All applications governed under this Part shall be in the form of a Town application provided for and submitted by a qualified applicant. Town-initiated applications need not comply with application submittal requirements other than those requirements otherwise established by law. Each application shall be accompanied by a fee or fees as determined by the Town for each type of application pursuant to the official fee schedule.

Qualified applicants shall be limited to the following:

(A)

Vacations or abandonment of rights-of-way. Qualified applicants shall be limited to the owner or agent of the owner of the property adjacent to the right-of-way.

(B)

Administrative appeals. Qualified applicants shall be limited to any person who has been aggrieved by an order, requirement, determination or decision on the basis of an alleged error made by a Town official, employee, or designee.

(C)

Other applications. Qualified applicants shall be limited to the owner, or agent of the owner, having unified control or a recognizable interest in the property, provided all owners and all holders of equitable interest, including purchasers have authorized the application as required by law. For example, for a property owned by a trust, the trust agreement may allow two of three trustees to authorize such an application.

(D)

Publicly initiated applications. Qualified applicants shall be limited to the Town Manager or Town Council for future land use plan map amendments, comprehensive plan text amendments, rezonings, and other applications including vacations of public right-of-way.

Any applicant may schedule a preapplication conference at least one week prior to submittal of an application to the Town Planner or designee. The applicant shall provide an initial deposit to cover the cost of the conference and shall bring materials sufficient for the Town Planner or designee to evaluate the proposal or request. The purpose of the preapplication conference is to identify problems, opportunities, errors, additional approvals required, and clarifications needed and to discuss the submittal requirements and review process to ensure a complete, correct submittal and smooth application process. The preapplication conference is not mandatory and not intended to entail a complete staff review of the application and accompanying materials. Failure of staff to identify any required permits or issues at a preapplication conference shall not constitute a waiver of Code requirements or permits. Preapplication conferences shall be billed against the initial deposit provided by the applicant on a cost recovery basis and any remaining unbilled monies shall be used to reduce the required application fee(s).

The Town Planner or designee shall review the application for completeness and notify the applicant of any deficiencies. Applications in which the Town Planner or designee determines are incomplete shall not undergo further processing until all submittal requirements are satisfied. If the applicant fails to provide additional information as requested by the Town Planner or designee within ten working days of the request or, alternatively, fails to give an indication of when the information will be submitted, the application shall be deemed to be withdrawn by the applicant. If an application is withdrawn by the applicant and re-submitted, a new application fee and processing number shall be assigned.

(A)

All applications shall include the following:

(1)

Owner's and agent's name, address, telephone number, and notarized signature;

(2)

Agent's relationship to property;

(3)

Proof of ownership and any other party's interest in the property, including binding contract of sale;

(4)

Existing zoning and future land use plan map designations;

(5)

Description and justification for the request;

(6)

Legal description;

(7)

Copy of a certified and sealed survey dated within two years, to include statement of amount of acreage or square footage of land involved, whenever the request is site-specific, unless waived by the Town Planner or designee;

(8)

For all applications that are subject to review criteria by these regulations, an explanation as to how the application satisfactorily addresses each criterion;

(9)

Supplemental application information and materials as may be required for each type of development application. This information is found within each article devoted to the various development applications.

(10)

Fee deposit for cost recovery as determined by the Town Manager.

(B)

Applications for plan amendment, site plan, variance, or rezoning that could result in an increase in the density or intensity of permitted uses, specifically excluding any variance for one single family residence, shall submit to the Town a traffic study assessing the proposed development's vehicular and pedestrian access; on-site circulation; parking; any proposed roadway or easement vacations or road closures, whether permanent or temporary for construction purposes; and off-site roadway impacts, including net traffic impact and traffic impact within adjacent neighborhoods. The traffic study shall utilize the most current edition of the Institute of Transportation Engineers' Trip Generation manual and shall use generally accepted methodologies.

Inaction by an applicant exceeding 180 days during the application review process, including failure to supply additional information the Town deems necessary for continued review and failure to submit revisions in response to Town development review comments, shall be deemed a withdrawal of the application, unless the applicant files a request for extension.

The Town Manager may approve a request for extension not to exceed 90 days, only upon a determination the applicant has been making a diligent effort to proceed with the application review and approval process but has been hampered by extenuating circumstances. Applications that are deemed withdrawn shall be subject to any reapplication fee determined by the Town for such applications, and shall include resubmittal of an application and all other required application documents. An applicant's written request to proceed to the Town Council for a public hearing on the basis that the applicant believes the submittal complies with the Unified Land Development Code shall not be considered inaction.

All public notices required by this part shall be noticed according to this article.

(Ord. No. 2013-06, § 2(Att. A), 12-3-2013)

As provided in Section 115-010 (table), the "timing of notice" column refers to the number of calendar days prior to the date of the public hearing, not including the date of the hearing, that the newspaper ad must appear in the newspaper, the sign(s) must be posted, mail notices must be mailed, and posting at Town Hall shall occur, if applicable, provided that the minimum posting requirement at Town Hall shall be five business days prior to the public hearing, unless the timeframe is greater as provided by law.

(A)

Posting requirements. Where sign posting is required by Section 115-010 (table), the applicant shall be responsible for posting a sign along all public street frontages of the property that is the subject of the public hearing. The sign shall be posted between ten and 20 feet from the edge of the street so as to be visible to the public. The sign shall be at least six square feet in area and contain substantially the following language.

(B)

Affidavit of sign posting. Every applicant required to post a sign shall provide proof of sign posting no later than seven days prior to the date of the public hearing. Proof shall consist of one or more photographs of the sign placed upon the site, as necessary to demonstrate the location of the real property upon which the sign is posted, and the exact location of the sign upon the property. A notarized affidavit, signed by the applicant or sign company responsible for posting the sign, shall accompany the photograph(s). Other proof may be provided if acceptable to the Town Manager. If the applicant fails to submit the affidavit, processing of the application shall cease until such affidavit is received.

(C)

Removal of signs. All public notice sign(s) shall be removed by the applicant within three working days after the application receives final disposition.

(A)

The owners of all lands located with the Town under consideration for approval of an application, and the owners of all lands within the Town lying within the distances prescribed by Section 115-10 (table), shall be notified by the Town of the application and of the first meeting at which the application will be considered. Such notices shall be sent U.S. Mail, postage-paid, to the persons shown upon the current tax rolls of Palm Beach County to be the respective owners unless there is actual knowledge of a subsequent property owner. Mail notification of subsequent public hearings is not required.

(B)

At minimum, mail notifications shall contain the following information:

(1)

Explanation of the request;

(2)

Time, place and date of public hearing;

(3)

Phone number for information;

(4)

General location and address of the lands involved (if applicable);

(5)

That the application and supporting materials are available for inspection at Town Hall, specifying the Department and times the materials are available for review;

(6)

That persons may appear and be heard, subject to proper rules of conduct;

(7)

That written comments filed with the Town will be entered into the record;

(8)

That the hearing may be continued from time to time as necessary;

(9)

That any person who decides to appeal a decision made at the public hearing is advised they will need a record of proceedings and that accordingly, they may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based;

(10)

That persons with disabilities requiring accommodations in order to participate should contact the Town Clerk (provide phone number) at least 24 hours in advance of the public hearing to request such accommodation; and

(11)

Any other information required by law, noting that advertisements for comprehensive plan amendments and certain rezonings are specifically regulated by F.S. § 166.041, as may be amended from time to time.

(C)

In addition to subsections (A) and (B), above, quasi-judicial hearing notices shall inform all affected persons that they will be allowed to present evidence at the hearing and bring forth witnesses provided they notify and file the required forms available at the Town Clerk's Office.

(A)

All required newspaper notices shall be placed in one or more newspapers of general paid circulation in Palm Beach County, and of general interest and readership in the Town. Standard newspaper notices shall contain the same information as required in Section 115-025, "Mail notices."

(B)

Comprehensive plan (text and land use plan map) amendments, Code amendments changing the list of permitted, prohibited and conditional uses of land, and rezonings initiated by the Town, are specifically regulated by F.S. § 166.041, as may be amended from time to time. Pursuant to said F.S. ch. 166, such ads shall not be placed within the legal ads or classified section of the newspaper, shall be two columns in width by ten inches in length, shall prominently state "NOTICE OF LAND USE CHANGE" or similar in 18 point type, and shall include a location map as applicable.

These procedures shall apply to all quasi-judicial hearings held by the Town Council or by any board or committee which holds quasi-judicial hearings. The Town Clerk or its designee shall designate all quasi-judicial matters on the agenda. However, if a quasi-judicial hearing is held, it shall not be construed as an admission that the application was quasi-judicial, rather than legislative.

(A)

Applicant. The owner of record, the owner's agent, representative, or any person with a legal or equitable interest in the property which is the subject of the proceeding. Proof of applicant status must be furnished to the Town prior to the proceeding.

(B)

Board. The Town Council or any other board or committee established by the Town that hears quasi-judicial matters.

(C)

Board Member. Any individual serving on the board.

(D)

Ex-parte communication. Any oral, written, electronic or graphic communication with a board member which may directly or indirectly relate to or which could influence the disposition of the matter, other than those made on the record during a quasi-judicial hearing.

(E)

Expert. A person who is qualified in a subject matter by knowledge, skill, experience, training, and/or education.

(F)

Independent Expert. A person who is qualified in a subject matter by knowledge, skill, experience, training, and/or education who is not affiliated with the applicant or any other party, and who wishes to provide testimony in the matter and have such knowledge, skill, experience and/or education considered by the board in weighing such testimony.

