The provisions of this article shall apply to all development order applications, including the following:

(a)

Standard rezoning, planned community district (PCD), planned unit development (PUD) including mixed use development (MXD), planned development area, and overlay district rezoning;

(b)

Site plan review;

(c)

Land development regulations text amendment;

(d)

Conditional use;

(e)

Variance;

(f)

Amendments to approved development orders;

(g)

Miscellaneous development order applications, except that subdivisions and plats and amendments thereto shall be governed by the provisions of Division 10, Article V of this chapter; and

(h)

Expiration of development approvals and time extensions.

(Ord. No. 17-2000, § 18, 7-20-00; Ord. No. 33, 2005, § 2, 12-1-05)

All development order applications, except for an application for development approval for a development of regional impact, shall comply with the requirements of the concurrency management system established herein. An application for development order approval shall not be accepted by the growth management department for processing unless accompanied by an approved concurrency certificate or an application to obtain a concurrency certificate. An application for development approval, if accompanied by an application to obtain a concurrency certificate, shall not be certified by the development review committee until concurrency is established.

(Ord. No. 17-2000, § 19, 7-20-00; Ord. No. 29-2004, § 2, 8-19-04)

(a)

Compliance. Applications for development order approval shall be reviewed as indicated in Table 1 and comply with all requirements of this chapter.

(1)

Development review schedule. Review of all applications for development order approval shall be consistent with the requirements of Table 2 and state statutes.

(2)

Public hearings and workshops. All applications for development orders to consider rezonings, major conditional uses, development order amendments, and land development regulations text amendments shall be subject to an advertised public hearing by the planning, zoning, and appeals board and the city council. Prior to scheduling a public hearing, the growth management department staff may schedule one or more workshops to review the application with the planning, zoning, and appeals board.

(3)

Joint workshops. The city manager may schedule a joint planning, zoning, and appeals board/city council workshop to review any development order application of such size, nature, or complexity as to require timely consideration and direction from both bodies.

(b)

Planning, zoning and appeals board workshops and public hearings.

(1)

Workshops. The planning, zoning and appeals board may consider the comments and recommendations from the development review committee and growth management department staff at one or more workshop meetings.

Table 1: Development Order Review

*See Division 10, Article 5 of this Chapter.

Table 2: Development Review Schedule

Notes:

¹ For sufficiency review and staff decision, time frames shall be counted in calendar days and not working days, for consistency with state statutes.
² This timeframe may be extended, pursuant to state statutes, if an extension is granted by the director of planning and zoning.

(2)

Request for additional information. When an application is considered by the planning, zoning, and appeals board at a workshop or public hearing, additional information regarding the application may be requested.

a.

The requested information shall be submitted by 12:00 noon at least ten working days, excluding holidays, prior to next scheduled planning, zoning, and appeals board meeting.

b.

When the additional information requires the review of any development review committee member, the information shall be submitted by 12:00 noon at least 12 working days, excluding holidays, prior to the next scheduled planning, zoning, and appeals board meeting. At the meeting when the additional information is requested, the response period may be reduced to ten working days, excluding holidays, by the growth management director.

(3)

Public hearing. The growth management department staff shall schedule a public hearing or public meeting to consider the application. Public notice shall be provided as required in section 78-54.

(c)

Record of proceedings. The planning, zoning, and appeals board shall conduct a public hearing and shall prepare a record of the proceedings on each development order application. The record shall be filed in the growth management department and shall be a public record.

(d)

Transmission of recommendation to city council. For each development order application, the planning, zoning, and appeals board shall act as indicated below.

(1)

Recommendations. Adopt a recommendation to approve, deny, or approve the development order application with conditions. The recommendation shall be transmitted to the city council.

(2)

Approval. Approve, deny, or approve with conditions those development order applications subject to their jurisdiction.

(e)

City council consideration.

(1)

Workshop meeting or first reading. After receipt of a recommendation from the planning, zoning and appeals board, the city council shall schedule first reading. At such meeting, the city council shall consider the comments and recommendations from the planning, zoning, and appeals board, the growth management department staff, and the development review committee, as applicable. An application for development approval may be considered at one or more workshop meetings or regular meetings.

(2)

Request for additional information. When an application has been considered by the city council at a workshop or public hearing, additional information regarding the application may be requested.

a.

The requested information shall be submitted by 12:00 noon at least 19 working days, excluding holidays, prior to the next scheduled city council meeting.

b.

When the additional information requires the review of any development review committee member, the information shall be submitted by 12:00 noon at least 12 working days, excluding holidays, prior to the next scheduled city council meeting. At the meeting when the additional information is requested, the response period may be reduced by the city manager.

(3)

City council decisions. Following the required public hearing or hearings, the city council shall approve, deny, or approve with conditions all applications for development order approval. For decisions adopted by ordinance, the decision shall be consistent with the requirements of F.S. Chapter 166. For any other action, the decision shall be adopted in resolution form, or such form as may be prescribed by the city council. The ordinances and resolutions adopted hereunder shall indicate the following:

a.

The city council decision;

b.

The reasons supporting the decision;

c.

A statement that the approval included reliance on all representations made by the applicant or applicant's agents at any workshop or public hearing;

d.

All conditions of approval included within the decision; and

e.

Specific reference to all documents, including but not limited to the name of preparer, title of the document, date of preparation, all studies, master plans, site plans, landscape plans, architectural elevations, and similar materials which are the basis of or are to be implemented as part of the development order approval.

(4)

Reconsideration.

a.

Rezoning. Any parcel, or substantially the same parcel, subject of a rezoning application, including a standard rezoning, rezoning to a planned development district, rezoning to planned community district or planned unit development, rezoning to planned development area, or overlay rezoning, which has been denied by the city council shall not be eligible for reconsideration again by the planning, zoning, and appeals board or the city council for a rezoning to the same classification for one year from the date such application was denied by the city council.

b.

Other development orders. Any parcel, or substantially the same parcel, subject of an application for development order approval, including any form of conditional use, variance, major or administrative site plan review, or development order amendment, which has been denied by the city council, planning, zoning, and appeals board, or growth management director shall not be eligible for reconsideration for six months from the date the application was denied.

(f)

Notice of public hearings. After completion of planning, zoning, and appeals board or city council workshop or workshops to consider an application, the growth management department staff shall schedule the required public hearings to consider the application. Public notice shall be provided as required in section 78-54.

(g)

Preliminary review of large scale developments. In order to provide preliminary comments regarding potential applications for large scale development prior to the formal development review process, the city council may consider such projects at one or more workshop meetings. The workshop meetings shall be utilized by the city council to provide nonbinding comments to an applicant as a means to reduce the amount of resources expended in preparation of plans and formal applications for the city's development review process. Preliminary review meetings are to be scheduled at the request of an applicant, and shall be at the risk of an applicant. Requests for preliminary review shall be based upon the requirements provided herein.

(1)

Minimum threshold. The potential application must be of a size that is at or above 80 percent of the numerical thresholds for a development of regional impact, as specified in F.S. ch. 380. A potential application must be presented in a conceptual or preliminary design phase.

(2)

Request for review. A request for preliminary review shall comply with the standards listed below.

a.

The request for preliminary review shall be submitted to the growth management department in writing.

b.

The request for preliminary review shall be accompanied by such fees as approved by the city council.

c.

A request for preliminary review shall include a pre-application conference, prior to any city council workshop.

(3)

Staff analysis. Staff analysis of a request for preliminary review shall be limited to a summary of the application. The analysis shall not include any determination of consistency with the comprehensive plan, land development regulations, or concurrency requirements. The preliminary report also shall not include any proposed recommendations or conditions of approval.

(4)

Workshop meetings. One or more workshop meetings to conduct a preliminary review shall be scheduled with approval of the city council.

(h)

Public workshop meetings. In order to provide an opportunity for public comments and to inform the neighboring residents of the nature of any proposed land use(s), development features, or site plans, a noticed public workshop may be required to be held before the planning, zoning, and appeals board prior to the required public hearing for recommendation to city council. The workshop meetings shall be utilized by the planning, zoning, and appeals board to provide non-binding comments to an applicant from residents and board members as a means to give the public additional opportunities for comment in the development review process. Public workshops shall be based upon the requirements provided herein.

(1)

Applicants for any of the following development orders may be required at the discretion of the growth management director to have a noticed public workshop before the planning, zoning, and appeals board prior to a public hearing for recommendation to city council:

a.

Amendments to the future land use map.

b.

Rezoning.

c.

Major conditional uses.

d.

PCD and PUD applications.

e.

Major site plans.

f.

Substantial amendments to the foregoing, as determined by the growth management director, that require action by the city council.

(2)

The purpose of the public workshop shall be to solicit comments from and to inform the neighboring residents of the nature of any proposed land use(s), development features, or site plans. The growth management director may promulgate administrative procedures pertaining to any additional requirements for the conduct of the meeting. The applicant shall adhere to the following requirements:

a.

The public workshop meeting shall be conducted after the development review committee (DRC) meeting and prior to an advertised public hearing for recommendation to city council by the planning, zoning, and appeals board.

b.

The applicant shall be required to send notice of the meeting to all residents within 500 feet of the subject site via first-class mail at least 14 days prior to the meeting. The growth management director shall have the discretion to extend the notice area. The applicant shall submit an affidavit to the city's growth management department with a list of noticed property owners at least ten days prior to the meeting. The notice shall comply with the public notice requirements as outlined in subsection 78-54(b).

(i)

Withdrawal of development order application. A development order application shall be declared withdrawn in the event the applicant has not responded within 30 days to a request from the growth management director or designee, the planning, zoning, and appeals board, or the city council for additional information, plans, or other materials. The growth management director may grant one additional 30-day period in which the applicant shall respond to the request for additional information or materials, but the applicant must request the extension prior to the expiration of the first 30-day period.

(j)

Reserved.

(k)

Timeline for final action. All development orders shall be reviewed and approved, approved with conditions, or denied in a timely manner consistent with state statutes and city ordinances. An Applicant for development order approval that cannot meet the established timeline for approval may submit a reasonable request for an extension of time from the growth management director, which may be granted pursuant to state statutes.

(Ord. No. 17-2000, § 20, 7-20-00; Ord. No. 17-2004, § 5, 6-3-04; Ord. No. 29-2004, § 3, 8-19-04; Ord. No. 6, 2005, § 4, 5-5-05; Ord. No. 27, 2005, § 2, 10-20-05; Ord. No. 33, 2005, § 2, 12-1-05; Ord. No. 36, 2009, § 2, 1-7-10; Ord. No. 4, 2020, § 2, 5-7-20; Ord. No. 6, 2022, § 2, 7-14-22; Ord. No. 5, 2024, § 2, 7-11-24)

(a)

Concurrent processing. The city may accept or process applications for concurrent approvals of a development order with a comprehensive plan amendment (CPA), a development of regional impact (DRI), a planned community overlay district (PCD), a planned unit development overlay district (PUD), or an amendment to any of the foregoing.

(b)

City council considerations. In determining whether or not to accept or process concurrent development applications, the city council may consider the following:

(1)

Comprehensive plan amendment (CPA). If a CPA is proposed, whether the proposal:

a.

Will result in a land use which is incompatible with surrounding uses, including land uses within and outside the city's municipal boundaries;

b.

Has been the subject of an objection raised via the Interlocal Plan Amendment Review Committee (IPARC) or the Countywide Issues Forum; and

c.

The proposed CPA is consistent with and furthers the goals set forth in the city's "vision statement," entitled "Our Vision - A Strategic Plan" dated December 5, 1996.

d.

Meets the transportation standards included in Sections 78-612. through 78-644.

(2)

DRI, PCD, or PUD application. Whether an application for approval of a DRI, PCD, or PUD, or amendment thereto, has received an objection from a neighboring jurisdiction that has been raised through the development review committee process.

(3)

Level of service. Whether an application for approval of a DRI, PCD, or PUD, or amendment thereto, complies with adopted level of services standards or complies with the city's concurrency requirements.

(4)

City benefit. Whether concurrent processing will benefit the city and will not cause an undue burden or adverse impact to the city.

(c)

Cessation of processing. If at any time during the concurrent processing, an applicant fails to satisfy any of the criteria of this section, such as the filing of an objection with the city, then concurrent processing shall immediately cease. The applicant is responsible at all times to comply with the requirements and criteria for concurrent processing and bears all risks for failure of an application to proceed in a timely fashion.

(d)

Concurrent processing agreement. At the city's discretion, an applicant may be required to enter into a concurrent processing agreement. The agreement shall set forth any and all conditions which the city deems necessary to ensure master planning or site planning of the affected site is completed. The city may include reasonable restrictions or limitations on use of the affected property. Acceptance of the agreement by the applicant shall be a prerequisite for approval of concurrent processing. The city council, by resolution, shall approve all concurrent processing agreements and amendments thereto.

(Ord. No. 17-2000, § 21, 7-20-00; Ord. No. 29-2004, § 4, 8-19-04; Ord. No. 9, 2020, § 1, 9-10-20)

Before submitting an application for development order approval, an applicant shall meet with the growth management department to discuss the application, the procedure for review, and the applicable goals, policies, and objectives of the city's comprehensive plan and the requirements of this chapter. The growth management director may waive this requirement.

(Ord. No. 17-2000, § 22, 7-20-00)

(a)

Single application. All properties within a single application must be contiguous or be the subject of separate application and filing fees.

(b)

Applications. All applications for development order approval shall be submitted to the growth management department. All applications shall be filed on forms provided for that purpose by the growth management department. All applications shall be accompanied by such supporting documentation as required by these land development regulations or by the growth management department.

(c)

Completeness review. Within 30 calendar days excluding holidays, after receipt of an application, the growth management department shall determine that the application is complete or incomplete.

(1)

Complete application. A complete application includes the following:

a.

All information required to accompany the application;

b.

All information required is complete, prepared in accordance with professionally acceptable standards, and is consistent with the development order application;

c.

All fees required by the city; and

d.

The required number of copies.

The growth management director shall notify an applicant in writing if the application is determined to be complete.

(2)

Incomplete application. If the application is not complete, it shall not be subject to further review until all identified deficiencies have been remedied. The applicant shall be notified in writing that the application is incomplete, and the specific deficiencies that have been identified. Within 30 days of the date of the notification, the applicant shall submit all information necessary to remedy the deficiencies. The director may waive the 30-day requirement if reasonable progress is being made to remedy the application. An application shall not be subject to further review until all deficiencies are remedied. Failure of an applicant to respond within the 30 days to a notice of deficiency shall void the application.

(d)

Development review committee. The development review committee (DRC) shall review all applications as provided herein.

(1)

The growth management department shall forward the completed application to the members of the DRC, who shall review the application and shall submit their comments and recommendations to the growth management department director not more than 14 days working days following receipt of the complete application. Incomplete submittals by applicants, review of environmental factors, lack of or incomplete responses to requests for additional information, complexity of the application, or need for additional information may delay DRC review and comments. In reviewing the application, the members of the DRC shall consider the following criteria:

a.

Conformity of the proposed development with the comprehensive plan, this chapter, and other applicable ordinances of the city;

b.

Characteristics of the site and surrounding area, including important natural and manmade features, the size and accessibility of the site, and surrounding land uses;

c.

Natural and environmental resources present on the site;

d.

The nature of the proposed development, including land use types and densities;

e.

Compatibility with adjacent land uses;

f.

Conformity with city transportation standards and Palm Beach County traffic performance standards, as applicable.

g.

Impact on public safety services;

h.

Impact on public schools, unless otherwise addressed as a requirement of the city's concurrency management system; and

i.

Crime Prevention Through Environmental Design (CPTED) principles; and

j.

Other applicable factors and criteria prescribed by the city.

(2)

Request for additional information. When an application has been considered by the DRC, additional information regarding the application may be requested.

a.

The requested information shall be submitted by 12:00 noon at least seven working days, excluding holidays, prior to the next scheduled DRC or planning, zoning, and appeals board meeting, as applicable.

b.

When the additional information requires the review of the city engineer, the information shall be submitted by 12:00 noon at least 15 working days, excluding holidays, prior to the next scheduled DRC or planning, zoning, and appeals board meeting, as applicable.

(3)

DRC certification and approval. Certification of an application by the development review committee is contingent upon such factors as a complete application, compliance with all comprehensive plan and land development regulation requirements, receipt of all requested additional information, and satisfaction of all comments. Certification of an application by the development review committee is mandatory prior to any further processing of a development order application. After an application for a major conditional use is certified by the development review committee, the application shall be scheduled for a public hearing before the planning, zoning, and appeals board.

(4)

In the review of minor conditional use applications, the development review committee shall approve, with or without conditions, or deny the application. Following a decision by the development review committee, the growth management director shall issue a written order consistent with the decision of the DRC.

(e)

Application requirements. Applicants for development order approval shall submit the information required by these regulations or such additional or amplifying information as may reasonably be required by the growth management department. Additional copies may be requested by the department director. A description of information or items that may be requested is set forth hereinbelow.

(1)

Application. Application forms as provided by the growth management department.

(2)

Aerial photograph. An aerial photograph of the appropriate section, township and range of the city, outlining the subject property and delineating all contiguous zoning districts.

(3)

Architectural elevations of buildings.

a.

Standard elevations. Illustrations of major architectural elevations of buildings or structures for style of architecture, height in stories, type of building materials, exterior colors, unusual features, entries, windows, roof line, other elements; this shall also include building floor plans and roof plans. For a phased development, this information need not be provided for structures or improvements proposed for future development.

b.

Color renderings. Three-dimensional color renderings of building elevations, at a scale consistent with the architectural elevations required herein, illustrating building elevations at ground level.

(4)

Area location map. Vicinity map of the area within one mile surrounding the site, including the following:

a.

Principal roadway, bicycle, and pedestrian network, and mass transit routes;

b.

Major public facilities such as public schools, city and county parks and recreation areas, hospitals, public buildings, etc.; and

c.

Municipal boundary lines.

(5)

Authority. A statement of the applicant's interest in the property and:

a.

If joint and several ownership, written consent of all owners of record, or written authorization by the master association, if applicable;

b.

If a contract purchase, written consent of the seller or owner;

c.

If an authorized agent, a copy of the agent's authorized agreement or written consent of the owner;

d.

If a lessee, a copy of the lease agreement and written consent of the owner;

e.

If a corporation, partnership, or other business entity, the name of the officer or person responsible for the application and written proof that the representative has authority to represent the corporation, partnership, or business entity or, in lieu thereof, written proof that such person is in fact an officer of the corporation; or

f.

If a group of contiguous property owners are requesting an individual amendment only affecting their specific lots and not impacting property owned by the master association, all the owners of the property described in the petition must provide written consent.

g.

Notwithstanding any other regulation or provision set forth in this section 78-46, all applications to amend a planned development (PUD, PCD, MXD, and the like) must be accompanied by the written consent of the original applicant for the subject planned development or the current successor in interest, as applicable. "Current successor in interest" shall mean that person or entity that has purchased, received, and/or assumed responsibility and/or direct controlling authority for the planned development.

(6)

Certified boundary survey. A certified boundary survey by a surveyor licensed by the State of Florida. The survey shall have been completed within one year of the date the application is submitted. The survey shall be prepared at a scale of not less than one inch equals 200 feet containing the following:

a.

