No structure or building shall hereinafter be constructed, erected or structurally altered until a building permit has been issued by the building official. All buildings, structures and uses of land shall comply with the regulations of this chapter and with any and all applicable building and health laws and ordinances. Each application for a building permit shall be accompanied by a survey, in duplicate, drawn to scale, showing the actual dimensions of the lot or lots to be built upon, the size of the structure to be erected or structurally altered, its location on the lot or lots, and such other information as may be required to provide for the enforcement of these regulations. Each application for building permit shall also be accompanied by a fee; the amount of which shall be set by the Town Council from time to time by resolution.

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10)

No building or structure hereafter constructed, erected or structurally altered shall be issued a certificate of occupancy until the building official makes a finding that the building or structure has been constructed, erected or structurally altered in conformance with the provisions of this chapter, and of all other applicable ordinances.

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10)

(a)

Intent—planning commission as local planning agency. These zoning regulations may, from time to time, be amended, supplemented or repealed. It is the intent of the Town that the Town Planning Commission serve as an advisory body to the Town Council with respect to such amendments, in the manner herein set forth. The Town Planning Commission shall be designated as the local planning agency within the meaning of F.S. ch. 163, as amended. It is hereby determined that the responsibilities of the Land Development Regulation Commission, as set forth in F.S. § 163.3164, shall be performed by the Lantana Local Planning Agency, which is also the Town Planning Commission. Composition of the Town Planning Commission, as well as duties, functions and powers, are set forth in Article III of this chapter.

All proposed amendments shall be evaluated by staff, the Town Planning Commission sitting as the local planning agency, and the Town Council, for consistency with the comprehensive development plan of the Town and shall not be approved unless found to be consistent with the comprehensive plan. The applicant for a comprehensive plan amendment or for a rezoning must provide sufficient information to enable the Town to determine whether the proposed rezoning is consistent with the comprehensive plan.

(b)

General procedures.

(1)

Applications and notice provisions consistent with state law. All applications for amendments to the zoning code and/or to the comprehensive development plan or any portion thereof and all notice provisions shall be in accordance with the mandates set forth in F.S. ch. 163 et seq., and F.S. ch. 166 et seq., as amended from time to time.

(2)

Applications; materials to be submitted; fee. An application, on the forms provided by the Town, shall be submitted with the required fee in order to initiate an amendment to the zoning code and/or to the comprehensive development plan and shall contain, at a minimum, the following information:

a.

The name, address, and phone number of all owners, applicants and agents.

b.

A statement of the applicant's interest in the development of the property.

c.

Intended use of the site.

d.

Existing zoning district and proposed zoning district.

e.

Existing category shown on the future land use map, and proposed category.

f.

Legal description of the property which is the subject of the application.

g.

Street address or location of the subject parcel.

h.

Area of the subject parcel, to the nearest one-hundredth of an acre.

i.

A copy of the last recorded warranty deed.

j.

If the ownership is under joint or several ownership, a written consent to the application by all owners of record.

k.

If the applicant is a contract purchaser, a copy of the purchase contract and written consent of the owner or seller.

l.

If the applicant is represented by an authorized agent, a copy of the agency agreement or written consent of the applicant.

m.

If the applicant is a lessee, a copy of the lease agreement and the written consent of the owner.

n.

If the applicant is a corporation or other business entity, the name of the officer or person responsible for the application, and written proof that said person has the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that he is, in fact, an officer of the corporation.

o.

A sealed boundary survey of the subject parcel by a surveyor registered in the State of Florida, dated not more than six (6) months prior to the date of submission of the application, at a scale prescribed by the Town, and containing the following information:

1.

An accurate legal description of the subject parcel; and

2.

A computation of the total acreage of the subject parcel to the nearest one-hundredth of an acre.

p.

A copy of the Palm Beach County Property Appraiser's maps showing all of the properties referred to in paragraph (5) above and their relation to the subject parcel.

q.

A statement by the applicant justifying the requested zoning change and/or change in the comprehensive development plan, including reasons why the property is unsuitable for development under the existing zoning and/or comprehensive plan designation and more suitable for development under the proposed zoning and/or comprehensive plan designation.

r.

Traffic analysis per section 23-47(g); however, the traffic analysis will evaluate the most traffic intensive use permitted in the proposed zoning district.

(3)

Fees. Fees shall be paid at the time that the application is submitted, according to the fee schedule adopted by the Town Council by resolution.

