7.1.1.

Purpose and intent. It is the purpose and intent of this ordinance that off-street parking be provided and adequately maintained by each property owner or lessee in every zoning district for the use of occupants, employees and patrons of each building and premises constructed, altered or enlarged after the effective date of this ordinance. The provisions and standards set forth in this section are intended to promote safe and efficient storage of motor vehicles; to avoid unnecessary interference with the public use of streets; and to help relieve traffic congestion.

7.1.2.

Reserved.

7.1.3.

Requirements for uses not specifically mentioned. The requirements for off-street parking facilities not mentioned shall be the same as a similar use that is mentioned or as determined by the board.

7.1.4.

Building addition in floor area or capacity. Additional parking shall be provided and maintained in proper ratio to any increase in floor area or building use capacity.

7.1.5.

Parking space requirements. The number of required off-street parking spaces in all districts for every residential, recreational, institutional, cultural, business or public use shall be provided in accordance with the following minimum requirements:

All new and enlarged uses shall provide at least one parking space designed for the exclusive use of the handicapped or as required by the Florida Statutes, section 316.165, "Parking Spaces for Certain Disabled Persons." Parking lot design should also provide for any restrictions as provided within, sections 255.21 and 335.075.

7.1.6.

Plot plan review. Whenever more than four parking spaces are required for a given use under this section, plans and specifications for the construction or alteration of an off-street parking area shall be submitted to the town before a permit can be issued. Such plans and specifications shall have the location, basis and capacity calculation, size, site design, type of surfacing, marking, lighting, drainage, curb cuts, entrances, exits, landscaping, date, north arrow, scale, name of person responsible for preparing drawing, owner's name and telephone number and any other detailed feature essential to the complete design and construction of the parking area.

7.1.7.

Site development requirements. All off-street parking areas shall be designed, constructed, and maintained in accordance with the following standards and requirements:

(1)

Parking spaces shall be a minimum of nine feet wide by 18 feet in depth. Spaces for the handicapped shall be a minimum of 12 by 20 feet and properly marked with the handicapped symbol. Each parking space shall be marked or outlined with some type of durable material. For residential uses that must meet these requirements, tandem spaces may be permitted when assigned parking is made and spaces are clearly marked for each unit.

(2)

Parking areas shall be so designed and marked as to provide for orderly and safe movement and storage of vehicles.

(3)

Adequate ingress and egress to the parking area by means of clearly limited and defined drives shall be provided.

(a)

Except for residential uses, ingress and egress driveways shall not be less than 20 feet.

(b)

Each entrance and exit to public streets shall be at least 25 feet from residential lot lines and at least ten feet from adjacent lot lines within the same zoning district.

(4)

Each vehicular parking space within an off-street parking area shall be provided adequate access by means of maneuvering lanes. Backing directly onto a street shall be prohibited. No part of the public right-of-way shall be used for parking. The width of required maneuvering lanes may vary depending upon the proposed parking pattern, as follows:

All maneuvering lanes shall be for one-way traffic only, except 90-degree parking, which shall permit two-way traffic.

(5)

Parking areas with a capacity of four or more vehicles shall be surfaced with a smooth, durable material such as asphalt, concrete or similar substance; and shall be graded and provided with adequate facilities to dispose of all collected surface water.

(6)

Except for single-family residential lots, adequate lighting should be provided from one-half hour after sunset to one-half hour before sunrise, for uses that require the parking when their normal hours of operation are during that period. Such lighting shall not exceed an intensity of five footcandles nor less than 1.5 footcandles. All lighting shall be arranged so as to reflect light away from any residentially zoned property adjacent to the parking area.

(7)

If full wheel stops or continuous curbing is provided in areas other than along walkways, the paved area required at the end of each stall may be diminished by two feet; provided that the unpaved area is landscaped and that the maneuvering lane is outlined with paint or similar material.

(8)

Pedestrian walkways shall be provided through parking lots so as to provide for safe ingress and egress for foot traffic.

7.1.8.

Proportionate fair-share program.

(a)

Purpose and intent. The purpose of this section is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors, to be known as the Proportionate Fair-Share Program, as required by and in a manner consistent with F.S. § 163.3180(16).