A legal description of the property to be rezoned; and

b.

A computation of the total acreage of the parcel to the nearest tenth of an acre.

(7)

Concurrency. Written confirmation from the applicable service providers of the availability of all necessary facilities and systems, as indicated below, for stormwater management, potable water, sanitary sewer, solid waste disposal, fire protection, recreational and park areas, and transportation system capacity. If written confirmation of service availability is provided on a regular basis by a service provider, the applicant is not responsible for securing written confirmation. This paragraph shall not apply to applications for development approval for developments of regional impact.

a.

Utility statement. A statement from the Seacoast Utility Authority, or other lawful service provider, that the proposed development will be able to connect to the system and that there is sufficient capacity available to meet adopted levels of service for potable water and sanitary sewer.

b.

Drainage statement. A drainage statement by the applicant's engineer that the site drainage system will be designed to meet the stormwater management requirements of the South Florida Water Management District and the city's land development regulations. The statement also will demonstrate the provision of legal positive outfall meeting the adopted level of service. Additional supporting calculations for larger projects may also be required by the growth management director or designee.

c.

Park services statement. A statement, when applicable, from the city's director of parks and recreation, that the proposed project will not exceed the levels of service for public parks.

d.

Fire protection. A statement from the city's fire department that the proposed project will not exceed the levels of service for fire protection.

e.

Solid waste. A statement from the Solid Waste Authority of Palm Beach County that the proposed project will not exceed the adopted levels of service standards for solid waste disposal. This requirement may be waived if the Solid Waste Authority provides the city with an annual statement that solid waste capacity is available.

f.

Transportation studies.

1.

West of the Beeline Highway - A traffic impact study (TIS) for review of Palm Beach County traffic performance standards shall be filed with the city, who shall be responsible for submission to Palm Beach County, when applicable as outlined below:

a.

More than 100 peak hour trips. A statement from the county engineering department that the project, if generating 100 or more peak hour trips, conforms to the Palm Beach County traffic performance standards, as amended, and that the project-generated trips are reserved.

b.

Less than 100 peak hour trips. A statement from the city engineer that the proposed project, if generating less than 100 peak hour trips, conforms to the traffic performance standards adopted by both the county and the city, and that the project-generated trips are reserved.

2.

East and West of the Beeline Highway - A site assessment study (SAS) for review by the city engineer only. A statement from the city engineer that the proposed project meets transportation standards adopted by the city. Transportation concurrency is not required east of Beeline Highway.

(8)

Environmentally sensitive lands. Environmental assessment, when applicable, addressing the requirements of all applicable environmental ordinances, criteria, and standards, including division 4 of article V.

(9)

Filing fees. The applicant shall pay the official filing fees, as required by the city, at the time of application filing.

(10)

Landscape plan. A landscape plan which includes the location of landscape buffers or screening walls along external collector and arterial roads, with landscape plans for entrance features, buffers, common areas, parking and vehicular use areas, and all other areas in compliance with division 7 of article V.

(11)

Other documentation. Other documentation or professional studies necessary to permit satisfactory review of a development order application consistent with the following: the policies of the city's comprehensive plan and the requirements of this chapter. The determination of the need for such other documentation shall be made by the growth management director.

(12)

Property owners list. A complete list of all property owners and mailing addresses for all property within 500 feet of the subject parcel as recorded in the latest official tax roll in Palm Beach County. An affidavit must be furnished attesting to the completeness and correctness of the list.

(13)

School impact. A statement, when applicable, from the school district specifying the anticipated impact on public schools and the need for public school sites in the general area of the proposed development. If a countywide school concurrency requirement is established, a school impact statement is not necessary.

(14)

Signs. Architectural elevations of all signs on the site indicating the location, size, landscaping, design lettering, types of materials, colors, and other features.

(15)

Statements. Statements of comprehensive plan consistency, planning assumptions, and use, as indicated below.

a.

A statement of the basis of the application for development order approval for the property, including the intended use.

b.

A narrative describing how the intended plan of development complies with the City of Palm Beach Gardens comprehensive plan.

c.

A statement by the applicant of the major planning assumptions and objectives of the development project, including but not limited to:

1.

Projected population, if applicable;

2.

Proposed ownership and form of organization to maintain common open space facilities; and

3.

Proposed density and land use for each parcel within the project, if applicable.

d.

A statement of the impact the development order application, if approved, will have on the city's public safety services, including police, fire, and emergency medical services.

(16)

Warranty deed. A warranty deed with an affidavit from the applicant that the deed represents the current ownership.

(f)

Master development and site plans. In addition to the application requirements listed above, the master development or site plans listed below shall be provided.

(1)

Plans required. The following plans shall be provided:

a.

Planned community district (PCD): PCD master plan;

b.

Planned unit development (PUD): PUD master plan;

c.

Parcels within an approved PCD or PUD: site plan; and

d.

Major or minor site plans: site plan.

(2)

Plan requirements. Requirements for master development or site plans are listed below, and are summarized in Table 3.

a.

Topographic. A topographic survey, certified by a surveyor licensed in the State of Florida, showing existing contours at one-foot intervals based on field surveys or photogrametric surveys, and extending a minimum 100 feet beyond the perimeter of the property.

b.

Environmental. Identification of conservation and environmentally significant areas. Proof of compliance with all applicable environmental standards.

c.

Phasing.

1.

Proposed number of project phases, including total acreage in each phase, and gross nonresidential intensity (square feet) and gross residential density of each phase.

2.

Preliminary schedule of development, including the staging and phasing of areas and improvements as indicated below: areas to be developed in chronological order of scheduling; the construction of streets, utilities, and other improvements necessary to serve the proposed development; the dedication of land to public use; and the installation of active and passive recreation facilities.

d.

Residential. All plans shall provide the following: number, height and number of stories, and type of residential units, whether single-family, zero lot line, townhouses, apartments, etc. Nonresidential uses complementary to residential areas, such as places of worship, schools, and day care facilities, shall be identified for possible inclusion in the overall development order.

e.

Nonresidential. All plans shall provide the following: gross floor area, building height and number of stories, and types of office, commercial, industrial and other proposed nonresidential uses. All plans or applications shall indicate nonresidential uses proposed for inclusion within the overall development order.

f.

Land area and open space. Total land area, and approximate location and amount of open space included in each residential, nonresidential, or mixed use area, and a summary of the form of organization proposed to own and maintain such areas.

g.

Circulation. All plans shall provide the information listed below.

1.

Approximate location of proposed and existing streets, pedestrian, and bicycle routes.

2.

Locations, centerlines and ultimate widths of rights-of-way for existing roads, streets, intersections, and canals within the proposed project.

3.

Locations, centerlines and ultimate widths of rights-of-way for roads, streets, intersections, and canals proposed to be located within the proposed project.

4.

All locations and ultimate widths of existing and proposed rights-of-way or easements providing vehicular access to and from the site.

5.

A written statement specifying how proposed rights-of-way are to be conveyed or dedicated to the city, county, or state.

h.

Public uses. All plans shall provide the information listed below.

1.

The approximate location and acreage of any proposed public uses such as parks, school sites, fire stations, and similar public or semipublic uses.

2.

A written statement specifying how land for public purposes is to be conveyed to the proper public agency.

i.

Easements. All plans shall provide the information listed below.

1.

Location and width of proposed and existing utility, drainage, access, and similar easements, provided, however, that PCD master plans and PUD master site plans are not required to provide information regarding proposed easements.

2.

Location of existing utility lines and utility facilities adjacent to and traversing the subject site.

3.

A written statement specifying how proposed easements are to be conveyed.

4.

Location, if known, of proposed landscape buffers, open space, and preserve areas.

j.

Existing structures. All plans shall provide the following: the location of all existing structures on the site, as well as those structures located within 100 feet of the perimeter of the site.

k.

Signs. All plans shall provide the following: proposed signage locations, sign types, sign dimensions, and typical details, including landscaping. For PCD master plans, this requirement may be waived by the growth management director.

l.

Lighting. Lighting plan of all exterior lighting, including ground and building mounted fixtures, location, height, type, foot-candle, cut sheets, photometrics, and such other information as may be required by the city engineer. For PCD master plans, this requirement may be waived by the growth management director.

m.

Project data. Project data including the following:

1.

north arrow (north up whenever possible);

2.

scale (graphic and written);

3.

name of development and project name (if different);

4.

firm name, address, and telephone number;

5.

township, section, and range;

6.

city petition number (on revisions);

7.

date plans prepared and subsequent revisions;

8.

total acreage of site;

9.

boundary dimensions;

10.

dimensions of all plan elements, typicals where applicable;

11.

open space computation, including community-serving open space;

12.

zoning districts of the site and all parcels within 150 feet;

13.

future land use map designation of the site and all parcels within 150 feet;

14.

building height;

15.

location, size, number and type of waste and recycling receptacles, including typicals;

16.

the use, approximate dimensions, and location of all proposed buildings and other principal structures;

17.

lot coverage of all principal structures;

18.

parking spaces required and proposed number to be provided, dimensions of parking and handicap spaces, and location and dimensions of all loading spaces provided;

19.

building setbacks or separations; and

20.

bicycle parking provided onsite. For PCD master plans, the growth management director may waive the requirement for including certain types of project data if such data is not compatible with the more generalized nature of such plans.

n.

Future land use plan and zoning designations. All plans shall provide the following:

1.

zoning designation of the site and all parcels within 150 feet; and

2.

future land use designation of the site and all parcels within 150 feet.

o.

Description of future plan of development. A written description of the intended plan of development, clearly indicating how approval of the PCD or PUD will benefit the future occupants of the proposed development and the City in general.

p.

Compliance. Proof of compliance with all applicable conditions of the planned community district.

q.

Contiguous property. All plans shall indicate property contiguous to the area subject to the application, including area under the ownership or control of the applicant, the future land use plan designation, and the zoning district designation.

r.

Unified control.

(1)

Evidence of unified control of the entire area within the PCD or PUD shall be required.

or

(2)

If the PCD is part of an approved development of regional impact (DRI), the unified control shall not be required for any modifications to the approved DRI/PCD, including any modification that adds property to the PCD as long as the additional property is contained within the DRI, if sufficient guarantees for adequate operation and maintenance of common facilities in the modification area are provided to the satisfaction of the growth management director.

s.

Owners' agreement.

(1)

An agreement signed by all owners within the PCD or PUD or written authorization from the master association which includes their commitment to comply with the requirements listed below.

(a)

Proceed with the proposed development in accordance with the requirements of this chapter and with all conditions of approval adopted by the city council.

(b)

Proceed with completion of the development consistent with the plans approved by the city council.

(c)

Perpetual operating and maintenance of those areas, functions, and facilities that are not to be provided, operated, or maintained by the city pursuant to the development order approval or other written agreement.

(d)

Bind their successors in title to comply with all requirements of the development order approval, all requirements of this chapter, all provisions of the owner's agreement, or all provisions of other written agreements or commitments made as part of the overall development order approval.

or

(2)

If the PCD is part of an approved development of regional impact (DRI), the agreement signed by all owners of the DRI/PCD shall not be required for any modifications to the approved PCD, including any modification that adds property to the PCD as long as the additional property is contained within the DRI, if sufficient guarantees for adequate operation and maintenance of common facilities in the modification area are provided to the satisfaction of the growth management director.

Table 3: Master Plan/Site Plan Requirements

Notes:
✓=Information to be provided       Blank=Information not required

(Ord. No. 17-2000, § 23, 7-20-00; Ord. No. 17-2004, § 5, 6-3-04; Ord. No. 29-2004, § 5, 8-19-04; Ord. No. 6, 2005, § 5, 5-5-05; Ord. No. 3, 2005, § 2, 7-21-05; Ord. No. 31, 2009, § 1, 10-15-09; Ord. No. 13, 2017, § 1, 5-4-17; Ord. No. 4, 2020, § 3, 5-7-20; Ord. No. 9, 2020, § 2, 9-10-20; Ord. No. 6, 2022, § 3, 7-14-22; Ord. No. 5, 2024, § 3, 7-11-24)

(a)

Rezoning, standard. For the purpose of this chapter, standard rezoning shall mean rezoning of a property to any zoning classification other than planned community district, planned unit development district including mixed use development district, planned development area, or overlay districts. The development order application for a standard rezoning shall be subject to the development review process as provided in this chapter and as indicated in Table 1.

(b)

Planned community district overlay rezoning. The development order application for a rezoning to a planned community district shall be subject to the development review process as provided in this chapter and as indicated in Table 1. In addition, a development order application for a planned community district overlay rezoning shall include a master development plan as provided in division 1 of this article.

(c)

Development of parcels within a planned community overlay zoning district. Development of each parcel within an approved planned community overlay district with an approved master development plan shall be subject to the site plan review procedure, as established in division 1 of this article.

(d)

Planned unit development overlay district rezoning. The development order application for a rezoning to planned unit development overlay zoning district shall be subject to the development review process as provided in this chapter and as indicated in Table 1.

(e)

Planned development area rezoning. The development order application for a rezoning to a planned development area shall be subject to the development review process as provided in this chapter and as indicated in Table 1. In addition, a development order application for a planned development overlay rezoning shall include a master site development plan as provided in division 1 of article III.

(f)

Overlay district rezoning. The development order application for a rezoning to an overlay district shall be subject to the development review process as provided in this chapter and as indicated in Table 1.

(g)

Application requirements. All applications for development order approval for a rezoning shall include the application requirements as described herein.

(Ord. No. 17-2000, § 24, 7-20-00)

(a)

Site plan review. The development order application for a site plan review shall be subject to the development review process as provided herein and as indicated in Table 1.

(b)

Application requirements. All applications for development order approval for a site plan review, excluding parcels located within a planned community district, shall include the application requirements as described herein.

(c)

Categories of site plan review. The following categories of site plan review are established:

(1)

Exempt;

(2)

Major; and

(3)

Administrative.

(d)

Exempt site plans. The following development order applications are exempt from any site plan review, unless such applications are considered a major, minor, or administrative site plan review pursuant to this section:

(1)

Building permits for single-family;

(2)

Repairs or renovations to residential or nonresidential structures when the improvements shall be made to the interior of the structure or when the facade, roofline, or exterior dimensions of the structure shall not be changed; and

(3)

Construction or installation of ground level improvements to any structure which change the exterior dimension, such as concrete pads, or permanent flower or planter boxes.

(e)

Major site plans. The following development order applications are considered a major site plan review if the application exceeds one or more of the criteria listed below:

(1)

The proposed development involves land and water area which exceeds three acres;

(2)

The proposed development is a residential project of more than 12 dwelling units;

(3)

The proposed development involves more than 30,000 square feet of nonresidential floor space; and

(4)

Any application the growth management director designates as a major site plan because the proposed development is part of a larger parcel for which additional development is anticipated that, when aggregated with the project in question, exceeds the limits established herein.

(f)

Administrative site plan changes. Administrative changes to site plans may be approved by the growth management director or designee, following DRC review, as provided herein. Administrative changes shall include those changes not classified as a major site plan as defined at subsection 78-48(e) or as a major amendment to an approved development order as defined at subsection 78-49(b).

(Ord. No. 17-2000, § 25, 7-20-00; Ord. No. 19, 2004, § 2, 11-18-04; Ord. No. 5, 2024, § 4, 7-11-24)

(a)

Amendments to approved development orders. Criteria for amendments to approved development orders, including site plans, master plans, architectural elevations, conditions of approval, developer's agreements, project phasing, etc., are established by this section. For the purpose of this section, two types of amendments are created:

(1)

Major amendments; and

(2)

Minor amendments.

(b)

Major amendments. Development order applications for major amendments are reviewed in the same manner as the original application. Major amendments to approved development plans include the changes listed below.

(1)

Increase of intensity. Any change in nonresidential intensity which, in combination with prior minor amendments, cumulatively exceeds the limitations or standards listed below.

a.

Relocation or new square footage. Any proposed relocation or new square footage of the approved number of gross square footage which is equal to or greater than five (5) percent of the approved gross square feet of all nonresidential structures.

b.

Decrease in required parking. Unless otherwise provided in this chapter, any proposed decrease of the existing number of parking spaces which is the greater of five percent of the existing parking spaces or 20 parking spaces. Decreases in required parking otherwise requiring action by the planning, zoning and appeals board or the city council shall not be considered a major amendment for the purpose of this section.

c.

Increase in the number of structures. Any proposed increase in the number of principal or accessory structures that changes the overall intent of the original approval.

d.

Any proposed reduction of heavily utilized parking spaces as determined by the growth management director.

(2)

Increase in density. Any increase in the approved number of residential units.

(3)

Increase in building height above the height permitted in the applicable zoning district.

(4)

Utility facilities. Any addition or relocation of outdoor utility facilities, including, but not limited to, the following: chillers, air-conditioning units, above-ground fuel tanks including propane or natural gas, electrical equipment such as junction boxes, and ground-mounted service boxes for public utilities such as telephones and cable television, which are deemed to be substantial by the growth management director. This shall not apply to single-family lots or duplex lots.

(5)

Boundary changes. Any proposed boundary change of the approved development plan.

(6)

Traffic impact. Any increase in overall traffic impact, except as may be provided in this chapter.

(7)

Character and appearance. Any amendment which would negatively impact the character or the appearance of an approved development.

(8)

Amenities. Any amendment which would materially decrease the number or size of amenities in all or a portion of any residential or nonresidential development.

(9)

Residential unit types. Any change in the approved mix of residential dwelling unit types that would require alterations of an approved plat.

(10)

Architectural style. Any change in the approved architectural style of residential dwelling unit types or nonresidential structures which results in:

a.

An architectural style that is out of character with the approved or existing architecture (e.g., change from Mediterranean style to neo-classical).

b.

New residential models that are substantially different from approved models.

(11)

Building materials. Any significant changes in exterior building materials that result in a downgrade as determined by the growth management director.

(12)

Changes to phasing or conditions. Any changes to an approved development phasing plan or any condition of development approval.

(13)

Changes to developer's agreements. Any changes to an approved developer's agreement.

(14)

Other changes. Any change to an approved plan or any change to an approved plan when considered cumulatively with prior minor amendments which, as determined by the growth management director, deviates materially from the approval granted by the planning, zoning, and appeals board or city council.

(c)

Minor amendments. Minor amendments are changes to approved development orders that are not considered major amendments as previously defined. Minor amendments may be approved by the growth management director in consultation with other city staff and the development review committee. For the purpose of this section, site improvements such as the following are not considered a major amendment:

(1)

Removal of parking spaces to preserve existing trees; creation of required utility easements;

(2)

Relocation of parking due to loss of site area to accommodate widening of public rights-of way; and

(3)

The installation of landscaping, screening, or buffering associated with city-approved improvements to a nonconforming lot or structure.

(d)

Administrative variances. The growth management director or designee may issue administrative variances pursuant to the following conditions:

(1)

Structural encroachments into setbacks of no more than ten percent. The growth management director may issue an administrative variance for structural encroachments into a setback of no more than ten percent of the setback, provided the structural encroachment does not encroach upon an easement.