(G)

Material Fact. A fact that bears a logical relationship to one or more issues raised by the application or the laws and regulations pertaining to the matter requested by the application.

(H)

Participants. Members of the general public who offer unsworn or sworn testimony at a Quasi-Judicial hearing for the purpose of being heard on the matter.

(I)

Party. The applicant or any recognized party intervenor.

(J)

Party Intervenor. An individual or group who, under the recognized legal principals of standing can demonstrate that they will suffer an adverse effect to a protected interest, such as health and safety, police and fire protection service systems, densities or intensities of development, transportation facilities, health care facilities, equipment or services, or environmental or natural resources. The alleged adverse interests may be shared in common with other members of the community at large, but must exceed in degree the general interest in community good shared by all persons. The Town Attorney shall determine if a person qualifies as a party intervenor.

(K)

Quasi-Judicial or Quasi-Judicial Matter. A proceeding that results in a decision having an impact on a limited number of persons or property owners, on identifiable parties and interests, where the decision is contingent on a fact or facts arrived at from distinct alternatives presented at a hearing, and where the decision can be viewed as the result of application of policy rather than setting of policy.

(L)

Relevant Evidence. Evidence tending to prove or disprove a fact that is material to the board's determination.

(M)

Staff. Any person having a contractual relationship with the Town, except the Town Attorney.

(N)

Witness means a person who testifies under oath.

For the purposes of this article, the following matters, regardless of whether the final determination is made by the Town Council or a board, shall be considered to be quasi-judicial:

(A)

Site plans.

(B)

Plats.

(C)

Conditional use approvals.

(D)

Category A Special Exceptions, and appeals of denials of Category B and C Special Exceptions by the Town Manager.

(E)

Variances.

(F)

Administrative appeals.

(G)

Site-specific rezonings.

(H)

Any other matters the Town Attorney determines are subject to quasi-judicial hearing.

(Ord. No. 2013-06, § 2(Att. A), 12-3-2013)

Ex-parte communications shall be prohibited and may provide a basis to deny an application.

(A)

Prior to being placed on the Town's agenda, the applicant, in support of their application, shall submit to the Town a detailed outline of how they satisfy the Code's criteria and requirements, copies of all exhibits that which will be presented at the hearing, and the names and addresses of all witnesses who will be called to testify in support of the application. Resumes shall also be furnished for all witnesses the applicant intends to qualify as an expert.

(B)

At least seven days before a Quasi-Judicial hearing, staff shall prepare a report, recommendation and, if necessary, will include additional supporting materials upon which staff's recommendation is based. A copy of staff's materials shall be readily available for examination at the Town Clerk's Office. A copy of staff's resumes and expert qualifications shall remain on file with the Town.

(C)

The requirements above are necessary to ensure the board is given sufficient opportunity to review the written submissions prior to the hearing, and shall be strictly observed. Failure to comply with these requirements shall result in an item being continued until the next available agenda.

(A)

The Town Council may allow a person to intervene as a party intervenor if they meet the following requirements:

(1)

The individual or group, under the recognized legal principals of standing can demonstrate that they will suffer an adverse effect to a protected interest, such as health and safety, police and fire protection service systems, densities or intensities of development, transportation facilities, health care facilities, equipment or services, or environmental or natural resources. The alleged adverse interests may be shared in common with other members of the community at large, but must exceed in degree the general interest in community good shared by all persons.

(2)

At least five working days prior to the hearing, the individual or group shall submit a written request to the Town Manager to intervene and to be given party intervenor status. Said request shall include a detailed outline of their interest in the application and argument in favor or against the application, copies of all exhibits which will be presented at the hearing and the names of all witnesses who will be called to testify on their behalf. Resumes shall also be furnished for all witnesses who are intended to be qualified as an expert.

(3)

The party intervenor shall provide copies of all submitted materials to all parties known at the time of submission. A certificate of service stating that each party has been provided the documentation must accompany its submission.

(4)

Any applications received or requests made for party intervenor status that are not submitted at least five working days prior to hearing on the matter, may be recognized by the Town Council upon a showing of good cause. If a late appearance is permitted, the applicant shall have the right to a continuance, without additional cost. Persons who do not demonstrate good cause are not entitled to seek delay in the proceedings.

(A)

The Mayor, or designee, shall conduct the proceedings and maintain order.

(B)

The Mayor, or designee, shall call the proceeding to order and shall announce whether or not the hearing has been properly advertised in accordance with state law.

(C)

The Town Attorney, or designee, shall explain the rules concerning procedure, testimony, and evidence.

(D)

The Town Attorney, or designee, shall swear in all individuals and witnesses desiring to provide sworn testimony on the matter. The board shall not assign such unsworn or unqualified testimony the same weight or credibility in its deliberations.

(E)

The Mayor, or designee, shall request that the applicant, and, if applicable, any individual, or group that has applied for party intervenor or expert status place their name on the record. The Town Attorney shall then state for the record whether such status should be recognized by the board for the purpose of the current proceeding.

(F)

Order of proof:

(1)

The applicant has the burden of proof and shall present evidence and testimony in support of the application. Applicant shall have a maximum of 30 minutes to make a full presentation, including an opening statement and all direct presentation by witnesses, but excluding any cross-examination or questions from the board. The presentation of the case in chief for the applicant will then be considered closed, except for rebuttal as provided herein.

(2)

A representative of Town staff shall briefly describe the applicant's request, introduce and review all relevant exhibits and evidence, report staff's recommendation, and present any testimony in support of staff's recommendation. Staff shall have a maximum of 30 minutes to make their full presentation, including an opening statement and direct presentation by witnesses, but excluding any cross-examination or questions from the board. The presentation of the case in chief for the staff will then be considered closed, except for rebuttal as provided herein.

(3)

Any party intervenor shall present evidence and testimony in support of or opposed to the application. A party intervenor shall have a maximum of 30 minutes to make a full presentation, including an opening statement and all direct presentation by witnesses, but excluding any cross-examination or questions from the board. The presentation of the case in chief for the party intervenor will then be considered closed, except for rebuttal as provided herein.

(4)

Any other persons present who wish to submit relevant information to the board shall speak next for a maximum of three minutes. Presidents or representatives of Town recognized home owners or civic associations may speak for an additional two minutes if they are speaking on behalf of the association. Speakers shall not transfer their time to any other speaker. Members of the public will be permitted to present their non-expert opinions, but the board will be expressly advised that public sentiment is not relevant to the decision, which must be based only upon competent substantial evidence. Participants who are members of the general public need not be sworn and will not be subject to cross-examination if they are not sworn. However, the board shall not assign unsworn testimony the same weight or credibility as sworn testimony in its deliberations. Any and all cross-examination or questions from the board shall not be considered part of that person's time.

(5)

The party intervenor will be permitted to make final comments, if any for a maximum of five minutes. The party intervenor's final argument shall refer only to facts admitted into evidence. The board shall disregard arguments that refer to facts not in evidence.

(6)

The Town staff will be permitted to make final comments, if any for a maximum of five minutes. The Town staff's final argument shall refer only to facts admitted into evidence. The board shall disregard arguments that refer to facts not in evidence.

(7)

The applicant will be permitted to make a final argument, if any for a maximum of five minutes. The applicant's final argument shall refer only to facts admitted into evidence. The board shall disregard arguments that refer to facts not in evidence.

(G)

The Town Attorney will advise the board as to the applicable law and the factual findings that must be made to approve, approve with conditions, or deny the application.

(H)

The hearing will then be turned over to the board for open deliberation of the application. The Town Council shall have the discretion to reopen the proceeding for additional testimony or argument by the parties. All decisions by the board shall be based on the evidence presented to the board including, but not limited to, the materials in the agenda back-up, testimony of all witnesses, any documentary and demonstrative evidence and visual aids presented. Each board member shall weigh all the competent material and relevant evidence presented, giving each piece of evidence the weight the board member sees fit. After deliberations, a vote shall be taken to approve, approve with conditions, or deny the application. When approving an application, the board must ensure that there is competent substantial evidence in the record to support its decision and that the applicant has satisfied the applicable criteria in the Town's Code.

Not withstanding anything contained herein that is to the contrary, the board may place further limitations on or modifications to the time allotments, provided that the Town Attorney agrees that said limitations or modifications do not affect the party's or the public's right to due process.

The board may ask questions of persons presenting testimony and evidence at any time during the proceedings.

(A)

After each witness testifies, the Town staff, a party intervenor, and the applicant, shall be permitted to question the witness. Such cross examination shall be limited to matters about which the witness testified and shall be limited to five minutes per side. Members of the public will not be permitted to cross-examine witnesses. Cross-examination shall be permitted only as would be permitted in a Florida Court of Law.

(B)

The Mayor may direct the party conducting the cross-examination to stop a particular line of questioning that:

(1)

Merely harasses, intimidates or embarrasses the individual being cross-examined; or

(2)

Is not relevant and is beyond the scope of the facts alleged by the individual being cross-examined.

(C)

If a party conducting the cross-examination continuously violates directions from the Mayor to end a line of questioning deemed irrelevant and/or merely designed to harass, intimidate and embarrass the individual, the Town Attorney may terminate cross-examination.

(A)

The formal rules of evidence shall not apply, but fundamental due process shall be observed and govern the proceedings.

(B)

All evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, regardless of whether such evidence would be admissible in court.

(C)

Evidence or testimony which is not relevant, material or competent, or testimony which is unduly repetitious or defamatory should be excluded. The Town Council shall determine the relevancy of evidence.

