applicable to any action on a development order, permit application, or other application relating to the use of the subject property by the owner or its agents, in order to maintain the status quo for both the City and the applicant during the vested rights determination process.

(e)

Fees. An application fee of $100.00 shall be paid at the time an application for vested rights determination is made.

(f)

Hearing officer. The city commission shall by resolution appoint a hearing officer who shall be a member of the Florida Bar for at least ten years, A hearing officer shall not reside or own property within or otherwise be employed by the city (accept that he/she may serve as a special master or hearing officer on other matters). The hearing officer shall be assigned to particular applications on a rotating basis. The director of planning shall notify each hearing officer of each such rotating assignment.

(g)

Appeal. Any determination by the hearing officer shall be appealable to the circuit court by writ of certiorari, without limiting any of the other remedies provided by law or equity.

(Ord. No. 1995/019, § 1, 4-4-95; Ord. No. 2013/009, § 1, 3-19-13)

(1)

Intent. The provisions contained herein are intended to promote the health, safety, and general welfare of the citizens by removing barriers to the installation of alternative energy systems and encourage the installation of rooftop photovoltaic solar systems pursuant to the U.S. Department of Energy Rooftop Solar Challenge Agreement Number DE-EE0005701 ("Go SOLAR- Broward Rooftop Solar Challenge") on buildings and structures within municipal limits. The provisions and exceptions contained herein are limited to web based applications for pre-approved rooftop photovoltaic solar system installations that utilize the Go SOLAR-Broward Rooftop Solar Challenge permitting process.

(2)

Definitions. For purposes of this section, the following terms shall have the meaning prescribed herein:

(a)

Roof line: The top edge of the roof which forms the top line of the building silhouette or, for flat roofs with or without a parapet, the top of the roof.

(b)

Rooftop photovoltaic solar system: A system which uses one or more photovoltaic panels installed on the surface of a roof, parallel to a sloped roof or surface- or rack-mounted on a flat roof, to convert sunlight into electricity.

(3)

Permitted accessory equipment. Rooftop photovoltaic solar systems shall be deemed permitted accessory equipment to buildings and structures in all zoning categories. Such rooftop photovoltaic solar systems that utilize the Go SOLAR-Broward Rooftop Solar Challenge permitting process shall be exempt from community appearance board review and site plan/site plan modification approval requirements. Nothing contained in this chapter, including design standards or guidelines included or referenced herein, shall be deemed to prohibit the installation of rooftop photovoltaic solar systems as accessory equipment to conforming and nonconforming buildings, including buildings containing nonconforming uses.

(4)

Height. In order to be deemed permitted accessory equipment, the height of rooftop photovoltaic solar systems shall not exceed the roof line, as defined herein. For flat roofs with or without a parapet, in order to be deemed accessory equipment, the rooftop photovoltaic solar system shall not be greater than five feet above the roof.

(5)

Permits. Prior to the issuance of a permit, the property owner(s) must acknowledge, as part of the permit application, that: (a) if the property is located in a homeowners' association, condominium association, or otherwise subject to restrictive covenants, the property may be subject to additional regulations or requirements despite the issuance of a permit by the city; and (b) the issuing of said permit for a rooftop photovoltaic solar system does not create in the property owner(s), its, his, her, or their successors and assigns in title, or create in the property itself a right to remain free of shadows and/or obstructions to solar energy caused by development adjoining on other property or the growth of any trees or vegetation on other property or the right to prohibit the development on or growth of any trees or vegetation on another property.

(6)

Tree maintenance and removal. To the extent that the city has discretion regarding the removal or relocation of trees, solar access shall be a factor taken into consideration when determining whether and where trees may be removed or relocated.

(7)

Maintenance. The rooftop photovoltaic solar system shall be properly maintained and be kept free from hazards, including but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety, or general welfare.

(Ord. No. 2012/034, § 1, 9-4-12)

(1)

Public notice required. Compliance with applicable laws. Prior to any public hearing of the city commission for a development permit as described in section 98-12 of this Code, the applicant shall provide proper notification to the public in compliance with this section and all applicable county, state and federal law. The applicant shall be responsible for compliance with this Code and all applicable county, state and federal law.

(2)

Application form. Upon a determination that the development permit shall be heard at a city commission hearing, the planning and development services department shall provide a form template to the applicant that provides for identification of the application type, application location, hearing date, hearing time, hearing location, accessibility notice, city phone number and city website address. Failure to adhere to the requirements of the approved form may result in the applicant's item not being considered by the city commission.

(3)

Location map. A location map, in a form approved by the planning and development services department, shall be prepared by the applicant and provided with all required mailed notices and, if required by applicable law, with all published notices.

(4)

Published notice. A public notice shall be placed in a newspaper of general circulation and published on at least one occasion at least seven days and no more than ten days prior to the hearing in accordance with F.S. § 166.041. Additional notices shall be published by the applicant if required by applicable law.

(5)

Mailed notice. Affidavit required. A written notice, in a form approved by the city, shall be prepared by the applicant and provided to all property owners within 500 feet of the subject property. The written notice shall be mailed and post marked in an envelope with a legible return address, not fewer than 15 days and no more than 20 days prior to the date set for public hearing. A list of all property owners within 500 feet of the subject property shall be taken from the latest ad valorem tax record of the Broward County property appraiser's office. Notice to the addresses shown on the latest ad valorem tax record of the property appraiser's office is deemed to be notice to all owners of such property. Such notice shall be in substantially the same form as the standard form for publication notice approved by the city. A signed and notarized affidavit of proof of the required mailing shall be filed with the planning and development services department on the date of the mailing. A list of all mailings returned shall be counted and given to the planning and development services department prior to the public hearing.

(6)

Posted notice at property. A posted notice, in the form approved by the city, shall be erected adjacent to each public-right-of-way of the subject property at least 15 days prior to, and no more than 20 days prior to, the date set for public hearing and shall be maintained by the applicant at the subject property until the time for removal as provided below. The posted notice, and the applicant responsible for the posted notice, shall meet all of the following requirements:

(a)

The notice placed upon the property shall be four-foot by four-foot and stand six feet tall.

(b)

The notice shall contain a solid white or yellow background and legible lettering a minimum of four inches tall, in a large black typeface, which is easily readable by the public from the perimeter of the property.

(c)

A signed and notarized affidavit of proof of the posted notice shall be filed with the planning and development services department within 24 hours of installation of the required posted notice.

(d)

If the property does not front on to a public right-of-way, the posted notice shall be placed on the subject property in such a manner as to give maximum exposure to the public.

(e)

In the event that any public hearing item is tabled or deferred, the applicant shall amend all posted notices on the subject property, at least seven days prior to the public hearing(s), to show the new date, time and location of the hearing(s). The applicant shall certify that the posted notice was amended as required and shall file a new affidavit of posting with the planning and development services department within 24 hours of the date the posted notice is amended in accordance with this subsection.

(f)

Posted notices shall be removed by the applicant within seven days after final hearing of the development permit application by the city commission.

(Ord. No. 2018/036, § 5, 11-13-18)

Planning and development services related fees. Planning and development services related fees including, but not limited to: plan review, resubmittals of development applications, rezoning, text amendment review, public notice fees, certificates of use, land use related appeals, and other miscellaneous planning related fees shall be established by the city commission by resolution.

(Ord. No. 2018/039, § 2, 12-4-18)