06-82 ORDINANCE NO. 6-82
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2t~ "SUBDIVI-
SIONS'' OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA BY REPEALING SECTION 20-36 AND ENACTING
A NEW SECTION 20-36, "PUBLIC SITES", WHICH, IN SUB-
PARAGRAPH (A), "PARK AND RECREATION LAND FOR 5INGLE
FAMILY UNITS", REQUIRES THE DEDICATION OF PARK AND
RECREATION LAND OR A FEE OF FIVE HUNDRED DOLLARS
($500.00) PER SINGLE FAMILY UNIT AS PAYMENT IN LIEU
THEREOF; AND WHICH IN SUBPARAGRAPH (B), "PARK AND
RECREATION LAND FOR MULTIPLE FAMILY USE, PLANNED
RESIDENTIAL UNITS, HOTEL5 AND MOTELS, AND RESORT DWEL-
LING UNITS", REQUIRES THE DEDICATION OF PARK AND
RECREATION LAND OR A FEE OF FIVE HUNDRED DOLLARS
($500.00) PER UNIT IN LIEU THEREOF; AND WHICH IN SUBPARA-
GRAPH (G), "SCHOOL SITES", REQUIRES RESERVATION OF LAND
FOR SCHOOL SITES; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS;
Section 1. That Chapter 2~ "Subdivisions", Article III "Design Standards", Section
20-.36 "Public sites", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby
repealed and a new Section 20-36 is hereby enacted to read as follows:
Sec. 2~--36. Public sites.
(A) PARK AND RECREATION LAND FOR SINGLE FAMILY UNITS.
(1) In a single family subdivision, land shall be dedicated for park and recreation
purposes, as a percentage of the total single family subdivision area as
follows:
(a) If the lot sizes within the subdivision are 12,500 square feet or less, an
amount of land equal to 8% of the total subdivision area.
(b) If the lot sizes within the subdivision are more than 12,.~00 square feet
but not greater than 25,000 square feet, an amount of land equal to 5%
of the total subdivision area.
(c) If the lot sizes within the subdivision are more than 25,000 square feet,
an amount of land equal to 3% of the total subdivision area.
(d) If the lots within a subdivision cannot all be catagorized under either
(a),(b), or {c) above, then the dedication requirement shall apply (for the
entire subdivision) for the category in which there are the greatest
number of lots.
Any land to be dedicated as a requirement of this subsection shall be
reasonably adaptable for use for park and recreation purposes and shall be at
a location convenient to the people to be served. The City Council shall
evaluate the adequacy of the proposed park and recreation area, taking into
consideration the size and shape, topography, geology, tree cover, access and
location of the area.
(2) In the event the subdivision is too small, or for some other valid reason it is
not feasible or advisable to dedicate land in the subdivision for recreational
purposes, as determined by the City Council, the subdivider shall be required
to make an "in lieu" payment to the city of a sum of five hundred dollars
($500.00) for each unit.
(3) For a single family unit which is not a part of a subdivision, an "in lieu"
payment of five hundred dollars ($500.00) for each unit shall be required for
the person seeking a certificate of occupancy for that unit. For a single
family unit which is built upon a lot which is part of a subdivision but which
had not been built upon at the time the subdivision was originally subdivided
into Jots, an "in lieu" payment of five hundred dollars ($500.00) shall be
required from the person seeking a certificate of occupancy for that unit.
Limitation on Use of Land and Fees. The land and fees received under this
subsection shall be used for the purpose of providing park and recreational
facilities. The city shall establish a separate fund and account into which
such "in lieu" payments shall be deposited. The money in this account shall
be expended by the city only for the acquisition of park and recreation lands,
improvement to lands consistent with these park and recreational purposes,
and providing equipment and personal property incidental thereto; and these
expenditures shall only be made for locations in reasonable proximity to the
subdivision for which the fees were charged.
(5) Any "in lieu" payment for a given single family unit required under this
subsection shall be paid in full prior to the issuance of a certificate of
occupancy for that unit. Any land required to be dedicated under this
subsection shall be deeded to the city with marketable title free and clear of
all encumbrances prior to the first issuance of a building permit for the
subdivision.
(5) PARK AND RECREATION LAND FOR MULTIPLE FAMILY UNITS,
PLANNED RESIDENTIAL UNITS, HOTELS AND MOTELS, AND RESORT
DWELLING UNITS.
