The procedures and requirements in this article shall apply to submitting development applications for:

(1)

Zonings or rezonings;

(2)

Text amendments to the land development regulations;

(3)

Variances;

(4)

Special exceptions;

(5)

Special permits;

(6)

Site plan reviews for a use by right or for small-scale development;

(7)

Site plan reviews for large-scale development;

(8)

Map amendments to the comprehensive plan, an element or a portion thereof;

(9)

Text amendments to the comprehensive plan, an element or a portion thereof;

(10)

Abandonments;

(11)

Voluntary annexations;

(12)

Planned unit developments;

(13)

Developments of regional impact, as defined in F.S. § 380.06;

(14)

Modifications or amendments to any of the development applications addressed in this section.

(Code 1992, § 27-111; Ord. No. 10-88, § 402.1.A, 3-1-1988; Ord. No. 6-92, § 5, 4-20-1993; Ord. No. 13-11, § 4, 4-26-2011)

(a)

The town comprehensive plan may be amended two times a year or as otherwise provided for by F.S. § 163.3187. In the event a property owner seeks to amend the comprehensive plan, as applied to the owner's property, the property owner shall submit an application within such time frames as are established by the town. The application materials submitted shall conform to the requirements of this chapter. The processing and review of applications for comprehensive plan map amendments shall be governed by this section and the provisions of F.S. § 163.3184.

(b)

All applications, other than applications to amend the town's comprehensive plan, as addressed in subsection (a) of this section, shall be submitted within the time frames established by this subsection.

(1)

The deadline for submitting a completed development application for review and consideration by the planning and zoning commission is the second Monday of each month, at 4:00 p.m. If this deadline is on an official town holiday, the deadline shall be 4:00 p.m. on the following weekday. A completed development application shall include all the information and analysis required in section 27-266.

(2)

Town staff shall have 18 calendar days to determine if an application contains sufficient information for formal review. This sufficiency determination shall, at a minimum, consist of a review of the application for its consistency with the town's comprehensive plan and its compliance with applicable land development regulations.

(3)

If an application is determined to be insufficient, town staff shall advise the applicant in writing of the information or analysis needed to make the application sufficient. In order for town staff to consider placing an application on an agenda for a meeting of the planning and zoning commission or the zoning board of adjustment, the required additional information or analysis must be submitted within 17 calendar days from the town's transmittal of the written notification. If the required additional information or analysis is received within this time frame, the placement of the application on an agenda shall occur only after the expiration of this 17-day period, regardless of when the information is received. Failure to submit the required additional information or analysis within 60 calendar days of the town's transmittal of a written request for the material shall render the application null and void, unless the application is postponed in accordance with subsection (c) of this section.

(4)

Once an application has been determined to contain sufficient information, it may be placed upon an agenda for consideration, as provided for herein. Applications requiring review by the planning and zoning commission shall be forwarded to the town council for its consideration, after review and recommendation by that body.

(c)

An application may be postponed indefinitely by the town staff, the applicant or the applicant's authorized agent. A request for postponement by the applicant or authorized agent must be submitted in writing to the department of planning and zoning. However, an application determined by the town staff to be insufficient shall be postponed only if a written request for such action is received before the 60-day deadline required by subsection (b)(3) of this section. Any postponement beyond 60 days shall be considered indefinite. An applicant who indefinitely postpones an application may be subjected to new or amended development regulations which are enacted by the town council during the period of postponement.

(d)

Development applications for uses not requiring town council approval shall not have a specific deadline date.

(Code 1992, § 27-112; Ord. No. 10-88, § 402.1.B, 3-1-1988; Ord. No. 6-92, § 5, 4-20-1993)

Each applicant shall meet with the town staff to discuss the general issues pertaining to a proposed development application and to discuss the application materials which may generally be required. The preapplication conference shall be conducted at such times as are mutually convenient to the applicant and town staff.

(Code 1992, § 27-113; Ord. No. 6-92, § 5, 4-20-1993)

_____

(a)

The following fees shall be collected when applications for development review are submitted:

NOTES:

(1)

Additional costs may be incurred by an applicant, including, but not limited to, the following:

a.

Professional fees paid by the town to review or prepare such professional documents as a property appraisal, traffic impact and parking analyses, vegetation and environmental assessments, archaeological or historic assessments, market studies, engineering studies or reports, legal documents and costs, site or architectural plans, noise study, lighting plans, or other documents required to review a development application. In these cases, the applicant may be required to provide a deposit that will be placed in an escrow account with the town. Upon completion of the review of the development applications, the applicant will be either refunded any unused amount of the escrow account fee or charged for any additional costs incurred by the town in excess of the deposit. If costs exceed the deposit, application review, permitting, platting, scheduling of a public hearing, inspections or issuing of a certificate of occupancy or completion may be suspended until such time as the outstanding costs are paid.

b.

Costs associated with advertising for public hearings and other public notice requirements are the responsibility of the applicant. As part of the sufficiency determination, staff will determine the cost and notify the applicant. The fee shall be paid prior to such application being scheduled for a public hearing requiring notice.