(4)

Processing by development services director. The development services director shall receive all applications and shall review such applications in accordance with the criteria set forth below prior to hearing before the local planning agency or Town Council. A public hearing date shall be set for public hearing before the local planning agency and/or before the Town Council, whichever is applicable. Copies of such application shall be transmitted to the Town clerk for public notice and/or notification of the surrounding property owners, in accordance with the requirements set forth herein. The Town Council may specify certain periods of time during which applications may be submitted.

(5)

Report of findings and recommendations by the development services director. The development services director shall evaluate applications and make findings and recommendations thereon with respect to the following criteria:

a.

Whether the proposed rezoning and/or comprehensive plan amendment would be consistent with the applicable comprehensive plan policy. Recommendations concerning limitations or requirements which would have to be imposed on subsequent development of the property in order to comply with policies contained in the comprehensive plan may be submitted.

b.

Whether the proposed rezoning and/or comprehensive plan amendment would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare.

c.

Whether changed or changing conditions make the proposed rezoning and/or comprehensive plan amendment desirable.

d.

Whether the proposed rezoning and/or comprehensive plan amendment would be compatible with utility systems, roadways and other public facilities.

e.

Whether the proposed rezoning and/or comprehensive plan amendment would be compatible with current and future use of adjacent and nearby properties, or would affect the property values of adjacent and nearby properties.

f.

Whether the property is physically developable under existing zoning.

g.

Whether the proposed rezoning and/or comprehensive plan amendment is of a scale which is reasonably related to the needs of the neighborhood and the Town as a whole.

h.

Whether there are adequate sites elsewhere in the Town for the proposed use, in districts where such use is already allowed.

(6)

Transmittal of findings and recommendations. The development services director shall transmit the director's findings and recommendations, together with the application and materials submitted by the applicant as listed above, to the Town Planning Commission (local planning agency) for review as to consistency of the proposed zoning and/or comprehensive plan amendment with comprehensive plan policies and with respect to other town policies and Code requirements.

(7)

Public notice. Applications for rezoning and/or comprehensive land use plan amendments shall be advertised consistent with applicable requirements set forth in the Florida Statutes. Additionally, notice shall be provided ten (10) days prior to the Local Planning Agency public hearing date by publication in a newspaper of general circulation within the Town and by certified mail to all property owners within three hundred (300) feet of the property directly affected by the proposed action.

(8)

Action by local planning agency. The local planning agency shall conduct a public hearing, consistent with applicable requirements of Florida Statutes. After conducting the public hearing, the agency shall recommend to the Town Council either that the application be approved, approved subject to modification, or denied. The local planning agency shall base its recommendations upon findings which may be based on the report by the development services director, or material submitted by the applicant at the hearing, or both. If the local planning agency votes to recommend approval of the rezoning and/or comprehensive plan amendment, such finding should include a statement that the proposed rezoning and/or comprehensive plan amendment is consistent with the comprehensive plan. Where the agency recommends limitations or requirements as conditions of rezoning and/or comprehensive plan amendments, the agency should also include a finding that such limitations and requirements are necessary for consistency with a comprehensive plan.

(9)

Action by Town Council. The Town Council shall conduct a public hearing(s) consistent with applicable requirements of Florida Statutes and as set forth herein. After conducting the public hearing(s), the Town Council shall either vote to approve the application, approve the application subject to modifications, or deny the application. The Town Council shall base its action on findings which may be based on the recommendations of the local planning agency, the report of the development services director and other staff reports, or the materials submitted by the applicant, or a combination of all of the above. If the Town Council votes to approve the rezoning, such findings shall include a statement that the proposed rezoning is consistent with the comprehensive plan. The Town Council may approve any zoning district, land use category or type and intensity of use which is the same as or less intensive than that which was requested in the application, or which covers the same area or a lesser area than was requested in the application, provided that the area does not extend beyond the property described in the application. The Town Council shall adopt an ordinance to amend the official zoning map, in accordance with applicable requirements of Florida Statutes. Where an amendment to the comprehensive plan is proposed in conjunction with an amendment to the zoning regulations, the procedures set forth in F.S. § 163.3184, as amended, for review of such proposed amendments by the state shall also be utilized. Where the Town Council votes to impose limitations or requirements as conditions of rezoning, the Town Council shall also include findings that such limitations and requirements are necessary for consistency with the comprehensive plan.

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10; Ord. No. O-17-2019, § 2, 11-25-19; Ord. No. O-02-2020, § 1, 3-23-20)

In case any building or structure is erected, constructed, reconstructed, altered, repaired, or maintained, or any building, structure, land or water is used in violation of this chapter, or any ordinance or other regulation made under authority conferred hereby, the proper local authorities, in addition to all other remedies, may institute any appropriate action or proceedings in a civil action in the circuit court to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use and to restrain, correct, or abate such violation to prevent the occupancy of said building, structure, land or water, and to prevent any illegal act, conduct of business or use in and about such premises.