(1) For every development of multiple family units, planned residential units,
hotels, motels, or resort dwelling units, the developer shall dedicate to the
City five (5) acres of land for each one thousand (1000) persons deemed to
reside in the proposed development. For purposes of this section, 2.3! persons
per unit shall be deemed to reside in the proposed development.
The following formula shall be used for computing the amount of park and
recreation land to be dedicated:
2.31~ x Total Units x .005++ = Amount of Land to be Dedicated
+Average number of persons per dwelling unit
*+5 acres per 1000 persons
Any land to be dedicated as a requirement of this subsection shall be
reasonably adaptable for use for park and recreation purposes and shall be at
a location convenient to the people to be served. The City Council shall
evaluate the adequacy of the proposed park and recreation area, taking into
consideration the size and shape, topography, geology, tree cover, access and
location of the area.
(2) In the event a development as described in paragraph (1) above is too small, or
for some other valid reason, it is not feasible or advisable to dedicate land
for recreation purposes, as determined by the City Council, the developer
shah be required to make an "in lieu" payment to the City of a sum of five
hundred dollars ($500.00) for each unit.
(3) Limitation on Use of Land and Fees. The land and fees received under this
subsection shall be used for the purpose of providing park and recreational
facilities. The city shall establish a separate account into which "in lieu"
payments shall be deposited. The money in this account shall be expended by
the city only for the acquisition of park and recreation lands, improvement to
lands consistent with these park and recreational purposes, and providing
equipment and personal property incidental thereto; and these expenditures
shall only be made for locations in reasonable proximity to the development,
for which the fees were charged.
2 ORD. NO. 6-82
(4) Any "in lieu" payment for a given unit required under this subsection shall be
paid in full prior to the issuance of a certificate of occupancy for that unit.
Any land required to be dedicated under this subsection shall be deeded to the
city with marketable title free and clear of all encumbrances prior to the
first issuance of a building permit for the development.
(C) SCHOOL SITES.
(1) When a subdivision covers an area within which the School Board of Palm
Beach County requires a school site, provision should be made in the
subdivision plat for such a site. Such land is to be reserved for the indicated
purpose and the subdivision plans shall take into consideration the access and
location requirements of such a community facility which usually will extend
beyond the subdivision boundaries.
(2) Site size and dimensions shall comply with county school board requirements.
(3) When a school site has been designated in a plat the site shall be reserved for
a period two (2) years from the date of recordin§. If the county school board
fails to purchase the site within the two (2) year period, the subdivider may
replat the reserved school site.
Section 2. That should any section or provision of this ordinance or any portion
thereof, any para§raph, sentence, or work be declared by a Court of competent jurisdiction to be
invalid, such decision shall not a~fect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That this ordinance shall become effective ten days a~ter passage on
second and final readin§, and that the provisions of Section 2q-36(B) as set forth in this ordinance
are hereby expressly made retroactive so as to apply to every development, or portion thereof, of
multiple family units, planned residential units, hotels, motels, or resort dwelling units (but not as to
single family subdivisions) which requires either site plan approval, plat approval or conditional use
approval, and for which any one such required approval has not been received by August 10, 1781, e.§.
if a developer has received all three approvals for a portion of a development by August 10, 1781, but
only two approvals on another portion of the development, then the dedication or "in lieu" payment
provided for herein would apply, to that portion of the development for which all three approvals
have not been obtained by August 10, 1981.
Further, the provisions of this ordinance are hereby expressly made retroactive so
as to apply to every development of multiple family units, planned residential units, hotels, motels,
or resort dwellin§ units even thou§h all required site plan approval, conditional use approval, and
plat approval prior have been received by August 10, 1781, if any one of such approvals was
conditioned on the making of an "in lieu" payment, except that if the condition of approval specified
a payment less than five hundred dollars ($500.00) per unit, the specified amount shall apply. If the
specified amount exceeded five hundred dollars ($500.00) per unit, an "in lieu" payment of five
hundred dollars ($~oo.00) per unit shall be required. If the amount was expressed as one lump sum,
rather than as a per unit assessment, the total lump sum shall be divided by the number of units in
the development to determine the per unit fee.
PASSED AND ADOPTED in re§ular session on second and final reading on this the
23rd day of February ,1982.
LEON M. WEEKES
ATTEST:
~y Clerk
First Reading February 9, 1982
Second Reading February 23, 1982
3 ORD. NO. 6-82