(D)

Documentary evidence may be presented in the form of a copy or the original, if available. Upon request, the staff, or any party shall be given an opportunity to compare the copy with the original.

(E)

Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient by itself to support a finding unless it would be admissible over objection in a Florida Court.

Statements of counsel, or any non-attorney representative shall only be considered as argument and not testimony unless counsel or the representative is sworn in and the testimony is based on actual personal knowledge of the matters which are the subject of the statements.

(A)

The board shall consider requests for continuances made by staff, the applicant, or a party intervenor and may grant continuances in its sole discretion. Generally, as a courtesy, one continuance shall be granted if requested by staff or the applicant. If, in the opinion of the board, any testimony or documentary evidence or information presented at the hearing justifies allowing additional time to research or review in order to properly determine the issue presented, then the board may continue the matter to a time certain to allow for such research or review. A request for a continuance for the purpose of additional research and review may be granted upon a showing of good cause.

(B)

No additional notice shall be required if a hearing is continued to a fixed date, time and place.

Supplementing the record after the hearing is prohibited, unless pursuant to the following conditions:

(A)

After continuation of a hearing, but prior to the final action being taken.

(B)

If a question is raised by the board at the hearing to which an answer is not available at the hearing, the party to whom the question is directed may submit the requested information in writing to the board after the hearing, provided the hearing has been continued or another hearing has been scheduled for a future date and no final action has been taken by the board. The board will specifically identify the question to which a response is required. No additional information will be accepted.

(C)

All supplemental information shall be filed with the Town Clerk no later than three days prior to the continued or next scheduled hearing and shall be subject to the provisions of Section 120-020, "Ex-parte communications."

(A)

The Town Clerk shall preserve the official transcript of the hearing through a digital or tape recording and/or video recording.

(B)

Any person may arrange, at their sole expense for a court reporter to transcribe the hearing.

(C)

If any person, at their sole expense, decides to order a transcription of the hearing in its written form, that transcription shall become the official transcript, and shall be provided to the Town at no cost to the Town.

The Town Clerk shall maintain all of the evidence and documents presented at the hearing. Said evidence and documents may be maintained in electronic form.

Any willful false swearing on the part of any witness or person giving evidence before the board as to any material fact in the proceeding shall be deemed to be perjury and shall be punishable in the manned prescribed by law for such offense.

If a party or their representative fails to appear at the time fixed for the hearing, and such absence is not excused by the board, the board may proceed to hear the evidence and render a decision thereon in absentia.

Decisions on quasi-judicial matters shall be reduced in writing within 30 calendar days of the decision.

(A)

The Town Council recognizes that certain land development rights of property owners may be vested with respect to approved land uses, density or intensity of development and/or staging or phasing of development. Any person claiming vested rights to develop property shall make application for a vested rights determination with the Town Manager.

(A)

The Town Manager shall review the application and any supporting documents and may consult with the Town Attorney's Office. The Manager shall render a determination within 30 days of receiving all information the Manager deems necessary to make the determination.

(B)

If the Town Manager receives a notice of appeal from the applicant within 30 days of mailing the determination to the applicant by certified mail, the appeal shall be scheduled for a public hearing before the Town Council, which may uphold or reverse the Manager's determination pursuant to Article 145, "Administrative Appeals."

(C)

All vested rights determinations shall be based upon whether vested rights have been created pursuant to the provisions set forth within this article, applicable statutes, or established case law, and shall consider whether any time limitation is applicable to such vested rights.

(A)

There was a valid, unexpired act of an agency of the Town upon which the applicant reasonably relied in good faith; and

(B)

The applicant, in reliance upon the valid, unexpired act of an agency of the Town, has made a substantial change in position or has incurred extensive obligations or expenses; and

(C)

It would be inequitable, unjust, or fundamentally unfair to destroy the rights acquired by the applicant.

(D)

The following are not considered development expenditures or obligations in and of themselves, without more, unless the applicant was unable to obtain further approvals because of extraordinary delays, beyond the applicant's control:

(1)

Expenditures for legal and other professional services that are not related to the design or construction of improvements.

(2)

Taxes paid.

(3)

Expenditures for initial acquisition of land.

(E)

The casual, temporary or illegal use of land or a structure, or part thereof, shall not be sufficient to create any vested rights in the continuance of such a use.

(F)

It is recognized that there may be additional circumstances where some vested rights have arisen which are not specified above.

(A)

All applications for a development permit for development of vacant land, an increase in residential density on improved land, an increase in nonresidential building area on improved land, or any change in use, shall be subject to an adequacy determination for the amount of additional demand created by the proposed development or increase in intensity of use, unless there was a previously approved site plan, plat or building permit for which the proposed level of development was previously evaluated, and a valid (non-expired) finding of adequacy made, or the application qualifies for one of the following exceptions:

(1)

Development orders or rights determined to be vested pursuant to a judicial determination or pursuant to Article 125, "Vested Rights Determinations."

(2)

A valid and approved development order which was final as of November 14, 1989, under the provisions of F.S. ch. 380.

(3)

The proposed development is a government facility the Town Council finds is essential to the health or safety of persons residing in or using previously approved or existing development.

(B)

For purposes of adequacy determinations involving previously improved land, for the purpose of vesting the impact of "existing development," the term shall be construed to include vacant structures, and previous development demolished no earlier than 18 months previous to the date of application submittal for a plat, site plan, or building permit, as applicable.

Adequacy determination for roadways, parks, drainage, solid waste, potable water and wastewater shall be made at the earliest of plat approval or plat note amendment, site plan approval or building permit. However, solid waste, water and wastewater capacity shall not be reserved until time of building permit application, and finding of adequacy at time of plat, plat note amendment or site plan shall not be construed as a reservation of capacity.

Findings of adequacy made by the Town of Loxahatchee Groves shall expire three years after the date a development order or development permit (in the case of a plat or site plan approval) making such a finding is issued. The Town shall have no responsibility to notify an applicant of pending adequacy determination expiration.

(A)

The Town Manager shall not issue a finding of adequacy for any development unless determining that there is available capacity to serve the proposed development while maintaining the adopted level of service for all existing and approved development. Except as further qualified in subsection (B) below, the available capacity of a facility shall be determined by adding together the capacity of existing facilities and the capacity of new facilities, and subtracting from that total, the design demand of existing development and the design demand of approved but unbuilt development (see table below).

(B)

The capacity of new facilities shall be included in the determination of available capacity only if one or more of the following conditions exist:

(1)

The necessary facilities are in place at the time a development order is issued, or a plat or site plan are approved subject to the condition that the necessary facilities will be in place when the impacts of development occur.

(2)

Construction of the new facilities is under way at the time of the application.

(3)

The new facilities are the subject of a binding, executed contract for the construction of the facilities to be constructed within a period of time as stipulated in the contract, or the provision of services at the time the development permit is issued.

(4)

The new facilities have been included in the Town's, Palm Beach County's or applicable agency's annual capital improvement budget.

(5)

The new facilities are guaranteed at a specific time in an enforceable development agreement. An enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3220, as may be amended from time to time, or an agreement or development order issued pursuant to F.S. ch. 380. Such facilities must be consistent with the capital improvements element of the Town's Comprehensive Plan and approved by the Town and/or County Engineer, as applicable.

(6)

The developer has contributed funds to the Town and/or county, as necessary to provide new facilities consistent with the capital improvements element of the Town and/or county comprehensive plan. Commitment that the facilities will be built must be evidenced by an appropriate budget amendment and appropriation by the Town and/or county or other government entity.

(C)

Consistent with the Loxahatchee Groves Comprehensive Plan, Parks and recreation facilities to serve new development shall be in place or under actual construction no later than one year after issuance by the local government of a certificate of occupancy or its functional equivalent. However, the acreage for such facilities shall be dedicated or be acquired by the Town prior to issuance of a certificate of occupancy or its functional equivalent, or funds in the amount of the developer's fair share shall be committed no later than the local government's approval to commence construction.

(D)

Consistent with the Loxahatchee Groves Comprehensive Plan, transportation facilities needed to serve new development shall be in place or under actual construction within three years after the Town approves a building permit that results in traffic generation.

(A)

For the purpose of implementing this article, a proposed development shall be presumed to have the maximum impact permitted under applicable land development regulations in the absence of a complete site plan application, deed restriction, or plat restriction.

(B)

If an application for a building permit provides for more intensive use than that indicated when the finding of adequacy was made, the application shall be reevaluated for concurrency.

(A)

Level of service (LOS). As consistent with the Loxahatchee Groves Comprehensive Plan. Palm Beach County makes all adequacy determinations for County maintained roadways.

(B)

Measurement of capacities. The standard procedure for the initial measuring of highway capacities is the Florida Department of Transportation's Generalized Traffic Volume Tables for Florida's Urbanized Areas, as amended.

( Ord. No. 2016-011 , § 3, 1-17-2017)

(A)

Level of service. As consistent with the Loxahatchee Groves Comprehensive Plan, the minimum design criteria and the standard to assess adequacy of service for drainage systems in the Town are as follows:

(1)

Minimum roadway and parking lot elevations shall be at least at the highest elevation that may occur at the peak of the 10-year, one-day storm event;

(2)

Minimum site perimeter elevations shall be at least the 25-year, three-day stage. Site runoff up to such stage level may not overflow into any adjacent property, unless a permanent drainage easement is obtained;

(3)

Dry or wet retention/detention, stage versus storage, stage versus discharge and flood routing calculations for the 10-year, one day; 25-year, three-day; and 100-year, three-day storm events for the site shall be submitted with the site development plans;

(4)

Building floor elevations shall be at or above the 100-year flood elevation, as determined from the Federal Flood Insurance Rate Maps or calculations following the latest South Florida Water Management District (SFWMD) methodology, whichever is greater;

(5)

Off-site discharge shall be limited to pre-development runoff based on the 25-year, three day storm event calculated by SFWMD methods;

(6)

All roof runoff shall be detained on site.

