There are three basic types of site plans, as follows:

(1)

Major site plans; and their amendments (require village council approval).

(2)

Minor site plans; and amendments (require approval of the land development board).

(3)

Administrative site plans; and amendments (require approval of the land development director).

(Ord. No. 2015-21, § 4, 6-11-2015)

(a)

By the terms of this article, all development shall:

(1)

Require site plan review.

(2)

Be compatible with the intent of the land development district wherein it is proposed to be located.

(3)

Be compatible with adjacent land uses.

(b)

All proposed occupancy within an already existing building or development in the CN and CG commercial districts or G governmental land development district that alters the character of the original approval or exceeds the perimeters of the originally approved project as related to site development measures, and impacts on adjacent land uses, infrastructure and services, as determined by the land development director and/or the village manager during an administrative review, shall be subject to site plan review. The applicant shall pay an administrative review filing fee at the time the application is submitted as established by resolution of the village council.

(Code 1994, § 30-456)

A preapplication meeting shall be called by the village manager between appropriate village department heads and officials, the land owner/applicant or designated representative and any other entity representative deemed appropriate, prior to formal application for site plan review. The purpose of the meeting is to ensure understanding, intention and proper coordination at the outset and prior to planning and development of land and buildings. It is further the intent of the meeting to clarify applicable village development regulations and to ensure their compliance.

(Code 1994, § 30-457)

Applications for site plan review shall be obtained from and filed with the village land development department. The application shall contain the requirements set forth in sections 34-685—34-690, that are applicable, and the following:

(1)

Statements of unity of title, or a copy of the contract to purchase agreement, or a notarized form authorizing an agent to represent an owner or contract purchaser for the subject property, whichever is applicable.

(2)

Statement describing the intended use of the property and which ensures that the proposed site plan is consistent with the goals, objectives and plan recommendations (policies), and all other provisions of the village comprehensive development plan.

(3)

A legal description and current survey prepared within six months of the application date of the property, and that has been prepared by a land surveyor registered in the state.

(4)

Seven identical copies of the proposed site plan application, which shall be submitted for the village staff and personnel review, and seven identical copies shall be submitted for the village council review.

(5)

A list of all properties and their owners within 300 feet of the subject property with addressed, stamped envelopes for each property owner on said list. The address provided for each property owner shall be the same address provided for in the most current Palm Beach County property tax rolls. The stamped envelopes shall include sufficient postage to cover regular mailing costs for a one-page courtesy notice to be sent by village staff to each property owner. Said courtesy notice shall generally describe the application to be considered and the date and time of the land development board meeting considering said application. Costs of the courtesy notice and copying thereof shall be borne by the applicant and be in addition to the application fee. Failure of a property owner to receive said courtesy notice shall not invalidate the recommendation of the land development board or decision of the village council. Due public notice for all site plan and/or special exception applications shall be considered provided when village staff mails out the courtesy notice in the addressed, stamped envelopes provided by the applicant and the applicant posts the subject property.

(Code 1994, § 30-458; Ord. No. 2010-04, § 3, 4-8-2010)

(a)

The proposed site plan shall be prepared by a registered surveyor, architect, engineer or landscape architect on one or more sheets of paper measuring not more than 24 inches by 36 inches, drawn to a scale not smaller than 100 feet to the inch; however, a scale of 200 feet to the inch may be used for large areas, as determined by the village manager or his designee. If more than one sheet is required, the site plan shall contain an index sheet as page one, which shows the entire site plan area, while each succeeding sheet shall be clearly labeled and contain match lines to show where other sheets match or adjoin. The following shall be contained on the site plan:

(1)

Title of the site plan, and the names of the preparers of the site plan.

(2)

Date, north arrow and graphic scale.

(3)

A vicinity map that shows the relation of the proposed site and development to the surrounding street system and other significant facilities or features.

(4)

Boundaries of the site, including bearing and distances (abstract survey).

(5)

Exact location, size, use, height and bulk of all buildings and structures, and the minimum finished ground floor elevations.

(6)

Proposed streets, driveways, parking spaces, loading spaces and sidewalks, with an indication of the direction of travel for one-way streets and drives, and inside radii of all curves. All streets shall be designated as publicly dedicated or privately dedicated and maintained. The width of streets, driveways and sidewalks, ingress and egress, proposed type and location of traffic control devices, traffic flow, and total number and location of parking spaces shall be shown.

(7)

Proposed setbacks, easements, recreation facilities and schools; berms, fences, walls and other screens or buffers; and refuse collection areas and pedestrian and bicycle paths.

(8)

General location of all existing and proposed public and private utilities; access to utilities; and points of connection and location of fire hydrants close enough for fire protection.

(9)

Proposed location, type, throw pattern and height of exterior site lighting (lighting plan).

(10)

General topographic conditions and natural features on the site, including all existing and proposed watercourses, drainage ditches, bodies of water, marshes and other significant natural or manmade features.

(b)

Other site data to be shown on the site plan shall include the following, if applicable:

(1)

Current zoning of the site and adjacent parcels.