(a)

Concurrency required; generally. Growth and development shall be managed through the enforcement of land development regulations which coordinate the availability of necessary public facilities and services, including public school facilities, concurrent with development orders such that no development order or permits may be issued which results in a reduction of the levels of service (LOS) set forth in the Town comprehensive development plan. To ensure Town concurrency standards are met, no development order or site-specific development order shall be issued unless the necessary facilities and services are in place at the time a development order is issued; or the development order is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur. The following types of development orders shall be review for concurrency as follows:

(b)

Public school facilities concurrency review and applicable definitions. The following definitions and procedures apply regarding the public school facilities component for concurrency regarding proposed new residential development:

(1)

Definitions.

Applicant means the owner of record, the agent pursuant to an agent's agreement acceptable to the Town attorney of the mortgagor in the case of bankruptcy. For the purposes of adequate public school facilities, applicant shall mean approved agent or contract purchaser seeking a site-specific development order or any amendment thereto.

Capacity projects means, for the purposes of adequate public school facilities, new school construction, or any project that adds necessary improvements to accommodate additional permanent student stations or core facilities needed for the educational program of each type of school based on the requirements of state requirements for educational facilities.

Concurrency service area (CSA) means the specific geographic unit within a school district in which school concurrency is applied and measured.

Concurrency service area level of service standards means the maximum acceptable percentage of school utilization, as identified in the School Concurrency Agreement, determined by dividing the total number of students for all schools of each type of school in each CSA by the total number of permanent student stations for that type of school.

Consistency means, for the purposes of adequate public school facilities, the condition of not being in conflict with and in furtherance of the goals, objectives, and policies of the Comprehensive Plan and the School Concurrency Agreement.

Core Facilities means, for the purposes of adequate public school facilities, the media center, cafeteria, toilet facilities, and circulation space of an education plant.

Development Order means any order granting, denying, or granting with conditions an application for development permit as defined in F.S. § 163.3164(7).

Florida Inventory of School Houses (FISH) means the report of the capacity of existing facilities. The FISH capacity is the number of students that may be housed in a facility (school) at any given time based on using a percentage of the number of existing satisfactory student stations and a designated size for each program. In Palm Beach County, permanent capacity does not include the use of relocatables unless they meet the standards for long-term use pursuant to F.S. § 235.061.

Level of service (LOS) means an indicator of the extent or degree of service provided by, or proposed to be provided by a public facility or service based on and related to the operational characteristics of the public facility or service. For the purposes of adequate public school facilities, level of service shall mean the measure of the utilization, expressed as a percentage, which is the result of comparing the number of students enrolled in any school with the satisfactory student stations (FISH capacity) at a given location or within a designated area (i.e., a CSA); e.g., a facility with 1,000 students and a FISH capacity of 970, has a LOS of one hundred three (103) percent, also referred to as the utilization of a facility.

Municipalities means a general-purpose local government entity created by the state Legislature and governed by F.S. ch. 166, For the purposes of adequate public school facilities, municipalities means all municipalities in Palm Beach County, except those that are exempt from participating in the school concurrency program, pursuant to F.S. § 163.3180.

Proposed new residential development means any application for residential development or amendment to a previously approved residential development that increases the number of housing units. This shall include any request for any approval of the type that establishes a density of development and which approves a site-specific development order on a specific parcel of property.

Residential development means a building, or many buildings or dwelling units, or portion of a building or land used primarily for human habitation and for the purposes of adequate public school facilities, it shall mean any development that is comprised in whole, or in part, of dwelling units for permanent human habitation.

School concurrency agreement means, for purposes of adequate public school facilities, the Interlocal Agreement among the Palm Beach County Board of County Commissioners, the municipalities of Palm Beach County, and the Palm Beach County School Board which was recorded in the Official Records Book 12272, Page 973, Public Records, Palm Beach County, Florida.

School district means the School District for Palm Beach County created and existing pursuant to Section 4, Article IX of the State Constitution.

School district five-year capital facilities plan means the School District of Palm Beach County Five-Year Work Plan and Capital Budget as authorized by F.S. § 235.185.

School district six-year capital improvement plan means a table of expenditures and revenues detailing how the School District of Palm Beach County shall achieve and maintain the LOS for public school facilities.