(2)

The application fee may be waived by the town manager, provided the application is considered in conjunction with the submission of a voluntary annexation application.

(3)

$75.00 administrative fee to be charged in addition to the recordation fee.

(4)

$25.00 per hour or portion thereof in excess of 20 minutes.

(5)

Fees may be waived by the town manager for historic preservation to encourage the preservation of historic structures and areas; and for voluntary annexations of developed areas.

(6)

An escrow fee is required with the submittal of this application to cover variable costs associated with note (1) of this table. In these cases, the applicant shall be required to provide a deposit that will be placed in an escrow account with the town. Upon completion of the review of the development application, the applicant will be either refunded any unused amount of the escrow account fee or charged for any additional costs incurred by the town in excess of the deposit. If costs exceed the deposit, application review, permitting, platting, scheduling of a public hearing, inspections or issuing of a certificate of occupancy or completion may be suspended until such time as the outstanding costs are paid.

(7)

The fee for acceptance of performance bonds/monies is nonrefundable.

(b)

In addition, applicants for any application for development review listed in the above table shall place funds as determined by the town into an escrow account to reimburse the town for such legal fees the town incurs in reviewing and processing applications for development review. Failure by an applicant to deposit monies into the escrow account when requested shall result in the cessation of the review of the application or any associated development permit.

(c)

Failure by an applicant to pay additional costs incurred by the town for any application for development review, as required by this section, within 30 days of being notified by the town, shall result in cessation of the review of the application or any associated development permit. The town may serve a notice of violation and subsequently a notice of hearing before the town's special magistrate to collect said costs incurred.

(Code 1992, § 27-114; Ord. No. 6-92, § 5, 4-20-1993; Ord. No. 72-93, § 2, 1-4-1994; Ord. No. 69-94, § 1, 1-17-1994; Ord. No. 72-98, § 1, 12-1-1998; Ord. No. 43-04, § 2, 7-20-2004; Ord. No. 43-07, § 2, 12-18-2007; Ord. No. 22-09, § 2, 11-3-2009; Ord. No. 09-10, § 2, 3-2-2010; Ord. No. 13-11, § 5, 4-26-2011)

(a)

All properties included in a single development application must be contiguous and immediately adjacent to one another, or be the subject of separate applications and filing fees.

(b)

All development applications shall be submitted on official forms provided by the town. The application forms are available from, and shall be filed with, the department of planning and zoning.

(Code 1992, § 27-131; Ord. No. 10-88, §§ 402.2.A—402.2.C, 3-1-1988; Ord. No. 6-92, § 5, 4-20-1993; Ord. No. 26-08, § 4, 9-9-2008)

Development applications, unless otherwise provided by this chapter, shall be initially reviewed by the planning and zoning commission or by the zoning board of adjustment at a public meeting. The planning and zoning commission shall make an advisory recommendation to the town council on the application. The town council shall review all applications over which it has final jurisdiction and decision-making authority in accordance with the provisions of section 27-95.

(1)

Applications requiring review at a public hearing before the planning and zoning commission and the town council include:

a.

Text amendments to land development regulations;

b.

Zonings or rezonings;

c.

Special exceptions;

d.

Site plan reviews for large-scale development, including site plans for new businesses with outdoor venues, as defined per chapter 13, master plans for Large-Scale Planned Unit Development Districts (PUD) and certain Small-Scale Planned Unit Development Districts (SSPUD) as provided for in division 2 of article VIII of this chapter;

e.

Amendments to the comprehensive plan, an element or a portion thereof;

f.

Abandonments of public property, including town-owned roadways and rights-of-way; and

g.

Modifications to any approved development order, except as provided in subsection (4)c of this section.

(2)

Applications for variances shall be reviewed and final action taken thereon by the zoning board of adjustment at a public hearing.

(3)

Applications for special permits as required by article IV of this chapter shall be reviewed by the planning and zoning commission and/or the town council, as applicable, at a public meeting.

(4)

Applications requiring administrative review only include:

a.

The review of proposed site plans for uses by right, small-scale developments, infill, and administrative Small-Scale Planned Unit Development Districts (SSPUD) as provided for in division 2 of article VIII of this chapter, except for:

1.

Properties that have frontage on arterial roadways over one acre and up to two acres (i.e., U.S. Highway One, Alternate A1A, County Road A1A, Military Trail, Central Boulevard, Indian Creek Parkway, Center Street, and Indiantown Road), and

2.

Properties located within the U.S. Highway One/Intracoastal Waterway Corridor, as depicted on the future land use map, which shall be reviewed by the town council as large-scale developments.

b.

All site plan applications for uses by right, small-scale development, infill, and administrative Small-Scale Planned Unit Development Districts (SSPUD) which conform to sections 27-175, 27-450 and the applicable provisions of the underlying zoning district, shall be reviewed and may be approved administratively by the town staff, provided no other sections of this chapter require additional review and approval.

c.

