Ord 21-15ORDINANCE NO. 21-15
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 6.1.3
"SIDEWALKS", SUBSECTION 6.1.3(C) "SIDEWALK
CONSTRUCTION REQUIREMENTS"; AND AMENDING
SUBSECTION 6.1.3(D) "RELIEF FROM SIDEWALK
INSTALLATION" PROVIDING FOR THE APPROVAL,
CALCULATION, ACCOUNTING, AND EXPENDITURE OF
IN -LIEU SIDEWALK PAYMENTS; AND PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach desires to modify its sidewalk policy with respect to
all streets within the City; and
WHEREAS, the City Commission desires to amend the Land Development Regulations to
clarify sidewalk installation requirements for certain development, redevelopment, additions and
property renovation projects; and
WHEREAS, the City Commission desires to have the discretion to use fees collected in
lieu of a required sidewalk installation for sidewalk construction in any area of the City where
sidewalks are needed and finds that such application and expenditure of funds serves a public
purpose; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on August 17, 2015, and voted 4 to 1 to
recommend that the changes be approved; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 6.1.3 "Sidewalks", Subsection 6.1.3 (C) "Sidewalk Construction
Requirements" of the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be and the same is hereby be amended as follows:
(C) Sidewalk Construction Requirements:
(1) Sidewalks shall be constructed with concrete; however, when the sidewalk is
to function both as a pedestrian way and a bicycle pathway it may have concrete or asphalt
as its finished surface.
(2) Concrete sidewalks, which are located in driveways; shall have a minimum
depth of six inches (6"), and shall be constructed of Class I concrete with a minimum
strength of 3,000 p.s..
(3) Sidewalks shall be constructed through as -ph all driveways.
(4) Sidewalks shall be constructed prior to the issuance of a certificate of
occupancy for the property upon which they abut. However, installation of sidewalks
within a residential subdivision may be deffered phased pursuant to an agreement which
provides for the installation of a majority of the sidewalks at a given point in time. The
Local Planning Agency or approval board may require that all sidewalks be installed within
a development either at a time certain or upon reaching a certain percentage of build -out of
the development.
(S) Sidewalks shall be constructed in accordance with Section 6.1.3 (B) for the
following development applications:
a All non-residential developments
(b) New Master Flan Developments
ORD. NO. 21-15
(c) New residential d -welling units developments
(d) New infill/replacement residential dwelling units
(e)Renovations that are equal to or greater than
50 percent of the goss square footage. of the existing principal
residential dwelling t
�fl Additions or new accessory structures that are equal to or greater
than 25 percent. or—o of the gross square footage of the existing
p mi cjpal residential dwelling unit.
Section 3. That Section 6.1.3 "Sidewalks", Subsection 6.1.3(D), "Relief from Sidewalk
Installation" of the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be and the same is hereby amended as follows:
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(D) Relief from Sidewalk Installation:
1 Alternative Pedestrian System: For a new residential or mixed-use Master
Development Plan (MDP), the Planning and Zoning Board or the Historic Preservation
Board if located within an Historic District, upon recommendation from the Development
Services Management Group, may aMprove an alternative pedestrian system as a sixbstitute
for providing sidewalks parallel to the streets within the proposed MDP. If the proposed
alternative pedestrian system is located outside of the ri t-ofwa the roe owner shall
grant to the City a perpetual access easement for the use of the alternative pedestriansystem
by the residents of the development and by the general Public. The owner shall be
responsible for recording the easement deed.
(2) Payment In Lieu of Installation:
(a) The sidewalk requirements for development applications as described in
Section 6.1.3(C)(5) may be met b a ent of an in -lien fee sufficient
to install a sidewalk of similar size. A request to make an in -lieu fee
payment must be made to the City Engineer, who shall approve the
request upon a determination that, in his or her sole discretion, the
re nest is consistent with the Cit 's sidewalk poligy.
(b) The calculation of the in -lieu fee shall be based on the construction cost
of the entire required sidewalk for the property, as approved by the City
Engineer.
(c) The unit cost per square foot that forms the basis of the calculation of
the in -lieu fee shall be established by the City Engineer and adjusted on
an annual basis according to the City's average construction costs for
public sidewalks.
(d) The fees collected by the City shall be specifically identified_ and
maintained as a separate account within the City's General Fund and
may only be used by the City for the construction of public sidewalks,
an here within the City, in fiu-therance of the Ci 's sidewalk.policy.
ORD. NO. 21-15
Section S. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision ,shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 7. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the 20th
day of Oetober, 2015.
ATTEST
L\n,s��� '�) , �V\Z'�
City Clerk
First Reading September 15, 2015
Second Reading October 20, 2015
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A OR
5 ORD. NO. 21-15