(b)

Applicability. The Proportionate Fair-Share Program shall apply to all developments that fail to meet the standards of this chapter and the town's comprehensive plan on a roadway within the town that is not the responsibility of Palm Beach County, the Florida Department of Transportation (FDOT) or another agency. The Proportionate Fair-Share Program does not apply to the following:

1.

Collector and arterial roads which are not the responsibility of the town pursuant to section 1.3(4) of the Charter of Palm Beach County, Florida. However, a traffic concurrency letter from the county is required to be submitted by the applicant certifying compliance with the county-wide Traffic Performance Standards Ordinance adopted pursuant to the county Charter prior to the issuance of a development order by the town.

2.

Developments of regional impact (DRIs) using proportionate fair-share under F.S. § 163.3180(12).

3.

Projects exempted from this division.

4.

Projects that received traffic concurrency approval prior to December 1, 2006.

5.

Individual single-family homes.

6.

Vested projects.

(c)

General requirements. An applicant may choose to satisfy the LOS for capital road facilities by making a proportionate fair-share contribution, so long as each of the following requirements are met:

1.

The proposed development is consistent with the comprehensive plan and applicable land development regulations.

2.

The road improvement necessary to maintain the LOS for capital road facilities is identified in the five-year schedule of capital improvements in the CIE.

3.

Any improvement project proposed to meet the developer's fair-share obligation shall meet the town's design standards for locally maintained roadways.

(d)

Intergovernmental coordination. Pursuant to policies in the Intergovernmental Coordination Element of the comprehensive plan, the town shall coordinate with Palm Beach County and other affected jurisdiction such as FDOT, regarding mitigation to impacted facilities not under the jurisdiction of the local government receiving the application for proportionate fair-share mitigation.

(e)

Application process.

1.

In the event of a lack of capacity to maintain the LOS for capital road facilities, the applicant shall have the opportunity to satisfy LOS for capital road facilities requirements through the Proportionate Fair-Share Program subject to the requirements of subsection (c) of this section.

2.

Prior to the submittal of an application, eligible applicants shall schedule a pre-application meeting with town staff. Subsequent to the pre-application meeting, eligible applicants shall submit a completed development application and all documentation requested by the town. The applicant shall be required to pay a reasonable fee for the cost of reviewing the application, said fee to be set by resolution of the town commission. If the impacted facility is on the Strategic Intermodal System (SIS), then FDOT will be notified and invited to participate in the pre-application meeting. The town shall also have the option of notifying and inviting Palm Beach County.

3.

Town staff shall review the application and certify that the application is sufficient and complete within 14 working days. If an application is determined to be insufficient, incomplete or inconsistent with the general requirements of the Proportionate Fair-Share Program as indicated in subsection (c) of this section, then the applicant will be notified in writing of the reasons for such deficiencies. If such deficiencies are not remedied by the applicant within 30 days of receipt of the written notification, then the application will be deemed withdrawn and all fees forfeited to the town, unless the town determines that the applicant is working toward a remedy of the stated deficiencies in good faith, in which case the town may extend the deadline as deemed appropriate by the town.

4.

Pursuant to F.S. § 163.3180(16)(e), proposed proportionate fair-share mitigation for development impacts to facilities on the SIS requires the concurrency of the FDOT. The applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair-share agreement.

5.

When an application is deemed sufficient and complete in accordance with subsection 3 of this section, the applicant shall be advised in writing and a proposed proportionate fair-share obligation and binding agreement prepared by the town shall be executed by the applicant and delivered to the appropriate parties for review, including a copy to the FDOT for any proposed proportionate fair-share mitigation on a SIS facility, no later than 60 days from the date at which the applicant received the notification of a sufficient and complete application. If the agreement is not received by the town within these 60 days, then the application will be deemed withdrawn and all fees forfeited to the town, unless the town determines that the applicant is working toward a remedy of the stated deficiencies in good faith, in which case the town may extend the deadline as deemed appropriate by the town.

6.

No proportionate fair-share agreement will be effective until approved by the town through an administrative approval.

(f)

Determining proportionate fair-share obligation.

1.

Proportionate fair-share mitigation for capital road facilities LOS impacts may include, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities.

2.

A development eligible for participation under the Proportionate Fair-Share Program shall not be required to pay more than its proportionate fair-share. The fair market value of the proportionate fair-share mitigation for the impacted facilities shall not differ regardless of the method of mitigation.