Site-specific (site plan) development order means a development order issued by the Town of Lantana which establishes the density or maximum density, and which approves a specific plan of development on a lot or lots pursuant to an application by or on behalf of an owner or contract purchaser, including applications initiated by the Town of Lantana. It may apply to a lot or lots under single ownership or a group of lots under separate ownership. It shall apply to all parcels or lots in their entirety taken together of any subdivision. It includes site specific rezonings, special exceptions, conditional uses, special permits, master plan approvals, site plan approvals, plat approvals, building permits, and any "Development of Regional Impact" development order as defined in F.S. § 380.06, It may or may not authorize the actual commencement of development. Two (2) or more development orders which individually do not constitute a site specific development order shall be considered a site-specific development order if when taken together, they meet the definition of a site-specific development order.

Type of school means schools in the same categories of education; i.e., elementary, middle, or high school.

(2)

Public school concurrency procedures.

a.

At the time of and in conjunction with the application for an adequate public facilities review in accordance with the Town of Lantana's Zoning Code, the applicant for a proposed new residential development shall submit to the Town of Lantana a request for a school concurrency determination.

b.

The town shall review the application for completeness and require the applicant to submit the school concurrency application to the school district within ten (10) days of finding the application complete. The applicable, non-refundable application fee payable to the School District the in accordance with the fee schedule set by the School District shall accompany the application.

c.

The school concurrency application shall contain the following information: location of the development; the build-out time frame of the development; and the number, type, and size of all the residential units anticipated to be occupied each calendar year.

d.

The school district shall review the application in accordance with the provisions of Article V, Section F of the School Concurrency Agreement within fifteen (15) working days of receipt of the application.

e.

Once the school district has reviewed the application, it shall issue a Letter of Determination of Concurrency if the impacts of the proposed development's student growth do not cause the adopted LOS to be exceeded. If the development is not in compliance, the Letter of Determination of Concurrency shall detail why the development is not in compliance and shall offer the applicant the opportunity to enter into a ninety (90) day negotiation period. During the ninety (90) day negotiation period, the applicant shall meet with the School District in an effort to mitigate the impact from the development. Mitigation shall be limited to those options which the School District recognizes and assumes the responsibility to operate and which will maintain the adopted LOS standards for the first five (5) years from receipt of the School District's Letter of Determination of Concurrency; however, the Town shall have the opportunity to review the mitigation options. If the School District and the developer agree to mitigation, the Letter of Determination of Concurrency shall be issued, conditional approval upon the agreed mitigation measures, and an agreement between the School District and the Developer. If mitigation is not agreed to, the Letter of Determination of Concurrency shall be detailed why litigation proposals were rejected and detail why the proposed new residential development is not in compliance. In this case, no development order shall be issued.

f.

Letter of Determination of School Concurrency finding the development in compliance shall be valid for one (1) year from the date of issuance unless extended by the School District. Once the Town's site-specific development order is issued, the concurrency determination shall run with the development order.

(3)

Development Order Approval.

a.

No development order for a proposed new residential development shall be approved unless there is a valid Letter of Determination of Concurrency from the School District finding the development in compliance.

b.

If the Letter of Determination of Concurrency requires conditions or mitigation to be placed on the Development, the development order issued by the Town shall incorporate those conditions.

c.

If the Letter of Determination of Concurrency requires the development to be phased to mitigation, the conditions of approval of the development order shall implement the phasing requirements by specifying that building permits application will not be accepted if the conditions are not fulfilled.

d.

In no case shall a development order be issued unless provisions are made through conditions of approval or by agreement between the developer and School District to provide Performance Security when required.

(4)

Appeals. Applicants seeking relief from School District decisions shall appeal such decisions as provided for by law.

(c)

Proportionate fair-share program.

(1)

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).

(2)

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:

a.

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.

b.

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

c.

Projects exempted from this chapter by state law.

d.

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

e.

Individual single-family homes.

f.

Vested projects.

(3)

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

a.

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

b.

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

c.

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

(4)

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 jurisdictions such as FDOT, regarding mitigation to impacted facilities not under the jurisdiction of the local government receiving the application for proportionate fair-share mitigation.

(5)

Application process.

a.

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

b.

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 Council. 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.

c.

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), 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.

d.

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.

e.

When an application is deemed sufficient and complete in accordance with subparagraph 3, above, 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.

f.

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

(6)

Determining proportionate fair-share obligation.

a.

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

b.

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.

c.

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.

Mathematically stated as:

Proportionate Fair-Share = Σ [[(Development Trips;sub\sub;)/(SV Increase;sub\sub;)] x Cost;sub\sub;]

Where:

Development Trips;sub\sub; = Those peak hour 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;sub\sub; = Peak hour service volume increase provided by the eligible improvement to roadway segment "i" per subsection (c);

Cost;sub\sub; = 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.

d.

