A.

Purpose. The purpose of this Section is to allow a developer who owns a parcel of land in industrial zoning which falls within the parameters set forth in the Ordinance to subdivide and sell the individual parcels formed after the division providing that the guidelines set forth herein are met.

B.

In the exercise of its authority in the approval of the special exception for a PIP, the Town Planning and Zoning Board shall be guided by the following standards and shall consider the following factors and to show in its record that each factor was considered:

1.

A parcel, in order to be considered for the special exception must be a minimum of seven and one-half (7½) contiguous acres under single ownership or unity of title and have direct access to an adequate public right-of-way.

2.

Each lot of the subdivision must have sufficient parking based on use without consideration to any other lots, and parking shall be designed and calculated used on Town codes.

3.

The entire PIP parcel must meet perimeter greenbelt requirements with the only exception to the greenbelt requirements being between the individual lots.

4.

Each lot must meet the minimum requirement of being one-third (⅓) of an acre.

5.

The setback requirements for any buildings from perimeter property lines and/or right-of-way lines and other buildings shall meet formal requirements of the Town.

6.

The internal lot lines will not be considered as to setbacks. The only consideration shall be between building to building which shall be not less than twenty-five (25) feet between the buildings.

7.

Plans submitted shall indicate that the parcels shall have a minimum of a five-foot greenbelt area (2.5-foot minimum on each side of each parcel line) between the parcels except within ingress/egress easements.

8.

If development exists and the developer wishes to become a PIP, he must meet all the conditions of this special exception.

9.

For the special exception, a master site plan shall be submitted prior to a developer making a special exception application for a PIP. Said site plan shall set forth a master water, sewer and drainage system and ingress and egress routes. A plat shall accompany the master plan and will appropriately dedicate required easements for ingress/egress, the infrastructure, greenbelt, common areas and a limited access easement around the entire perimeter less entrances and exits. The developer shall also submit a declaration of restrictive covenants approved for legal form by the Town Attorney which shall run with the land and be binding upon its heirs, successors, assigns and personal representatives and upon all mortgagees and lessees and other presently or in the future having an interest in the property. The declaration shall contain the following necessary elements:

(a)

That the proposed site will be developed in substantial accordance with the proffered site plan. That no modification of the PIP or individual parcels shall be effectuated without the written consent of the Town Council of Mangonia Park, Florida.

(b)

That if the business property will be developed in phases, each phase will be developed in accordance with the site plan.

(c)

That in the event of multiple ownerships subsequent to site plan approval, each of the subsequent owners shall be bound by the terms, provisions and conditions of the declaration of restrictive covenants. The owner shall further agree that he or she will not covey portions of the subject property to other parties unless and until the owner and such party (parties) shall have executed and mutually delivered in recordable form; an instrument to be known as an Easement and operating agreement which shall contain among other things:

(i)

Easements in the common areas of each parcel for ingress to and egress from the other parcels;

(ii)

Easements in the common area of each parcel for the passage and parking of vehicles;

(iii)

Easements in the common area of each parcel for the passage and accommodation of pedestrians;

(iv)

Easements for access roads across the common area of each parcel to public and private roadways;

(v)

Easements for the installation, use, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such parcel;

(vi)

Easements on each such parcel for construction of buildings and improvements in favor of each such other parcel;

(vii)

Easements upon each such parcel in favor of each adjoining parcel for the installation, use, maintenance, repair, replacement and removal of common construction improvements, such as footings, supports and foundations;

(viii)

Easements on each such parcel for building overhangs and other overhangs and projections encroaching upon such parcel from adjoining parcels, such as, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like;

(ix)

Appropriate reservation of rights to grant easements to utility companies;

(x)

Appropriate reservation of rights to dedicate road rights-of-way and curb cuts;

(xi)

Easements in favor of each such parcel for roads; and

(xii)

Appropriate agreements between the owner of the several parcels as to the obligation to maintain and repair all private roadways, parking facilities, common areas and common facilities and the like.