(2)

Conditions. The growth management director may impose such conditions in a development order granting an administrative variance as are necessary to accomplish the goals, objectives, and policies of the Comprehensive Plan and this section, including, but not limited to, limitations on size, bulk, location, requirements for lighting, and provision of adequate ingress and egress.

(3)

Standards for granting administrative variances. When considering an administrative variance, the growth management director must determine that a) the variance is necessary because of practical difficulty peculiar to the land, structure, or building involved and which is not applicable to other lands, structures, or buildings in the same zoning district; b) the variance is the minimum variance necessary to alleviate the practical difficulty; and c) the variance will be in harmony with the general intent and purpose of the zoning code, and will not be injurious to the area involved or otherwise detrimental to the public welfare.

(4)

Expiration of administrative variances. An administrative variance granted by the growth management director shall automatically expire under the following conditions:

a.

The variance shall expire 12 months from the date of the written determination of the growth management director granting the administrative variance if a building permit has not been issued in accordance with the plans and conditions upon which the administrative variance was granted; and

b.

The administrative variance shall expire if a building permit issued in accordance with the plans and conditions upon which the administrative variance was granted expires and is not renewed pursuant to the applicable provisions regarding renewal of building permits.

(5)

Appeal of growth management director's decision. A petitioner may appeal the written determination of the growth management director to the planning, zoning, and appeals board in accordance with the procedures set forth at section 78-56.

(e)

Exemptions to architectural review requirements. The growth management director, or designee, may administratively approve exemptions from city council review and approval for minor architectural modifications to the exteriors of residential structures previously approved by development order as part of a residential planned community development (PCD). An application for exemption shall be processed administratively in accordance with this section. However, the growth management director may require city council review and approval if it is determined that the modification sought does not constitute a minor modification as set forth herein. Applications for exemptions shall be reviewed pursuant to the following criteria:

(1)

Minor architectural modifications shall be limited to building color, roofing materials/color, and other minor architectural features, such as window and door treatments or architectural trim or decorations, so long as such modifications do not alter or deviate from the overall architectural style of the development, as determined by the growth management director, or designee. Minor modifications shall specifically exclude patio enclosures, conversion of screen enclosures into enclosed rooms, garage conversions, building additions, or any encroachment into established setbacks.

(2)

Only residential PCD communities that have an active, resident-controlled property owners association (POA) with the authority to enforce community architectural standards shall be eligible to apply for an exemption from architectural review requirements.

(3)

The POA of the community seeking an exemption shall submit an application for an exemption to the growth management department. The application shall include documentation necessary to demonstrate the following:

a.

The POA is an active, legally incorporated POA and continues to have authority within the development.

b.

The POA has community approval of the application, such as a vote by the POA members and/or minutes of the POA board meeting approving submittal of the exemption application.

c.

The POA has notified its residents and property owners of the application for exemption. Such notice must be provided via U.S. mail to each property owner within the community and/or by posting signs located at each entrance/exit of the community.

d.

Evidence that the POA has sufficient standards and powers in its POA documents to approve minor architectural revisions and to enforce architectural standards.

e.

Application fee.

f.

Additional information may be required by the growth management department in order to properly process the application.

(4)

Conditions of approval. The growth management director, or designee, may approve, deny, or approve with conditions the exemption request.

(5)

Appeals. A petitioner may appeal the administrative decision of denial or approval of the exemption to the planning, zoning, and appeals board in accordance with the procedures set forth within section 78-56, appeals and reconsideration.

(Ord. No. 17-2000, § 26, 7-20-00; Ord. No. 17-2004, § 5, 6-3-04; Ord. No. 19, 2004, § 3, 11-18-04; Ord. No. 30, 2008, § 1, 12-4-08; Ord. No. 3, 2011, § 1, 3-3-11; Ord. No. 7, 2017, § 2, 3-2-17)

(a)

Nature of review. When a development order application is not consistent with any of the development review processes provided herein, the growth management director shall determine the specific nature of review.

(b)

Signs. Sign plans may be submitted separately from site plan applications. If submitted separately, a sign plan shall be subject to review by the planning, zoning, and appeals board prior to consideration by the city council.

(Ord. No. 17-2000, § 27, 7-20-00; Ord. No. 17-2004, § 5, 6-3-04; Ord. No. 19, 2004, § 3, 11-18-04)

(a)

Applications. Applications for an amendment to the text of the city's land development regulations shall be prepared in detailed narrative form, and shall include the information listed below.

(1)

Amendment requested. The specific text amendment that is requested, including language to be added and language to be deleted.

(2)

Reason for request. The reasons for requesting the amendment.

(3)

Supporting information. Any material or supporting documentation in support of the request for a text amendment.

(Ord. No. 17-2000, § 28, 7-20-00)

(a)

Categories of conditional use review. The following categories of conditional use review are established:

(1)

Major conditional uses; and

(2)

Minor conditional uses.

(b)

Major conditional uses. Development order applications for major conditional uses shall be reviewed by staff and the development review committee. Following a public hearing, the planning, zoning, and appeals board shall make a recommendation of approval, approval with conditions, or denial to the city council. The city council shall hold a public hearing prior to approving, approving with conditions, or denying the major conditional use.

(1)

Reconsideration. Any major conditional use which has been denied by the city council shall not be eligible for reconsideration for six months from the date the application was denied, unless there has been material change to the application as determined by the growth management director.

(c)

Minor conditional uses. Development orders for minor conditional uses shall be reviewed by staff and the development review committee. When a minor conditional use is being requested as part of a development application requiring city council approval, the minor conditional use shall be approved by the superior authority. The development review committee shall approve, with or without conditions, or deny the application. Following a decision by the development review committee, the growth management director shall issue a written order consistent with the decision of the development review committee.

(1)

Public notice.

a.

The applicant shall obtain from the Palm Beach County Property Appraiser's Office a certified property owners' list of all property owners within 500 feet of the site affected by the minor conditional use. The applicant shall be responsible for composing and mailing or hand-delivering at least 15 days before the scheduled development review committee meeting the required public notices to the property owners affected by the minor conditional use. The applicant shall submit an affidavit to the growth management department director stating such notices were sent to all property owners within the designated area.

b.

The city clerk shall post a notice in a public place at the city hall complex at least 15 days before a scheduled development review committee giving the date and time of the meeting and the items to be considered.

(2)

Appeal procedure. Appeals from a decision by the development review committee shall be made through the growth management department to the planning, zoning, and appeals board within 30 calendar days of issuance of the written order. Appeals shall be scheduled for the next available agenda of the planning, zoning, and appeals board within 30 days from date of receipt of the appeal. Appeals from a final decision of the board shall be made within 30 calendar days of such decision and shall be filed with the Circuit Court of the Fifteenth Judicial Circuit.

(3)

Reconsideration. Any minor conditional use which has been denied by the development review committee shall not be eligible for reconsideration for six months from the date the application was denied, unless there has been material change to the application as determined by the growth management director.

(d)

Criteria. In addition to the application requirements listed above, a development order application for a minor or major conditional use approval shall demonstrate compliance with the criteria listed below.

(1)

Comprehensive plan. The proposed use is consistent with the comprehensive plan.

(2)

Chapter requirements. The proposed use is consistent with all applicable requirements of this chapter.

(3)

Standards. The proposed use is consistent with the standards for such use as provided in section 78-159.

(4)

Public welfare. The proposed use provides for the public health, safety, and welfare by:

a.

Providing for a safe and effective means of bicycle and pedestrian access;

b.

Providing for a safe and effective means of vehicular ingress and egress;

c.

Providing for an adequate transportation system adjacent to and in front of the site;

d.

Providing for safe and efficient on-site traffic circulation, parking, and overall control; and

e.

Providing adequate access for public safety purposes, including fire and police protection.

(5)

Screening and buffering. The proposed use utilizes such techniques as landscaping, screening, buffering, site or building design, or business operation procedures to mitigate impacts on surrounding properties, including such impacts as:

a.

Noise;

b.

Glare;

c.

Odor;

d.

Ground-, wall-, or roof-mounted mechanical equipment;

e.

Perimeter, interior, and security lighting;

f.

Signs;

g.

Waste disposal and recycling;

h.

Outdoor storage of merchandise and vehicles;

i.

Visual impact; and

j.

Hours of operation.

(6)

Utilities. The proposed use minimizes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties.

(7)

Dimensional standards. The proposed use meets or exceeds all dimensional requirements required by the chapter.

(8)

Neighborhood plans. The proposed use is consistent with the goals, objectives, policies, and standards of neighborhood plans.

(9)

Compatibility. The overall compatibility of the proposed development with adjacent and area uses, and character of area development.

(10)

Patterns of development. The proposed use will result in logical, timely, and orderly development patterns.

(11)

Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this chapter and the goals, objectives, and policies of the city.

(12)

Adverse impact. The design of the proposed use and structures will minimize any adverse visual impacts or impacts caused by the intensity of the use.

(13)

Environmental impact. The design of the proposed use minimizes any adverse impacts that may be created, including impacts on environmental and natural resources including air, water, stormwater management, wildlife, vegetation, and wetlands.

(e)

Enforcement. In addition to the provisions of chapter 2 of the City Code, conditional uses are subject to the enforcement procedures listed below.

(1)

Revocation. The city council shall have the power to revoke major conditional uses for noncompliance with conditions of development approval. The growth management director shall have the power to revoke minor conditional uses for noncompliance with conditions of approval.

(2)

Removal.

a.

Major conditional uses. The city council shall have the right to compel removal of offending structures or uses that are accessory to or part of the major conditional use at the cost of the violator and may record a lien against the property to recover its costs.

b.

Minor conditional uses. The growth management director shall have the right to compel removal of offending structures or uses that are accessory to or part of the minor conditional use at the cost of the violator and may record a lien against the property to recover its costs.

(3)

Inspections. The growth management department shall review and inspect all conditional uses to ensure compliance with conditions of approval.

a.

All minor conditional uses which fail to comply with any or all conditions of approval shall be reported to the growth management director. The report shall specify the manner in which the landowner is not complying with one or more conditions of approval. The growth management director may:

1.

Request timely compliance with the conditions of approval;

2.

Direct initiation of code enforcement proceedings pursuant to article VII of this chapter; or

3.

Initiate the legal action and procedures necessary to revoke the minor conditional use.

b.

All major conditional uses which fail to comply with any or all conditions of approval shall be reported in writing to the city council. The report shall specify the manner in which the landowner is not complying with one or more conditions of approval. The city council, upon receipt of the written report, may:

1.

Request timely compliance with the conditions of approval;

2.

Direct initiation of code enforcement proceedings pursuant to article VII; or

3.

Initiate procedures to revoke the major conditional use. If the city council initiates procedures to revoke the major conditional use, a hearing on the report shall be scheduled within a reasonable time, and notice of the time and place of the hearing shall be furnished to the landowner. If the city council finds that the facts alleged in the report are true, and that the landowner has not taken the steps necessary to fully comply with the conditions between the date of the report and the date of the hearing, the city council may authorize the city manager to revoke the major conditional use. The city council also may authorize the city manager and take the necessary legal action to terminate the major conditional use and all uses authorized by that approval.

(f)

Prior conditional uses. Any land use which was legally established prior to (date of adoption of this ordinance), and thereafter is classified by this chapter as a major or minor conditional use, will be considered a legal nonconforming use.

(1)

Amendments to prior conditional uses. Conditional use amendment applications shall be reviewed in the same manner as required by this section and as determined by the major or minor conditional use categories identified in section 78-159, table 21, chart of uses.

(Ord. No. 17-2000, § 29, 7-20-00; Ord. No. 6, 2005, § 6, 5-5-05; Ord. No. 16, 2014, § 1, 11-6-14; Ord. No. 9, 2020, § 3, 9-10-20; Ord. No. 6, 2022, § 4, 7-14-22)

(a)

Development order applications. Applications for a development order approval for a variance shall be submitted and reviewed as provided in division 1 of article III.

(b)

Public hearing. The planning, zoning, and appeals board (PZAB) shall conduct a public hearing to review the application. As a basis for approval, the board must determine the application is consistent with the criteria listed below.

(1)

Special conditions. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district.

(2)

Hardship. The special conditions and circumstances truly represent a hardship, and are not created by any actions of the applicant.

(3)

Literal interpretation. Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant.

(4)

Special privileges. The grant of a variance will not confer upon the applicant any special privilege denied to any other owner of land, buildings, or structures located in the same zoning district.

(5)

Minimum variance. The variance granted is the minimum variance that will make possible the use of the land, building, or structure.

(6)

Purpose and intent. The grant of the variance will be in harmony with the general intent and purpose of this chapter and land development regulations.

(7)

Financial hardship. Financial hardship is not to be considered as sufficient evidence of a hardship in granting a variance.

(8)

Public welfare. The grant of the variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(c)

Approvals. In granting any variance, the PZAB may approve such conditions and safeguards deemed necessary to conform to the intent and purpose of this chapter. Violations of such conditions shall be deemed a violation of this chapter. The board may also prescribe a reasonable time limit to initiate the action granted by the variance and to complete such action.

(d)

Use variances prohibited. The PZAB, unless specifically authorized by this chapter, shall not grant a variance to establish a use not allowed as a permitted use or conditional use in any overlay or zoning district, or a use not allowed within a planned district. Evidence nonconforming uses of neighboring lands, structures, or buildings in the same zoning district or the permitted use of lands, structures, or buildings in other zoning districts shall not be considered grounds for the authorization of a variance.

(e)

Variance from development standards prohibited. The PZAB, unless specifically authorized by this chapter, shall not grant a variance from the additional development standards of section 78-159, affecting permitting, conditional, or prohibited uses.

(f)

Variances in planned developments. The PZAB shall not grant a variance within any planned development, planned unit development, or planned community development overlay zoning district. Any deviation from applicable requirements shall be granted as a waiver by the city council.

(Ord. No. 17-2000, § 30, 7-20-00; Ord. No. 17-2004, § 5, 6-3-04)

(a)

Public notice. Public notice, including mail notice, posting of property, and newspaper advertising, shall be provided as required below and consistent with the city charter. In the event of a conflict between Table 4 and the text, the requirements of the text shall prevail.

Table 4: Required Public Notice

Notes:

(1)

Number of calendar days prior to date of public hearing.

(2)

30-day mail notice to owner of property proposed to be rezoned.

(3)

Public notice for development review committee meetings requires posting consistent with all public notices.

(4)

Two advertised public hearings on the proposed ordinance must be held. At least one hearing shall be held after 5:00 p.m. on a weekday, unless the local governing body, by a majority plus one vote, elects to conduct that hearing at another time of day. The first public hearing shall be held at least seven days after the day the first advertisement is published. The second hearing shall be held at least ten days after the first hearing and shall be advertised at least five days prior to the public hearing. The required advertisements shall be no less than two columns wide by ten inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear.

(b)

Mail notice. Required mail notice as noted in Table 4: Required Public Notice shall be provided as indicated below:

(1)

Contents. Unless otherwise provided herein, mail notice of a public hearing shall contain the following information:

a.

The title and substance of the proposed ordinance or development order;

b.

The time, date, and location of the public hearing for the planning, zoning, and appeals board;

c.

The time, date, and location of the public hearing for the city council;

d.

The location of the property affected by the application with reference to the nearest intersection of two or more streets;

e.

The name, address, and telephone number of the office where additional information can be obtained;

f.

The times and place where the proposed ordinance or development order application may be inspected by the public;

g.

A notice that interested parties may appear at the meeting or public hearing and be heard with respect to the proposed ordinance or development order application; and

h.

An area map, indicating location of the affected property, may be provided.

(2)

Class of mail.

a.

Planning, zoning, and appeals board. Mail notice shall be provided by first-class mail.

b.

City council. Mail notice shall be provided by first-class mail.

(3)

Postmark. Mail notice shall be postmarked no later than the minimum number of calendar days as required in Table 4 or as otherwise required by F.S. §§ 163.3184 and 166.041, as amended.

(4)

Property owners notified. Mail notice shall be provided to all property owners, excluding property owned by the applicant, within 500 feet of the site affected by the development order application.

(5)

Property owners list. The list of property owners shall be derived from the most recent official tax roll of Palm Beach County. The applicant shall provide an affidavit attesting to the completeness and accuracy of the property owner's list.

(6)

Costs. The applicant shall provide postage, envelopes, and one set of mailing labels appropriate to the type of mail service utilized. In the event additional mail notice is required, the applicant shall be responsible for postage, envelopes, and mailing labels.

(7)

Procedure. The applicant shall provide and mail all required notices, and provide an affidavit that notice was sent to all property owners included in the property owner's list. If a return receipt requested is utilized, the petition or application number shall be indicated on the receipt.

(c)

Posting of property. Property required to be posted as noted in Table 4: Required Public Notice shall be posted as provided below, if required.

(1)

Signs. Signs shall be provided by the applicant, subject to criteria for size, contents, and visibility approval by the growth management department.

(2)

Posting. Property shall be posted by the applicant.

(3)

Installation. Signs shall be posted in a workmanlike manner, able to withstand normal weather events.

(4)

Minimum posting requirements. Privately-initiated applications require that at least one sign be posted per 500 lineal feet of all property located along a public right-of-way, with a minimum of one sign per frontage, or as otherwise required by the growth management director. In the event of unique circumstances affecting a property, additional signs shall be posted as required by the growth management director. City-initiated applications require that one sign be posted per frontage along a public right-of-way, except that city-initiated land use map changes for the creation of an overlay shall not require posting for the city council hearings.

(5)

Deadline. Signs, if required, shall be posted at least ten days prior to a public hearing.

(6)

Affidavit. An affidavit, including photographs, attesting to the date of installation and number of signs installed shall be provided at least five days prior to the required public hearing.

(d)

Minimum newspaper advertising requirements. Newspaper advertising of public hearings required to be advertised as noted in Table 4: Required Public Notice shall be provided as indicated below.

(1)

Newspaper type. The advertising shall be published in a newspaper of general paid circulation, and of general interest and readership in the jurisdiction. The advertisement shall appear in a newspaper published at least five times per week.

(2)

Costs. The applicant shall be charged a fee to defray all costs associated with advertising for a public hearing to consider ordinances or development order applications.

(3)

Publication. The advertisement for the public hearings shall appear no later than the minimum number of calendar days as required in Table 4, the City Charter, or as required by the appropriate chapter of Florida Statutes.

(4)

Comprehensive plan large scale land use map and permitted use text changes. The notice of public hearings to consider an amendment to the future land use plan map or to comprehensive plan text changes which amend permitted, conditional, or prohibited uses within a future land use plan category shall be published as required by F.S. § 163.3184, as amended, and as by Table 4.

(5)

Comprehensive plan text change not affecting permitted uses. The notice of public hearings to consider an amendment to the text of the comprehensive plan which do not amend permitted, conditional, or prohibited uses within a future land use plan category shall be provided as required by F.S. § 163.3184, as amended, and by Table 4. The notice shall include the following information:

a.

The title of the proposed ordinance;

b.

The time, date, and location of the public hearing for the local planning agency;

c.

The time, date, and location of the public hearing for the city council;

d.

The name, address, and telephone number of the office where additional information can be obtained;

e.

The time and place where the proposed ordinance may be inspected by the public; and

f.

A notice that interested parties may appear at the meeting or public hearing and be heard with respect to the proposed ordinance.

