Palm Shores City Zoning Code
SITE DEVELOPMENT
PLANS
§ 157.135 PURPOSE AND INTENT.
As the general welfare, health, safety and convenience of the community are directly affected by the use of land, it is in the direct interest of the public that developments be conceived, designed and developed in accordance with sound rules and proper minimum standards. The purpose and intent of this subchapter is to serve as one of the instruments of land use control for the town and to provide:
(A) Proper traffic circulation, both vehicular and pedestrian;
(B) Fire and police protection;
(C) Protection from flooding and provide proper storm water management;
(D) Coordination with existing and proposed development;
(E) Protection of natural resources and the environment;
(F) Adequate open space and recreation, when applicable;
(G) The adequate and efficient supply of utilities, streets and services to new land developments; and
(H) The maintenance of minimum standards for visual, design and aesthetic development of properties in the town.
(Ord. 2002-03, passed 6-25-2002)
§ 157.136 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CERTIFICATE OF OCCUPANCY (CO). A document, certified by the Chief Building Official, that certifies that a particular building may now be used or occupied because that building has been constructed in accordance with all provisions of the Building Code, an approved site development plan and all other ordinances and laws applicable thereto.
COMMERCIAL. Buildings, structures or uses designed or intended for business, retail or professional activities of any kind. For purposes of this subchapter, COMMERCIAL shall also include hotels and motels.
DEVELOPER. Any person proposing a development which requires site plan approval pursuant to this section. The term is used interchangeably with APPLICANT or PETITIONER.
DEVELOPMENT. The construction, installation, demolition or removal of a structure, impervious surface, including adding, removing, exposing, excavating, leveling, grading, digging, furrowing, dumping, piling, dredging, or otherwise significantly disturbing or altering soil, mud, sand or rock of a site. The clearing, scraping, grubbing, killing or otherwise removing vegetation from a site shall also be considered DEVELOPMENT.
DEVELOPMENT ORDER. Any order granting, denying or granting with conditions an application for a development permit.
(F.S. § 163.3164)
DEVELOPMENT PERMIT. Includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance or any other official action of local government having the effect of permitting the development of land.
(F.S. § 163.3164)
IMPERVIOUS SURFACE. Those hard-surfaced areas which either prevent or retard the entry of water into soil mantle, as it entered under natural conditions prior to development and/or cause water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions, prior to development. Common impervious surfaces include, but are not limited to, rooftops, sidewalks, patio areas, driveways, parking lots, storage areas and other surfaces which similarly impact the natural infiltration or runoff patterns which existed prior to development, including normal water inn ponds or lakes.
INSTITUTIONAL. Public and quasi-public buildings and uses, buildings for public assemblage, libraries, fire stations, hospitals, sanitariums, convalescent homes, private schools, private camps and clubs and similar type uses.
MULTI-FAMILY. Buildings, structures and uses designed or intended for residential occupancy, which includes three or more living dwelling units, including apartments, efficiencies, townhouses and condominiums. MULTI-FAMILY does not include motels or hotels.
OWNER. The owner or owners of record of the property that is the subject of a request.
SUBSTANTIAL OR MAJOR CONSTRUCTION. Construction activity which has occurred on a site which meets or exceeds 50% of the required construction expenditure for fulfillment of the development order, or when at least 25% of the required construction expenditure for fulfillment of the development order occurs in any calendar year.
TRAFFIC IMPACT STATEMENT. A traffic report/study to identify that the impact of the traffic generation and flow will not adversely affect the community. The statement must be signed and sealed by a state registered professional engineer. Minimum information must include a.m. and p.m. peak hour trips, traffic volume counts, turning movements, traffic assignment studies, accident analysis and geometric design, traffic safety effects, traffic signal studies, pedestrian activity and safety/site distance with respect to subject property accesses.
(Ord. 2002-03, passed 6-25-2002)
§ 157.137 APPLICABILITY AND DEVELOPMENTS REQUIRING SITE PLAN REVIEW.
The procedures contained in this subchapter are applicable to all projects involving land development (other than subdivisions), including those without structures such as parking lots, and those which involve the construction of any facility. Also included are projects which involve the alteration or conversion of existing structures or the change of use of a structure where the site and/or structure does not meet the current criteria of this regulation. The provisions of this code, where appropriate, are to be applied to on-site and off-site development activity. Exceptions from applicability of this subchapter are:
(A) Single-family dwellings or major appurtenances thereto;
(B) Three or less duplex units in a subdivision where a certificate of completion for the subdivision has been issued by the town;
(C) Subdivision procedures which involves land development which involves the subdividing or platting of land covered by formal platting and replat procedures, pursuant to Chapter 156; and
(D) Modifications to approved site development plans in accordance with and as provided in § 157.143 of this subchapter.