These provisions or portions thereof may be waived by the Town Council if they are not applicable to the subject application. These provisions of the easement and operating agreement shall not be amended without prior written approval by the town attorney. In addition, such easement and operating agreement shall contain such other provisions with respect to the operation, maintenance and development of the parcel as to which the parties thereto may agree, all to the end that although the property may have several owners, it will be constructed, conveyed, maintained and operated in accordance with the approved overall site plan and with individual site plans when applicable.

(d)

The declaration of restrictive covenants shall be in effect for a period of thirty (30) years from the date the documents are recorded in the public records of Palm Beach County, Florida, after which time they shall be extended automatically for successive periods of ten (10) years unless released in writing by the owners and the Town Council of Mangonia Park, Florida.

(e)

Enforcement of the declaration of restrictive covenants shall be by action at law or in equity with costs and reasonable attorney's fees to the prevailing party.

(f)

The declaration of restrictive covenants shall contain a covenant outlining architectural parameters to insure a degree of uniformity through the PIP. Said covenant must be approved by the Town Attorney.

10.

Each individual parcel must proceed through County concurrency for traffic being subject to concurrency regulations prior to application for preliminary site plan review unless said PIP or parcel has been vested per County and Town law.

11.

The PIP developer is also required to submit a traffic generation study setting forth the maximum possible trips. Estimated projected traffic generation statements shall be based on maximum building coverage within the plat for each lot.

12.

The exterior building materials permitted shall consist of wood, stucco, cement or any other materials which will reflect a uniform architectural plan, and said plan must be approved by the Town Council and included in the restrictive covenants.

13.

The PIP shall be surrounded by landscaping per Town codes except for points of entry and exit as shown on master plan.

14.

The Town will not allow the developer to dedicate any portion of the plat to the Town for maintenance purposes.

15.

Signage shall be permitted by the Town in accordance with the sign code and detailed in the preliminary site plan review.

(a)

A main directory sign will be allowed which shall be indicated on the master plan. Maximum height shall not exceed twenty-five (25) feet. The directory sign must be reviewed and approved by the Town Council.

(b)

Each individual freestanding building may be allowed one (1) freestanding identification sign within one hundred (100) feet of the building within the property of said building provided said sign does not exceed ten (10) feet in height and does not extend above the first floor level and has no more than fifty (50) square feet per sign face.

(c)

The parcel may be permitted one (1) freestanding sign per access road provided said sign does not exceed ten (10) feet in height from the ground and has no more than two hundred (200) square feet per sign face.

(d)

No signs shall be permitted on the perimeter of the parcel other than as provided above and other than those signs specifically approved by the Town Council.

(e)

All signs shall conform to the architecture design and aesthetics of the building to which they refer. Each sign must be constructed in accordance with a sign plan which must be prepared by the applicant and approved by the Town Council prior to its erection. No flashing sign shall be permitted. Indirect lighting only shall be permitted.

(f)

Nothing herein shall preclude the use of:

(i)

Directional or internal traffic-control signs which shall be approved by the Town;

(ii)

Construction signs during construction or work abandonment which display the names of architects, engineers, developers, etc., and which do not exceed sixteen (16) square feet in area; and

(iii)

Real estate signs advertising individual parcels for rent, sale or lease which do not exceed eight (8) square feet in area. In the case of real estate signs, only one (1) single-faced or double-faced sign shall be permitted per parcel and shall relate only to the premises upon which the sign is located.

16.

Underground utilities within the PIP. All utilities, including telephone, television cable, electrical systems, etc., shall be installed underground. Permanent facilities providing service to the site may be exempted from this requirement by the Town Council. Appurtenances to the systems which require aboveground installation shall be adequately screened and may also be exempt of this requirements by the Town Council.

17.

Items 10., 13. and 15. shall be reviewed in detail at the time of the preliminary site plan review. However, a statement committing adherence of these conditions shall appear on the master plan.

18.

Items 12. and 16. shall be reviewed in detail at the time of the final site plan review. However, a statement committing adherence of these conditions shall appear on the master plan.

19.

All master, preliminary and final plans shall adhere to the Land Development Regulations of the Town of Mangonia Park.

(Ord. No. 10-90-514, § 1, 11-6-90)