Minor amendments to approved site plans and special exceptions. Minor amendments to a site plan or special exception that was previously approved by the town council may be approved by the director of the department of planning and zoning in consultation with other town staff, as appropriate. The following types of amendments are not considered to be minor, and therefore are subject to review by the town's planning and zoning commission and the town council:

1.

Any proposed increases in:

(i)

The square footage to any building by more than 20 percent, excluding accessory structures, and maintenance/storage buildings that are 2,000 square feet or less. If the addition is on a lot with a nonconforming lot size, then the maximum increase of additional square footage to any building shall not exceed 30 percent;

(ii)

The number of structures, excluding accessory structures of 2,000 square feet or less;

(iii)

The number of residential dwelling units in a residential or mixed use zoning district, except an auxiliary dwelling unit, or more than one accessory residential unit in a nonresidential district;

(iv)

The building height of any building as specified by the adopted site plan that results in increasing the number of stories, except if in conjunction with adding one accessory residential unit in a nonresidential district above the ground floor;

(v)

An existing building or buildings proposed to be removed and replaced with a new building or buildings of more than 15,000 square feet, regardless of the size of parcel; or

(vi)

New businesses requesting approval for an outdoor venue.

However, any proposed reductions in the total square footage of any building, or in the number of structures, stories, or units, as specified by the site plan, may be approved as minor amendments, subject to the provisions of this subsection.

2.

Significant changes to the approved site plan and/or special exception that create cumulative impacts, including, but not limited to, increases in traffic, parking, additions of square footage, changes in uses, recreation facilities and amenities, green space, and/or other similar modifications which have the potential for a negative, adverse, or undesirable impact as determined by town staff.

3.

Any increase in the project's traffic that is in excess of the higher of the following criteria:

(i)

100 gross daily trips; or

(ii)

One-half percent of the net two-way peak hour level of service "D" volume of the first directly accessed major thoroughfare, as defined in the transportation element of the town's comprehensive plan.

4.

Any amendments, which would significantly alter the character and/or the appearance of the development, or result in a decrease in the amount or quality of the approved amenities. Such amenities shall include, but not be limited to, pools, clubhouses, common parking areas for large vehicles and boats, exercise trails, public access to waters or beaches, marinas, boat docks, tennis courts and racquetball courts.

5.

Significant changes in architectural styles, colors or building materials that are inconsistent with the approved site plans.

6.

Changes to such items as a phasing plan or developer control that substantially impact the development.

7.

For those resolutions and/or ordinances approved prior to August 19, 2008, any amendment that would modify any aspect or portion of the adopted site plan and/or special exception for which a specific condition was added at a public hearing by the town council. For resolutions and/or ordinances approved after September 9, 2008, any amendments that modify a specific portion of an adopted site plan for a condition of approval that states it can only be amended by the town council.

d.

Exempt redevelopment as described in section 27-1829.

(Code 1992, § 27-132; Ord. No. 10-88, § 402.2.D, 3-1-1988; Ord. No. 6-92, § 5, 4-20-1993; Ord. No. 16-98, § 2, 5-19-1998; Ord. No. 26-08, § 4, 9-9-2008; Ord. No. 38-10, § 2, 12-21-2010)

(a)

The planning and zoning commission shall review each development application, except variance applications, and make its recommendation to the town council. Variance applications shall be reviewed for final action by the zoning board of adjustment.

(b)

All information, documents, maps, exhibits and other information reviewed by the planning and zoning commission, together with its recommendations, if any, shall be transmitted to the town council for review. Additional information, documents, maps or exhibits not submitted to and reviewed by the planning and zoning commission shall not be presented to or used for review by the town council, unless the additional information is formally received and filed by the town council.

(Code 1992, § 27-133; Ord. No. 10-88, § 402.2.E—G, 3-1-1988; Ord. No. 6-92, § 5, 4-20-1993)

Public hearings shall be required as provided by this chapter or state law.

(Code 1992, § 27-134; Ord. No. 10-88, § 402.2.H, 3-1-1988; Ord. No. 6-92, § 5, 4-20-1993)

(a)

The following notice requirements shall apply to variance applications, and all planned unit developments, site plans and special exception applications requiring public hearings. These notice requirements are supplemental to the notice requirements of F.S. § 166.041.

(1)

Publication of notice. For public hearings on variance applications to be conducted by the zoning board of adjustment, and for public hearings on planned unit developments, site plans and special exceptions to be conducted by the town council, a notice of the public hearing shall be published in a newspaper of general circulation in the town, at least seven days prior to the date of the first public hearing by the town council. The published newspaper notice shall include the name of the property owner, the name of the project and/or applicant, a general written description of the request, and the location or specific street address of the subject property. Public hearings may be continued by the majority vote of the presiding body to a date specified without publication of further notice.

(2)

Posting of public notice signage on the subject property. Public notice of requests for approval of planned unit developments, variances, site plans, and special exceptions to be considered by the town council or the zoning board of adjustment, shall be posted by the applicant, agent or property owner, in a conspicuous place clearly visible from accessible public property on or around the property which is the subject of the application. Failure to post and maintain such notice may result in a postponement of the application at the advertised public hearing. The applicant shall provide photographs of the public notice postings to the department of planning and zoning no later than ten calendar days prior to the first public hearing. The applicant shall bear any costs that may be required to re-advertise the public hearing. The requirements listed below shall be followed in the posting of all public notices:

a.