(Ord. 2002-03, passed 6-25-2002)
§ 157.138 FEE.
Application fees for site development plan review, concurrency fees, site variance application fees and/or any other fees for review of applications provided in this subchapter, as may be adopted from time to time by resolution of the Town Council, must be paid to the town at the time the submittals/applications are made to the Town Clerk.
(Ord. 2002-03, passed 6-25-2002)
§ 157.139 APPLICATION REQUIREMENTS.
(A) Generally. The petitioner must submit seven copies of a site plan prepared, signed and sealed by an architect or professional engineer, licensed by the state, seven copies of a reduced site plan (minimum of 11 inches by 17 inches ), seven copies of boundary survey (of which three must be signed and sealed by a licensed surveyor), seven copies of an existing tree survey, seven copies of landscape plan proposed in accordance with the landscape regulations of the town, §§ 154.055 through 154.065, seven copies of traffic impact statement signed and sealed by a state registered professional engineer when determined to be needed by the town planning or engineering consultants, two complete copies of the stormwater management plan and calculations per SJRWMD or other town standards and a site plan review fee. An application that meets all of these requirements must be considered a sufficient application. Additionally, prior to issuance of a building permit, the petitioner must execute and record a stormwater maintenance agreement, as required by the code of ordinances of the town. In keeping with the requirements specified above, all site plans shall include the items listed in the required submittals check list as adopted by resolution by the Town Council. The required submittal checklist shall be made available in the office of the Town Clerk and/or town planning or engineering consultant.
(B) Pre-application conference. A pre-application conference can be requested by the applicant and is suggested in order to become aware of the town’s requirements. Site plans may be submitted as preliminary plans, in order to obtain a preliminary review prior to making expenditures on final engineering and construction documents. Preliminary plans at a minimum shall include: boundary survey, site layout, preliminary utility locations, ingress points, dimensions (setbacks, parking, aisles, buildings and the like); site data calculations; open space; retention areas and other information deemed necessary by the town for a particular use. Preliminary plans are required submittals for conditional use permit applications.
(C) Final site plans. Requests for final approval and issuance of a development order shall be made for final site plans containing all required information on the site, engineering, construction and permitting as described herein
(Ord. 2002-03, passed 6-25-2002)
§ 157.140 SUFFICIENT APPLICATION; REVIEW TIME; STAFF REPORT.
(A) Sufficient application. A sufficient application for site plan review must be filed with the Town Clerk a minimum of 45 days prior to the date of the Planning Board meeting in the month applicant desires to be heard. On that submittal date, the town planner shall transmit the copies to various review agencies/departments for their review and comment.
(1) The Fire Department shall review the plan to ensure that the size and spacing of water mains and fire hydrants are adequate; that the location of buildings and service roads are adequate to permit ingress and egress for firefighting equipment.
(2) The Engineer shall review the plan to ensure that an orderly and safe traffic flow is permitted within the site, that no traffic problems are created by the proposed ingress and egress routes, and that the plan provides adequate parking; shall verify easements and their adequacy, and shall review the plan to ensure adequate stormwater management facilities; shall review the sanitary sewer system to ensure that the mains and laterals are adequate; trash and garbage pickup facilities and access thereto.
(3) The town planner shall review the plans to ensure its compliance with the zoning ordinance, the comprehensive plan, site plan review and other ordinances of the town.
(B) Report; changes by applicant. Within ten working days, from the submittal date of a sufficient application, the various review agencies must submit, in writing, to the town planner recommendations on the factors relating to the site plan which bear upon the public interest. The comments shall then be forwarded to the applicant. The applicant shall have an opportunity to review the comments and make any changes on the site plan to conform to the recommendations. The corrections must be submitted to the town planner at least 18 working days prior to the Planning Board meeting and staff will have eight working days to review this first revision. Eight days prior to the Planning Board meeting, each staff agency must make a recommendation of either approved, approved with conditions or deny, with that written report.
(C) Continuance. The applicant may request in writing one continuance of the time frames indicated above. A requested continuance may be no greater than 60 days.