(6)

Comprehensive plan small scale land use map amendments. The notice of public hearings to consider a small scale land use map amendment shall be provided as required by Table 4, and as required by the applicable provisions of F.S. §§ 163.3187 and 166.041, as amended. The notice shall include the following information:

a.

The title of the proposed ordinance;

b.

The time, date, and location of the public hearing for the local planning agency:

c.

The time, date, and location of the public hearing for the city council;

d.

The location of the property affected by the application with reference to the nearest intersection of two or more streets;

e.

The name, address, and telephone number of the office where additional information can be obtained;

f.

The times and place where the proposed ordinance or development order application may be inspected by the public;

g.

A notice that interested parties may appear at the meeting or public hearing and be heard with respect to the proposed ordinance or development order application; and

h.

An area map, indicating location of the affected property, may be provided.

(7)

Rezoning greater than ten acres and text changes affecting permitted uses. The notice of public hearings to consider rezoning ordinances affecting property of more than ten acres or to consider proposed ordinances which change the actual list of permitted, conditional, or prohibited uses within a zoning category shall be published as provided in Table 4, and as required by F.S. § 166.041, as amended.

(8)

Rezoning less than ten acres and text amendments not affecting permitted uses. The notice of public hearings to consider rezoning ordinances affecting less than ten acres, and land development regulation amendments which do not affect permitted, conditional, or prohibited uses shall be provided as required in F.S. § 166.041, as amended, and Table 4. The notice shall include the following information, as applicable: the title and substance of the ordinance or other type of development order, including, as applicable, the type of development order application, the type of principal uses proposed, the number of dwelling units, the type of dwelling units, or the nature of the land development regulation amendment.

a.

The time, date, and location of the public hearing for the planning, zoning, and appeals board;

b.

The time, date, and location of the public hearing for the city council;

c.

The location of the property affected by the application with reference to the nearest intersection of two or more streets;

d.

The name, address, and telephone number of the office where additional information can be obtained;

e.

The times and place where the proposed ordinance or development order application may be inspected by the public;

f.

A notice that interested parties may appear at the meeting or public hearing and be heard with respect to the proposed ordinance or development order application; and

g.

An area map, indicating location of the affected property, may be provided.

(9)

Land development regulations text change affecting permitted uses. The notice of public hearings to consider land development regulations text changes affecting permitted, conditional, or permitted uses within a zoning category shall be published as provided in Table 4, and as required by F.S. § 166.041, as amended.

(10)

Major conditional uses and variances. The notice shall be published as provided in Table 4 and include the following information, as applicable:

a.

The time, date, and location of the public hearing;

b.

The location of the property affected by the application with reference to the nearest intersection of two or more streets;

c.

The name, address, and telephone number of the office where additional information can be obtained;

d.

The times and place where the proposed application may be inspected by the public;

e.

A notice that interested parties may appear at the meeting or public hearing and be heard with respect to the proposed development order application; and

f.

An area map, indicating location of the affected property, may be provided.

(e)

Failure to provide notice. Failure to comply with the minimum number of days of required newspaper advertising notice, mail notice, or posting of property shall result in an automatic postponement of the application. The body holding the hearing shall schedule and announce at the originally scheduled public hearing the time, date, and location for the postponed public hearing. The body holding the hearing, or growth management department staff, may require additional newspaper advertising, mail notice, or posting of property for a rescheduled public hearing. The applicant shall be required to defray all of the costs associated with additional newspaper advertisement, mail notice, or posting of property for rescheduled public hearings.

(f)

Effect of postponements. If the public hearing for a rezoning ordinance or development order application is postponed more than once, or is not postponed to a specific time, date, and location, or is otherwise postponed such that the original public notice is no longer applicable, the growth management department staff may require additional public notice via newspaper advertising, mail, or posting of property. Such additional public notice shall be at the expense of the applicant.

(Ord. No. 17-2000, § 31, 7-20-00; Ord. No. 17-2004, § 5, 6-3-04; Ord. No. 6, 2005, § 7, 5-5-05; Ord. No. 16, 2006, § 2, 7-20-06; Ord. No. 11, 2013, § 1, 9-10-13; Ord. No. 7, 2017, § 3, 3-2-17; Ord. No. 6, 2022, § 5, 7-14-22; Ord. No. 11, 2022, § 1, 11-3-22; Ord. No. 5, 2024, § 5, 7-11-24)

(a)

Cost of development order applications. It is declared to be the policy of the city council that all applicants for development order approval requesting a rezoning, platting, planned unit development, planned community development, conditional use, any type of variance, site plan review, amendments to approved development orders, or any other similar application shall prepare and present at their expense the necessary documentation and information required by this chapter.

(b)

Additional documentation requests. An applicant may request, through the growth management director, information and documentation from the city engineer, city attorney, or other city department relative to the application. If the request is in excess of the information and documentation normally utilized to review the application, such additional information and documentation shall be provided at the expense of the applicant.

(c)

Third-party experts.

(1)

Employment. The city council, city manager, or growth management director may determine that a third-party expert in the field of land planning, traffic engineering, engineering, architecture, landscape architecture, or other similar area of professional expertise is necessary to thoroughly review a development order application. Such experts may be employed by the city, with the petitioner paying all reasonable costs for such services.

(2)

Reimbursement for third-party experts. The applicant shall reimburse the city for any costs associated with the employment of third-party experts. The applicant shall reimburse the city for such costs within 30 days of the date of receipt of an invoice for such services. Failure by the applicant to make such reimbursement when due shall delay the pending application until paid.

(d)

Reimbursement for staff costs. The applicant shall reimburse the city for any excess time spent by the city engineer, city attorney, or other city staff, together with the cost of any document or drawings not part of the city records. The cost of time billed to the applicant shall be the same cost as billed by the city engineer or city attorney, or the cost of city staff time. The applicant shall reimburse the city for such costs within five days of the date of receipt of an invoice for such services. Failure by the applicant to make such reimbursement when due shall delay the pending application until paid.

(Ord. No. 17-2000, § 32, 7-20-00)

(a)

Appeals.

(1)

Appeals from a final decision of the planning, zoning, and appeals board (PZAB) or the city council shall be made within 30 calendar days of the date such decision is rendered, and shall be filed in Palm Beach County with the Circuit Court of the Fifteenth Judicial Circuit. However, decisions rendered by PZAB on appeal from written decisions of the growth management director shall be subject to the procedures set forth in subsection (a)(2) and shall not otherwise be subject to appeal.

(2)

Decisions of the growth management director, which are subject to appeal pursuant to section 2-147, may be appealed by any aggrieved party to the planning, zoning, and appeals board by filing such written appeal with the city clerk within twenty (20) calendar days of the date such decision is rendered.

a.

The board may reverse or affirm, wholly or partly, or may modify the interpretation or decision made by the growth management director pursuant to this Code.

b.

The interpretation or decision of the growth management director shall be presumed to be correct, and the applicant shall have the burden to demonstrate the error, which must be proved by a preponderance of the evidence, and such evidence must be competent and substantial.

c.

Appeals of decisions of the growth management director shall be heard within forty-five (45) days of the day upon which the appeal is filed with the city clerk.

d.

All decisions of the PZAB on appeal from a ruling or decision of the growth management director, pursuant to this section, shall be final and shall not be subject to appeal.

(b)

Reconsideration.

(1)

Rezoning. Any parcel, or substantially the same parcel, which is the subject of a rezoning which has been denied by the city council shall not be eligible for reconsideration by the planning, zoning, and appeals board or the city council for a rezoning to the same classification for one-year from the date such application was denied by the city council, unless there has been material change to the application as determined by the growth management director.

(2)

Other development orders. Any parcel, or substantially the same parcel, which was the subject of an application for development order approval, including, but not limited to, any form of conditional use, major or minor, site plan review, variance application, or development order amendment, which has been denied by the development review committee, the city council, or the planning, zoning, and appeals board, shall not be eligible for reconsideration by that body for six (6) months from the date the application was denied, unless there has been material change to the application as determined by the growth management director.

(Ord. No. 30, 2008, § 2, 12-4-08)

Editor's note— Ord. No. 30, 2008, § 2, adopted Dec. 4, 2008, repealed the former § 78-56, and enacted a new § 78-56 as set out herein. The former § 78-56 pertained to similar subject matter. See the Code Comparative Table for complete derivation.

Editor's note— Formerly sections 2-172—2-174.

(a)

Purpose and intent. The targeted expedited permitting program provides qualifying projects an efficient process to resolve issues in a timely manner through face-to-face meetings with a city representative without sacrificing any requirements established in this chapter. The targeted expedited permitting program is available to the following:

(1)

Qualifying companies that are expanding operations or moving into the city so that value-added employment may be created at a faster pace.

(2)

Workforce and/or affordable housing projects.

(b)

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

(1)

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

a.

Medical and pharmaceutical;

b.

Aerospace and engineering;

c.

Information technology;

d.

Business and financial services;

e.

Education;

f.

Research and development; and

g.

Any other industry cluster or company headquarters approved by the city council.

(2)

The company must demonstrate the capability to create at least 50 new positions in the City of Palm Beach Gardens within the first two years of operation; or expand its operation within the city as a result of creating at least 50 new positions in the two years prior to the issuance of the certificate of occupancy for the new facilities; or a combination thereof.

(3)

Positions created must be considered value-added employment based on the average wages and/or compensation paid by the employer. Value-added employment is defined when the average compensation package of positions created is at least ten percent higher than the current per capita income level in the city.

(4)

Companies must pass the city's financial due diligence process to establish solvency and credibility prior to acceptance into the program. Due diligence reports (1) may include a Dun & Bradstreet report or other such reports as deemed necessary by the city, and (2) must be reviewed by the city manager, growth management administrator, and/or finance administrator for the city.

(5)

Notwithstanding the criteria above, a company may qualify for the targeted expedited permitting program if the company is a sanctioned project by the State of Florida or other officially sanctioned economic development organization (OTTED, Enterprise Florida, or Business Development Board of Palm Beach County).

(c)

Applicability for workforce and/or affordable housing projects. The city shall utilize the eligibility criteria as specified in section 78-59 when determining whether a proposed workforce and/or affordable housing project qualifies for the targeted expedited permitting program.

(d)

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

(1)

The city manager or growth management administrator shall appoint a single point of contact at the city who shall be kept apprised of all developments relating to the review of the project by the city's development review committee in order to keep the project on track and provide a periodic status report to the company's or developer's project manager; and

(2)

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

(3)

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

(4)

The city's development review committee shall review and provide comments relative to the project not to exceed five business days of submission of plans by the applicant for qualifying companies, and not to exceed ten business days for workforce and/or affordable housing projects; and

(5)

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

(Ord. No. 1, 2006, § 2, 2-2-06; Ord. No. 16, 2011, § 1, 11-3-11; Ord. No. 4, 2023, § 1, 6-1-23)

(a)

Intent. The intent of Crime Prevention Through Environmental Design (CPTED) is to achieve the creation and re-creation of a safe, attractive, and economically viable physical environment and that the proper design and effective use of the physical environment would lead to a reduction in the incidence and fear of crime and an improvement in the quality of life. The "Design Out Crime" process involves a multi-faceted partnership to address target hardening, crime prevention, public safety, and traffic circulation. This is a multiphase process spanning from a preliminary conceptual design through perpetuity.

(b)

Applicability. All applicable development applications shall be reviewed for consistency with CPTED principles as part of the DRC process.

(c)

CPTED principles. CPTED is a proactive approach using four (4) crime prevention principles in the design and care of the built environment to reduce the incidence and fear of crime:

(1)

Natural surveillance:

a.

The placement and design of physical features, activities, and people to maximize visibility, increasing an offender's perceived risk of detection and apprehension.

b.

Lighting that provides for illumination of human activity utilizing current crime prevention lighting standards.

(2)

Natural access control:

a.

Limits the opportunity for crime by taking steps to clearly differentiate the transition from public space to private space.

b.

Limiting access and controlling pedestrian and vehicle flow into an area occurs with the selective placement of entrances and exits, fencing, lighting, and landscaping.

(3)

Territorial reinforcement:

a.

The use of physical attributes that express ownership of property, such as pavement treatments, landscaping, art, signage, screening, and fences.

b.

The perception of owned space creates an environment where suspicious users of an area stand out and are more easily identified.

(4)

Maintenance:

a.

The use of low maintenance landscaping and lighting treatments to facilitate the CPTED principles of natural surveillance, natural access control, and territorial reinforcement.

b.

Continuous and long-term maintenance of an area fosters a positive image in the community and increases the overall quality of life for all users of the area.

(Ord. No. 13, 2017, § 2, 5-4-17)

(a)

Purpose and intent. The purpose and intent of this section is to implement the city's workforce housing program, adopted by Resolution 66, 2020. The program serves to ensure that a variety of workforce and/or affordable housing options are provided to the residents and households of the city in the workforce and affordable income ranges. It is the intent of the regulations set forth herein to provide a variety of incentive programs for residential and non-residential developments within the city's municipal boundary. The implementation of the city's workforce housing program will further enhance and maintain the city's existing character and quality of life. The provisions set forth hereinbelow are not intended to be exclusive and will not preclude the use of other available incentives and methods to promote the provision of workforce and affordable housing units.

(b)

Definitions. The following definitions are provided for the purposes of establishing and implementing the provisions of this section.

Accessory dwelling unit (ADU) means an ancillary or secondary unit that has a separate entrance, kitchen, bathroom, and sleeping area and may be provided within the principal structure, or as a separate structure on the same lot as the principle structure residential dwelling unit.

Affordable housing means housing for which monthly rents or monthly mortgage payments, including taxes, insurance, and utilities, do not exceed 30 percent of the area median adjusted gross annual income for extremely low income, very low income, and low income households.

Area median income (AMI) means the midpoint of a city or county's income distribution. Specifically, AMI means a division of income distribution into two equal parts: one-half above the median and one-half below, as utilized by the U.S. Census Bureau.

Extremely low income means one or more natural persons or a family having a total annual household income that does not exceed 30 percent of area median adjusted gross annual income.

Low income means one or more natural persons or a family having a total annual household income that does not exceed 80 percent of area median adjusted gross annual income.

Very low income means one or more natural persons or a family having a total annual household income that does not exceed 50 percent of area median adjusted gross annual income.

Workforce housing means housing that is affordable to natural persons or families having a total annual household income that does not exceed 120 percent of the area median income, adjusted for household size. The maximum annual household income is established by the Florida Housing Finance Corporation (FHFC) for Palm Beach County and is updated yearly. Maximum workforce housing rents for the applicable income categories shall be as set forth in the annual rent tables published by FHFC.

(c)

Location. Workforce and/or affordable housing projects are permitted throughout the City of Palm Beach Gardens. For the purposes of implementation of the workforce and/or affordable housing incentives set forth herein, the following workforce housing areas are established:

(1)

Transit Oriented Development (TOD) District: All projects established as within the TOD District.

(2)

Outside of TOD District: All lands within the corporate limits of the City of Palm Beach Gardens that are outside of the TOD District.

(d)

Workforce housing fund. A dedicated workforce housing fund is hereby established and shall be maintained by the city in order to deposit funds collected through the workforce and/or affordable housing program, and any other contributions toward the fund.

(1)

Funds collected shall only be used toward workforce and/or affordable housing purposes. Allowable costs may include incentives and strategies included in the city's approved workforce housing program, which may be amended from time to time, and other strategies that are deemed comparable and/or appropriate.

(2)

The city manager shall be responsible for ensuring proper supervision of activities financed from the workforce housing fund.

(e)

Incentives. The following programs are established to incentivize the construction or provision of workforce and/or affordable housing units in the city:

(1)

Density and height bonus. Proposed workforce and/or affordable residential projects may be eligible for potential density bonuses as specified in Table 4A below, subject to strict compliance with the provisions set forth in subsections a. through h. below:

Table 4A: Workforce and/or Affordable Housing Density and Height Bonus

Notes:

(1) As specified in the city's comprehensive plan.

(2) Subject to compatibility review for the overall compatibility of the proposed development with adjacent and area uses, and character of area development.

(3) PUDs and PCDs may have additional bonus density as provided in section 78-154, Table 13, and 78-155, Table 15.

(4) See the TOD District section 78-222. Additional bonus densities and heights are available for projects located within the TOD District that meet certain established criteria.

a.

Eligibility. The development regulations set forth hereinbelow shall apply to all residential projects and residential portions of mixed use projects utilizing any workforce and/or affordable housing density and/or height bonuses, or other workforce and/or affordable housing incentives. Projects seeking to utilize bonuses and/or incentives must satisfy the following eligibility criteria:

1.

Eligible projects must provide a minimum of ten or more workforce and/or affordable dwelling units.

2.

A minimum of ten percent of the total units proposed must be reserved as workforce and/or affordable housing units. Additional units may be provided for additional fee waiver incentive consideration, as set forth herein.

3.

The unit mix (one-bedroom units, two-bedrooms units, etc.) provided as workforce and/or affordable housing dwelling units shall be proportionate to the mix of market-rate dwelling units, which shall be set forth in the development order for the project.

4.

Proposed units shall meet the following income qualification criteria:

i.

Proposed workforce housing units shall be for households earning from 80 to 120 percent of the Area Median Income (AMI).

ii.

Proposed affordable housing units shall be for households earning less than 80 percent of the Area Median Income (AMI).

b.

Restriction period. The requirement to preserve the approved number of units as workforce and/or affordable dwelling units shall be maintained for the period of time corresponding to the funding mechanism that will be utilized for the project or a minimum of 30 years, whichever is greater. The development order for the project shall establish the timing of the delivery of the workforce and/or affordable units in relation to the construction and completion of the project. The workforce and/or affordable housing restriction shall be set forth as a deed restriction on the property, project, and/or units and the content of such deed restriction must be approved by the city attorney, or designee. The restriction period shall commence upon the issuance of the first certificate of occupancy for the first workforce and/or affordable housing dwelling units in the project.

c.

Monitoring. Approved workforce and/or affordable housing rental projects will be required to submit an annual certification to the city, accompanied by a report completed by a qualified third-party reporting firm acceptable to the city.

1.

The required annual certification submitted to the city shall be accompanied by an affidavit, attesting to the truth and veracity of the subject certification, taken under oath, signed by an authorized representative of the property owner, and notarized.

2.

The certification and report shall be submitted to the city on an annual basis for the duration of the restriction period.

3.

The report shall:

i.

Demonstrate that the workforce housing units are occupied by households that have an annual gross income that is less than the established income limit for the subject units, adjusted for actual household size (per natural persons), and that monthly rents for the subject units do not exceed the established rent limit per number of bedrooms, as published and updated annually by the Florida Housing Finance Corporation (FHFC).

ii.

Provide a narrative of the standard operating procedures used by the project to administer the workforce and/or affordable housing program within the project, along with the number of applications received, approved, and denied, and inquiries received.

iii.

Include a statement explaining the qualifications and training of the income certification reviewers.

iv.

Include a statement explaining the qualifications and background of the third-party reviewer.

d.

List of developments. The city's planning and zoning department shall maintain a list of all developments that include workforce and/or affordable housing units.

e.