(2)

Gross acreage by land use type.

(3)

Square footage and percentage of lot coverage.

(4)

Acreage and percentage of paved impervious areas and other pervious surfaces.

(5)

Acreage and percentage of recreation/open space areas.

(6)

Total number and type of dwelling units.

(7)

Gross square footage of commercial floor areas and total square footage of entire commercial floor areas.

(8)

Number of parking spaces, including handicapped spaces and loading areas.

(9)

Height of buildings.

(10)

Architectural elevations from all exposures for all buildings and structures in the development; exact number of units, sizes and types, together with typical floor plans of each type; and construction materials and finishes.

(Code 1994, § 30-459)

Where the development will utilize any lake, canal or other water feature within the village for drainage purposes, the applicant will submit information developed by a competent source, indicating that the development will not degrade water quality in the lake, canal or other water feature below approved standards as documented in F.A.C. ch. 17-3.

(Code 1994, § 30-460)

The application shall include a traffic impact study as required by and in conformance with the village policy, and including, at a minimum, the following only if applicable and only if required by county standards:

(1)

Future right-of-way dedications.

(2)

Intersection improvements.

(3)

Traffic control devices.

(4)

Traffic generation analysis.

(5)

Distribution and assignment of traffic.

(6)

Additional roadway needs.

(Code 1994, § 30-461)

If common facilities, such as recreation areas or structures, common open space, etc., are to be provided for the development, statements shall be provided as to how such common facilities are to be provided and permanently maintained. Such statements may take the form of proposed deed restrictions, surety arrangements or other legal instruments providing adequate guarantee to the village that such common facilities will not become a future liability for the village.

(Code 1994, § 30-462)

(a)

The application shall include:

(1)

The substance of covenants, grants of easements, unity of control, unity of title or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities, if applicable.

(2)

A statement from the applicant or landowner that all pertinent permits are concurrently being sought from the applicable county, state and federal agencies, plus copies of such permits.

(3)

A statement that all other required utilities are available to the site from the providing agency/department.

(4)

Landscaping that complies with the provisions, requirements and regulations of article III of this chapter. A landscape plan may be submitted separately and as part of the site plan application, or the landscape plan can be shown on and be a part of the site plan.

(5)

Plans for signs that comply with the provisions, requirements and regulations of article IV of this chapter.

(6)

Proposed hours of operation of all commercial buildings and structures proposed.

(7)

Such additional data, maps, plans or statements as may be required by the village for the particular use or activity involved, including impacts on affected community facilities and services created by the development.

(8)

Such additional data as the applicant may believe is pertinent to the site plan.

(9)

A security plan for any commercial or industrial use as may be required by the village public safety department.

(b)

If development is to occur in phases, such phases should be clearly delineated on the proposed site plan and identified in the plans and requirements appurtenant to that site plan, and each development phase shall be subject to site plan review by the village.

(Code 1994, § 30-463; Ord. No. 2013-01, § 3, 2-14-2013)

Any item submitted as part of the application content, which requires modification at any time during the site plan review process by the village, may be modified without resubmittal of an entirely new application; provided, however, that the modification is determined by the land development director to be consistent with the terms and intent of this division and the land development district in which the site is located.

(Code 1994, § 30-464)

(a)

The village land development department shall accept the site plan application and inform the village manager of such receipt.

(b)

The land development director shall solicit village staff, consultants and others that may be deemed appropriate, within 21 days of receipt of the filed site plan application, to review and comment on the proposed site plan, and plans and requirements appurtenant to the site plan to ensure compliance with the site regulations, use regulations, parking regulations and all other technical requirements. In addition, the land development director shall, where applicable, refer copies of the site plan and supporting materials to the county, adjoining and/or nearby cities, the South Florida Water Management District, Lake Worth Drainage District, state game and freshwater fish commission, state department of environmental regulation, state department of natural resources, state department of transportation and such other agencies as determined appropriate by the land development director, or which request copies of such plans for review.

(c)

The land development director shall have 15 days to process the site plan. If, due to unique circumstances, additional review time is deemed necessary, the applicant shall be notified by the land development director of such additional time requirements. Upon completion of site plan review by the village staff and personnel, the proposed site plan, with comments, shall be transmitted to the land development board for their official review.

(Code 1994, § 30-465)

(a)

The land development board shall receive the proposed site plan application from the land development director and consider the comments provided by village staff and personnel at their next regularly scheduled land development board meeting.

(b)

If the proposed site plan is deemed by the land development board to be in compliance with development regulations and requirements, it shall be, together with comments provided by the village staff and personnel and a recommendation of the land development board regarding the proposed site plan application, transmitted to the village council for their review and action as expeditiously as possible, not to exceed 60 days.

(Code 1994, § 30-466(a), (c))

(a)

The village council shall receive the proposed site plan application from the land development board with all comments and recommendations.

(b)

Within 30 days of receipt of the proposed site plan application from the land development board, the village council shall review and consider all comments provided by village staff and personnel, and comments and recommendations of the land development board, and act upon the application.