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.

e.

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.

(7)

Impact fee credit for proportionate fair-share mitigation.

a.

Proportionate fair-share contributions shall be applied as a credit against road impact fees to the extent that all or a portion of the proportionate fair-share mitigation is used to address the same capital infrastructure improvements contemplated by road impact fees which may hereafter be established by the Town.

b.

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.

(8)

Proportionate fair-share agreements

a.

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 twelve (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.

b.

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 ninety (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. and adjusted accordingly.

c.

In the event an agreement requires the applicant to pay or build one hundred (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.

d.

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.

e.

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.

f.

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.

(9)

Appropriation of fair-share revenues

a.

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 fifty (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.

b.

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).

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10; Ord. No. O-17-2019, § 3, 11-25-19)

(a)

Composition. The plan review committee ("PRC") shall consist of the following members: Development services director, public services director (or designee), police chief (or designee), a representative from Palm Beach County Fire/Rescue, consulting engineer, and any other person designated by the town manager. The chairman shall be the development services director or designee.

(b)

Duties and responsibilities. With respect to properties that are not otherwise exempt, the members of the plan review committee shall serve as a technical/advisory committee and shall, as needed, review and advise the development services director within their areas of competence regarding statutory and regulatory compliance with respect to the following matters:

(1)

Comprehensive plan amendment applications including any related rezonings;

(2)

Concurrency for all development applications;

(3)

Special event permit or temporary recreational event permit applications;

(4)

Site plan applications;

(5)

Variance applications;

(6)

Special exception applications;

(7)

Applications to modify any conditions of approval imposed by the town council with respect to any approved development application;

(8)

Landscape plan applications, alternative landscape plan applications and irrigation plans in relation thereto; and

(9)

Landscape variance applications.

(c)

Procedures for development services department director review and recommendation. Upon submittal of a development application, the application shall be reviewed by the development services department director to ensure that the application is complete (all applicable sections must be filled in and all attachments must be included). If the application is incomplete, it shall be returned to applicant; if deemed complete, it shall be reviewed by the development services director who shall issue a recommendation to the town council to approve the application as submitted, approve the application with conditions or to deny the application. In the event that the development services director deems it necessary or appropriate to seek the assistance of the plan review committee, he or she may submit a copy of the application to the plan review committee as a whole, or to such members thereof as deemed necessary, and seek their review and comment in relation thereto. The development services director may also convene a meeting of the plan review committee as a whole, or of such members thereof as deemed necessary, to review the application.

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10; Ord. No. O-13-2019, § 2, 5-13-19; Ord. No. O-17-2019, § 4, 11-25-19; Ord. No. O-07-2022, § 1, 11-14-22)

The purpose of this section is to ensure that new development in the town shall be designed and constructed in accordance with sound planning and design principles and meet the requirements of the Town Code. All site plans shall be reviewed by the development services director and, additionally, site plans for planned residential development in the R-15 zoning district, planned commercial developments in the C-1 and C-2 zoning districts, planned industrial development in the I and I/F zoning districts, planned mixed use development in the MXD zoning district, and planned mixed use industrial development in the MI zoning district and MW zoning districts require site plan shall also require approval by the Town Council. All required site plans must be approved prior to the issuance of any development order, including any building permit, for work listed in subsection (a) applicability below. Single-family and two-unit residential developments are exempt from this site plan requirement.

(a)

Applicability. A site plan is required for the following:

(1)

All new construction, except for single-family houses and duplexes;

(2)

Property where a change of use or a new use is proposed to replace any previously nonconforming use or structure which has been discontinued for a period of more than six (6) months;

(3)

Any proposed remodeling or renovation of an existing structure that is valued in excess of twenty-five (25) percent of the taxable value of the structure as established by the Palm Beach County Tax Appraiser's office each year.

(b)

Exemptions. Building permits, uses, structures, and improvements listed below shall not require submission of a site plan and may be approved by the Town Manager; or his designee.

(1)

Limited increase in gross floor area. Additions, improvements, or alterations to existing uses and structures when such changes do not result in an increase in new gross floor area of the structure in excess of five hundred (500) square feet or one-third (⅓) of the existing gross floor area of the structure, whichever is less, except as provided elsewhere in this Article.

(2)

No change in required parking. Any change of use to existing structures when such change does not alter the number of required parking spaces, pursuant to Section 23-132, Parking Regulations.

(c)

Site plan content. Applications for site plans shall include the following information, drawings, etc.:

(1)

Existing conditions.

a.