Compatibility review. All workforce and/or affordable housing projects seeking a density bonus and/or additional height shall demonstrate compliance with the compatibility standards established herein.

1.

Residential medium additional setbacks and buffering. Multifamily residential workforce and/or affordable housing projects in the residential medium zoning category shall conform with all property development standards for the zoning district, in addition to the standards established in this section, including the following:

i.

Projects may be tiered in height and massing, and shall provide additional setbacks according to the proposed tiering. Specifically, projects exceeding 36 feet in height shall provide an additional foot of front, side, side street, and rear setback for each foot of height above 36 feet for the principal structure.

ii.

Projects adjacent to existing single-family residential neighborhoods shall provide an additional setback of 75 feet, in addition to the setback established in subsection i. above.

iii.

Minimum landscape buffering shall be provided consistent with section 78-319. Projects adjacent to residential projects shall provide enhanced buffering, as well as a perimeter wall or fence that is a minimum of six feet in height.

iv.

Projects exceeding 36 feet in height shall be located adjacent to a minimum of one arterial roadway and shall provide a minimum of one point of access (ingress and egress) from an arterial roadway.

2.

Residential high and mixed use additional setbacks and buffering. Multifamily residential workforce and/or affordable housing projects in the residential high or mixed use zoning categories shall conform with all property development standards for the zoning district, in addition to the standards established in this section, including the following:

i.

Projects may be tiered in height and massing, and shall provide additional setbacks according to the proposed tiering. Specifically, projects exceeding 45 feet in height shall provide an additional foot of front, side, side street, and rear setback for each foot of height above 36 feet for the principal structure.

ii.

Minimum landscape buffering shall be provided consistent with section 78-319. Workforce housing projects adjacent to residential projects shall provide enhanced buffering, as well as a perimeter wall or fence that is a minimum of six feet in height.

iii.

Projects exceeding 45 feet in height shall be located adjacent to a minimum of one arterial roadway and shall provide a minimum of one point of access (ingress and egress) from an arterial roadway.

iv.

All projects seeking a residential high or mixed use workforce housing density bonus must be located east of North Military Trail, and south of Hood Road.

v.

Any project seeking a residential high or mixed use workforce housing density bonus may not be directly adjacent to single-family residential neighborhoods.

f.

Waivers. Waivers may be requested for height, setbacks, lot coverage, and other applicable property development standards, in accordance with section 78-158, Waivers to planned development district requirements.

g.

Design. All residential workforce and/or affordable housing projects shall provide high quality architecture and landscape palettes that are compatible and harmonious with the adjacent properties and enhance the existing aesthetic character of the surrounding area. Projects shall incorporate applicable general provisions, architectural design, and other appropriate principles from the city's design guidelines for non-residential development.

h.

Construction quality. Workforce and/or affordable housing dwelling units shall be of the same construction quality and exterior design as the market-rate dwelling units, which are also being constructed within the subject development project, and shall be reasonably distributed throughout the project.

(2)

Waiver of impact fees. As an incentive for projects providing workforce and/or affordable housing units, a developer shall be entitled to receive a partial or full waiver of impact fees that are attributable to the workforce and/or affordable housing units provided, as set forth in section 78-99.

a.

As a condition of receiving a waiver of impact fees a deed restriction in a form acceptable to the city attorney will be imposed upon the project and shall run with the land. The deed restriction will be recorded in the Official Records Book of Palm Beach County. At a minimum, said deed restriction will preserve the workforce/affordable status of such dwelling units and will require an acknowledgment by the developer that noncompliance with the approved development order may result in the placement of a lien on the property in the amount of impact fees waived.

(3)

Waiver of building permit application fees. As an incentive for projects providing workforce and/or affordable housing units, a developer shall be entitled to receive a partial or full waiver of building permit fees, including expedited review fees, for the building permit of the residential principal structure.

a.

The total amount of workforce and/or affordable housing building permit fee waivers granted pursuant to this section shall not exceed $100,000.00 per project, as provided by the city council through the conditions of approval in the development order for the project.

b.

As a condition of receiving a waiver of building permit fees a deed restriction in a form acceptable to the city attorney will be imposed upon the project and shall run with the land. The deed restriction will be recorded in the Official Records Book of Palm Beach County. At a minimum, said deed restriction will preserve the workforce/affordable status of such dwelling units and will require an acknowledgment by the developer that noncompliance with the approved development order may result in the placement of a lien on the property in the amount of building permit fees waived.

(4)

Expedited review. Proposed workforce and/or affordable housing projects shall be eligible for expedited review, in accordance with the parameters and guidelines established in the city's targeted expedited permitting program, in section 78-57.

(5)

Accessory dwelling units (ADUs). ADUs may be utilized to provide workforce and/or affordable housing units as set forth at section 78-159. but are not subject to the additional requirements listed in subsection (e)(1) hereinabove. Additionally, if recommended by the growth management director and approved by the city council, such ADUs may be eligible for impact fee waivers, building permit application fee waivers, and/or expedited review to ensure consistency with the purpose and intent set forth in subsection 78-59(a).

(Ord. No. 4, 2023, § 2, 6-1-23; Ord. No. 5, 2024, § 6, 7-11-24)

(a)

Intent and purpose. The intent and purpose of this division shall be the items listed below:

(1)

Growth management act. In conformity with and in furtherance of the purpose of Chapter 163, Part II, entitled "the Local Government Comprehensive Planning and Land Development Regulation Act," referred to in this chapter as the Act, this division establishes and implements time limitations upon the initiation and completion of development to ensure that public facilities and services shall be available concurrent with the impacts of development. This division is intended to ensure the efficient and equitable distribution of capital facilities and services to proposed developments. The approval of proposed developments has caused the city to budget for and to reserve capacity for capital facilities and to plan for the delivery of services to the proposed development within the time prescribed. In order to ensure development has been initiated and is proceeding consistent with this division, the city shall monitor and review approved development orders to ensure consistency with the intent and purpose of this division and to further the goals, objectives, and policies of the city's comprehensive plan by:

a.

Increasing the availability of capital facilities and services for future developments by removing capacity reserved for approved developments that do not meet the requirements of this division by initiating and completing development within the time prescribed by this chapter or development approval;

b.

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

c.

Enhancing the value and use of land within the city by identifying and providing a system to revoke or amend development orders which have not been fully executed; and

d.

Ensuring compliance with conditions of development approval.

(b)

Suspension of development orders. Suspension of development orders may occur upon failure to comply with one or more time requirements or failure to comply with a condition of development approval.

(1)

Expiration of time periods. Upon expiration of any time period established by this chapter or failure to comply with, or continued violation of, a condition of development approval, no new development orders affecting the property shall be issued by the city, and no action which might tend to vest the development order shall be permitted, until a final determination is made pursuant to subsection (g) of this section. This suspension of development rights shall not preclude the property owner from filing a new petition for the subject property to amend or supersede an existing development order, or the city council or planning, zoning, and appeals board from approving this petition. If the property owner files a new petition, no new development orders shall be issued until the completion of the zoning process, except the development order which approves the petition.

(2)

Effect of suspension. This suspension of development rights shall have the following effect on new petitions and code enforcement action:

a.

If the property owner files a new petition, no new development orders shall be issued until the completion of the zoning process except the development order which approves the petition.

b.

If the city council or the planning, zoning, and appeals board directs staff to cite the property owner for violating the provisions of the development order, new development orders shall not be issued until the alleged violation has been ruled upon by the code enforcement board and any enforcement action is completed or penalty is satisfied. This shall not, however, preclude compliance with the specific condition after the city council or planning, zoning, and appeals board has directed the code enforcement division to cite the property owner for noncompliance with that condition.

(c)

Time limitations. Every development order shall include a time limitation by which build out of the project shall occur.

(1)

Variances. Unless the planning, zoning, and appeals board determines otherwise, an owner of record or successors or assigns shall commence construction of the improvement or improvements which are the subject of the variance within 12 months from the date of approval. Time extensions for such a development approval shall not be granted. If implementation of an approved variance is not initiated within such time frame, the approval shall be null and void.

(2)

Conditional uses. Such uses shall be initiated and placed in continuous use within two years or as otherwise provided in the development order approving such use.

(3)

Planned unit developments (PUD). An approved planned unit development shall have a build out date established in the development order, which date shall be based upon the required traffic impact study (TIS) and/or site assessment study (SAS) for the PUD.

(4)

Planned community districts (PCD). An approved PCD and each parcel within an approved planned community district shall have a build out date established in the development order, which date shall be based upon the required traffic impact study (TIS) and/or site assessment study (SAS) for the PCD.

(5)

Site plans not within a PCD or PUD. Site plans shall have a build out date established in the development order, which date shall be based upon the required traffic impact study (TIS) and/or site assessment study (SAS) for the site plan.

(6)

Development of regional impact. Time limitations pursuant to development orders for developments of regional impact which have been approved after August 18, 1994, shall be governed by the development order rendered for the project, as required pursuant to Section 380.06(15)(c) 2 and 3, Florida Statutes.

(7)

Development orders approved prior to November 20, 2003.

a.

If a build out date established in a PUD, PCD or site plan development order has expired, or will expire before December 31, 2004, the build out date shall be deemed extended to December 31, 2004.

b.

If no build out date was established in a PUD, PCD, or site plan development order, the build out date shall be December 31, 2004.

(d)

Determination of project build out.

(1)

A PUD shall be deemed built out when (a) all plats for the PUD have been recorded; (b) all on-site infrastructure within the PUD (roads, sewer, water, and drainage) has been substantially completed, except for the second lift of asphalt, which may be guaranteed by appropriate surety; (c) all common-area landscaping for the PUD has been installed or guaranteed; and (d) all transportation impacts have been mitigated or guaranteed by performance security.

(2)

A nonresidential PCD shall be deemed built out if (a) installation of all infrastructure (roads, sewer, water, and drainage) has been substantially completed, except for the second lift of asphalt, which may be guaranteed by appropriate surety; (b) building permits for square footage generating more than ten percent of the total average daily trips as determined by the concurrency approval have been issued; (c) all transportation impacts have been mitigated or guaranteed by performance security; and (d) all common-area landscaping for the PCD has been installed or guaranteed by performance security.

(3)

A residential PCD shall be deemed built out if (a) installation of all infrastructure (roads, sewer, water, and drainage) has been substantially completed, except for the second lift of asphalt, which may be guaranteed by appropriate surety; (b) all plats for the PCD have been recorded; (c) all transportation impacts have been mitigated or guaranteed by performance security; and (d) all common-area landscaping for the PCD has been installed or guaranteed by performance security.

(4)

An individual pod within a PCD may be deemed built out if the pod has been platted and all other criteria in subsection (2) for nonresidential pods or subsection (3) for residential pods have been met for the individual pod.

(5)

Site plans not within a PUD or PCD shall be deemed built out if (a) installation of all infrastructure (roads, sewer, water, and drainage) has been substantially completed, except for the second lift of asphalt, which may be guaranteed by appropriate surety; (b) building permits for square footage generating more than 50 percent of the total average daily trips as determined by the traffic impact study (TIS) and/or site assessment study (SAS) have been issued; and (c) all transportation impacts have been mitigated or guaranteed by performance security.

(e)

Accountability. It shall be the responsibility of the owner of record at the time of the approval or successors or assigns to monitor and adhere to the time limitations imposed by this division. Failure of the owner of record or successors or assigns to request an extension within such time frame shall render the development approval null and void.

(f)

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

(g)

Extensions of time limitations. The following procedure shall govern the review of an application to extend the time limit for a development order or conditions of approval:

(1)

Minor administrative extensions of time. The department may issue one 90-day minor administrative extension for the recordation of a plat, installation of all infrastructure, and/or the installation of common landscaping prior to the build out of a residential development; or for the completion of a nonresidential development, in its entirety, as referenced in subsection (c) of this section, for a project that has reached a point of substantial completion, but will not be completed prior to the expiration date of the development order. This extension is subject to the owner's satisfaction of all criteria listed below:

a.

The submission of a complete application, together with the appropriate fee, at least 60 calendar days prior to the build out of a phase or the build out of the development.

b.

Fees and submission of all receipts evidencing payment to the city for the following, as applicable:

1.

Plan review;

2.

Building permit;

3.

Engineering approval; and

4.

An executed potable water and sanitary sewer service agreement.

(2)

Administrative extension of time. The growth management administrator may approve a one-time extension of up to three years. Notice of all time extensions approved pursuant to this section shall be given to the city council. The time extension may be granted provided the following items have occurred 30 days prior to the expiration of the approved build out date:

a.

An appropriate application has been submitted. The application must include (i) a schedule for completion of all infrastructures, landscaping, and transportation amenities required in the approved development order; and (ii) a revised sales pro forma describing anticipated annual sales for the project and the number of units left to sell for residential property and anticipated sales or leasing of square footage for nonresidential property.

b.

The owner of record at the time of approval or successors or assigns has completed or secured all transportation mitigation requirements of the approved development order and traffic concurrency approvals, as applicable.

c.

The owner of record at the time of approval or successors or assigns has either paid all city road impact or mobility fees or received fee credits for the entire approved project provided in the development order.

d.

The owner of record at time of approval or successors or assigns has (i) dedicated and conveyed to the city any public road rights-of-way required in the original development order or (ii) conveyed or dedicated any perpetual public access easements required in the original development order.

(3)

Additional time extensions. The growth management administrator may approve two additional consecutive one-year time extensions after the administrative time extension, provided that the following items have occurred 30 days prior to the expiration of the previously extended build out date:

a.

An appropriate application has been submitted. The application must include a revised sales pro forma describing anticipated annual sales for the project and the number of units left to sell for residential property and anticipated sales or leasing of square footage for nonresidential property and any additional information requested by the growth management department.

b.

The owner of record at time of approval or successors or assigns shall have completed the recordation of all plats.

c.

The owner of record at time of approval or successors or assigns shall have completed the installation of all common landscaping required in the development order.

(Ord. No. 17-2000, § 33, 7-20-00; Ord. No. 10-2003, § 2, 11-20-03; Ord. No. 17-2004, § 5, 6-3-04; Ord. No. 7, 2011, § 1, 5-5-11; Ord. No. 9, 2020, § 4, 9-10-20)

The method of ensuring concurrency shall be known as the concurrency management system. The system is based upon the city comprehensive plan, especially the capital improvements element and adopted level of service standards. The system is designed to ensure that the adopted levels of service for specific public facilities will be maintained upon issuance by the city of any development order. The system also includes a monitoring program for determination of the availability of adequate capacity of public facilities to meet the adopted level of service standards concurrent with project impacts.

(Ord. No. 17-2000, § 34, 7-20-00)

(a)

Compliance. All development order applications, except those exemptions as provided for herein, shall demonstrate that the impacts from the proposed development comply with the level of service standards adopted by the city.

(b)

Concurrency determination required. All applications for development order approval shall include evidence of compliance with the city's concurrency requirements or an application to obtain a concurrency certificate.

(c)

Determination of available capacity.

(1)

Capacity determination. A determination of available capacity under this chapter is calculated by adding together all elements listed below.

a.

The total capacity of existing facilities when operating at the adopted level of service; and

b.

The total capacity of new facilities, operating at their adopted level of service, that will become available on or before the date of occupancy of the development. The capacity of new facilities may be counted only if one or more of the following is shown.

1.

Construction of the new facilities is underway at the time of issuance of the development order.

2.

The funds for construction of new facilities are included in the first three years of the adopted county five-year road program, or the adopted five-year state department of transportation improvement program, or the city five-year capital improvements element;

3.

The new facilities are the subject of a binding, executed contract for providing the facilities at the time of issuance of the development order.

4.

The new facilities are guaranteed in a legally enforceable developer agreement pursuant but not limited to F.S. Chapter 160 or Chapter 380. The developer agreement must guarantee that the necessary facilities will be in place when the impacts of the development occur.

(2)

Capacity availability. The determination of available capacity is made by subtracting from the sum of subsections (c)(1)a. and (c)(1)b. of this section from the sum of:

a.

The demand for the facility created by existing development; and

b.

The demand for the facility that has been reserved for other proposed developments by the issuance of a valid concurrency certificate.

(Ord. No. 17-2000, § 35, 7-20-00)

Where available capacity cannot be shown pursuant to this division, the methods listed below may be used to maintain the adopted levels of service.

(a)

Provision of necessary improvements. The developer may provide the necessary improvements to maintain the adopted level of service. In such case, the development order application shall include conceptual plans for improvements, documentation that such improvements shall be designed to provide the capacity necessary to achieve or maintain the adopted level of service, and recordable instruments guaranteeing implementation consistent with the calculations of capacity.

(b)

Amended application. The development order application may be amended to comply with the adopted level of service.

(c)

Phasing. The development order application indicates the proposed project may be phased such that the projected level of service at the conclusion of each phase complies with the adopted level of service.

(Ord. No. 17-2000, § 36, 7-20-00)

The burden of showing compliance with the level of service requirements of this chapter shall be upon the applicant for the development order approval. In order to be processed and reviewed for approval, development order applications shall provide sufficient information showing compliance with these standards.

(Ord. No. 17-2000, § 37, 7-20-00)

(a)

Transportation system. For the transportation system level of service, development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for the transportation systems as established in the transportation and capital improvement elements of the city comprehensive plan and indicated in this division.

(1)

Methodology. For projects west of the Beeline Highway, for county and state roads, the methodology for evaluation of levels of service shall be the Palm Beach County traffic performance standards, as amended. For city roads, the method of evaluation shall be the city transportation standards, as amended. For projects east of the Beeline Highway, no transportation concurrency is required; however, for the entire transportation system, the method for evaluation shall be the city transportation standards as established in this section. For purposes of determining compliance with traffic performance standards applicable to state, county, and city roads, all applications shall be managed by the city.

(2)

Submission of transportation studies. For projects west of the Beeline Highway, applications for development order approval, including transportation and/or traffic impact studies (TIS), site assessment studies (SAS), and relevant information, shall be submitted to the city. The city shall, if necessary, distribute all relevant information to the county for evaluation. The county will review projects in the order determined by the city. For projects east of the Beeline Highway, no transportation concurrency is required; however, a site assessment study (SAS) shall be submitted to the city.

(b)

Wastewater. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for wastewater treatment as established in the sanitary sewer element of the city comprehensive plan expressed in gallons per day per capita and as indicated in Table 5.

Table 5: Sanitary Sewer Level of Service

(c)

Solid waste. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for solid waste facilities as established in the solid waste element of the city comprehensive plan expressed in pounds per capita as indicated in Table 6.

Table 6: Solid Waste Level of Service

(d)

Drainage system. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for the drainage system as established in the drainage element of the city comprehensive plan and the land development regulations.

(1)

New development. New development must comply with the criteria listed below, and with the additional criteria of subsection (2).

a.

Criteria No. 1. Finished floor elevation will be located above the flood or high water level from a 100-year, three-day storm event with zero discharge, or the 100-year flood elevation established by the Federal Emergency Management Agency (FEMA) flood insurance rate maps, whichever is greater.

b.

Criteria No. 2. Designed to accommodate either of the following standards.

1.

Ten or more acres: conveyance and retention/detention designed for a three-day, 25-year storm event; or

2.

Less than ten acres: conveyance and retention/detention for a one-day, 25-year storm event.