(7)

Storm sewers shall be designed to convey the five-year, one-day storm event.

(8)

Prior to discharge to surface or groundwater, Best Management Practices (BMPS) of SFWMD shall be used to reduce pollutant loading from storm water runoff from non-agricultural uses.

(9)

Prior to discharge to surface or groundwater, best management practices of the Department of Environmental Protection and United States Department of Agriculture shall be used to reduce pollutant loading from stormwater run-off from agricultural uses.

(B)

All storm water management facilities in the Town shall be designed in accordance with the South Florida Water Management District criteria and with Loxahatchee Groves Water Control District criteria, when applicable.

(A)

Level of service. As consistent with the Loxahatchee Groves Comprehensive Plan, the level of service standard for centralized potable water facilities is the Florida Department of Environmental Protection Permitted Capacity of the facility. The LOS standard for water treatment plants is measured by maximum daily flow. The level of service standard for potable water facilities provided by Palm Beach County Water Utilities Department is 126 gallons per capita per day. Palm Beach County shall make all adequacy determinations for County owned potable water utilities.

(B)

Mandatory tie-in to existing potable water facilities. As consistent with the Loxahatchee Groves Comprehensive Plan, all applicants for development permits shall utilize existing potable water facilities if lines are available as defined by Chapter 62-550, 62-555, and 62-560, Florida Administrative Code (FAC). When adequate facilities, based on the adopted level of service standard, are not available and no fiscally feasible plan to construct or expand said facilities is proposed, the applicant shall enter into an agreement to construct improvements to the utility providers' potable water system.

(A)

Level of service. As consistent with the Loxahatchee Groves Comprehensive Plan, the level of service standard for sanitary sewer facilities is the Florida Department of Environmental Protection Permitted Capacity of the facility. The LOS standard for wastewater treatment plants shall be measured by average daily flow. The LOS standard for sanitary sewer facilities provided by Palm Beach County Water Utilities Department is 100 gallons per capita per day. Palm Beach County shall make all adequacy determinations for County owned sanitary sewer utilities.

(B)

Mandatory tie-in to existing sanitary sewer facilities. As consistent with the Loxahatchee Groves Comprehensive Plan, all applicants for development permits shall utilize existing sanitary sewer facilities if lines are available as defined by Chapter 10D-6, Standards for Onsite Sewage Treatment and Disposal Systems, Florida Administrative Code (FAC), pursuant to F.S. § 381.0065, onsite sewage disposal systems; installation; conditions. All customers with private septic tanks shall connect to public gravity sanitary sewer collection systems within 365 days of written notice that the service is available, as required by F.S. § 381.00655. When adequate facilities, based on the adopted level of service standard, are not available and no fiscally feasible plan to construct or expand said facilities is proposed, the applicant shall enter into an agreement to construct improvements to the utility providers' sanitary sewer system.

As consistent with the Loxahatchee Groves Comprehensive Plan, all applicants for development permits shall demonstrate adequacy of solid waste disposal sites or facilities prior to occupancy. Adequacy of solid waste disposal sites or facilities can be demonstrated by providing verification of solid waste pickup by a Town contracted solid waste hauler.

(A)

Level of service. The Town's adopted level of service standard for parks and recreation facilities is six acres per every 1,000 population. Approval of a development permit for a residential development shall require a finding that, at a minimum, six acres of park, recreation, and open space is available per 1,000 residents. The Town of Loxahatchee Groves shall make all adequacy determinations for parks and recreation facilities.

(A)

Level of service. The Town's adopted level of service standard is the school's utilization which is defined as the enrollment as a percentage of school student capacity based upon the Florida Inventory of School Houses (FISH). The level of service (LOS) standard shall be established for all schools of each type within the School District as 110 percent utilization, measured as the average for all schools of each type within each Concurrency Service Area. No individual school shall be allowed to operate in excess of 110 percent utilization, unless the school is the subject of a School Capacity Study (SCS) undertaken by the School District, working with the Technical Advisory Group (TAG) which determines that the school can operate in excess of 110 percent utilization. The SCS shall be required if a school in the first student count of the second semester reaches 108 percent or higher capacity. As a result of an SCS, an individual school may operate at up to 120 percent utilization.

(A)

This article shall apply to all new land development in the Town which creates an impact on any public facility, as defined in Article 13 of the Palm Beach County Code, to the extent permitted by the Palm Beach County Charter.

The purpose of this article of the Loxahatchee Groves Code is to implement Palm Beach County's policies and regulations, as amended from time to time, regarding the collection and administration of impact fees for new development consistent with Article 13 of the Palm Beach County Code.

No building permit for any land development requiring payment of an impact fee pursuant to Article 13 of the PBC Code shall be issued until the impact fee has been paid to the County and a copy of the receipt has been provided to the Town. No building permit for any land development requiring payment of an impact fee pursuant to this article shall be renewed or extended until the impact fee in effect at the time of the renewal or extension has been paid to the County and a copy of the receipt has been provided to the Town; provided, however, that additional impact fees will not be required where the development has completed and passed all applicable rough inspections for the proposed building permit. For those land uses that do not require a building permit, the impact fee shall be paid to the County prior to issuance of a development order that initiates impact on public facilities.

The following development shall be exempt from payment of respective impact fees, as applicable:

(A)

Any development that results in no new impact on a capital facility for which the impact fee is assessed.

(B)

The construction of accessory buildings or structures which will not produce new additional impact on a capital facility over and above that produced by the principal building or use of the land.

(C)

For the purpose of School Impact Fees, the construction of adult only residences that meet the Fair Housing Act exemption codified at 42 U.S.C. 3607, as may be amended; provided, however, that the fee payer files a Declaration of Restrictive Covenants prepared and signed by Palm Beach County's Impact Fee Coordinator which prohibits persons 19 years of age or younger from residing in the residence for more than 60 days per calendar year. The School Impact Fee Declaration of Restrictive Covenants shall be filed with the Clerk of the 15th Judicial Circuit Court.

(D)

The construction of publicly owned and operated governmental buildings or facilities.

(E)

All applications for exemption must be approved by Palm Beach County's Impact Fee Coordinator and a notice of exemption shall be provided to the Town.

All impact fees shall be computed as required in Article 13 of the Palm Beach County Code, as amended, subject to Ch. 153.31801, F.S. as may be amended from time to time.

All further rights, responsibilities, exceptions, requirements, and rules concerning the collection and administration of impact fees shall be outlined in Article 13 of the Palm Beach County Code, as amended, and which is hereby adopted by the Town of Loxahatchee Groves.

Any person affected by a written administrative decision rendered by the Town Manager, Town personnel or consultants relating to any provision of the ULDC, which person believes the decision has been rendered in error, may appeal the decision according to the procedure established within this article.

In addition to the application submission requirements of Article 110, "General Application Requirements," an application for an administrative appeal shall include the items and information listed below.

(A)

The ruling of the administrative official being appealed;

(B)

The name and position of the administrative official;

(C)

The date of the final ruling or rendition of the order.

(D)

The section and subsections of the ULDC upon which the ruling was based;

(E)

The reason the affected party believes the decision is erroneous and the reason that a variance or other form of relief is not required instead.

(A)

An appeal from any order, requirement, decision, or determination made by the Town Manager, Town personnel or consultant may be appealed by notifying the Town Manager and Town Attorney, in writing that the applicant is appealing the administrative decision. The notification shall be received no later than 30 calendar days after the administrative decision is rendered. If the notification is not received within 30 calendar days after rendition of the decision, the applicant is deemed to have waived the right to challenge the decision.

(B)

Upon receipt of a timely notice of appeal, the appeal shall be assigned to the Town Council at one of the next two regularly scheduled Town Council Meetings unless an extension of time is requested or agreed to by the applicant. The Town Council shall be given a copy of the evidence previously presented as well as the administrative findings. After reviewing all of the evidence by staff and the applicant, and after conducting a properly noticed quasi-judicial public hearing to review the petition in accordance with Article 120, "Quasi-Judicial Hearings," the Town Council shall make a final determination based on the evidence presented and the applicable criteria set forth below.

(C)

Nothing in this article shall prohibit the Town Manager from reconsidering and reversing the administrative decision at any time prior to the start of the hearing before the Town Council.

(D)

Notice. Notice shall be given to the general public in accordance with Florida law and in accordance with the Town's notice requirements.

(E)

Application fee. There shall be an application fee for all administrative appeals. The amount of the application shall be set by the Town Manager as that amount required to reimburse the Town for all expenses associated with the petition plus the costs incurred by the Town. The application fee shall be paid at the time the petition is filed and is a condition of the Town Council holding the required public hearing.

(F)

The Town Council shall have the authority to reverse or affirm, wholly or in part, or modify any order, requirement, decision, or determination made by the Town Manager in the interpretation or enforcement of any provision of the ULDC. The Council shall have all the powers of the Town Manager from whose decision the appeal is taken.

In rendering a decision relating to an appeal from an administrative decision, the Town Council shall consider the following:

(A)

Whether there exists an error or ambiguity which must be corrected;

(B)

The general intent of the section of the Code which is the subject of the appeal;

(C)

The impact of any finding on the surrounding community;

(D)

The testimony and submittals of any applicant, their counsel, agents, representatives, or witnesses; and

(E)

The testimony and submittals of the Town Manager, Town personnel, or consultant, his or her counsel, representatives, or witnesses.