The location of existing property or right-of-way lines both for private and public property, streets, railroads, buildings, transmission lines, sewers, bridges, culverts, drain pipes, water mains, fire hydrants, and any public or private easements.

b.

Any land rendered unusable for development purposes by deed restrictions or other legally enforceable limitations.

c.

Contour lines at two (2) foot, elevation change intervals.

d.

All water courses, water bodies, floodplains, wetlands, important natural features and wildlife areas, soil types and vegetative cover.

e.

The approximate location of environmentally significant lands as established by the Town or other agency.

f.

Existing land use/zoning district of the parcel.

g.

A recent (taken not more than three (3) years before the date of application) aerial photograph encompassing the project area and identifying the project area and total land areas. The scale shall be no smaller than one (1) inch equals fifty (50) feet.

h.

A soils map of the site (existing U.S. Soil Conservation Service maps are acceptable).

i.

A map of vegetative cover including the location and identity by common name of all protected trees. Groups of protected trees may be designated as "clusters" with the estimated total number noted. This information shall be summarized in tabular form on the plan.

j.

A topographic map of the site clearly showing the location, identification, and elevation of bench marks, including at least one bench mark for each major water control structure.

k.

A detailed overall project area map showing existing hydrography and runoff patterns, and the size, location, topography, and land use of any off-site areas that drain onto, through, or from the project area.

l.

Existing surface water bodies, wetlands, streams and canals within the proposed development site, including seasonal high water-table elevations and attendant drainage areas for each.

m.

A map showing the locations of any soil borings or percolation tests as may be required by these regulations. Percolation tests representative or design conditions shall be performed if the stormwater management system will use swales, percolation (retention), or exfiltration (detention with filtration) designs.

n.

A depiction of the site, and all land within four hundred (400) feet of any property line of the site, showing the locations of environmentally significant lands as established in sections 33-303—33-313.

o.

The location of any underground or overhead utilities, culverts and drains on the property and within one hundred (100) feet of the proposed development boundary.

p.

Location, names and widths of existing and proposed streets, highways, easements, building lines, alleys, sidewalks, parks, and other public spaces and similar facts regarding adjacent property.

q.

The 100-year flood elevation, minimum required floor elevation and boundaries of the 100-year floodplain for all parts of the proposed development.

r.

Drainage basin or watershed boundaries identifying locations of the routes of off-site waters onto, through, or around the project.

(2)

Proposed development activities and design.

a.

Generally.

1.

Area and percentage of total site area to be covered by an impervious surface.

2.

Grading plans specifically including perimeter grading.

3.

Construction phase lines.

b.

Buildings and other structures.

1.

Building plan showing the location, dimensions, gross floor area, lot coverage and proposed use of buildings.

2.

Front, rear and side architectural elevations of all buildings.

3.

Building setback distances from property lines, abutting right-of-way center lines, and all adjacent buildings and structures.

4.

Minimum floor elevations of buildings within any 100-year floodplain.

5.

The location, dimensions, type, composition and intended use of all other structures.

6.

The location of all exterior lighting.

7.

The location and specifications of any proposed garbage dumpsters.

c.

Potable water and wastewater systems.

1.

Proposed location and sizing of potable water and waste water facilities, pipes, etc. to serve the proposed development, including required improvements or extensions of existing off-site facilities.

2.

The boundaries of proposed utility easements.

3.

Location of the nearest available public water supply and wastewater disposal system and the proposed tie-in points, or an explanation of alternative systems to be used.

4.

Exact locations of onsite and nearby existing and proposed fire hydrants.

d.

Parking and loading.

1.

A parking and loading plan showing the total number and dimensions of proposed parking spaces, spaces reserved for handicapped parking, loading areas, proposed ingress and egress (including proposed public street modifications and all existing or to be installed sidewalks), and projected onsite traffic flow.

2.

Cross sections and specifications of all proposed pavement.

3.

Typical and special roadway and drainage sections and summary of quantities.

4.

The engineering data, calculations and analyses shall cover important features affecting design, and important features of construction for which commonly accepted standards are not used, including but not limited to high water, subsurface soil data in mucky areas, drainage facilities of all kinds, radii at intersections when the minimum standards of the American Association of State Highway Officials (AASHO) are inadequate, and alternate pavement and subgrade types in which case similar and comparable data, calculations and analyses shall also be supplied for the specified types.

e.

Stormwater management.

1.

An erosion and sedimentation control plan that describes the type and location of control measures, the stage of development at which they will be put into place or used, and maintenance provisions.

2.

A description of the proposed stormwater management system, including:

a.