(2)

Additional criteria. Off-site discharges are limited to the criteria listed below:

a.

Off-site discharge are limited to historic, pre-development discharges; and

b.

Retention/detention shall comply with either of the following:

1.

Wet storage is limited to the greater of the first one inch of run-off or 2.5 inches multiplied by the percent of impervious area for the project; or

2.

Dry storage will be at least 75 percent of wet storage.

(3)

Roadways. Roadway flood protection for local roads shall:

a.

Protect from flooding the crown of the road during a ten-year, one-day storm;

b.

Protect from flooding the crown of a road for all other roads during a 25-year, one-day storm; or

c.

Comply with county or Florida Department of Transportation (FDOT) requirements where applicable.

(4)

South Florida Water Management District. All of the levels of service in this subsection shall be in accordance with applicable rules and regulations of the South Florida Water Management District (SFWMD), as amended.

(e)

Potable water. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for potable water as established in the potable water element of the city comprehensive plan expressed in gallons per day per capita at a minimum pressure as indicated in Table 7.

Table 7: Potable Water Level of Service Standards

Notes:

(1) GPD = Gallons per day.
(2) PSI = Pounds per square inch.

(f)

Recreation. Development activities shall not be approved unless there is sufficient available capacity to sustain the following minimum levels of service for the recreational facilities as established in the city comprehensive plan as indicated in Table 8.

Table 8: Parks and Recreation Levels of Service

Note:
(1) = Improved parks.

(Ord. No. 17-2000, § 38, 7-20-00; Ord. No. 7, 2017, § 4, 3-2-17; Ord. No. 9, 2020, § 5, 9-10-20)

(a)

Concurrency certificate required. Prior to an applicant being processed by the city, an applicant must secure one of the following types of concurrency certification:

(1)

Certificate of exemption;

(2)

Certificate of concurrency reservation; or

(3)

Certificate of conditional concurrency reservation.

(b)

Capacity reservation. Capacity reservation is on the first-come, first-served basis. The date and time that an applicant's concurrency certificate is issued will establish when capacity of public facilities has been granted.

(Ord. No. 17-2000, § 39, 7-20-00)

(a)

Exemptions. There are specific projects or development that are exempt from concurrency and will be issued a certificate of exemption by the department upon an application for a development permit or the granting of a time extension for a development order. These exemptions are identified below:

(1)

Vested development. Vested means any project for which a development order has been granted prior to the adoption of the city concurrency management system, and the project has progressed in accordance with the concurrency requirements of the development order and the city's land development regulations.

(2)

Amendment to a vested development. A change to a vested project that does not create additional impacts provided that the project is in compliance with the original development order and any amendments thereto.

(3)

No additional impacts. Accessory buildings or structures that do not create additional impacts on public facilities.

(4)

Replacement. Replacement of an existing structure without creating any additional impacts.

(5)

Certain residential lots. Single-family and duplex residential units to be built on existing platted or unplatted lots that were created prior to the adoption of the city concurrency management system.

(6)

Developments of regional impact. Developments of regional impact approved prior to the adoption of the city concurrency management system and being implemented in compliance with Chapter 380, Florida Statutes. The city shall issue such projects a certificate of exemption indicating the specific reason such project is exempt and the specific amount of development, including number and type of residential units, number and type of nonresidential building square feet, and any maximum development limit, such as number of trips, phasing, or specific build out dates that may be associated with such project.

(b)

Time extensions.

(1)

If an extension of a development order is granted pursuant to section 78-61(g), the certificate of concurrency reservation shall be deemed extended to the same date.

(2)

If a certificate of concurrency reservation is scheduled to expire on or before December 31, 2003, the growth management administrator may extend the reservation until December 31, 2004, provided the following conditions are met:

i.

A complete and sufficient development application is received by the city no later than March 31, 2004; and

ii.

A development order approval is granted prior to December 31, 2004; and

iii.

All linkage road or city thoroughfare right-of-way designated in the comprehensive plan is conveyed to the city within 30 days of the date of the development order approval.

(c)

Certificate of concurrency reservation. This certificate is issued by the department and constitutes proof that adequate public facility capacity exists and is reserved to accommodate a proposed project at the time a project's impacts will occur.

(d)

Certificate of conditional concurrency reservation. This certificate is issued if the department determines the criteria listed below are applicable:

(1)

Lack of capacity. The department determines that there is not sufficient public facility capacity with regards to a given project.

(2)

Development order approval. The applicant is desirous of requesting development order approval for an application.

(3)

Installation of required improvements. The applicant enters into negotiations with the city to expand public facility capacity, at the applicant's expense, in accordance with the adopted level of service as set forth in the capital improvement element of the comprehensive plan and the land development regulations. Once the applicant and the city reach a mutually acceptable understanding, a developer agreement shall be prepared and shall become part of the development order. This agreement will ensure that adequate public facility capacity will be available at the time of project impacts.

(Ord. No. 17-2000, § 40, 7-20-00; Ord. No. 102004, § 3, 11-20-03)

(a)

Concurrency not required. The following types of development order applications do not need to be accompanied by a concurrency certificate, due to minimal impacts on public facilities:

(1)

Rezoning, other than a development order application for a planned community district or planned unit development;

(2)

Comprehensive plan amendment, including annexations, provided the application will indicate the impact of proposed land uses on the city's public facilities;

(3)

Variances;

(4)

Abandonment of right-of-way or easement; and

(5)

Requests to amend the city's land development regulations.

(b)

Development order applications requiring concurrency certification. The following types of development order applications must be accompanied by a concurrency certificate, due to impacts on public facilities:

(1)

Building permit;

(2)

Planned community development overlay district rezoning;

(3)

Planned unit development overlay district rezoning including mixed use development;

(4)

Overlay zoning;

(5)

Site plan;

(6)

Subdivision plan or plat; or

(7)

Conditional use.

(Ord. No. 17-2000, § 41, 7-20-00)

(a)

Review. Applications for approval of a concurrency certificate shall be filed with the department.

(b)

Application submission. The department shall receive and act upon applications for a certificate of concurrency reservation or conditional concurrency reservation only when the request is part of an overall application for development approval. Concurrency certificates shall be issued prior to the processing of the application for development order approval.

(c)

Pre-application meetings. An applicant, prior to submission of a development order application, may meet with the department to discuss the request for concurrency review and approval. The department may provide data and other information, as well as identify any potential problems regarding capacity deficiencies.

(Ord. No. 17-2000, § 42, 7-20-00)

(a)

Application materials. Material to be submitted with the application for transportation impact study/site assessment study/concurrency certification are listed below.

(1)

Fee and application. Application fee and completed application.

(2)

Warranty deed. Warranty deed with affidavit from the applicant indicating that the deed represents the current ownership.

(3)

Area location map. Vicinity map of the area within one mile surrounding the site, including the following:

a.

Principal roadway, bicycle and pedestrian network, and mass transit routes;

b.

Major public facilities such as public schools, city and county parks and recreation areas, hospitals, public buildings, etc.; and

c.

Municipal boundary lines.

(4)

Aerial photograph. An aerial photograph of the parcel, outlining the site and delineating all contiguous zoning districts.

(5)

Site plan. A site plan containing the following information:

a.

Boundaries of the site;

b.

Gross floor area, height, and proposed commercial, industrial, or other nonresidential use;

c.

Number, height, and type (single-family detached, zero lot line, townhouse, apartment, etc.) of residential dwelling units;

d.

Proposed phasing, if applicable;

e.

Approximate location of proposed or existing streets, sidewalks or other pedestrian paths, and bicycle paths;

f.

Approximate location and acreage of public facilities, including parks, school site, or similar uses;

g.

Approximate centerline, dimensions, and location of existing or proposed roads, canals, intersections, easements, and utilities, and if existing, proposed, or to be dedicated or reserved; and

h.

General information including north arrow (top of site plan, if possible), written and graphic scale, development and project name, section/township/range, petition number (if applicable), date plans prepared and date of any subsequent revisions, total acreage, and boundary dimensions.

(6)

Authority. A statement of the applicant's interest in the property and:

a.

If joint and several ownership, a written consent to petition by all owners of record, or written authorization by the master association;

b.

If a contract purchase, written consent of the seller or owner;

c.

If an authorized agent, a copy of the agent's authorized agreement or written consent of the owner;

d.

If a lessee, a copy of the lease agreement and written consent of the owner;

e.

If a corporation, partnership, or other business entity, the name of the officer or person responsible for the application and written proof that the representative has authority to represent the corporation, partnership, or business entity or, in lieu thereof, written proof that such person is in fact an officer of the corporation; or

f.

If a group of contiguous property owners are requesting an individual amendment only affecting their specific lots and not impacting property owned by the master association, all the owners of the property described in the petition must provide written consent.

(7)

Survey. A certified boundary and topographic survey, sealed by a surveyor licensed in the State of Florida, including the following information:

a.

Scale of not less than one inch equals 200 feet;

b.

Legal description of property;

c.

Computation of the total acreage of the parcel to the nearest tenth of an acre;

d.

Existing contours at one-foot intervals based on field surveys or photogrametric surveys, extending 100 feet beyond the parcel boundaries. If submitted separately, the topographic survey will be sealed by a licensed surveyor.

(8)

Drainage. Evidence that the proposed drainage system will be acceptable to the South Florida Water Management District (SFWMD) and conform with the city's land development regulations. Evidence may be in the form of a drainage statement by the developer's engineer demonstrating that the drainage system will be designed to comply with these requirements and that legal positive outfall will be provided in conformance with criteria established for the basin in which the project is located. The system must also provide for upstream pass-through drainage and downstream tailwater conditions in accordance with city's level of service. Additional supporting calculations for larger projects may also be required.

(9)

Public utilities. Evidence, in the form of a statement from the Seacoast Utility Authority or other provider, as applicable, that the proposed project will be able to connect to public water and sewer facilities and there is sufficient capacity available to meet the adopted levels of service. Within 30 days following development order approval, a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water and/or Sewer Service" or similar statement, indicating reservation of water and sewer capacity shall be delivered to the department. If the statement is not delivered as required, the development order shall be automatically void and have no further effect. When the proposed project is located in a remote area which is unable to connect to the Seacoast Utility Authority system, individual wells and septic tanks or package treatment plants can satisfy the concurrency requirements if the facilities meet the adopted level of service.

(10)

Traffic Transportation standards.

a.

West of the Beeline Highway. The applicant must provide evidence that the proposed project meets the standards of the Palm Beach County traffic performance standards and the city's transportation standards, as amended.

1.

100 or more peak hour trips. A statement from the county engineering department that the proposed project conforms to the Palm Beach County traffic performance standards and that project-generated trips are reserved. The applicant shall obtain a similar statement from the city engineer.

2.

Less than 100 peak hour trips. A statement from the city engineer that the proposed project, if generating less than 100 peak hour trips, meets both the county standards and city standards, and that project-generated trips are reserved.

3.

A statement from the city engineer that the proposed project meets the transportation standards adopted by the city per the site assessment study.

b.

East of the Beeline Highway. The applicant must provide evidence that the proposed project meets the transportation standards adopted by the city per the site assessment study (SAS) with a statement from the city engineer.

(11)

Solid waste. Evidence the proposed project will be served by a disposal facility for solid wastes, in the form of a statement from the solid waste authority indicating the availability of solid waste disposal capacity.

(12)

Parks and recreation. Evidence the proposed project will conform to the city's level of service standards for parks and recreation facilities, utilizing the requirements listed below.

a.

Impact on park and recreation facilities based upon a standard of five (5) acres of parks per one thousand (1,000) persons.

b.

Plans for providing one (1) or a combination of neighborhood parks, community parks, construction of recreation facilities, or dedication of land for district or other park purposes, including the following information:

1.

Size and location of parcel;

2.

Approximate value of parcel;

3.

General parcel characteristics including topography, geology, soils, natural and historic resources, vegetative communities and habitats, wildlife, water bodies, submerged lands, aquatic habitats, easements or rights-of-way within or adjacent to the parcel, and deed restrictions or other constraints which could limit use or activities on the parcel; and

4.

For payment in lieu of construction or dedication, value of property determined by an MAI appraiser.

(13)

Other information. Other information as may be requested by the growth management director.

(Ord. No. 17-2000, § 43, 7-20-00; Ord. No. 31, 2009, § 2, 10-15-09; Ord. No. 1, 2011, § 1(Exh. A), 2-3-11; Ord. No. 9, 2020, § 6, 9-10-20)

Within 30 calendar days after application submission, excluding holidays, the applicant will be notified in writing of the results of the sufficiency review. If deficient, the department will provide the applicant a letter noting the deficiencies of the application.

(Ord. No. 17-2000, § 44, 7-20-00; Ord. No. 4, 2020, § 4, 5-7-20)

(a)

Reservation required. Prior to DRC certification of a development order application, a certificate of concurrency reservation or a certificate of conditional concurrency reservation shall be issued by the city. Concurrency certification does not constitute sufficiency with regard to the performance of existing or proposed infrastructure improvements. Performance of drainage systems, water and wastewater systems, solid waste collection, recreation facilities, and traffic operations are factors to be considered in the review and approval or denial of a proposed project. Certificates shall be issued as provided below.

(1)

Concurrency reservation. A certificate of concurrency reservation shall be issued if a determination is made that there is adequate capacity in all the public facilities to meet the impacts generated by the project.

(2)

Conditional concurrency reservation. Should there not be sufficient capacity in one or more of the necessary public facilities, the certificate of conditional concurrency reservation process may be used.

(3)

Denial or withdrawal. When a certificate of concurrency reservation or conditional concurrency reservation is issued, the certificate is valid while the application for development order approval is being processed. If the development order application is either denied or withdrawn, the concurrency certification becomes immediately void.

(4)

Existing development. If a development order application is filed to change an approved development order, the concurrency certification for the existing development order shall be applicable to the extent of equal or lesser impacts resulting from the proposed change. If the proposed change creates additional impacts, a concurrency certificate for the additional impacts shall be obtained.

(5)

Development order approval. When a development order for a project is approved, the concurrency certificate issued is valid for the time set forth in the development order, or any amendments or time extensions thereto. Otherwise, the certificate is valid for two years.

(6)

Failure to progress. If a project has not progressed in accordance with an approved development order and concurrency certificate, a time extension may be requested pursuant to division 2 of article III. For the purpose of this subsection, the term "project" includes the following development order applications: planned community district, planned unit development, mixed use development, subdivision plat, major site plan, and conditional use.

(7)

Failure to progress—Minor projects. If a project has not progressed in accordance with an approved development order and concurrency certificate, a time extension may be requested pursuant to division 2 of article III. For the purpose of this subsection, the term "project" means a minor site plan or a building permit, for which the developer may request a time extension. A minor site plan application shall be considered and determined by the planning, zoning, and appeals board, while the building official shall consider and determine an application related to a building permit.

(8)

Failure to obtain concurrency certificate. If a time extension is not requested or if the time extension is not granted, the concurrency certificate shall automatically expire, and no further development activity can occur without obtaining a concurrency certificate.

(Ord. No. 17-2000, § 45, 7-20-00; Ord. No. 17-2004, § 5, 6-3-04)

The department will maintain a concurrency summary log.

(Ord. No. 17-2000, § 46, 7-20-00)

The growth management director or designee shall be responsible to review and decide upon each request for a concurrency certificate.

(Ord. No. 17-2000, § 47, 7-20-00)

Appeal of decisions of the growth management director shall be made to the BZA pursuant to section 78-23.

(Ord. No. 17-2000, § 48, 7-20-00)

(a)

Purpose and intent. The purpose of this section is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors, to be known as the proportionate share program, as required by and in a manner consistent with F.S. § 163.3180. This program is only applicable to projects west of the Beeline Highway.

(b)

Applicability. This program is only applicable to projects west of the Beeline Highway and those that have entered into proportionate share agreements prior to January 1, 2019. The proportionate share program shall apply to all developments west of the Beeline Highway that fail to meet the standards of this division on a roadway within the city that is not the responsibility of Palm Beach County or the Florida Department of Transportation (FDOT). The proportionate share program does not apply to developments of regional impact (DRI) using proportionate share under F.S. § 380.06, projects exempted from this division, or for projects that received traffic concurrency approval prior to December 1, 2006.

(c)

General requirements. An applicant may choose to satisfy the transportation concurrency requirements by making a proportionate share contribution for impacts of new development west of the Beeline Highway, on city roads in a manner consistent with F.S. § 163.3180.

(Ord. No. 31, 2006, § 2, 11-16-06; Ord. No. 9, 2020, § 7, 9-10-20)

(a)

Applicability. This article shall apply to the incorporated portions of the city.

(b)

Intent and purpose. This division shall implement the city's comprehensive plan. The purpose of this division is to ensure that new development bears an attributable share of the cost of capital expenditures necessary to provide mobility projects, parks and recreation, police, fire/emergency medical service protection services, and public facilities in the city as established by the comprehensive plan.

(c)

Rules of construction. The provisions of this division shall be liberally construed so as to effectively carry out its purpose in the interest of public health, safety, and welfare. For purposes of administration and enforcement of this article, unless otherwise stated in this article, the rules of construction listed below shall apply to the text of this division.

(1)

If there is any difference of meaning or implication between the text of this article and any caption, illustration, summary table, or illustrative table, the text shall control.

(2)

The term "shall" is always mandatory and not discretionary; the term "may" is permissive.

(3)

Words used in the present tense shall include the future, and words used in the singular number shall include the plural and the plural the singular, unless the context clearly indicates the contrary.

(4)

The phrase "used for" includes "arranged for," "designed for," "maintained for," or "occupied for."

(5)

The term "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

(6)

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or," or "either... or," the conjunction shall be interpreted as follows:

a.

"And" indicates that all the connected items, conditions, provisions, or events shall apply;

b.

"Or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination; and

c.

"Either... or" indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination.

(7)

The term "includes" shall not limit a term to the specific example, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(8)

Unless the context clearly indicates to the contrary, the terms "public safety," "police protection," "fire protection," "emergency medical services (EMS)," "parks and recreation," "public facilities," and "public buildings" shall have the same meanings given those terms in the city's comprehensive plan.

(9)

The term "mobility fee" shall mean a monetary exaction imposed on new development that results in an increase in personal travel demand above the demand generated by the existing use of property to fund mobility projects identified in a mobility plan.

