14-80 ORDINANCE NO. 14-80
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 23A "SUBDIVISIONS" BY
REPEALING SUBSECTION 23A-4(H)(1)(b) AND ENACTING A NE~
SUBSECTION 23A-4(H)(1)(b) PROVIDING FOR PAYMENTS IN-LIEU
OF THE DEDICATION OF LAND FOR PARKS AND RECREATION PUR-
POSES IN REGARD TO DEVELOPMENTS FOR WHICH SUBDIVISION
APPROVAL IS SOUGHT, PROVIDING FOR THE CREATION OF A
SEPARATE FUND INTO ~ICH SUCH MONIES SHALL BE PAID AND
FOR THE CONDITIONS REGARDING THE EXPENDITURE THEREOF,
REQUIRING THE IN-LIEU PAY~-~NT PRIOR TO THE ISSUANCE OF
BUILDING PERMITS; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DEL .... ,. BEACH, FLORIDA: AS FOLLOWS:
Section 1. That Chapter 23A "Subdivisions" is hereby amended by
repealing Subsection 23A-4(H)(1)(b) and enacting a new Subsection 23A-4(H)
(1)(b) to read as follows:
(b) 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 pur-
poses, the subdivider shall be required to make an
in-lieu payment to the City of a sum of money repre-
senting the value of the land that otherwise would have
been dedicated. The in-lieu payment shall be deter-
mined by multiplying the applicable percentage deter-
mined in accordance with paragraph (a) above, times the
value of the entire parcel for which subdivision ap-
proval is being sought. 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 land, improvement to such lands
consistent with their park and recreational purposes,
and providing equipment and personal property inci-
dental thereto; and these expenditures shall only be
made for the planning area (as shown in the City's
Comprehensive Plan) in which the subdivision is located
unless the City Council has made a determination that
adequate park and recreation facilities exist in such
area, in which case the funds may be expended in other
planning areas of the City. In-lieu payments required
under this subsection shall be paid in full prior to
the issuance of any building permits in regard to the
subdivision for which such in-lieu payments are being
required.
Section 2. That should any section or provision of this ordi-
nance or any portion thereof, any paragraph, sentence, or word be declare~
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 10th day of March , 1980.
City Clerk
First Reading February 25, 1980
Second Reading March 10t 19~0