A minimum of one public notice sign shall be posted along each property frontage abutting each public right-of-way; however, the department of planning and zoning may require the posting of additional signs depending upon the size and location of the property which is the subject of the application. The required signs shall be posted by the applicant in a conspicuous manner within 25 feet of the nearest public right-of-way.

b.

The required signs shall be posted no later than 14 calendar days prior to the public hearing. The signs shall be maintained and, if necessary, shall be replaced by the applicant, and shall remain posted on the property until final action is taken on the application by the town, or until the application has been officially withdrawn. The signs shall be removed by the applicant within ten calendar days after final action is taken on the application by the town, or the application is officially withdrawn by the applicant.

c.

All required public notice signs shall be provided to the applicant or the applicant's authorized agent by the department of planning and zoning. Only signs provided by the department of planning and zoning may be utilized. The department of planning and zoning shall provide the applicant or applicant's authorized agent with directions for posting the sign. In the event the town incurs any administrative, professional, legal or other costs, expenses, or fees due to the applicant's failure to either post or maintain posted signs, the applicant shall reimburse the town for all such fees or costs within 30 calendar days from the date of the issuance of any invoice to the applicant by the town for payment of the additional costs, fees, and expenses. The failure of an applicant to reimburse the town for such costs, fees, and expenses within the 30-day period shall result in the creation of a lien in favor of the town against the applicant and any real and personal property owned by the applicant in the state. Interest on the unpaid amount shall accrue at the rate of nine percent per annum. The town may record a claim of lien for the unpaid amounts due, including interest, in the public records of the county and any other county in which the applicant owns real property.

(3)

Mailing of courtesy notice to adjacent property owners for variance applications. A courtesy notice containing the same information set forth in this subsection shall be mailed by the town at the applicant's expense to the owners of record abutting the property ten days prior to the first public hearing. Failure to receive such courtesy notice, however, shall not affect any action or proceedings taken hereunder, nor is it intended to supplement the required notice provisions of law for due process or any other purposes.

(b)

The town shall follow the applicable statutory notice and advertising requirements for all applications governed by state law including comprehensive plan amendments, text changes to the town's land development regulations, or changes in zoning. In addition to the statutory requirements, the following additional notice requirements shall be followed for future land use map amendments and changes in zoning applications:

(1)

Posting of public notice signage on the subject property. Public notice of all applications in this subsection shall be posted by the applicant, agent or property owner, in a conspicuous place on or around the property which is the subject of the application. Failure to post and maintain such notice may result in a postponement of the advertised public hearing. The applicant shall provide photographs of the public notice postings to the department of planning and zoning no later than ten calendar days prior to the first public hearing. The applicant shall bear any costs that may be required to re-advertise the public hearing. The requirements listed below shall be followed in the posting of all public notices:

a.

A minimum of one public notice sign shall be posted along each property frontage abutting each public right-of-way; however, the department of planning and zoning may require the posting of additional signs depending upon the size and location of the property which is the subject of the application. The required sign or signs shall be posted by the applicant in a conspicuous manner within 25 feet of the public right-of-way.

b.

The required signs shall be posted no later than 14 calendar days prior to the public hearing. The signs shall be maintained and if necessary shall be replaced by the applicant, and shall remain posted on the property until final action is taken on the application by the town, or until the application has been officially withdrawn. The signs shall be removed by the applicant within ten calendar days after final action is taken on the application by the town, or the application is officially withdrawn by the applicant.

c.

All required public notice signs shall be provided to the applicant or the applicant's authorized agent by the department of planning and zoning. Only signs provided by the department of planning and zoning may be utilized. The department of planning and zoning shall provide the applicant or applicant's authorized agent with directions for posting the signs. In the event the town incurs any administrative, professional, legal or other costs, expenses, or fees due to the applicant's failure to either post or maintain posted signs, the applicant shall reimburse the town for all such fees or costs within 30 calendar days from the date of the issuance of any invoice to the applicant by the town for payment of the additional costs, fees, and expenses. The failure of an applicant to reimburse the town for such costs, fees, and expenses within the 30-day period shall result in the creation of a lien in favor of the town against the applicant and any real and personal property owned by the applicant in the state. Interest on the unpaid amount shall accrue at the rate of nine percent per annum. The town may record a claim of lien for the unpaid amounts due, including interest, in the public records of the county and any other county in which the applicant owns real property.

d.

The director of the department of planning and zoning may determine that a town-initiated application is not required to post public notice signs, if:

1.

The proposed land use designation is substantially equivalent to the existing designation;

2.

The proposed zoning district is substantially equivalent to the existing district and use; or

3.

The change in zoning is necessary to comply with F.S. § 163.3194.