Channel, direction, flow rate, and volume of stormwater that will be conveyed from the site, with a comparison to natural or existing conditions.

b.

Detention and retention areas, including plans for the discharge of contained waters, maintenance plans, and predictions of surface water quality changes.

c.

Areas of the site to be used or reserved for percolation including an assessment of the impact on groundwater quality.

d.

Location of all water bodies to be included in the surface water management system (natural and artificial) with details of hydrography, side slopes, depths, and water-surface elevations or hydrographs.

e.

Linkages with existing or planned stormwater management systems.

f.

On- and off-site right-of-ways and easements for the system including locations and a statement of the nature of the reservation of all areas to be reserved as part of the stormwater management system.

g.

The entity or agency responsible for the operation and maintenance of the stormwater management system.

3.

The location of off-site water resource facilities such as works, surface water management systems, wells, or well fields, that will be incorporated into or used by the proposed project, showing the names and addresses of the owners of the facilities.

4.

Runoff calculations which are in accord with the methodology of the South Florida Water Management District (SFWMD).

f.

Data table. The site plan shall include a comparison table that lists the various code requirements (setbacks, parking spaces, lot coverage, etc.) along with the proposed project's data for each requirement.

(d)

Landscaping and tree removal and protection. See chapter 10.5 Landscaping for landscape plan submittal requirements.

(e)

Subdivision legal description. A metes and bounds description of lands to be subdivided, from which and without reference to the plat, the starting point and boundary can be determined.

(f)

Name of development. Every development shall be given a name by which it shall be legally known. The name shall not be the same as any other name appearing on any recorded plat except when the proposed development includes a subdivision that is subdivided as an additional unit or section by the same developer or his or her successors in title. Every subdivision name shall have legible lettering of the same size and type including the words "section", "unit", "replat", "amended", and the like. The name of the development shall be indicated on every page.

(g)

Traffic analysis. All applications for new development, with the exception of single-family, two-unit and three-unit residential developments, shall provide to the Town a traffic statement which demonstrates that the requirements of the Palm Beach County Unified Land Development Code, Article 12, Traffic Performance Standards will be met. This traffic statement will provide peak-hour trip generation information for the proposed development in order to determine if a more detailed traffic study will be required to meet the county's submittal standard.

(h)

Procedures. Upon submittal, the application shall be reviewed by the development services department to ensure that the application is complete (all applicable sections must be filled in, all attachments must be included, and the fee must be paid). If the application is incomplete, it shall be returned to the applicant; if deemed complete, it shall be by the development services director who is responsible for ensuring that the application meets all code requirements and to make recommendations as to conditions of approval, if applicable. The development services director may require an applicant provide additional information or to revise the application prior to a recommendation being submitted to the Town Council. For all site plans that do not require Town Council approval, the development services director may approve the application as submitted, approve the application with conditions or deny the application. For site plans requiring Town Council approval, the development services director shall review the same and submit the director's recommendation to the Town Council.

(i)

Site plan development order. After the development services director has acted upon a proposed site plan, a development order shall be issued and signed by the director, including, if necessary, any conditions of approval. For a site plan application that is required to be approved by the Town Council, the Mayor, (or Vice Mayor in the absence of the Mayor), shall sign the development order. A site plan development order shall become void if construction is not initiated within eighteen (18) months of the date the order is signed. Before this eighteen (18) month period has expired, the applicant may make a written request to the Town Council for an additional six (6) months' time extension. Any further extensions of time shall require a new application to be processed as a new case.

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10; Ord. No. O-06-2019, § 3, 3-11-19; Ord. No. O-17-2019, § 5, 11-25-19)

The purpose of this section is to provide a procedure for minor amendments to site plans previously approved by the Development Services Director or Town Council. Minor amendments are those that are not significant enough to warrant a full site plan review process and are listed in subsection 23-48(b). The Development Services Director shall consider a request for minor site plan amendments upon receipt of a letter explaining the details, impacts and need for the amendment and which demonstrates that the amendment satisfies the criteria set forth herein. This should be accompanied by payment of the fee established by the adopted fee schedule. The Development Services Director shall consider the requested amendment and may approve, approve with conditions, or deny.

(a)

Minor site plan amendments may be sought for the following:

(1)

Site plans previously approved by Development Services Director;

(2)

Site plans previously approved by Town Council.