(c)

If the site plan application is deemed to vary from development regulations and requirements of the village and/or such requires approval of a special exception, further action on the proposed site plan shall be stayed until such variance or special exception is resolved.

(d)

Before any site plan, and plans and requirements appurtenant to the site plan shall be approved, approved with changes or denied, the village council shall make a finding that the approval of the application will or will not adversely affect the public interest, and find that the specific land development requirements governing the individual use have or have not been met.

(e)

Prior to approval the village council shall also find that the proposed site plan is in substantial compliance with all requirements of sections 34-684—34-692. In the event that it is later determined that substantial compliance has not been achieved, the applicant may be required by the village manager to bring same into compliance.

(f)

It shall be determined by the village council that the proposed site plan will or will not place an undue or unmanageable burden on municipal services.

(Code 1994, § 30-466(b), 30-467)

After review of the proposed site plan application, the village council shall either grant approval, grant approval with conditions or deny the application and direct the land development department to issue or withhold issuance of the building permit. The approval of a site plan shall be understood to include a condition that approval is subject to compliance with divisions 12 and 13 of this article. Any approved site plan which does not comply with the provisions of such divisions shall be deemed to be approved conditioned upon compliance with such divisions prior to occupancy of any resulting development or shall be deemed to be denied.

(Code 1994, § 30-468)

(a)

A building permit must be applied for from the village land development department within two years of the date of the site plan approval or the approval shall be nullified. In the case of a site plan which provides for development phases over a period of years, the village council shall set forth time within which application for building permits on each part shall be filed. If building permits are not filed within the required times, the approval for the applicable phase and any phase thereafter shall be nullified. Any other permit required for a development must be secured prior to the issuance of a building permit for any development on the property included within the site plan.

(b)

In the event that a building permit is not applied for and the time set forth above for applying for a building permit is about to expire, the granting of an extension of time, not to exceed one year for an approved site plan or for each development phase of an approved site plan (as applicable), may be approved, approved with conditions or denied by the village land development director. All requests for extension of time shall be subject to all of the following requirements:

(1)

The extension of time shall be requested by the land owner/applicant prior to or on the same day as the expiration of the original time approval with such request to be made in writing to the land development director.

(2)

The land development director or designee shall review the proposed extension of time to determine if any modifications have been made to the previously approved site plan, and if changes have occurred to this chapter, concurrency approvals, or other development regulations which would affect the original approval.

(3)

Modifications to the previously approved site plan and/or changes to this chapter or other development regulations which affect the original approval and cannot be administratively approved pursuant to section 34-607 shall necessitate a new site plan review. If concurrency approvals have changed, said approvals shall be renewed, amended or otherwise updated prior to the village land development director issuing an approval of an extension of time.

(4)

The development site must be in compliance with all applicable resolutions and ordinances of the village and other local, state and federal laws.

(5)

At the time of the request, the owner/applicant must pay the fee set by resolution for administrative site plan reviews.

(c)

Notwithstanding the foregoing, an extension of time provided for in this section 34-695 may be granted by the land development director for approved site plans which expired between March 26, 2008 and March 25, 2009 with the extension commencing on the date of the land development director's approval.

(d)

An extension of time provided for in this section 34-695 may be granted by the land development director for approved site plans which have not yet expired as of March 26, 2009; for all approvals pending as of that date; and for all development submitted for approval after March 26, 2009.

(e)

The extension of time provided for in this section 34-695 is also applicable to build-out dates set forth in any approved site plan. A request for an extension of a build-out date shall satisfy all requirements set forth herein.

(f)

The land development director may require special conditions in the approval of any request for an extension of time under this section as deemed necessary to ensure conformity with the intent of the comprehensive plan, village code, ordinances and other applicable local, state and federal law.

(g)

If an extension of time is denied by the land development director, the land owner/applicant may appeal to the village council. A petition for any such appeal shall be submitted in writing stating fully the grounds for the appeal and submitted to the land development department no later than 30 days after the land development director's denial. If the council grants the appeal and allows an extension, no such time extension shall exceed two additional years.

(Code 1994, § 30-469; Ord. No. 2009-07, § 3, 3-26-2009; Ord. No. 2015-41, § 2, 12-10-2015)

No person shall use, erect any building or structure, or begin development of a site until a site plan has been approved by the village council and appropriate building permits have been obtained. No building or structure shall be changed and no other improvements or construction shall be undertaken, except as shown on an amended site plan. No certificate of occupancy shall be issued until improvements, as provided as part of the approved site plan, have been completed in accordance therewith.

(Code 1994, § 30-470)

To assist in covering administrative costs incurred by the village in the site plan review process, the applicant shall pay a filing fee as established by the village when the site plan application is submitted.

(Code 1994, § 30-471)

If changes or modifications are made to an already approved site plan, the applicant shall be subject to all requirements of this division and shall be construed as another site plan for the subject property. Except for administrative site plan amendments, such changes or modifications shall be determined by the land development board to be consistent with the terms and intent of this division and the land development district in which the site is located.

(Code 1994, § 30-472)