In the event the Town Council modifies or reverses the administrative ruling or decision where it was alleged by the affected person or applicant that there was error in an order, requirement, decision or determination made by an administrative official in the enforcement of the ULDC, then in that event, upon the entry of such order and execution thereof having been filed with the Town Clerk, the Clerk shall cause a voucher to be drawn and the filing fee paid by such applicant or affected person shall be refunded to him.

(A)

No approval shall be given for a proposed development containing any element in conflict with the Town Code. Any such conflict shall be resolved prior to the issuance of any development order or permit by amending the development application or, if applicable, obtaining a variance pursuant to the requirements of this article.

(B)

The Town Council shall conduct public hearings, take testimony, and review documentary evidence submitted by parties requesting a variance from the terms of the ULDC as set forth herein.

(A)

The Council shall have the authority to grant a variance to provisions of the ULDC relating to the following:

(1)

Height.

(2)

Yards.

(3)

Parking and loading.

(4)

Landscaping and buffers.

(5)

Separation of uses.

(6)

Plot coverage.

(7)

Such other provisions of the Code which do not specifically prohibit such requests.

(B)

No variance request may be acted upon by the Town Council that would allow a use which is specifically or by inference prohibited in any zoning district classification, including an increase in density, or any provisions for which the ULDC specifically prohibits waiver or modification.

(C)

Applications for variances will not be considered with respect to the following:

(1)

Where plans have been submitted and approved and permits issued, but additional work not shown on the approved plans has been performed.

(2)

Where a property has been subdivided and as a result an existing structure is in violation of the provisions of this Code.

(A)

Filing of application. Applications for variances may be filed by any property owner substantially aggrieved by the literal enforcement of the regulations set forth in Section 150-010(A), above. Applications shall be filed on forms provided by the Town and shall be submitted to the Town Manager.

(B)

Review and scheduling of petition for public hearing. Upon receipt of a completed application, and upon receipt of any additional documentation that the Town may request, the Town Manager shall review the application and prepare a report which, at a minimum, details the facts and circumstances pertaining to the variance request. Upon completion of such report, the variance request shall be duly advertised and scheduled before the Town Council, at the next available Regular Council Meeting.

(C)

Notice. Notice shall be given to the general public in accordance with Florida law and in accordance with the Town's notice requirements.

(D)

Application fee. There shall be an application fee for each variance request. The amount of the application shall be set by the Town Manager as that amount required to reimburse the Town for all expenses associated with the petition plus the costs incurred by the Town. The application fee shall be paid at the time the application is filed and is a condition of the Town Council holding the required public hearing.

(E)

Public hearing procedure. The Town Council shall hear the petition for a variance pursuant to the Town's quasi-judicial procedures set forth in Article 120.

(F)

Burden of proof under quasi-judicial procedures. In making a presentation, the petitioner shall bear the burden of demonstrating by competent substantial evidence that the evidence on the record demonstrates that the relief sought should be granted.

(G)

Recordation. The Town Council's decision concerning approval of any variance application shall be recorded in the public records of Palm Beach County, Florida at the expense of the applicant.

A variance will not be contrary to the public interest where the applicant has demonstrated by competent substantial evidence that the following criteria are met:

(A)

That special conditions and circumstances exist which are unique to the property in question, or to the intended use of the property, that do not generally apply to other properties in the same zoning district;

(B)

That any alleged hardship is not self-created by any person having an interest in the property and is not the result of mere disregard for, or ignorance of, the provisions of the Code, but is instead the result of one or more of the special condition(s) found above;

(C)

That literal interpretation of the Code would deprive the applicant of reasonable use of the property, in that the applicant would be deprived of rights commonly enjoyed by properties in the same zoning district, and would thereby cause an unnecessary and an undue hardship;

(D)

That the variance proposed is the minimum variance that will make possible the reasonable use of the property and it will not confer on the applicant any special privilege that is denied to any other properties in the same zoning district;

(E)

That the granting of the variance will be in harmony with the general intent and purpose of the Code and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

In authorizing any variance, the Town Council may prescribe reasonable conditions and limitations that are reasonably necessary to mitigate any impact the variance may have on the surrounding neighborhood. A violation of any condition or limitation, when made a part of the terms under which the variance is granted, shall be deemed a violation of the Code and shall serve as grounds for the termination of the variance.

(A)

A variance shall automatically expire under the following conditions:

(1)

If a permit or development order has not been issued by the Town within six months from the date the variance was granted.

(2)

If a Town development order expires.

(3)

If a permit issued within the required time period has expired or has been revoked pursuant to the Florida Building Code, as may be amended from time to time.

(4)

If a permit or development order is issued within the required time period, if work has not been completed and a certificate of occupancy, or final inspection for uninhabitable structures or improvements, has not been issued under that permit within a reasonable time.

(5)

If the conditions and limitations of the variance have not been satisfied.

(B)

It shall be the responsibility of the property owner to ensure that a variance does not expire.

(C)

The applicant shall be granted an extension to an expiring variance for a single one-year period, or a portion of a year, upon the Town Manager's receipt of a written request not less than 45 days before the expiration of the approved variance, stating the reasons for the extension request, and providing that the Manager finds that the applicant requires the extension for reasons beyond the applicant's control. The Manager shall determine the length of the extension based upon the nature of the circumstances resulting in the request for extension.

(D)

Whenever the Town Council has taken action to reject a variance, the Council shall not consider any further request for the same variance on any part of the same property for a period of six months from the date of such action, unless the time period is waived by four affirmative votes of the Town Council in order to prevent injustice or to facilitate the proper development of the Town.

Approval of a site plan or site plan modification is required prior to any development of land in the Town, except as follows:

(A)

Development of up to four single-family residences on adjacent plots provided that no subdivision sign or community entry feature is proposed.

(B)

Administratively approved modifications to approved site plans, limited to the following, provided no variance is required for the modification or that the modification does not violate any condition of site plan approval, and further provided that the modification does not change any verbal commitment or representation from the applicant, agent or owner made at the public hearing or in the application, or other understanding upon which approval may have been based:

(1)

Relocation or substitution of landscaping materials.

(2)

Minor architectural modifications including the addition of awnings and canopies.

(3)

Construction of bus stop shelters.

(4)

Erection of signs.

(5)

Diminution in size of a structure.

(6)

Demolition of a structure.

(7)

Waterbody maintenance activities.

(8)

Subdivision of land.

(9)

Road maintenance activities. A permit is required under Section 05-040.

(10)

Clearing or excavation of land. A permit is required under Section 05-040.

In addition to the application submission requirements of Article 110, "General Application Requirements," an application for site plan approval or modification shall include the items and information listed below. The overall size of the site plan shall be 24 inches by 36 inches, drawn at a scale not less than one inch equals 50 feet, unless a smaller scale is permitted by the Town Manager. The Manager may waive a submittal requirement if, in the Manager's opinion, it is not necessary for proper evaluation of a proposed site plan due to the limited scope of the proposal or the existence of previously submitted information that satisfies a submittal requirement.

(A)

A recent survey prepared by a Florida registered surveyor and mapper, certified as to meeting the requirements of the applicable section of the Florida Administrative Code, providing a legal description, including the section, township and range, and reflecting existing natural features, such as topography—with elevations provided on a minimum 100 foot grid, including elevations of adjacent land within 25 feet of the proposed site plan, existing vegetation including scientific name, caliper and size of crown, existing paving, existing structures within the subject site and on adjacent properties within 100 feet of the subject site including dimensions to property lines and use of the structures, rights-of-way and easements within and abutting the development site including the dedication instruments, and water bodies including top of bank and edge of water.

(B)

The following computations:

(1)

Acreage.

(2)

Number of dwelling units and density (for residential uses only).

(3)

Individual and total square footage of building area, and square footage and percentage of ground covered by roofed buildings or structures and designation of use for each.

(4)

Required number of parking spaces, loading and stacking spaces, including calculations.

(5)

Number of existing, proposed and total existing and proposed parking, loading and stacking spaces provided.

(6)

Pervious, impervious and paved surface, in square footage and percentage.

(C)

Site boundaries clearly identified, and ties-to-section corners.

(D)

Existing and proposed land uses and existing uses of adjacent land.

(E)

Location and height of all structures and total floor area categorized by use, with dimensions to lot lines, and designations of use.

(F)

Building separation measurements.

(G)

Vehicular circulation system for cars, bicycles and other required vehicle types, with indication of connection to public rights-of-way.

(H)

All adjacent public and private rights-of-way and easements, with indication of ultimate right-of-way line, centerline, width, pavement width, existing median cuts and intersections, street light poles and other utility facilities and easements.

(I)

Pedestrian circulation system.

(J)

Provider of water and wastewater facilities.

(K)

Existing and proposed fire hydrant locations.

(L)

Indication of existing native vegetation that will be preserved, as required herein.

(M)

Site plan location sketch, including section, township, and range.

(N)

Geometry of all paved areas including centerlines, dimensions, radii and elevations.

(O)

Location of trash and garbage disposal system and provisions for accessibility to garbage trucks.

(P)

Location, dimensions, clearances and access of all required and proposed parking and loading areas.

(Q)

Areas for emergency vehicles and fire engines, and provisions for accessibility to vehicles of the required type.

(R)

Location of all drainage features, and retention/detention areas, if any.