(b)

Minor site plan amendments are those which meet all of the following:

(1)

Do not increase the density, intensity, or total floor area of any building by more than ten (10) percent, or increase the number of principal structures, height, stories, or units;

(2)

Do not include overall architectural character changes. They may include cosmetic alterations such as changes to the external facade of an existing or proposed building, new or renovated signage, awnings, and architectural detailing, provided that the overall architectural character is not changed;

(3)

Relocate no more than ten (10) percent of the total building footprint on a site;

(4)

Involve the demolition and replacement of a structure that was built according to a previously approved site plan and the new structure is the same total floor area or less than the original structure and meets the requirements of this subsection. If the demolished structure is not to be replaced, then this procedure is not required and only a demolition permit shall be required;

(5)

Do not increase or cause negative impacts on adjacent properties;

(6)

Do not increase traffic generated on the site;

(7)

Do not reduce the number of required parking spaces on the site.

(Ord. No. O-17-2019, § 6, 11-25-19; Ord. No. O-12-2021, § 1, 10-11-21)

Editor's note— Section 1 of Ord. No. O-12-2021, adopted Oct. 11, 2021, changed the title of § 23-48 from "Minor modification of site plan approved previously by the development services director" to read as herein set out.

(a)

Purpose and intent. The expedited permitting program provides qualifying projects an efficient and accelerated permitting process to resolve development issues in a timely manner without sacrificing any requirements established in this chapter. The expedited permitting program is available to qualifying companies that are expanding operations, relocating or establishing their business for the first time within the Town so that value-added employment may be created at a faster pace.

(b)

Applicability. The Town shall utilize the following qualification criteria when determining whether a company qualifies for the expedited permitting program:

(1)

The company must initially fall into one (1) of the following industry clusters:

a.

Medical and pharmaceutical;

b.

Aerospace and engineering;

c.

Information technology;

d.

Business and financial services;

e.

Education activities related to any qualifying industry clusters;

f.

Research and development activities related to any qualifying industry clusters; or

g.

Any other industry cluster or company headquarters receiving approval by the Town Council.

h.

Developments including buildings obtaining a Leadership in Environmental Engineering and Design ("LEED") certification shall qualify for expedited permitting. At the time of application for the expedited permitting program that applicant shall provide a letter from the U.S. Green Building Coalition ("USBC") stating that the applicant has submitted the design phase application and listing the anticipated credit achievement for the project. Such developments which qualify for LEED certification by USBC are eligible for expedited permitting regardless of whether or not they also satisfy the requirements of sub-sections (2) or (3) below.

(2)

The following additional requirements or definitions are also applicable to initially qualifying industry clusters seeking acceptance into the expedited permitting program:

a.

The company must also demonstrate the capability to create at least ten (10) new, value-added positions in the Town of Lantana within the first two (2) years of operation; or expand its operation within the Town as a result of creating at least ten (10) new positions in the two (2) years prior to the issuance of the certificate of occupancy for the new or expanded facilities; or a combination thereof.

b.

Positions created will be considered value-added employment based on the average wages and/or compensation paid by the employer. Value-added employment is defined as whenever the average compensation package of positions created is at least ten (10) percent higher than the average current per capita income level in Palm Beach County or ten (10) percent higher than the industry average as reported by the Bureau of Economic and Business Research, University of Florida.

c.

Companies must submit sufficient financial information to establish solvency and credibility prior to acceptance into the program. Due diligence reports to establish such financial credibility or solvency may include a Dun & Bradstreet report or other such reports as deemed necessary by the Town; and such reports must be reviewed by the Town Manager, development services director, and/or finance director for the Town.

(3)

Notwithstanding the criteria above, a company may still qualify for the expedited permitting program if the company is a sanctioned project by the State of Florida or other officially sanctioned economic development organization (e.g. Governor's Office of Tourism, Trade & Economic Development ("OTTED"), Enterprise Florida, or the Business Development Board of Palm Beach County).

(c)

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

(1)

The development services director shall be the single point of contact at the Town who shall be kept apprised of all developments relating to the project in order to keep the project on track and provide a periodic status report to the company's project manager; and

(2)

The development services department shall establish the necessary steps required for project approval in a pre-application meeting, and subsequently, prepare an itemized timetable for the project's completion of the development review process; and

(3)

The project shall receive priority at every phase of the review process by Town staff, including face-to-face meetings; and

(4)

The development services director shall review and provide comments relative to the project within a timeframe not to exceed seven (7) business days after submission of sufficient plans to the development services department; and

(5)

In the case that major issues arise at any point during the development review process, a face-to-face meeting of all concerned parties will be called within three (3) business days so that a resolution may be accomplished in a timely and efficient manner.

(Ord. No. O-11-2013, § 1, 8-26-13; Ord. No. O-17-2019, § 7, 11-25-19)