(2)

Mailing of courtesy notice to adjacent property owners. A courtesy notice containing the name of the owner of the property, the name of the project and/or applicant, a general written description of the request and the location, or specific street address, of the property, shall be mailed by the town, at the applicant's expense, to the owners of record of property within a radius of 300 feet of the property described in the application no later than ten calendar days prior to the first public hearing. In addition, for all large-scale comprehensive plan map amendment applications, a second courtesy notice containing the name of the project and/or applicant, and a general written description of the location, or specific street address of the property, shall be mailed by the town, at the applicant's expense, to the owners of record of property within a radius of 300 feet of the property described in the application no later than ten calendar days prior to the adoption public hearing meeting. Failure to receive such courtesy notice, however, shall not affect any action or proceedings taken hereunder, nor is it intended to supplement the required notice provisions of law for due process or any other purposes. The director of the department of planning and zoning may determine that a town-initiated application is not required to provide this courtesy notice if:

a.

The proposed land use designation is substantially equivalent to the existing designation;

b.

The proposed zoning district is substantially equivalent to the existing district and use; or

c.

The change in zoning is necessary to comply with F.S. § 163.3194.

(c)

Applicants shall post and maintain a public notice for applications for the administrative approval of a Small-Scale Planned Unit Development District (SSPUD) and administrative special exception expansions in a conspicuous place such that the notice is clearly visible from each public road the property fronts. The failure to post and maintain the public notice may result in a delay of the consideration of the application. Applicants shall provide photographs of the public notice postings to the department of planning and zoning no later than ten calendar days after the submission of the application. The requirements for posting of public notices are:

(1)

At least one public notice sign shall be posted along each property frontage within 25 feet of each abutting public street or right-of-way; however, the department of planning and zoning may require that additional signs be posted depending upon the size and location of the property.

(2)

Signs shall be conspicuous and shall be maintained so as to be legible until final action is taken on the application or until the application is withdrawn. The signs shall be removed by the applicant within ten calendar days after final action is taken on the application, or the application is withdrawn.

(3)

All public notice signs shall be obtained from the department of planning and zoning.

(Code 1992, § 27-135; Ord. No. 10-88, § 402.2.I, 3-1-1988; Ord. No. 6-92, § 5, 4-20-1993; Ord. No. 28-99, § 2, 8-17-1999; Ord. No. 13-04, § 2, 4-20-2004; Ord. No. 37-07, § 2, 9-4-2007; Ord. No. 26-08, § 4, 9-9-2008; Ord. No. 38-10, § 3, 12-21-2010)

Development applications may not be amended following the publication of the official notice of the date and time when such application is to be considered at a public hearing, unless it is re-advertised pursuant to the notice requirements established by this chapter and state law. If, in the opinion of the town, an application has been amended or is withdrawn, the application shall be considered a new application and shall be resubmitted and processed in accordance with the standards prescribed in sections 27-229 through 27-231.

(Code 1992, § 27-136; Ord. No. 10-88, § 402.2.J, 3-1-1988; Ord. No. 6-92, § 5, 4-20-1993)

(a)

Applicants may withdraw an application up until the town council begins deliberations.

(b)

Should an application not be withdrawn and be denied by the town council, the property owner or applicant may not submit another land development application for the same property until 24 months after the denial unless a new application meets two or more of the following requirements:

(1)

Decrease in intensity of 25 percent or more;

(2)

Decrease of density of 40 percent or more;

(3)

Reduction in traffic of 25 percent or more;

(4)

Reduction of building height by one or more stories; or,

(5)

Change in proposed use.

(Ord. No. 4-24, § 2, 3-5-2024)

Editor's note— Ord. No. 4-24, § 2, adopted March 5, 2024, repealed the former § 27-264 and enacted a new § 27-264 as set out herein. The former § 27-264 pertained to application for rehearings and derived from Code 1992, § 27-137; Ord. No. 10-88, § 402.2.K, adopted March 1, 1988; Ord. No. 6-92, § 5, adopted April 20, 1993.

(a)

Intent and purpose. The intent and purpose of this section shall include:

(1)

In conformity with, and in furtherance of, the purpose of F.S. ch. 163, pt. II, entitled the Local Government Community Planning Act (hereinafter "the Act"), this section establishes and implements time limitations upon the initiation of development to ensure that public facilities and services shall be available concurrent with the impacts of development. The provisions of this section ensure the efficient and equitable distribution of facilities and services to proposed developments, which, due to their approval, have necessarily caused the town to reserve capacity for capital facilities and to plan for the delivery of services to the proposed development within the time prescribed. In order to ensure that development has been initiated and is proceeding consistent with this section, the town shall monitor and review approved building permits and other development orders, as defined in F.S. ch. 163, to ensure consistency with the intent and purpose of this section, the goals, objectives and policies of the comprehensive plan, and compliance with the Act by:

a.

Preserving the availability of public facilities and services for other proposed developments by removing capacity reserved for developments that do not meet the requirements of this section regarding the initiation of development;

b.

Minimizing the creation of an inventory of residential, commercial and industrial development which is artificially inflated;

c.