(S)

Schematic water, sewer, paving and drainage plan including the location of all mains and lift stations (note: Final engineering plans must be submitted and approved prior to the issuance of a building permit). Preliminary surface water management calculations must be provided unless waived by the Town Engineer.

(T)

Location of septic tank and drain field, if applicable.

(U)

A landscape plan demonstrating compliance with Article 85, "Landscaping."

(V)

A parking facility lighting plan and a street lighting plan, if applicable.

(W)

Floor plans and elevation drawings of all nonresidential buildings and structures.

(X)

Street names and addresses, or a range of addresses, for any proposed building within the site plan, in conformity with Town standards.

(Y)

An application for site plan approval which abuts a roadway that is functionally classified as a State Road and which proposes direct vehicle access to the State Road, shall also be accompanied by a valid Pre-Application approval letter from the Florida Department of Transportation issued pursuant to the "State Highway System Access Management Classification System and Standards," as amended.

(Z)

Additional documentation for non-residential site plans. An applicant for site plan approval for a non-residential use shall provide written documentation with the application demonstrating the specific measures that will be taken to prevent or minimize impacts upon adjacent residential plots within 250 feet of a boundary of the site plan. These impacts include the effects of excessive noise, objectionable odors, visible emissions, particulate matter (including dust, smoke, soot, and aerosols), solid wastes, hazardous wastes, fire and explosion. Specific measures include but are not limited to the provision of setbacks, buffers, landscaping, fencing, walls, and/or other measures as required by the ULDC.

(A)

The various Town disciplines, applicable water control district, fire marshal, and other coordinating agencies shall review the site plan in accordance with procedures and timeframes adopted by the Town.

(B)

Notice. Notice shall be given to the general public in accordance with Florida law and in accordance with the Town's notice requirements.

C)

Application fee. There shall be an application fee for all reviews of site plans and site plan modifications. The amount of the application fee shall be set by the Town Manager as that amount required to reimburse the Town for all expenses associated with the petition plus the costs incurred by the Town. The application fee shall be paid at the time the petition is filed and is a condition of the Town Council holding the required public hearing.

(D)

The Town Council shall conduct a quasi-judicial public hearing and act on the site plan application as provided by law.

(A)

Conformance to the approved and/or recorded plat, if applicable.

(B)

Consistency with the Town of Loxahatchee Groves' Comprehensive Plan.

(C)

Conformity to the Town of Loxahatchee Groves ULDC.

(D)

Conformity to the water control district's requirements and regulations.

If an applicant's development plans change after receiving site plan approval, the applicant shall file an application for revised site plan approval with the Town Manager for Town Council consideration, unless Section 155-005(B) exempts the proposed modification from this process. Site plan modification submission requirements are identical to those for site plan approvals. The Town Manager may waive certain submission requirements if deemed unnecessary for review of the modification, based upon the principles established within this article.

An approved site plan shall be effective until the development is completed, but shall be null and void if a building permit for a principal structure is not issued within one year from the date of site plan approval. The Town Council may grant one extension not to exceed six months duration upon demonstration of hardship and intent to proceed.

This article specifies the process for changing the zoning map designation of a land in the Town. The application and fee requirements of this article shall not apply to Town-initiated rezonings.

In addition to the general application requirements, the applicant shall provide an explanation of how the rezoning is in accordance with the review criteria of Section 160-020 of this article.

(A)

The Town Manager shall review the application and prepare written findings.

(B)

Public notice shall be made in accordance with Article 115.

(C)

All rezonings shall be heard by the Local Planning Agency, which shall make a recommendation to the Town Council.

(D)

The Town Council shall consider the application, the staff findings, the recommendation of the local planning agency, and the information presented during the public hearing.

(E)

The Town Council may approve or deny the application for rezoning based upon the review criteria of Section 160-020.

(F)

All rezoning applications shall be processed as ordinances of the Town.

(G)

A rezoning shall take effect at the time provided in the ordinance approving the rezoning.

(H)

Rezoning applications are matters that the Town Attorney may determine to be, based upon the circumstances, quasi-judicial in nature as defined by Section 120-020, "Ex Parte Communications on quasi-judicial proceedings prohibited." All matters which are defined as quasi-judicial in nature shall utilize the quasi-judicial hearing procedures set forth therein. The petitioner shall bear the burden of providing competent substantial evidence that the rezoning should be granted.

(A)

An application for a rezoning shall be reviewed in accordance with the following criteria:

(1)

The request is consistent with the Town's comprehensive plan; and

(2)

The request would not give privileges not generally extended to similarly situated property in the area, or result in an isolated district unrelated to adjacent or nearby districts; and

(3)

An error or ambiguity must be corrected; or

(4)

That there exists changed or changing conditions which make approval of the request appropriate; or

(5)

That substantial reasons exist why the property cannot be used in accordance with the existing zoning; or

(6)

That the rezoning is appropriate for the orderly development of the Town and is compatible with existing and conforming adjacent land uses, and planned adjacent land uses.

(B)

The Town Council shall decide on the application by:

(1)

Approving the application by ordinance; or

(2)

Approving by ordinance a modified version of the amendment that may be less restrictive than the current zoning district but more restrictive than the district requested in the application.

(3)

Approving the application by ordinance subject to stipulations volunteered from the applicant that restrict the uses or standards to which the property can be developed under the requested zoning.

(4)

Deny the amendment.

An applicant may withdraw an application for rezoning at any time prior to a final vote by the Town Council on the application. If two applications for rezoning of the same land are withdrawn by the same applicant within one year, no other application to rezone the tract of land shall be considered by the Town for at least one year after the date of withdrawal of the second application.

No application for a rezoning that has been previously denied by the Town Council shall be accepted for at least one year after the date of denial. This prohibition shall not apply to an application for a zoning designation that is different than the designation that was previously applied for and denied.

This article governs the processing and consideration of amendments to the Town of Loxahatchee Groves Future Land Use Plan Map.

In addition to the application submission requirements of Article 110, "General Application Requirements", an application for Comprehensive Plan map amendments shall include the items and information listed below.

(A)

Proposed future land use map designations.

(B)

Indication of the public need for the proposed future land use.

(C)

Indication of why the proposed location is the most suitable for the future land use proposed.

(D)

Indication of how the proposed future land use will further the Town's goals and objectives adopted in the Comprehensive Plan.

(E)

Analysis of impacts to surrounding properties if proposed land use plan map amendment is adopted.

(F)

Supporting data and analysis.

(A)

The Town shall process applications for amendment to the Future Land Use Plan Map in accordance with F.S. §§ 163.3184, 163.3187 and 163.3189 and Rule 9J-11, F.A.C. as may be amended from time to time.

(B)

Notice. Notice shall be given to the general public in accordance with Florida law and in accordance with the Town's notice requirements.

(C)

All requests pertaining to land use plan amendments shall first come before the Town's Local Planning Agency who shall provide a recommendation to the Town Council.

Upon determination that the application is complete, the Town Manager shall notify the Intergovernmental Plan Amendment Review Committee (IPARC) of the proposed land use amendment pursuant to the Plan Amendment Coordinated Review Interlocal Agreement.

Plan amendment applications are considered legislative actions, and are governed accordingly, and should be internally consistent with the policy of the Town as set forth in the goals, objectives and policies of the Comprehensive Plan.

Special exception uses may be compatible with the other land uses permitted in a zoning district but, because of their unique characteristics and potential impacts on the surrounding neighborhood and the Town as a whole, require individual review of their location, design, configuration, and/or operation in order to ensure that the use is appropriate at a particular location.

(Ord. No. 2013-06, § 2(Att. A), 12-3-2013)

This article specifies the application requirements, processing and disposition of applications for special exception uses as set forth in the schedule of district regulations, and categorized as follows:

(A)

Category A - Complete Special Exception Review per Sections 170-015, 170-020, and 170-025 of this Code.

(B)

Category B - Modified Special Exception Review per Sections 170-015, 170-020, and 170-025 of this Code.

(C)

Category C - Temporary Event Administrative Review. A Special Event may qualify for a Category C special exception approval as a Temporary Event provided that applicants shall certify, by written affidavit on a form provided by the Town, that none of the following activities or facilities will occur on-site for a period exceeding 24 consecutive hours:

(1)

Signage advertising the event.

(2)

Temporary buildings, tents or similar structures erected for the event.

(3)

Electrical, plumbing or similar utility connections to be used during the event.

(4)

Portable sanitary facilities imported for use during the event.

(5)

Parking for event participants.

A Category C temporary event holder shall further certify that trash and garbage shall be policed and removed daily.

A special event that cannot certify to the above shall be processed as a Category B special exception.

(D)

Private temporary events held for family and friends of the property owner, on the property owner's property, that occur for a period not to exceed 24 hours shall not be required to obtain special exception approval under this article.

(Ord. No. 2013-06, § 2(Att. A), 12-3-2013; Ord. No. 2017-15 , § 5(Exh. E), 12-5-2017)

In addition to the general application requirements, the applicant shall provide the following materials:

(A)

The existing and proposed use of the property.

(B)

For Category A special exceptions, the existing use, zoning and land use designations of lands within 1,500 feet of the subject property. For Category B special exceptions, the existing use, zoning and land use designations of lands abutting the subject property.

(C)

For Category A special exceptions, a site plan meeting the requirements of Article 155, "Site Plans." For Category B special exceptions, a zoning confirmation letter from the Town Manager stating that all applicable provisions of the code are satisfied. The Category B zoning confirmation letter shall include a property/building layout with dimensions provided by the applicant. For Category C special exceptions, a zoning confirmation letter from the Town Manager stating that the proposed event is granted a Category C special exception. In order to be granted a Category C special exception an affidavit shall be provided by the applicant certifying that the conditions of Section 170-010(C) shall be complied with.