(D) Revised plans. Revised plans to meet the conditions/comments of staff review must be submitted within 60 calendar days from the date those conditions/comments were delivered to the applicant. Failure to submit revised plans shall result in an automatic withdrawal of the application.
(Ord. 2002-03, passed 6-25-2002)
§ 157.141 STAFF REPORT; PLANNING BOARD REVIEW.
(A) Staff report. Based on all comments, the town planner shall place the item on the first Town Council meeting after the Planning Board review. The Town Council shall make findings of fact and may approve, approve subject to conditions or disapprove the site plan. If the site plan is denied, the town planner shall provide written notice of the reasons for denial and inform the applicant of the applicant’s right of appeal.
(B) Building permit. No building permit shall be issued by the town until a development order has been issued (which constitutes a letter from the town planner, showing Town Council approval) and construction plans for the development have been approved and accepted by the Chief Building Official and his or her designee(s).
(C) Development order. No work of any nature shall commence on the property until a development order has been issued. Upon site development plan approval, construction plan approval and issuance of a building permit, the development shall be built in accordance with the approved site development plan. The Town Engineer shall at a minimum conduct two site inspections while site development is under construction.
(D) As-built survey-site development. After site development construction and prior to receiving a building permit, the developer must provide the Town Engineer with three copies of an as-built survey. The Town Engineer shall certify in writing that the site development substantially conforms to the approved site development plan. In addition, all state or federal agency permits applicable to the project shall be filed with the town, including, but not limited to, SJRWMD, FDEP, FCOE and the like.
(E) As-built survey-building construction. Prior to issuance of a final certificate of occupancy by the Chief Building Official, the developer must provide three copies of an as-built survey.
(F) Development schedule. The developer must provide a development schedule which includes, at a minimum, the schedule of development activity, anticipated date of commencement, schedule of construction activity and anticipated date of completion to the Chief Building Official.
(Ord. 2002-03, passed 6-25-2002)
§ 157.142 DURATION OF APPROVED SITE PLAN; EXTENSION; PHASING.
(A) Duration of approved site plan. Following issuance of a development order by the town, the applicant shall have one calendar year to commence construction on the site. Where substantial construction has not begun within one calendar year or where substantial progress has not been made during any six-month period following commencement of construction, the site plan approval shall expire and the site plan may be subject to re-evaluation by the town.
(B) Extension; application for. One extension of one calendar year may be granted by the Planning Board following review and recommendation by staff on request of the applicant. Consideration of an extension may occur only if an application for an extension is made prior to the expiration of the site plan and where conditions or codes have not changed during the first year so as to affect the public health, safety and welfare of the citizens of the town.
(C) Development of site under an approved site plan. If the final certificate of occupancy (CO) on the site has not been issued within three years from the original site plan approval date, the site plan approval shall be deemed to have expired and the petitioner must make application for a new site plan review approval to continue with construction.
(D) Phasing of site development.
(1) General. If a request for phasing is approved at the time of issuance of the development order, the dates for each phase shall be adhered to or the development order shall expire.
(2) Determination of phasing.
(a) The following guidelines shall be used for determining eligibility for phasing:
1. Sites greater than three acres; and
2. Buildings greater than 15,000 square feet.
(b) Phasing shall not be granted for more than three calendar years.
(Ord. 2002-03, passed 6-25-2002)
§ 157.143 MODIFICATIONS TO A SITE OR TO AN APPROVED SITE PLAN.
(A) When a site plan on a single lot, tract or parcel of land is approved, any subdivision of or augmentation to the land assemblage included in the site plan must be resubmitted for the site plan review process as set forth in this chapter. Additionally, any substantial changes to landscaping, traffic flow and accesses, utility requirements and/or the stormwater management plan shall require resubmittal for site plan review approval through the procedures set forth in this subchapter. The Mayor shall make the initial determination if there was a substantial change to the landscaping, traffic flow and accesses, utility requirements and/or the stormwater management plan on the submitted site plan in consultation with and upon the recommendation of the town planner and/or Town Engineer.
(B) Revisions and/or modifications to approved site development plans while under construction which do not increase the number of buildings or adversely impact compliance with the approved site development plan, and would not alter the required infrastructure and improvements necessary to serve the site, may be approved in writing by the Mayor, upon review and recommendation by the town planner, Town Engineer or Chief Building Official provided the additions and/or modifications fully conform to all existing town regulations. Prior to final acceptance of the site, as-built drawings shall be submitted indicating the revisions and/or modifications prior to site acceptance.