(10)

The term "mobility fee expenditure" shall mean expenditures for: (a) the repayment of principal and interest or any redemption premium for loans, advances, bonds, bond anticipation notes, and any other form of indebtedness then outstanding consistent with statutory allowances and used to advance mobility projects identified in the mobility plan; (b) reasonable administrative and overhead expenses necessary or incidental to expanding and improving mobility projects; (c) crosswalks, elevated crossings, bridges, traffic control and crossing warning devices, landscape, trees, way finding, irrigation, hardscape, streetscape, and lighting related to projects; (d) micromobility devices, microtransit vehicles, programs and services, (e) mobility hubs, rail stations with parking structures, transit circulators, facilities, programs, shuttles, services and vehicles; (f) reasonable expenses for engineering studies, stormwater reports, soil borings, tests, surveys, construction plans, and legal and other professional advice or financial analysis relating to projects; (g) the acquisition of right-of-way and easements for the improvements, including the costs incurred in connection with the exercise of eminent domain; (h) the clearance and preparation of any site, including the demolition of structures on the site and relocation of utilities; (i) floodplain compensation, wetland mitigation and stormwater management facilities; (j) all expenses incidental to or connected with the issuance, sale, redemption, retirement, or purchase of bonds, bond anticipation notes, or other forms of indebtedness, including funding of any reserve, redemption, or other fund or account provided for in the ordinance or resolution authorizing such bonds, notes, or other form of indebtedness consistent with statutory allowances and used to advance mobility projects identified in the mobility plan; (k) reasonable costs of planning, design, survey, engineering, and construction, including mobilization, maintenance of traffic during construction and CEI (construction engineering and inspection) services of mobility projects, (I) city administration, implementation updates to the mobility plan and mobility fee, including any analysis, assessments, counts, data collection, plans, programs or studies needed for mobility projects, (m), local match for federal, state and county funded projects.

(11)

The term "mobility plan" shall mean the Roads & Intersection Plan, Off-Street Multimodal Plan, On-Street Multimodal Plan, and Transit Plan included in the City of Palm Beach Gardens Citywide Mobility Plan dated March 2025 and prepared by NUE Urban Concepts, LLC that identifies mobility projects within and adjacent to the city to meet future person travel demand from new development and serves as the basis for the city's mobility fee. Future updates of the mobility plan may be referenced as a mobility plan or a mobility plan with a future year.

(12)

The term "mobility project" shall mean improvements such as bike lanes, buffered bike lanes, protected bike lanes, cycle tracks, raised bike lanes, intersections, interchanges, roundabouts, boardwalks, pathways, shared-use paths, sidewalks, elevated walkways, overpasses or underpasses, roads, streets, and streetscape. Mobility projects also include policies, programs and services, wayfinding, micromobility devices, and transit vehicles, circulators, lanes, stops, and facilities, along with mobility hubs and corridor studies. Projects can include new or additional travel lanes and turn lanes, upgrade of roads that results in a change in functionally classification of the road, complete and low speed streets, curbless shared streets, new or upgraded traffic signals, traffic synchronization, mobilization, maintenance of traffic, survey, geotechnical and engineering, utilities, construction, PD&E, planning, engineering and inspection, utility relocation, right-of-way, easements, land acquisition, stormwater management facilities. These projects may also be referred to as mobility plan projects or multimodal projects.

(13)

The term "new development" shall mean new residential and non-residential construction, any new land development or site preparation activity, any new construction of buildings or structures, any modification, reconstruction, redevelopment, or upgrade of buildings or structures, any change of use of a building, land, or structure, and any special exception approval, variance, or special use permit that results in an increase in person travel demand (aka impact) above the demand generated by the existing use of property. Property includes submerged lands. New development may also be referred to as new growth or development activity.

(14)

The land use types listed in section 78-92 for parks and recreation (PARKS & REC), fire protection and emergency medical services (FIRE & EMS), police protection (POLICE), and public facilities (PF) impact fees shall be as defined in the Impact Fee Technical Report dated September 2023 and prepared by NUE Urban Concepts. The land use types listed in section 78-92 for mobility fees shall be as defined in the Mobility Fee Technical Report dated January 2025 and prepared by NUE Urban Concepts.

(15)

A finding of extraordinary circumstances, consistent with F.S. § 163.31801 has been documented in the Impact Fee Technical Report dated September 2023 and prepared by NUE Urban Concepts for police protection, fire protection/EMS, parks and recreation, and public facilities impact fees. Two publicly noticed workshops were held on October 19, 2023, at 9:00 am and October 19, 2023, at 6:00 pm. The city council has approved the finding of extraordinary circumstances by a two-thirds majority of the city council. The fully calculated impact fee rates have been adopted as of the effective date of the impact fee update.

(16)

A finding of extraordinary circumstances, consistent with F.S. § 163.31801 has been documented in the Citywide Mobility Fee Extraordinary Circumstances Study dated March 2025 and prepared by NUE Urban Concepts for the Citywide Mobility Fee. Two publicly noticed workshops were held on March 18, 2025, at 10:00 am and March 18, 2025, at 6:00 pm. The city council has approved the finding of extraordinary circumstances by a two-thirds majority of the city council. The fully calculated mobility fee rates have been adopted as of the effective date of the mobility fee update.

(d)

Imposition of fees.

(1)

Fees required. Any person who seeks to develop land by applying for the issuance of a building permit for one of the land use types specified in section 78-92 shall be required to pay an impact and/or mobility fee for the following services: mobility projects, police protection, fire protection/EMS, parks and recreation, and public facilities in the manner and amount set forth in this chapter.

(2)

Building permits. A building permit shall not be issued until all applicable impact and/or mobility fees required have been paid. The amount of the impact and/or mobility fees shall be as set forth in the schedules provided herein.

(3)

Existing uses. When change of use, redevelopment, or modification of an existing use requires the issuance of a building permit, any impact and/or mobility fees imposed shall be based upon the net increase in the impact and/or mobility fee for the new use as compared to the previous and/or "like" use as set forth in the schedules provided herein below and as determined by city policy. Changes in use that do not require a building permit, but yield a net increase in applicable impact and/or mobility fees shall not be allowed until the net impact and/or mobility fees associated with that change in use have been paid.

(4)

Thresholds. The assessment of impact fees and mobility fees for residential land uses shall be capped at the maximum square footage threshold per residential land use specified in section 78-92.

(5)

Units of measure. The most common unit of measure is per 1,000 square feet (sf) for land uses in section 78-92. While the amounts are illustrated per 1,000 square feet, the actual calculation of impact fees is done on a per square foot basis. This is achieved by dividing the square footage of a land use by 1,000. Other impact and/or mobility fees assessed on a unique unit of measure are done so per unit of measure, unless otherwise defined in a technical report.

(6)

Additive fees. High impact land uses are assessed an impact fee and mobility fee for both the square footage of buildings associated with a primary use of land plus an impact and mobility fee per unit of measure for the structure or component of the land use which creates the impact. These land uses fall under the non-residential land use classifications of the land use types specified in section 78-92.

(e)

A copy of the citywide mobility plan and citywide mobility fee technical report, as adopted by Ordinance 3, 2025 on May 1, 2025, is available for review and inspection in the city clerk's office and on the city's website: www.pbgfl.gov.

(Ord. No. 17-2000, § 49, 7-20-00; Ord. No. 31-2000, § 1, 12-5-00; Ord. No. 11-2001, § 2, 8-2-01; Ord. No. 1, 2016, § 2, 9-22-16; Ord. No. 16, 2019, §§ 1—5, 9-5-19; Ord. No. 19, 2019, § 1(Exh. A), 9-19-19; Ord. No. 5, 2023, § 3(Exh. A), 12-6-23; Ord. No. 4, 2025, § 3(Exh. A), 5-1-25)

The amount of the impact and/or mobility fees shall be determined by the schedules contained herein.

PARKS AND RECREATION (PARKS & REC)

FIRE PROTECTION/EMERGENCY MEDICAL SERVICES (FIRE & EMS)

POLICE PROTECTION (POLICE)

PUBLIC FACILITIES (PF)

MOBILITY

(Ord. No. 17, 2011, § 1, 11-3-11, effec. 2-2-2012; Ord. No. 1, 2016, § 1, 9-22-16; Ord. No. 19, 2019, § 1(Exh. A), 9-19-19; Ord. No. 5, 2023, § 3(Exh. A), 12-6-23; Ord. No. 4, 2025, § 3(Exh. A), 5-1-25)

Editor's note— Ord. No. 17, 2011, § 1, adopted Nov. 3, 2011, repealed former § 78-92, and enacted a new § 78-92 as set out herein. Former § 78-92 pertained to the same subject matter and derived from Ord. No. 17-2000, § 50, adopted July 20, 2000; Ord. No. 31-2000, § 2, adopted Dec. 5, 2000; Ord. No. 22-2000, § 1, adopted Dec. 17, 2000; Ord. No. 11-2001, § 3, adopted Aug. 2, 2001 and Ord. No. 38, 2004, § 2, adopted Sept. 30, 2004.

Editor's note— Ord. No. 1, 2016, § 1, adopted September 22, 2016, repealed §§ 78-93 and 78-94, which pertained to independent calculations and in-kind contributions and derived from Ord. No. 17-2000, adopted July 20, 2000; Ord. No. 31-2000, adopted December 5, 2000; Ord. No. 22-2000, adopted December 7, 2000; Ord. No. 11-2001, adopted August 2, 2001; and Ord. No. 38, 2004, September 30, 2004.

(a)

Annual report. The city shall prepare an annual report of impact and mobility fees collected and expended for each trust fund. The annual report should include the use of credits by building permit applicants. The annual report should identify any changes in the underlying data, funding, methodology, plans, studies cost or capacity that would warrant an update of impact or mobility fees. When any such review warrants a revision of the schedule of impact and/or mobility fees, this chapter shall be amended, to ensure the fees satisfy the requirements set forth in state law.

(b)

Update. Pursuant to F.S. § 163.31801, impact fees and/or mobility fees may not be increased more than once every four years, unless there is a finding of extraordinary circumstances. Future updates shall be based on the most recent and localized data. Updates of the fees should commence at least a year before the four-year statutory update period.

(c)

Audit. Audits of financial statements of local governments, which are performed by a certified public accountant pursuant to F.S. § 218.39, and submitted to the auditor general must include an affidavit signed by the chief financial officer of the local government that the local government has complied with F.S. §§ 163.3180 and 163.31801.

(Ord. No. 17-2000, § 53, 7-20-00; Ord. No. 1, 2016, § 1, 9-22-16; Ord. No. 19, 2019, § 1(Exh. A), 9-19-19; Ord. No. 5, 2023, § 3(Exh. A), 12-6-23; Ord. No. 4, 2025, § 3(Exh. A), 5-1-25)

(a)

Trust funds established. There are established six impact fee trust funds: one for parks and recreation, one for fire protection and EMS, one for police protection, one for public facilities, one for roads, and one for mobility.

(1)

Parks and recreation trust fund. The parks and recreation impact fees shall be deposited in the parks and recreation impact fee trust fund.

(2)

Fire and EMS trust fund. The fire protection and EMS impact fees shall be deposited in the fire protection impact fee trust fund.

(3)

Police protection trust fund. The police protection impact fees shall be deposited in the police protection impact fee trust fund.

(4)

Public facilities trust fund. The public facilities fees shall be deposited in the public facilities impact fee trust fund.

(5)

Road trust fund. The road impact fees shall be deposited in the road impact fee trust fund. Upon expenditure of all road impact fees, the trust fund shall be reviewed for sunset.

(6)

Mobility trust fund. The mobility fees shall be deposited in the mobility fee trust fund.

(b)

Investment, use, and budgeting.

(1)

Investment. The trust funds shall be invested by the city in interest-bearing sources, and all income derived shall accrue to the applicable trust fund.

(2)

Use. The funds shall be used only for capital improvement or multimodal project costs for which the impact fee or mobility fee was levied, and which would add capacity needed to serve new development.

(3)

Budgeting. The city manager shall identify in the city's annual budget those new capital improvements for which the parks and recreation, fire protection/EMS, police protection, and public facilities, impact fees, and mobility fees will be spent. Road impact fees shall be budgeted and expended per their original purpose until all such funds are expended. The funds shall remain restricted to their respective trust funds and the requirements of this division, and the city manager shall ensure that the funds are expended and accounted for in accordance with this division.

(4)

Audit. The city manager shall maintain such records and documentation necessary to allow the effective audit of the use of the parks and recreation, fire protection/EMS, police protection, and public facilities impact fees, and mobility fees. The audit shall reflect once all road impact fee funds have been expended and indicate the road impact fees are no longer collected by the city.

(Ord. No. 17-2000, § 54, 7-20-00; Ord. No. 31-2000, § 4, 12-5-00; Ord. No. 11-2001, § 5, 8-2-01; Ord. No. 1, 2016, § 1, 9-22-16; Ord. No. 19, 2019, § 1(Exh. A), 9-19-19; Ord. No. 5, 2023, § 3(Exh. A), 12-6-23; Ord. No. 4, 2025, § 3(Exh. A), 5-1-25)

(a)

Time of payment. The fee payer shall pay the parks and recreation, fire protection/EMS, police protection, and public facilities impact fees, and/or mobility fees to the city prior to the issuance of a building permit that may be required for development listed in the schedules in section 78-92. A building permit shall not be issued for any development, unless exempt from such fees as provided herein, until such fees have been paid or until the city has accepted alternative payment as set out in this section; provided, however, that alternative payments for road impact fees and/or mobility fees shall be governed exclusively by section 78-97(b) below. For land uses not requiring a building permit, the authorization to proceed shall not be granted until the fees have been paid.

(b)

Alternative payment. In lieu of all or part of the impact fees, the city council may accept an offer by a fee payer to dedicate land and/or construct all or part of a parks and recreation, fire protection/EMS, police protection, or public facilities project. Such construction must be in accordance with state, county, or city design standards, whichever is applicable.

(1)

Project construction. The fee payer shall submit a project description in sufficient detail to allow the city to prepare an engineering and construction cost estimate.

(2)

Land value. The manner of establishing fair market value of land to be dedicated shall be determined by the city council. Costs to determine the land value, such as an appraisal, shall be paid by the fee payer.

(c)

Acceptance. If the city council accepts alternative payment, the city manager shall credit the cost of this construction against the parks and recreation, fire protection/EMS, police protection, or public facilities impact fees otherwise due. The portion of the fee represented by facilities construction shall be deemed paid as follows:

(1)

When the construction is completed and accepted by the city;

(2)

When the fee payer posts security, as provided herein, for the costs of such construction; or

(3)

When the city has accepted title to land dedicated by the fee payer as full or partial credit for a required impact fee payment.

All land dedicated to the city shall be conveyed free of any liens via warranty deed and the costs of conveyance shall be paid by the fee payer. Title insurance in favor of the city or an attorney's opinion of title shall be provided in a manner acceptable to the city attorney.

(d)

Surety or security. Security shall be posted with the city council, made payable to the city in an amount approved by the city manager equal to 110 percent of the full cost of such construction. If the construction project will not be constructed within one year of the acceptance of the offer by the city council, the amount of the security shall be increased by ten percent compounded for each year of the life of the security. The type and form of the security shall be reviewed and approved by the city manager's office prior to acceptance of the security by city council.

(e)

Deposit of funds. All funds collected pursuant to this division shall be promptly transferred for deposit into the appropriate trust fund to be held in separate accounts as determined in section 78-96. Impact and/or mobility fee collections shall be used exclusively for land acquisition, capital improvements, or expansion related to the public purpose for which such fees were collected, with the exception of impact and/or mobility fee administrative costs pursuant to paragraph (f) below. Funds shall be expended in the order in which they are collected.

(f)

Administrative fee. The city shall be entitled to retain a portion of the impact and/or mobility fees it collects to offset the actual costs incurred administering this article. If impact and/or mobility fee funds, which were paid by check, draft, or other negotiable instrument do not clear, the building permit or development order authorizing the development for which the impact and/or mobility fees were paid shall be suspended. The city shall send to the fee payer by certified mail notice of the suspension of a development order. If the impact and/or mobility fees, together with any charges for the funds not clearing, are not paid within ten business days following mailing of the notice, the building permit or development order shall be of no further force and effect for purposes of this article and a stop-work order shall be issued. The stop-work order shall not be lifted until such time as the impact and/or mobility fees are paid.

(Ord. No. 17-2000, § 55, 7-20-00; Ord. No. 31-2000, § 5, 12-5-00; Ord. No. 22-2000, § 1, 12-7-00; Ord. No. 11-2001, § 6, 8-2-01; Ord. No. 1, 2016, § 1, 9-22-16; Ord. No. 19, 2019, § 1(Exh. A), 9-19-19; Ord. No. 5, 2023, § 3(Exh. A), 12-6-23; Ord. No. 4, 2025, § 3(Exh. A), 5-1-25)

(a)

Expiration of building permit. If a building permit expires and no construction has been commenced, the fee payer shall be entitled to a refund of the impact and/or mobility fees paid as a condition for its issuance, less any administrative fees incurred as a result of administering this article. No interest will be paid to the fee payer on refunds due to non-commencement. Refunds resulting from the city's miscalculation of impact and/or mobility fees shall not be charged the administrative fees on the amount refunded.

(b)

Change in status. No refunds shall be given for a change in land use or structure after occupancy has occurred.

(c)

Return of fees. Any funds not expended or encumbered by the end of the calendar quarter immediately following six years from the date the impact and/or mobility fee was paid shall, upon application of the fee payer within 180 days of that date, be returned to the fee payer with interest at the rate of one percent per annum.

(Ord. No. 17-2000, § 56, 7-20-00; Ord. No. 1, 2016, § 1, 9-22-16; Ord. No. 19, 2019, § 1(Exh. A), 9-19-19; Ord. No. 5, 2023, § 3(Exh. A), 12-6-23; Ord. No. 4, 2025, § 3(Exh. A), 5-1-25)

(a)

Exemptions. Exemptions from payment of impact and/or mobility fees are established below.

(1)

No additional demand. Alteration or expansion of an existing building or use of land where no additional living units are created, where the use is not changed, and where no additional demand for mobility, police, or fire protection services will be produced over and above that produced by the existing use.

(2)

No additional living or dwelling units. The construction of accessory buildings or structures that will not produce additional living units over and above those located in the principal building or use of the land.

(3)

Replacement. The replacement of a building, mobile home, or structure that was in place on the effective date of the ordinance from which this article derives or the replacement of a building, mobile home, or structure that was constructed subsequent thereto and for which the correct impact and/or mobility fee had been paid or otherwise provided for, with a new building, mobile home, or structure of the same use, provided that no additional impact will be produced over and above that produced by the original use of the land.

(4)

Public facilities. The construction of publicly owned governmental buildings or facilities.

(5)

Abandonments. A use of a structure or land that has been abandoned for a period of more than five years shall not be considered an existing or ongoing use for purposes of exemptions or credits. Any previous payment of impact and/or mobility fees under this article shall be credited against the appropriate impact and/or mobility fees owed as a result of the change. The burden of demonstrating the existence of a use or structure or previous payment of impact fees shall be upon the fee payer. When a use is existing, any additional fees shall be based upon the alteration to the existing use or structure.

(b)

Credit.

(1)

Improvements.

a.

All improvements to and/or land dedications for parks and recreation, fire protection and EMS, police protection, public facilities or mobility projects required under city development approval shall be credited against impact fees and/or mobility fees up to the total of the fees due. A fee payer proposing credit for land dedication shall present property appraisals prepared by qualified professionals and a certified copy of the most recent assessment of the property for tax purposes to be used in determining the amount of the credit. However, the city retains the right to determine the amount to be credited by preparing engineering and construction cost estimates and/or property appraisals for those improvements and/or land dedications.

b.

Fee payers claiming credits for construction and/or land dedication shall submit documentation sufficient to permit the growth management director to determine whether such credits are due and, if so, the amount of such credits.

c.