(D)

Any other information as may be required for a determination of the nature of the proposed use and its consistency with the criteria for the approval of a special exception use, including the category of review for such application.

(Ord. No. 2013-06, § 2(Att. A), 12-3-2013)

(A)

Public notice shall be made in accordance with Article 115, "Public Hearing Notices."

(B)

All Category A special exception uses and their related accessory uses including enlargement or modification of an existing special exception use require the authorization of the Town Council. Category B special exception uses and their related accessory uses including enlargement or modification of an existing special exception use require the authorization of the Town Manager and notification to the Town Council. Category C special exception uses require the authorization of the Town Manager.

(C)

Category A special exception uses are matters that are quasi-judicial in nature as defined by Section 120-020: "Ex parte communications on quasi-judicial proceedings prohibited". All matters that are defined as quasi-judicial in nature shall utilize the quasi-judicial hearing procedures set forth therein. The petitioner shall bear the burden of providing competent substantial evidence that the special exception use should be granted.

(Ord. No. 2013-06, § 2(Att. A), 12-3-2013)

(A)

The Town Council shall review Category A special exception applications to determine whether the special exception use complies with the following standards. The Town Manager shall review Category B applications to determine whether the special exception use complies with the following standards:

(1)

That the use will not cause a detrimental impact to the value of existing contiguous uses, uses in the general area, and to the zoning district where it is to be located.

(2)

That the use will be compatible with the existing uses on contiguous property, with uses in the general area and zoning district where the use is to be located and compatible with the general character of the area, considering population density, design, scale and orientation of structures to the area, property values and existing similar uses or zoning.

(3)

That adequate landscaping and screening are provided to buffer adjacent uses from potential incompatibilities.

(4)

That adequate parking and loading is provided, and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets.

(5)

That the use will not have a detrimental environmental impact upon contiguous properties and upon properties located in the general area or an environmental impact inconsistent with the health, safety and welfare of the community.

(6)

That the use will not have a detrimental effect on vehicular, pedestrian or equestrian traffic, or parking conditions, and will not result in the generation or creation of traffic inconsistent with the health, safety and welfare of the community.

(7)

That the use will not utilize turning movements in relation to its access to public roads or intersections, or its location in relation to other structures or proposed structures on or near the site that would be hazardous or a nuisance.

(8)

That the use will not have a detrimental effect on the future development of contiguous properties or the general area, according to the Comprehensive Plan.

(9)

That the use will not result in the creation of incompatible noise, lights, vibrations, fumes, odors, dust or physical activities, taking into account existing uses, uses located on contiguous properties, uses in the general area and the zoning in the vicinity due to its nature, duration, direction or character.

(10)

That the use will not overburden existing public services and facilities.

(B)

The Town Council may deny a Category A special exception application, approve it, or approve it with conditions. In issuing its decision to grant a Category A special exception, the Town Council may place more restrictive requirements and conditions on applicants than are provided in the code when the conditions are based upon site considerations and its use, and the potentially resulting impacts upon the surrounding area or zoning district where the subject property is located.

(C)

The Town Manager may deny a Category B application, approve it, or approve it with conditions. In addition, the Town Manager, based upon his initial determination of potential non-compliance with the standards listed in Section 170-025(A), may determine that a potential Category B Special Exception is most appropriately processed as a Category A Special Exception, in which case it will be processed as a Category A Special Exception.

(D)

The Town Manager may deny a Category C application, approve it, or approve it with conditions, based upon a determination of compliance with Section 170-010(C)(1)—(5). The Town Manager, based upon his determination of non-compliance with Section 170-010(C)(1)—(5) may determine that a potential Category C Special Exception is most appropriately processed as a Category B Special Exception, in which case it will be processed as a Category B Special Exception.

(E)

Denials of Category B and C Special Exceptions may be appealed to the Town Council. An applicant shall file a written request for appeal within 30 days of receipt of the written denial by the Town Manager.

(Ord. No. 2013-06, § 2(Att. A), 12-3-2013)

If the applicant wishes to amend a special exception use proposal, the proposed amendment shall be processed and reviewed in accordance with the procedures set forth in this article for new special exception uses.

(Ord. No. 2013-06, § 2(Att. A), 12-3-2013)

(A)

The Town Council, in the case of a Category A special exception, and the Town Manager, in the case of a Category B or Category C special exception, may prescribe a reasonable time limit within which the action for which the special exception is required shall be begun or completed or both; provided, that in the absence of such time limit, a special exception approval shall expire unless:

(1)

The applicant submits all development permit applications and construction drawings (if applicable) that are necessary to establish the special exception use within 12 months of Town Council approval, or Town Manager approval, as applicable; and

(2)

The applicant obtains all necessary development permits (including payment of all fees) within 18 months of Town Council approval, or Town Manager approval, as applicable; and

(3)

The development permits remain valid until the project is complete; and

(4)

The conditions and limitations of the special exception are satisfied.

(B)

It shall be the responsibility of the property owner to ensure that a special exception approval does not expire.

(C)

The Town Council, in the case of a Category A special exception, and the Town Manager, in the case of a Category B special exception, may grant an extension if the applicant submits the extension request within 13 months of the date of Town Council or Town Manager approval and the applicant can demonstrate good cause for the delay. Good cause may include, but shall not be limited to, delay caused by governmental action or inaction or other factors beyond the control of the applicant.

(Ord. No. 2013-06, § 2(Att. A), 12-3-2013)

(A)

The use for which a special exception has been granted by the Town Council or Town Manager shall not be commenced by the owner, his or her agent or lessee until such time as the decision is deemed to be final (i.e., all appeal times have expired) and all of the improvements and/or documentation stipulated in the grant of special exception necessary for the orderly use of the property have been accomplished.

(B)

Approval of a special exception use shall run with the use once established (i.e., not expired or revoked) unless otherwise stipulated as a condition of approval.

(C)

Upon denial of an application for a special exception use, there shall be a one-year waiting period before any applicant may submit an application for the same or substantially similar application and for the same property as that which was initially denied.

(D)

Whenever the Town Council has taken action to approve a special exception use, the commission shall not consider any application to modify the conditions of approval for a period of 12 months from the date of such action, unless the commission waives the time period in order to prevent injustice.

(Ord. No. 2013-06, § 2(Att. A), 12-3-2013)

The purpose and intent of this division is to:

(A)

Establish procedures and standards for the subdivision of real estate;

(B)

Ensure proper legal description, identification, monumentation and recording of subdivisions;

(C)

Aid in the coordination of land development with on- and off-site improvements; and

(D)

Ensure provision of adequate utilities to support development of each lot.

No building permit for the construction of a principal building on a parcel of land in the Town shall be issued unless a plat including such parcel has been approved by the Town Council and recorded by the Clerk of Circuit Court in and for Palm Beach County unless:

(A)

The parcel was a lot of record existing prior to the date of adoption of this article.

(B)

The parcel was issued a certificate of conformity by the Town of Loxahatchee Groves pursuant to Division II of this article.

(A)

No subdivision of land in the Town of Loxahatchee Groves that meets the criteria below shall occur until the Town Council approves a plat of such subdivision, and the plat is subsequently recorded in the public records of Palm Beach County, Florida in accordance with the requirements of this article.

(1)

Any subdivision of land creating more than four lots.

(2)

Any subdivision of land that creates a lot which will require access from a private street pursuant to Article 100, "Access Standards and Subdivision."

(3)

Any subdivision of land within a non-residential zoning district.

The adequacy of necessary public or private facilities and services for traffic and pedestrian access and circulation, public schools, solid waste, wastewater disposal, potable water supply, stormwater management, fire-rescue, parks and recreation and similar facilities and services, and potential adverse impacts on adjacent land uses and facilities shall be considered in the review of all subdivision proposals which require platting. No Final Plat shall be recorded until all required improvements set forth in this article are either completed in accordance with the standards of this Code or are guaranteed to be completed by the developer in accordance with an approved developer agreement.

Any subdivision of land unsuitable for the proposed type or extent of development shall not be approved unless adequate methods of correction or mitigation are formulated and approved by the Town. All lands subdivided shall be of sufficient land area to comply with the density and intensity standards contained in the Future Land Use Element of the Town of Loxahatchee Groves Comprehensive Plan and shall satisfy the minimum plot size and dimension requirements contained in Part II of this Code. Any subdivision of land proposed shall be in the proper zoning district and have the necessary approvals required for the intended use prior to platting.

In addition to the application submission requirements of Article 110, "General Application Requirements," all plat applications shall be submitted along with the following materials.

(A)

Plat drawing. an application for plat approval shall be accompanied by a plat drawing, the overall size of which shall be 24 inches by 36 inches, drawn at a standard engineering scale no smaller than one inch equals 100 feet except when a smaller scale is approved by the Town Manager, and which shows the following:

(1)

Proposed subdivision name or identifying title. Such name shall not be the same or in any way so similar to any name appearing on any recorded plat in Palm Beach County as would confuse the records or mislead the public as to the identity of the subdivision, except when an existing subdivision is subdivided as an additional unit or section by the same developer or his successors in title.

(2)

A plat location sketch showing the plat in relation to a nearby intersection of two arterial, collector or other well-established existing roadways.

(3)

North arrow, scale and date.

(4)

Lots and blocks of adjacent recorded plats, giving plat book and page number along with names of such plats.

(5)

All existing streets and alleys on or adjacent to the tract, including name and right-of-way width.