(C) Changes in use shall be evaluated by the town planner or designee as to the need for a complete site development plan review and possible modifications, based on the nature of the change in use or occupancy and the need for compliance with current regulations. The following items shall be provided for review of a change of use:
(1) Type of business;
(2) Previous use;
(3) Hours of operation;
(4) Square footage of all structures; and
(5) Scaled drawing of the site and structure. Drawing to include:
(a) Parking (with dimensions) including handicapped spaces;
(b) Loading;
(c) Ingress/egress to the site;
(d) Traffic circulation pattern;
(e) Adjacent roadways;
(f) Dumpster location;
(g) Existing and proposed signage; and
(h) Any other information pertinent to the operation of the site.
(6) State accessibility standards for entrance and restrooms.
(D) Following receipt of the information noted above, the town planner or his or her designee shall have ten working days to provide his or her recommendation and determination as to whether a change in use will require a site development plan submittal. The applicant/petitioner shall be notified in writing of the town planner’s determination.
(Ord. 2002-03, passed 6-25-2002; Ord. 2022-05, passed 11-22-2022)
§ 157.144 SITE STANDARD VARIANCES.
The Planning Board may recommend to the Council, who may grant a standard site variance from the applicability or specific terms of these regulations, exclusive of zoning regulations which shall only be heard by the Board of Adjustment, when the standard site variance will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this section would result in unnecessary hardship. The terms shall only include the following waivers: 10% reduction in parking or alterations of the landscaping or buffering requirements. Applications for standard site variances must be applied for in accordance with the code of ordinances, and must be duly advertised in accordance with applicable law.
(Ord. 2002-03, passed 6-25-2002)
§ 157.145 EXCEPTIONS.
The standards and requirements set forth in these regulations may be modified by the Town Council in the case of a plan and program for a complete community or a planned development which in the judgment of the Town Council provides adequate public or private spaces and improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and populated, and which also provides the covenants or other legal provisions as will assure conformity to the implementation of the plan. In granting the modification, the Town Council shall require the reasonable conditions and standards as will secure substantially the objectives and standards of this chapter. The Council may use a development agreement to formalize this situation.
(Ord. 2002-03, passed 6-25-2002)
§ 157.146 APPEALS.
Appeals to terms or implementation of this chapter are as provided for in the code of ordinances.
(Ord. 2002-03, passed 6-25-2002)
§ 157.147 ENFORCEMENT.
Within the jurisdiction of these regulations, no site development plan shall be approved, nor shall any building permit or certificate of occupancy be issued, unless the development meets all the requirements of these regulations and have been approved in accordance with the requirements as herein provided.
(Ord. 2002-03, passed 6-25-2002)
§ 157.148 REQUIRED IMPROVEMENTS.
The town shall require a performance and maintenance bond in the amount of 5% of the approved site development improvements, which shall be posted prior to construction commencement. The town shall enforce any required improvement or maintenance bond by resort to legal and equitable remedies if required improvements have not been satisfactorily installed in accordance with the approved site development plan, unless extended by the Town Council for cause and provided the surety consents to the extension. The town shall notify the owner of the project a minimum of 60 calendar days prior to the expiration of the improvement or maintenance bond. The owner of the property shall have all improvements complete, or ensure proper maintenance of the improvements, a minimum of 30 calendar days prior to the expiration of the improvement or maintenance bond or request an extension and renew the bond. Upon satisfactory completion of the approved improvements, the bond will be returned to the owner of the bond.
(Ord. 2002-03, passed 6-25-2002)
§ 157.149 APPLICABILITY.
The owners and successors of property developed under an approved site development plan shall not remove, destroy, modify, subvert or render inoperable through act or omission any of the improvements, designs, standards or conditions required either directly or indirectly the these regulations.
(Ord. 2002-03, passed 6-25-2002)
§ 157.150 SITE MAINTENANCE OBLIGATIONS.
The owner and successors shall not remove, destroy, modify, subvert or render inoperable through act or omission any of the improvements, designs, standards or conditions required either directly or indirectly by these regulations.
(Ord. 2002-03, passed 6-25-2002)
§ 157.151 VIOLATION.
It shall be a violation of this subchapter for any person to construct, open, modify or dedicate any street, sanitary sewer, water main or stormwater management structure without first having obtained site development plan approval and otherwise having complied with the provisions of these regulations.
(Ord. 2002-03, passed 6-25-2002) Penalty, see § 157.999