Enhancing the value and use of land within the town by identifying and providing a system to eliminate obsolete approvals which distort the official land use inventory; and

d.

Encouraging compliance with amended performance and site design standards by requiring all approved developments which have not initiated construction or other development within 24 months, to thereafter conform with any development standards adopted or amended subsequent to the original development approvals.

(2)

To ensure compliance with the conditions of development approval and with specific time requirements for the completion of activities associated with approvals as provided within this chapter, an administrative program is hereby created to monitor the initiation and progress of development and to authorize the extension of previously-approved developments within the time frame established pursuant to this section.

(3)

To require a property owner to initiate new development, as approved by the town, within the time limits specified herein.

(b)

The development approvals listed below shall have different time limitations than those listed in subsection (c) of this section.

(1)

Variances and special exception uses, except those associated with the approval of a site plan for large-scale development, shall be valid for a time period not to exceed 24 months. Time extensions for such development approvals shall not be granted. If an approved variance and special exception use is not initiated within such time frame, the approval shall be null and void.

(2)

Special permits shall be subject to the time limitation in section 27-321.

(3)

Planned unit developments shall be subject to the time limitations in section 27-1592.

(4)

Time limitations pursuant to development orders for developments of regional impact, which have been approved after the effective date of this section, shall be governed by the development order rendered for the project as required pursuant to F.S. § 380.06(15)(c)2. and 3., otherwise the time limitation shall be 24 months.

(c)

Except for those development orders exempted in subsection (b) of this section, the following regulations shall apply to all other development orders and permits:

(1)

Time limitation of approvals. Unless otherwise provided in this section, the owner of record or authorized agent shall initiate the bona fide and continuous development of the property within 24 months from the date of development approval.

(2)

Accountability. It shall be the responsibility of the owner of record or authorized agent to monitor and adhere to the time limitations imposed by this section. Failure of the owner of record or authorized agent to request an extension within such time frames shall render the development approval null and void. In such instances, the owner of record or authorized agent shall be deemed to have waived the owner's right to seek an extension and shall be estopped from seeking any retroactive extensions of the time limitations imposed by subsection (c)(1) of this section.

(3)

Notification. Notwithstanding that it is the owner's responsibility to monitor and adhere to the time limitations imposed by this section, the department of planning and zoning may, at its sole discretion and without further responsibility, provide the owner of record or authorized agent a written courtesy notice of the pending expiration of a development approval. This notification is not intended to supplement state law or form the basis for a property owner to allege that the owner's rights to due process have been violated, if the owner does not receive a courtesy notice.

(4)

Initiation of development. Initiation of development shall include receipt of a town engineering or building permit and scheduling of the first building inspection approval with the building division.

(5)

Items not considered initiation of development. These items may include, but are not limited to, those listed below.

a.

Dividing, subdividing or resubdividing a parcel of land.

b.

Demolition of a structure.

c.

Removal of vegetation or clearing of land whether pursuant to an appropriate permit or not.

d.

Payment of impact fees, connection fees or other fees associated with obtaining development approval shall not individually indicate the initiation of development.

e.

Dedication of property for a public purpose, including, but not limited to, rights-of-way, conservation easements, etc.

f.

Performance of work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way.

g.

Performance of work by governmental agencies or utilities and other persons engaged in the distribution or transmission of gas or water, for the purpose of inspecting, repairing, renewing or constructing on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks or the like.

h.

Performance of work for the maintenance, renewal, improvement or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure.

i.

Utilization of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling.

j.

Utilization of any land for the purpose of growing plants, crops, trees and other agricultural or forestry products, raising livestock, or for other agricultural purposes.

k.

Implementation of a change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class.

l.

Implementation of a change in the ownership or form of ownership of any parcel or structure.

m.

Creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land.

(d)

Extension of time limitation. The procedure described below shall govern the review of an application to extend the time limit for a development approval.

(1)

Following the receipt of an application to extend a development approval, town staff shall determine whether or not the application contains sufficient information to evaluate the need for an extension. The application shall be evaluated based upon the standards of subsection (e) of this section, as well as any other information it determines to be relevant.

(2)

Upon completing a review of the information submitted, the staff may schedule the application for consideration by the town council. The town council may grant time extensions, in increments of up to 12 months, to a previously-approved development order. However, in no event shall the sum total of any extensions granted exceed 24 months. The time extension shall commence upon the date of the expiration of the previously-granted development approval.

(3)

Any project which is subject to this section and has received one or more development approval extension totaling 24 months or more from the time of expiration of the originally-approved development order shall not be eligible to apply for an extension of development approval pursuant to this section.

(4)

Any project which has received one or more six-month extension shall only be eligible to apply for an extension which does not exceed 24 months, including any extensions previously granted prior to the amendment of this section. However, any project approved prior to the amendment of this section and which has not previously received an extension of development approval may be eligible for one or more development extension approvals of up to a total of 30 months, provided the initial development approval and all time extensions do not exceed a total of 48 months.