(6)

The legal description of the property being platted.

(7)

All existing easements and rights-of-way within the plat limits with the purpose and the instrument of record labeled.

(8)

Location and width of all proposed and required ultimate rights-of-way, alleys, easements; proposed lot lines with dimensions, public areas, and parcels of land proposed or reserved for public use.

(9)

Space for signature of the Mayor.

(10)

Space for the Town Clerk's signature and Town Seal.

(11)

The parcel encompassed by the legal description shown on the plat shall be clearly identified with a heavy line, and shall show dimensions, and either bearings or interior angles of said parcel with independent ties to two or more land corners, or independent ties to a recorded subdivision, and one land corner. When a case arises, where it is impractical to tie to a land corner because of lost or destroyed monuments, and the parcel can be adequately surveyed independent of said land corners, then the following points will be considered acceptable as land ties: Block Corners, Permanent Reference Monuments, or Permanent Control Points from a previously recorded plat. The use of these types of land ties shall be subject to approval by the Town.

(12)

Space for plat book and page number outside the border in the upper right hand corner of each page.

(13)

Notes or legend, and any tabular data or other data pertinent to the plat, on each page that contains the drawing.

(14)

Dedication and acknowledgment language.

(15)

Mortgagee approval and acknowledgment language.

(16)

All plat dimensions shall be shown accurate to one-hundredths of a foot, except for riparian boundaries, which may be shown as approximate with a witness line showing complete dimension data. Rows of lots with the same dimensions may use ditto marks providing the first and last lots in the row are appropriately dimensioned.

(17)

Computation of the square footage of each parcel of land and the acreage of the land proposed to be platted, which shall be accurate to the nearest square foot. All survey and survey information shall be certified by a registered surveyor and mapper licensed in the State of Florida.

(18)

At least two benchmarks referenced to the National Geodetic Vertical Datum of 1929. No benchmark shall be established purporting to be based on the National Geodetic Vertical Datum unless the benchmark is certified by a registered surveyor and mapper licensed in the State of Florida and such certification is shown on the plat. The benchmarks shall be of a permanent nature, easily accessible, located within, along or within 200 feet of the plat boundary and described by ties to the plat boundary. The plat shall list in the plat notes the governmental benchmark from which the plat benchmarks were established. Only benchmarks established by federal, state, county or municipal governments shall be acceptable as the starting benchmark.

(19)

The plat shall show grid bearings or azimuths, with state plane coordinates shown on all permanent reference monuments and all land ties where the plat lies within sections assigned state plane coordinates that have been recorded in the public records of Palm Beach County. Coordinates may be tabulated when necessary for legibility, and must appear on each page that contains the drawing. State plan coordinates shall be derived from field measurements in conformity with the Minimum Technical Standard for Land Surveying pursuant to Chapter 21, Section 21HH-6, Florida Administrative Code, adopted by the Florida Board of Land Surveyors, September 1, 1981, as may be amended from time to time.

(20)

A mathematical closure of the plat boundary shall not exceed three hundredths of a foot.

(21)

Space for approval of water control district, special improvement district, or taxing district, as applicable.

(B)

A conceptual access plan, drawn at a standard engineering scale no smaller than one inch equals 100 feet, except when a smaller scale is approved by the Town Manager, which shows the following:

(1)

The location of the centerline, with dimensions from known land ties, such as section lines or centerlines of right-of-way, of all proposed access locations on all public rights-of-way abutting the plat.

(2)

The number and direction of lanes proposed for each driveway or roadway access location.

(3)

The proposed minimum distance from the ultimate right-of-way line from the adjacent roadway to the outer edge of any interior service drive or parking space with direct access to the driveway in the access location.

(4)

The proposed minimum distance from the ultimate right-of-way line from the adjacent roadway to any proposed gate location.

(C)

A current survey, no older than six months, certified by a registered Surveyor and Mapper, which shows the following:

(1)

All information necessary for preparation of the plat as required in (A), above.

(2)

The location of all existing structures, paved areas and easements on and abutting the property, including the edge of pavement of all abutting streets.

(3)

Existing roadway details adjacent to the property including rights-of-way, pavement widths, sidewalks, driveways (curb cuts), curb and gutter, turn lanes, bus bay, medians, median openings, traffic signals and signal equipment, street lights, pull boxes, utility poles and utility equipment, drainage structures, and fire hydrants.

(D)

An application for plat approval which abuts a roadway facility that is functionally classified as a State Road and which proposes direct vehicle access to the State Road, shall also be accompanied by a valid Pre-Application approval letter from the Florida Department of Transportation issued pursuant to the "State Highway System Access Management Classification System and Standards," as may be amended from time to time.

(E)

The original plat linen drawing prepared pursuant to F.S. ch. 177, as may be amended from time to time, containing all items required herein, and all original signatures required for the executed dedication and acknowledgment and the executed mortgagee approval and acknowledgment shall be provided prior to Town Council consideration of the plat.

(F)

The original signatures of the applicable water control district shall be required on the original plat linen prior to Town Council consideration of the plat.

(G)

An original title certificate or an attorney's opinion of title with all exceptions. The title certificate or attorney's opinion of title shall:

(1)

Be based upon a legal description that matches the plat.

(2)

Be based upon a search of the public records within 45 days of submittal.

(3)

Contain the names of all owners of record.

(4)

Contain the names of all mortgage holders and if there are no mortgages, it shall so state.

(5)

Contain a listing of all easements and rights-of-way lying within the plat boundaries, and if there are none, it shall so state.

(6)

Contain a listing of all easements and rights-of-way which abut the plat boundaries and are necessary for legal access to the plat, and if there are none, it shall so state.

(H)

A CD-ROM containing an electronic copy of the plat in final form to be considered by the Town Council, in a format acceptable to the Town Clerk, to be provided prior to Council consideration of the plat.

(A)

All streets, alleys, easements, rights-of-way, parks, school sites and public areas shown on an accepted and recorded plat, unless otherwise stated, shall be deemed to have been dedicated or granted, as appropriate, to the public for the uses and purposes thereon stated. Approval and execution of the recorded plat by the Town Council shall constitute, unless otherwise stated, an acceptance of said offer to dedicate, grant or reserve.

Reservations must be clearly indicated as such, and must include the word "reservation," to whom it is reserved and for what purpose.

(B)

Dedication to the public of all roads, streets, alleys and other thoroughfares, however designated, shall be for the perpetual use of the public for the full width of such roads, streets, alleys and other thoroughfares, and shall be made by all persons having any interest in any and all the lands abutting on such roads, streets, alleys or other thoroughfares.

Dedications must be clearly indicated as such, and must include the word "dedication," to whom it is dedicated and for what purpose.

(A)

At a regularly scheduled public meeting, the Town Council shall review the application for conformity to the ULDC and shall act upon the application. The Town Council shall make one of the following determinations:

(1)

That the application is in compliance with the applicable standards and minimum requirements of this Code or that vested rights exist with regard to any noncompliance, in which case the Town Council shall adopt a development order granting approval of the application;

(2)

That the application is not in compliance with the applicable standards and minimum requirements of this Code, in which case the Town Council shall adopt a development order denying the application; or

(3)

That the application is not in compliance with the applicable standards and minimum requirements of this Code, but conditions have been determined by the Town Council to be reasonably necessary to ensure compliance with the applicable standards and minimum requirements of this article, and that vested rights exist with regard to any noncompliance, in which case the Town Council shall adopt a development order granting approval of the application with said conditions.

(B)

Approval shall be by resolution of the Town Council.

(A)

[Recordation.] No plat shall be recorded hereafter unless it shall bear the following signatures on behalf of the Town of Loxahatchee Groves: Mayor on behalf of the Town Council, attestation by the Town Clerk, and final signoff of the Town Manager once any conditions of approval have been met and the plat is in final form and ready for recordation.

(B)

Necessary documents and conditions. Prior to the final Town signoff on the plat, an applicant shall furnish the Town with those documents and materials necessary to evidence and ensure compliance with such requirements, standards, restrictions or conditions of this article, and conditions of approval, as requested by the Town. Such documents and materials may include, but are not limited to, updated opinion of title, bonds or other security, agreements, restrictive covenants, payment of impact fees, deeds, and easements, if evidence of compliance with such requirements, standards, restrictions or conditions is not appropriately contained in the development order or on the plat to be recorded.

(C)

Digital information. Prior to recording the plat, an applicant shall furnish the Town with a digital file in a PDF format.

(D)

[Plats.] All plats shall be recorded by the Clerk of Circuit Court in and for Palm Beach County.

The purpose and intent of this division is to:

(A)

Establish procedures and standards for the subdivision of real estate; and

(B)

Aid in the coordination of land development with on- and off-site improvements; and

(C)

Ensure lot size and dimension meet standards of this Code; and

(D)

Ensure access is provided to support development of each lot.

In addition to the application submission requirements of Article 110, "General Application Requirements," all applications for a certificate of conformity shall be submitted along with the following materials.

(A)

Current, sealed survey showing the entire tract to be subdivided, and the delineation of the proposed lot(s), including dimensions and area calculations measured both in square footage and acreage, and showing all existing and proposed rights-of-way and easements.

(B)

Current warranty deed.

(C)

Access agreements/arrangements as required under Article 100, "Access Standards and Subdivision" fully executed by the property owner and other necessary third-party signatories with recording fee.

All certificates of conformity shall be reviewed and approved administratively. The Town shall issue a Certificate of Conformity development order upon determination the proposed subdivision satisfies all applicable ULDC requirements.