3.

The methodology used to calculate a development's proportionate fair-share obligation shall be as provided for in F.S. § 163.3180(12), as follows:

The cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete build out of a stage or phase being approved, divided by the change in the peak hour maximum service volume (MSV) of roadways resulting from construction of an improvement necessary to maintain the adopted LOS, multiplied by the construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted LOS.

OR

Proportionate Fair-Share = Σ[[(Development Trips_i)/(SV Increase_i)] X Cost_i]

Where:

Development Trips_i = Those trips from the stage or phase of development under review that are assigned to roadway segment "i" and have triggered a deficiency per the town's concurrency management system;

SV Increase_i = Service volume increase provided by the eligible improvement to roadway segment "i" subsection (c) of this section;

Cost_i = Adjusted cost of the improvement to segment "i". Cost shall include all improvements and associated costs, such as design, right-of-way acquisition, planning, engineering review, inspection, administration, and physical development costs directly associated with construction at the anticipated cost, including contingencies, in the year it will be incurred.

4.

For the purposes of determining proportionate fair-share obligations, the town engineer shall determine improvement costs based upon the actual and/or anticipated cost of the improvement in the year that construction will occur.

5.

If an improvement is proposed by the applicant, then the value of the improvement shall be based on an engineer's certified cost estimate provided by the applicant and approved by the town engineer or by some other method approved by the town engineer.

(g)

Impact fee credit for proportionate fair-share mitigation.

1.

Proportionate fair-share contributions shall be applied as a credit against road fair share contributions (impact fees) as set forth in the Town Code to the extent that all or a portion of the proportionate fair-share mitigation is used to address the same capital infrastructure improvements contemplated thereby.

2.

The proportionate fair-share obligation is intended to mitigate the transportation impacts of a proposed project. As a result, any road impact fee credit based upon proportionate fair-share contributions for a proposed project cannot be transferred to any other project.

(h)

Proportionate fair-share agreements.

1.

Upon execution of a proportionate fair-share agreement ("agreement"), the applicant shall receive a certification of concurrency reservation for capital road facilities. Should the applicant fail to apply for a development permit within 12 months, then the agreement shall be considered null and void, and the applicant shall be required to reapply, unless the town and the applicant mutually agree to an extension.

2.

Payment of the proportionate fair-share contribution is due in full no later than issuance of the first building permit, and shall be non-refundable. If the payment is submitted more than 90 days from the date of execution of the agreement, then the proportionate fair-share cost shall be recalculated at the time of payment, pursuant to subsection (f) of this section and adjusted accordingly.

3.

In the event an agreement requires the applicant to pay or build 100 percent of one or more road improvements, all such improvements shall be commenced prior to issuance of a building permit and assured by a binding agreement that is accompanied by a performance security, as determined by the town, which is sufficient to ensure the completion of all required improvements.

4.

Dedication of necessary rights-of-way for facility improvements pursuant to a proportionate fair-share agreement shall be completed prior to issuance of the first building permit.

5.

Any requested change to a development subsequent to the issuance of a development order may be subject to additional proportionate fair-share contributions to the extent the change would generate additional traffic that would require additional mitigation.

6.

Applicants may submit a letter to withdraw from the proportionate fair-share agreement at any time prior to the execution of the agreement. The application fee and any associated advertising costs paid to the town will be non-refundable.

(i)

Appropriation of fair-share revenues.

1.

Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the CIE, or as otherwise established in the terms of the proportionate fair-share agreement. Proportionate fair-share revenues may be used as the 50 percent local match for funding under the FDOT TRIP, or any other matching requirement for state and federal grant programs as may be allowed by law.

2.

In the event a scheduled facility improvement is removed from the CIE, then the revenues collected for its construction may be applied toward the construction of another improvement within the town that would mitigate the impacts of development pursuant to the requirements of subsection (c) of this section.

(Ord. No. 51, § 1, 2-17-1983; Ord. No. 57, § 1, 8-1-1985; Ord. No. 90-4, § 1, 6-6-1990; Ord. No. 2005-05, §§ 1—3, 2-1-2006; Ord. No. 2006-01, § 2, 12-6-2006)