19-81 VOID
ORDINANCE NO. 19-81
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2~ "SUBDIVI-
SIONS'' BY AMENDING SECTION 2~-36 "PUBLIC SITES" BY ENACT-
ING A NEW SUBSECTION (C) TO REQUIRE THE DEDICATION OF
PARK AND RECREATION LAND BY DEVELOPERS OF MULTIPLE
FAMILY AND PLANNED RESIDENTIAL DEVELOPMENTS; PROVID-
ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW~ THEREFORE, BE IT ORDAINED BY THE CITY C(~UNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 2t~ "Subdivisions", Section 2t~-36 "Public Sites" of the Code
of Ordinances of the City of Delray Beach, Florida, is hereby amended by enacting subsection (C) to
read as follows:
(C) PARK AND RECREATION LAND FOR MULTIPLE FAMILY AND PLANNED
RESIDENTIAL DEVELOPMENTS
(1) All developers of multiple family and planned residential projects shall
dedicate to the City five (5) acres of land for each one thousand (1000)
persons .residing 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** = Average Dedication
*Average number of persons per dwelling unit
**5 acres per 1000 persons
Any land to be dedicated as a requirement of this Section shall be
reasonably adaptable for use for active 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 development is too small, or for other valid reasons, it is
not feasible or advisable to dedicate land for recreation purposes, as
determined by the Planning and Zoning Board, the developer may be
required to pay to the City a sum of money equal to the fair market
value of the land area that would otherwise have been required to be
dedicated under the terms of paragraph (1) above. The fair market value
of such land area shall be determined by the City and developer by
averaging the value of all the acreage in the subdivision. If the value of
such land cannot be determined satisfactorily by the City and the
developer, an appraisal board consisting of one appraiser selected by the
City at its own expense, one selected by the property owner at his own
expense, and a third selected by the other two appraisers at City
expense, shall determine the value.
(3) Limitation on Use of Land and Fees. The land and fees received under
this Section shall be used for the purpose of providing park and
recreational facilities to serve the area in which the development is
located. Fees paid pursuant to this Section shall be deposited in a
special fund to be used for acquisition and development of park and
recreational facilities. Monies spent may be expended on neighborhood
or community facilities in reasonable proximity to the development.
(4) Credit for Private Open Space..Where private open space for park and
recreational purposes is provided in a proposed development and such
space is to be privately owned and maintained by the future residents of
the development, such areas shall be credited against the requirement of
dedication for park and recreation purposes or the payment of fees in
lieu thereof, provided the City Council finds it is in the public interest to
do so, and that the following standards are met:
a. That yards, court areas~ setbacks and other open areas required to
be maintained by the Zoning and Building Regulations shall not be
included in the computation of such private open space) and
b. That the private ownership and maintenance of the open space is
adequately provided for by written a§reement) and
c. That the use of the private open space is restricted for park and
recreational purposes by recorded covenants which run with the land in
favor of the future owners of property within the tract and which cannot
be defeated or eliminated without the consent of the City Council; and
d. That the proposed private open space is reasonably adaptable for
use for park and recreational purpo.ses~ taking into consideration such
factors as size, shape, topography, geology, access and location of the
private open space ]and? and
e. That facilities proposed for the open space are in substantial
accordance with the provisions of the recreational element of the City's
Comprehensive Plan, and are approved by the City Council.
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph~ sentence~ or work 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 3. That this ordinance shall become effective ten days after passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
~ day of ., 1981.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
VOID
2 ORD. NO. 19-81