(5)

Any project which has received development approval prior to the effective date of the ordinance from which this section is derived, and which is not eligible for an extension and has not initiated development, may initiate development only upon the determination by the town council that the owner or authorized agent has relied in good faith upon the previously-rendered development order. Based upon this good-faith reliance, the owner or authorized agent has made such a substantial change in position or incurred such extensive obligations and expenses pursuing the development, it would be unjust to deny the property owner the right to continue development. The owner or authorized agent may seek a vested rights determination by filing a written petition for a vested rights determination with the department of planning and zoning, in accordance with subsection (h) of this section. The vested rights determination of the town council may be appealed by an aggrieved or adversely affected person by filing for a writ of certiorari to the circuit court within the time frames established by court rule or statute for such appeals.

(6)

At the discretion of the town, the department of planning and zoning may issue one 90-day administrative extension of a development approval expiration date, subject to the owner of record or authorized agent satisfying all criteria listed below.

a.

The submission of a complete application for a request for extension at least 60 calendar days prior to the expiration date of the development approval. An application fee shall not be required to apply for an administrative extension.

b.

The owner of record or authorized agent has submitted a building and engineering permit for the principal use or structure.

c.

The building division has substantially completed its review of the building permit and intends to issue a building permit within 60 calendar days.

d.

The department of public service has substantially completed its review of the engineering permit and intends to issue an engineering permit within 60 calendar days.

e.

Fees and submission of all receipts evidencing payment to the town for the following:

1.

Plan review;

2.

Building permit;

3.

Engineering permit;

4.

Fees associated with an executed potable water service agreement.

(e)

Information required to support an application for a development approval extension. The information listed below, at a minimum, shall serve as evidence of an applicant's good faith effort to initiate development, and shall be required with each application for a development approval extension. The existence or non-existence of such information shall be the basis of reviewing the merits of each application.

(1)

Affidavits, from architects, engineers or other professionals associated with the proposed development, regarding the expenditure of funds for the preparation of building and engineering construction plans. Each affidavit shall include written documentation such as the contract for hire, invoices paid-to-date, etc. The owner or authorized agent shall have substantially completed the engineering or building construction plans.

(2)

If the development approval requires other local government agency reviews or approvals, evidence of application for applicable agency reviews or approvals shall be submitted to the department of planning and zoning by the owner of record or authorized agent.

(3)

Receipt evidencing payment of all applicable fees to the town water and stormwater utility department, pursuant to an executed water service agreement between the developer and that department.

(4)

Receipt evidencing payment of all applicable, outstanding plan review fees.

(5)

In order to receive a time extension, the owner of record or authorized agent must provide a notarized statement with the application for a development extension approval or by certified mail, return receipt requested, indicating agreement to comply with the minimum requirements of the various Code provisions indicated below, as exist at the time of the application for the extension. These Code provisions may include, but are not limited to, the following:

a.

Landscaping regulations;

b.

Vegetation/environmental preservation regulations;

c.

Sign regulations;

d.

Off-street parking and loading regulations;

e.

Palm Beach County and town traffic performance standards;

f.

Indiantown Road Overlay Zoning District (IOZ); or

g.

Town comprehensive plan.

(6)

The owner of record or authorized agent, upon town council approval of the request for an extension of the development approval, shall submit to the department of planning and zoning within 90 calendar days of the approval of the extension, any revised documents, plans, analyses, studies, etc., as may be required to comply with the time extension approval of the town council.

(f)

Application requirements for extension. The owner of record or authorized agent shall submit to the department of planning and zoning an application for a request for extension for all time extensions of development approvals. The owner or authorized agent must submit a complete application together with the appropriate fee to the department of planning and zoning a minimum of 60 calendar days prior to the expiration date of the development approval.

(g)

Retroactive application. The provisions of this section shall apply retroactively to all previously-approved development orders issued by the town, unless the town council determines that development rights have vested in accordance with the provisions of subsection (h) of this section.

(h)

Vested rights determinations. If any property owner or developer seeks a vested rights determination pursuant to this section, the owner or developer may do so in accordance with the provisions of section 27-90. Following a vested rights determination by the town council, an aggrieved or adversely affected person may appeal the town council's determination by filing for a writ of certiorari within 30 days of the hearing or meeting wherein the town council rendered its decision, in accordance with court rule or statute for the filing of such writs.

(Code 1992, § 27-138; Ord. No. 10-88, § 402.2.L, 3-1-1988; Ord. No. 6-91, § 2, 4-2-1991; Ord. No. 6-92, § 5, 4-20-1993)

(a)

Application requirements. The requirements for the types of development application recognized by this chapter are enumerated in Table 1.

(b)

Number of copies required. The number of copies required for each specific type of application shall be as indicated on the official town application form provided by the department of planning and zoning.

(c)

Required scale and size of site plans and landscape plans. All required site plans and landscape plans shall be drawn at a scale of not less than one inch equals 20 feet and have a minimum sheet size of 24 inches by 36 inches unless otherwise approved by the department of planning and zoning. Electronic copies of plans may be required by the department of planning and zoning.