In the event the cost of the improvements and/or land dedications exceed the total amount of impact fees and/or mobility fees due, the city council may, on a case-by-case basis and in the exercise of its discretion, allow the fee payer constructing such improvements and/or making such land dedications to pool impact fees and/or mobility fees for multiple developments or enter into funding agreements with other fee payers whose developments contribute to the need for such capital improvements.

(2)

Alteration, expansion, or replacement. Where alteration, expansion, or replacement of a building or unit, or a change in land use or presently existing which involves an increase in the number of units or square footage or a change in use resulting in new impacts on mobility projects, police, fire and EMS, parks and recreation, or public facilities for which the impact fee and/or mobility fees is assessed, credit shall be allowed as provided herein. Credit shall be given for the number of existing units or square feet based upon the existing or previous land use, and impact fees and/or mobility fees shall only be assessed on the increased level of impact resulting from such alteration, expansion, or replacement.

(3)

Residential buildings. For an addition to an existing residential building in which additional living units are created, the fee payer shall provide to the city manager a certification of an architect setting forth the square footage of the existing building. For an addition to an existing residential building, the fee payer, at his or her sole option, may pay the impact fee and/or mobility fee for the addition as if it alone was a new building rather than provide the certification of an architect setting forth the square footage of the existing building.

(c)

Failure to claim. Exemptions or credits must be claimed by the fee payer at the time of the application for a building permit. Any exemptions or credits not so claimed shall be deemed waived by the fee payer.

(d)

Alternative payment and credit for mobility fees.

(1)

In general. In lieu of paying all or a portion of the mobility fee, the fee payer may elect to construct mobility projects identified in the city's mobility plan, whichever is applicable. The fee payer shall submit a plan of construction, along with a certified engineer's cost estimate, to the growth management director and city engineer.

(2)

Construction standards. All mobility projects constructed pursuant to this subsection shall comply with the requirements of the City's Code of Ordinances.

(3)

Calculation of credit. Based on the certified cost estimate submitted and any other relevant information acquired by or provided to the city, the city engineer shall determine the amount of credit to be given and the timetable for completion of the proposed construction. The city engineer shall certify the amount of the credit to the finance director.

(4)

Costs creditable. Credit shall be given only for the costs of plans preparation and construction.

a.

Plan preparation. Costs of plan preparation for mobility project construction shall be credited if approved by the city engineer and the finance director based on reasonable costs associated with the preparation of such plans.

b.

Construction costs. Only mobility projects included in the capital improvements program are eligible for mobility fee credits. An applicant may request that the city council add mobility projects to the capital improvements program. The mobility projects requested for inclusion in the capital improvements program shall be based upon either the mobility plan, a bicycle, pedestrian or trails master plan, the long-range transportation plan, the transit development plan, or a multimodal plan or study accepted by the city council. On-site improvements for turn lanes, travel lanes, bike lanes, paths, sidewalks, trails, roundabouts, or traffic control devices at project entrances or immediately adjacent improvements deemed to be site related by the city engineer are not eligible for any mobility fee credit.

(5)

Pooling. In the event the cost of the improvements exceeds the total amount of mobility fees due, the city council may, on a case-by-case basis and in the exercise of its discretion, allow the fee payer constructing such improvements to pool mobility fees for multiple developments or enter into funding agreements with other fee payers whose developments contribute to the need for such capital improvements.

(Ord. No. 17-2000, § 57, 7-20-00; Ord. No. 31-2000, § 6, 12-5-00; Ord. No. 11-2001, §§ 7, 8, 8-2-01; Ord. No. 1, 2016, § 1, 9-22-16; Ord. No. 19, 2019, § 1(Exh. A), 9-19-19; Ord. No. 4, 2023, § 3, 6-1-23; Ord. No. 5, 2023, § 3(Exh. A), 12-6-23; Ord. No. 4, 2025, § 3(Exh. A), 5-1-25)

Any decision made by the city manager or designee in the course of administering this article may be appealed in accordance with those procedures set forth in this chapter for appeals of administrative decisions.

(Ord. No. 17-2000, § 58, 7-20-00; Ord. No. 1, 2016, § 1, 9-22-16; Ord. No. 5, 2023, § 3(Exh. A), 12-6-23; Ord. No. 4, 2025, § 3(Exh. A), 5-1-25)

(a)

Building permits. If impact and/or mobility fees remain unpaid, no further building permits of any type shall be issued on the property for which the fees remain unpaid. Building permits, certificates of occupancy, or occupancy permits may be issued only upon full payment of any previously owed impact and/or mobility fees, together with any interest owing, and current impact and/or mobility fees, if any.

(Ord. No. 17-2000, § 59, 7-20-00; Ord. No. 22-2000, § 1, 12-7-00; Ord. No. 1, 2016, § 1, 9-22-16; Ord. No. 19, 2019, § 1(Exh. A), 9-19-19; Ord. No. 5, 2023, § 3(Exh. A), 12-6-23; Ord. No. 4, 2025, § 3(Exh. A), 5-1-25)

It shall be unlawful to violate this article, and any violation shall be punishable according to law. However, in addition to or in lieu of any criminal prosecution, the city or any fee payer shall have the power to sue for relief in civil court to enforce the provisions of this article. Knowingly furnishing false information to the growth management director or other city official for any matter relating to the administration of this article shall constitute a violation thereof.

(Ord. No. 17-2000, § 60, 7-20-00; Ord. No. 1, 2016, § 1, 9-22-16; Ord. No. 5, 2023, § 3(Exh. A), 12-6-23; Ord. No. 4, 2025, § 3(Exh. A), 5-1-25)

A building permit, sign permit, or other permit, or certificate, license, or other document of approval, shall not be issued by the city until the growth management director or designee has determined that the use of such permit or document complies with the requirements of the chapter.

(Ord. No. 17-2000, § 61, 7-20-00)

A building or other structure shall not be erected, moved, added to, or structurally altered unless a building permit is issued by the city. A building permit shall not be issued by the building official unless the permit complies with the requirements of this chapter.

(Ord. No. 17-2000, § 62, 7-20-00)

(a)

Certificates required. It shall be unlawful to use or occupy any building, building addition, land, or premises unless a certificate of occupancy is issued by the city. The use or occupancy of any building, land, or premises shall comply with the requirements of this chapter.

(b)

Nonconforming structures and uses. A nonconforming structure or use shall not be maintained, renewed, changed, or extended until a certificate of occupancy has been issued by the city. The certificate shall specify the reasons why a structure or use is nonconforming. Within 12 months after the effective date of this division, the city shall notify in writing all owners of nonconforming uses or structures and inform them of the requirements of this division. Upon notification, the owners shall have three months to apply for a certificate of occupancy. Failure to obtain a certificate of occupancy shall be a violation of these regulations.

(Ord. No. 17-2000, § 63, 7-20-00)

Editor's note— Ord. No. 7, 2017, § 5, adopted March 2, 2017, repealed § 78-114, which pertained to occupational licenses and derived from Ord. No. 17, 2000, § 64, adopted July 20, 2000.

The purpose and intent of this division is to protect and safeguard the health, safety, and welfare of the residents and visitors of Palm Beach Gardens by providing criteria for regulating and prohibiting the use, handling, production, and storage of certain hazardous substances which may impair present and future public potable water supply wells and wellfields. The authority to administer and enforce this division shall rest with the city manager and/or his/her designee.

(Ord. No. 15, 2012, § 2(Exh. A), 5-3-2012)

The requirements and provisions of this division shall take effect immediately upon adoption, May 4, 2012, to all new nonresidential activities.

(Ord. No. 15, 2012, § 2(Exh. A), 5-3-2012)

(a)

All those lands located within the municipal boundaries of the City of Palm Beach Gardens, Florida as depicted on the zones of influence Map, dated October 21, 2010, and established by the Palm Beach County Department of Environmental Resources Management, a copy of which shall be kept on file with the city clerk. However, notwithstanding the foregoing, Zone 4 on the zones of influence map shall be exempt from the regulations and restrictions of this division.

The zones of influence indicated on the zones of influence maps are as follows:

Zone 1—The land area situated between the well(s) and the 30-day travel-time contour;

Zone 2—The land area situated between the 30-day and the 210-day travel-time contours;

Zone 3—The land area situated between the 210-day and the 500-day travel-time contours; and

Zone 4—The land area situated beyond the 500-day travel-time contour and within the one (1) foot drawdown contour.

(b)

In determining the location of properties and facilities with the zones depicted on the zones of influence maps, the following rules shall apply:

(1)

Properties located wholly within one (1) zone reflected on the applicable zones of influence maps shall be governed by the restrictions applicable to that zone;

(2)

To the extent section 78-122, prohibitions and restrictions does not apply, properties having parts lying within more than one (1) zone as reflected on the applicable zones of influence maps shall be governed by the restrictions applicable to the zone in which the part of the property is located;

(3)

Where a travel-time contour which delineates the boundary between two (2) zones of influence passes through a facility, the entire facility shall be considered to be in the more restrictive zone; and

(4)

Where the facility, or portion thereof, is overlapped by zones of influence of different wells or wellfields, the stricter zones shall apply.

(Ord. No. 15, 2012, § 2(Exh. A), 5-3-2012)

Except as otherwise authorized herein, the manufacture, storage, or application of those materials listed in section 78-125, regulated substances, shall be prohibited and/or restricted as set forth herein within the zones depicted in section 78-122, protected zones. Notwithstanding the foregoing, the subject restrictions shall not apply to parcels lying entirely within Zone 4.

(1)

Prohibited activities. The use, handling, production, and storage of regulated substances associated with nonresidential activities in quantities exceeding five (5) gallons, if liquid, or twenty-five (25) pounds if solid, are prohibited in Zones 1, 2, and 3 except as provided under the operating conditions provisions of this division.

(2)

Operating conditions. Any nonresidential activity within Zone 2 or Zone 3 that desires to store, handle, use, or produce any regulated substance in the threshold quantities set forth hereinabove shall apply to the city for approval to operate. Such application shall be submitted to the city and reviewed by the seacoast utility authority (SUA). Subsequent to SUA's review, the city may approve, deny, or approve with conditions any application submitted pursuant to this division. The following is a list of operating conditions that may be imposed in order to receive approval:

a.

Containment of regulated substances. Leak-proof trays under containers, floor curbing or other containment systems to provide secondary liquid containment shall be installed. The containment shall be of adequate size to handle all spills, leaks, overflows, and precipitation until appropriate action can be taken. The specific design and selection of materials shall be sufficient to preclude any regulated substance loss to the external environment. Containment systems shall be sheltered so that the intrusion of precipitation is effectively prevented. The owner/operator may choose to provide adequate and appropriate liquid collection methods rather than sheltering only after approval of the design by SUA. These requirements shall apply to all areas of use, production, and handling, to all storage areas, to loading and off-loading areas, and to above-ground and underground storage areas. The containment devices and liquid collection systems shall be certified in the operating approval application by a professional engineer or professional geologist registered or licensed in the State of Florida.

b.

Emergency collection devices. Vacuum suction devices, absorbent scavenger materials, or other devices approved by the Palm Beach County Department of Environmental Resources (ERM) shall be present on site or available within two (2) hours by contract with a cleanup company approved by ERM, in sufficient magnitude so as to control and collect the total quantity of regulated substances present. To the degree feasible, emergency containers shall be present and of such capacity as to hold the total quantity of regulated substances plus absorbent material. The presence of such emergency collection devices shall be certified in the operating application for new activities prior to the presence of regulated substances on the site. Certification shall be provided by a professional engineer or professional geologist registered or licensed in the State of Florida.

c.

Emergency plan. An emergency plan shall be prepared and filed with the operating approval application indicating the procedures which will be followed in the event of spillage of a regulated substance so as to control and collect all such spilled material in such a manner as to prevent it from reaching any storm or sanitary drains or the ground.

d.

Inspection. A responsible person designated by the operator who stores, handles, uses, or produces the regulated substances shall check on every day of operation for breakage or leakage of any container holding the regulated substances. Electronic sensing devices may be employed as part of the inspection process, if approved by the city, and provided the sensing system is checked daily for malfunctions. The manner of daily inspection shall not necessarily require physical inspection of each container provided the location of the containers can be inspected to a degree which reasonably assures the city and SUA that breakage or leakage can be detected by the inspection. Monitoring records shall be kept and made available to the city and/or SUA at all reasonable times for examination.

e.

Proper and adequate maintenance of containment and emergency equipment. Procedures shall be established for quarterly, in-house inspection and maintenance of containment and emergency equipment. Such procedure shall be in writing; a regular checklist and schedule of maintenance shall be established; and a log shall be kept of inspections and maintenance. Such logs and records shall be available for inspection by the city and SUA.

f.

Reporting of spills. Any spill of a regulated substance in excess of the non-aggregate quantity thresholds identified in the definition of "regulated substance" shall be reported by telephone to Palm Beach County Health Department (PBCHD) and SUA within one (1) hour and to the city within twenty-four (24) hours of discovery of the spill. Cleanup shall commence immediately upon discovery of the spill. A full written report, including the steps taken to contain and clean up the spill, shall be submitted to SUA and the city within fifteen (15) days of discovery of the spill.

g.

Monitoring for regulated substances in the potable water wells. Arrangements shall be made with SUA to establish a semi-annual schedule of raw water analysis unless sampling results indicate contamination, in which case the city, upon the recommendation of SUA, may require an increased sampling schedule. The analysis shall be for all substances which are listed on the operating approval. The analytical reports shall be prepared by a State of Florida certified laboratory, certified for the applicable analyses. It shall be the responsibility of SUA to provide for the sampling and analyses but the cost shall be borne by the operator or those operators on a pro-rata basis as to the same substances listed on the approvals of those operators in zones of influence of the subject well. Samples shall be taken by the State of Florida certified laboratory performing the analyses, or its authorized representative. Semi-annual reports prepared by a State of Florida certified laboratory of the analyses for regulated substances shall be submitted to SUA for the purpose of determining the presence of regulated substances in each well for which a Zones of Influence map has been established.

h.

Regulated substances in groundwater monitoring wells. Groundwater monitoring well(s) shall be provided at the expense of the operator in a manner, number, and location approved by the City, upon the recommendation of SUA. Except for existing wells found by SUA to be adequate for this provision, the required well or wells shall be installed by a State of Florida licensed water well contractor. Samples shall be taken by the State of Florida certified laboratory performing the analyses, or its authorized representative. Analytical reports prepared by a State of Florida certified laboratory of the quantity present in each monitoring well of the regulated substances listed in the activity's operating approval shall be filed at least semi-annually, or more frequently as determined by the city, upon the recommendation of SUA, based upon site conditions and operations.

i.

Alterations and expansions. The city and SUA shall be notified in writing prior to the expansion, alteration, or modification of an activity. Such expansion, alteration, or modification may result from increased square footage of production or storage capacity, or increased quantities of regulated substances, or changes in types of regulated substances beyond those square footages, quantities, and types upon which the operating approval was granted. Should a facility add new regulated substances which individually are below the thresholds set forth hereinabove, it shall notify the city and SUA on an annual basis of the types and quantities of such substances added and the location of the use, handling, storage, and production of said substances. Any such expansion, alteration, or modification shall be in strict conformity with this division.

j.

Reconstruction after catastrophe. Reconstruction of any portion of a structure or building in which there is any activity subject to the provisions of this regulation which is damaged by fire, vandalism, flood, explosion, collapse, wind, war, or other catastrophe shall be in strict conformity with this division.

k.

Revocation or revision for spill. Within thirty (30) days of acquiring knowledge of any spill of a regulated substance, the city, upon the recommendation of SUA, may consider revocation or revision of the operator approval. In consideration of whether to revoke or revise the operator approval, the city may consider the intentional nature or the degree of negligence, if any, associated with the spill; the extent to which containment or cleanup is possible; the nature, number, and frequency of previous spills by the operator; and the potential degree of harm to the groundwater and surrounding wells due to such spill.

(Ord. No. 15, 2012, § 2(Exh. A), 5-3-2012)

The prohibitions, restrictions, and conditions set forth in section 78-123, hereinabove shall not apply in the following circumstances:

(1)

Continuous transit. The transportation of any regulated substance through Zones 1, 2, and 3 shall be exempt from the provisions of this Section, provided that the transporting motor vehicle is in continuous transit. The transport of such substances through existing permanent pipelines is also exempt, provided that the currently authorized use or uses are not changed.

(2)

Vehicular and lawn maintenance fuel and lubricant use. The use in a vehicle or lawn maintenance equipment of any regulated substance solely as fuel in that vehicle or equipment fuel tank or as a lubricant in that vehicle or equipment shall be exempt from the provisions of this division.

(3)

Application of pesticides, herbicides, fungicides, and rodenticides. The application of those regulated substances used as pesticides, herbicides, fungicides, and rodenticides in recreation, agriculture, pest control, and aquatic weed control activities shall be exempt from the provisions of this division provided that:

a.

In Zones 1, 2, and 3, the application is in strict conformity with the use requirement as set forth in the substances' EPA registries and as indicated on the containers in which the substances are sold;

b.

In Zones 1, 2, and 3, the application is in strict conformity with the requirements as set forth in Chapters 482 and 487, Florida Statutes and Chapters 5E 2 and 5E 9, F.A.C.;

c.

In Zones 1, 2, and 3, the application of any pesticides, herbicides, fungicides, and rodenticides shall be noted in the records of the certified operator; and

d.

In Zones 1, 2, and 3, the pesticides, herbicides, fungicides, and rodenticides shall not be handled during application in a quantity exceeding seven hundred (700) gallons of formulation.

(4)

Office uses. Offices uses, except for the use of regulated substances for the maintenance and cleaning of office buildings, shall be exempt from the provisions of this division.

(5)

Construction activities. The activities of constructing, repairing, or maintaining any facility or improvement on lands within Zones 1, 2, and 3 shall be exempt from the provisions of this division, provided that all contractors, subcontractors, laborers, material men, and their employees, when using, handling, storing, or producing regulated substances in Zones 1, 2, and 3, use applicable best management practices, defined herein as methods or techniques found to be the most effective and practical means in achieving the prevention of pollution.

(6)

Existing activities. An existing activity, defined as one for which a building permit, business tax receipt, or other federal, state, or county regulatory authorization had been issued, or for which a completed building permit or business tax receipt application had been filed and accepted by the city prior to May 4, 2012, shall be exempt from the provisions of this division. All other activities shall be deemed "new." Nothing herein shall be construed to alter the containment or monitoring provisions established by permit, license, or other legal authorization for existing activities. This division shall not regulate, restrict, or limit the maintenance, renewal, or replacement of infrastructure associated with existing activities.

(7)

De minimis activities. Storage of one (1) individual container per unsubdivided parcel per single regulated substance not exceeding five (5) gallons, if liquid, or twenty-five (25) pounds if solid, shall be exempt from regulation by this division.

(Ord. No. 15, 2012, § 2(Exh. A), 5-3-2012)

(Ord. No. 15, 2012, § 2(Exh. A), 5-3-2012)

(a)

Enforcement. The provisions of this division shall be administered and enforced by the city manager or his/her designee.

(b)

Violations. Any violations of any provision of this division shall be subject to code enforcement action and/or any other remedy available under the law.

(Ord. No. 15, 2012, § 2(Exh. A), 5-3-2012)