(d)

Market analysis required for certain commercial uses. In accordance with policy 1.1.6 of the future land use element of the town's comprehensive plan, a professional market analysis shall be submitted for a proposed shopping center which is:

(1)

In excess of 100,000 square feet of gross floor area;

(2)

Less than 100,000 square feet of gross floor area, when it is the opinion of town staff that the existing shopping centers of that size in the town exhibit vacancy rates in excess of 20 percent;

(3)

A Small-Scale Planned Unit Development District (SSPUD) application that is over 20,000 square feet.

Each market analysis shall demonstrate the need for the commercial development at the proposed location, the types of commercial uses that are marketable there, and the projected market area the proposed shopping center is expected to serve. If deemed necessary, additional information may be required by the town, for an individual project.

(e)

Waiver of application requirements. The director of planning and zoning may waive certain application requirements upon a determination that the town has sufficient information to evaluate the application.

(f)

Supplemental application information. The director of planning and zoning or the director's designee may request any additional factual or evidentiary information that might reasonably be required to review an application for development or use approval.

(g)

Population projection. An analysis of the projected population is required for all Large-Scale Planned Unit Development Districts (PUD) or Mixed Use Development Districts (MXD). The methodology for the population projections shall be based on the assumptions for average household size and related factors in the population report in the town's comprehensive plan.

Table 1: Town Requirements for Development-Related Applications

*Per section 27-262(a)(3), a property owner list for a variance shall include abutting properties to the subject variance, including properties across a right-of-way.

(Code 1992, § 27-139; Ord. No. 10-88, § 402.2, 3-1-1988; Ord. No. 6-92, § 5, 4-20-1993; Ord. No. 11-00, § 2, 3-21-2000; Ord. No. 38-10, § 4, 12-21-2010)

(a)

Purpose and intent. The expedited permitting program provides qualifying projects an accelerated permitting process. The expedited permitting program is available to qualifying businesses that are expanding operations, relocating, or establishing a new business within the town.

(b)

Applicability. The following criteria shall be used to determine whether a business qualifies for the expedited permitting program:

(1)

The business must fall into one of the following industry clusters:

a.

Bioscience;

b.

Medical or pharmaceutical research and development;

c.

Education related to the above industry clusters.

(2)

The business shall demonstrate the capability to create new employment positions in the town within the first two years of operation or within two years of expansion of its operation within the town.

(3)

New employment positions shall be value-added employment based on the average salary paid by the employer. Value-added employment is defined as the average salary for new employment positions created being at least ten percent higher than the current per capita income level in Palm Beach County as reported by the Bureau of Economic and Business Research, University of Florida.

(4)

The business shall submit sufficient financial information to the town manager to establish solvency and status as an ongoing business prior to acceptance into the program. Due diligence reports may include a Dun and Bradstreet report or such other reports as deemed necessary by the town.

(5)

Notwithstanding the criteria listed herein, a business shall qualify for the expedited permitting program if the project meets the criteria of subsection (b)(1) of this section and is sanctioned by the state or other governmental entity economic development organization.

(c)

Benefits. Businesses that have been accepted into the expedited permitting program shall receive the following benefits:

(1)

The town manager shall designate a town employee as the single point of contact who shall have the responsibility of assisting the applicant throughout the development application and permitting process. This individual shall be responsible for coordinating all matters relating to the review of the project by the town and shall provide a periodic status report to the business's project manager;

(2)

The planning and zoning department, building department, engineering, parks and public works department, and utilities department shall establish the necessary steps required for project approval and permitting in a preapplication meeting and subsequently prepare a timetable within three business days for the project's completion of the development application review and permitting process. The town and the applicant shall make a mutual commitment to provide the necessary development information in a timely manner in order to meet the established timetable;

(3)

The project shall receive priority at every phase of the development application review and permitting process by town staff, including face-to-face or stand-up meetings to conduct reviews with the applicant present to have an efficient interaction during the review, to get answers immediately to questions, and/or to make expectations clear on how issues will be addressed. Public hearing scheduling shall be expedited, if applicable to an application;

(4)

Comments relative to the town's development application review shall be provided to the applicant within seven business days of the submission of a sufficient development application by the applicant. The town and the applicant shall make a mutual commitment to provide development application review comments and plans or revisions thereto in a thorough and timely manner;

(5)

Should any issues arise at any point during the development application review and permitting process, a face-to-face or stand-up meeting between the town staff and applicant's representatives shall be conducted within three business days of the applicant's notification of the issues.

(Code 1992, § 27-140; Ord. No. 19-07, § 2, 5-15-2007)

Applicants for the use of a nonconforming lot of record for a single-family or duplex structure shall submit a plan showing the proposed use of the lot, if not in conformance with the requirements of article XIV of this chapter. Submission of the plan shall follow the requirements of sections 27-258 through 27-265.

(Code 1992, § 27-201; Ord. No. 10-88, § 402.2.E.1, 3-1-1988; Ord. No. 6-92, § 5, 4-20-1993)