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11-78 ORDINANCE NO. 11-78 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 23A "SUBDIVISIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, DELINEATING THE AREAS OF RESPONSIBILITY AND AUTHORITY OF THE CITY COUNCIL, PLANNING AND ZONING BOARD AND ADMINISTRATIVE STAFF PERSONNEL IN THE SUBDI- VISION REVIEW PROCESS PROVIDING THAT THE PLANNING AND ZONING BOARD RATHER THAN THE CITY COUNCIL SHALL REVIEW SKETCH PLANS AND PRELIMINARY PLATS; PROVIDING THAT BOTH THE PLANNING AND ZONING BOARD AND CITY COUNCIL SHALL REVIEW FINAL PLATS; 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 That Section 23A-l(A) (1) (2) and (3) is hereby repealed and a new Section 23A-l(A) (1) (2) (3) and (4) is hereby enacted to read as follows: Section 23A-1 GENERAL PROVISIONS (A) APPLICABILITY (1) No subdivision of any lot, tract or parcel of land shall be effected, no street, sanitary sewer, storm sewer, water main or other facilities in connection therewith shall be laid out, con- structed, opened or dedicated for public use and travel, or the common use of occupants of buildings abutting thereon except in strict accordance with the provision of these regu- lations and pertinent Florida Statutes. (2) The provisions contained herein shall apply to all land within the limits of the City of Delray Beach, or proposed for annexation thereto. (3) The Subdivision review process shall involve both the Planning and Zoning Board and the City Council. The Planning and Zoning Board, only, shall review sketch plans and preliminary plats. An approval by the Planning and Zoning Board of a sketch plan or preliminary plat shall be deemed a tentative approval until the City Council has approved the final plat. A denial of a sketch plan or preliminary plan by the Planning and Zoning Board shall be deemed a final denial. The final plat shall be reviewed first by the Planning and Zoning Board, which shall after its review make a recommendation to City Council either to approve, approve with conditions or disapprove the final plat request. The City Council shall be the final decision making body in the subdivision approval process, and shall act as such on the final plat request. The City Council may accept or reject the recom- mendation of the Planning and Zoning Board and may approve, approve with conditions or deny the final plat request. (4) Administrative and staff personnel shall act in an advisory capacity to both the Planning and Zoning Board and City Council. Adminis- trative and staff personnel, despite any references in their regulations to the contrary, have no authority, independent of the Planning and Zoning Board and City Council to impose requirements on persons or entities processing requests hereunder. Section 2. That Section 23A-3(C) (1) (b) (c) (d) and (C) (2) (s) is hereby repealed and new Section 23A-3(C) (1) (b) (c) (d) and (C) (2) (s) is hereby enacted to read as follows: (C) PRELIMINARY PLAT (1) General Procedure (b) The City Engineer, the Public Utilities Depart- ment and other departments when applicable, shall review the Preliminary Plat for general engineer- ing and for conformance with pertinent provisions of these regulations. The Planning Department shall review the Preliminary Plat for all land planning related considerations including open space, recreation and educational requirements, as well as street numbering and naming. The reviews shall be completed and comments from each review sent to the Planning and Zoning Board, within ten (10) days of receipt of the Preliminary Plat. (c) Within ten (10) days of receipt of the above- mentioned reviews the Planning and Zoning Board will meet to consider the Preliminary Plat. The subdivider or his representative should attend this meeting. The Planning and Zoning Board may tentatively approve, tenta- tively approve with conditions or deny the preliminary plat request. (d) If the Planning and Zoning Board has tentatively approved or tentatively approved with conditions acceptable to the subdivider, the preliminary plat, then it shall be signed in the spaces provided thereon by: The subdivider Chairman of the Planning and Zoning Board City Engineer Director of the Planning Department Director of the Public Utilities Department Director of Parks & Recreation Department (when applicable) Chief of the Fire Department (when applicable). (2) Preliminary Plat Requirements (s) Space and forms for the following sigqatures indicating approval: The subdivider Chairman of the Planning and Zoning Board City Engineer - 2 - ORD. NO. 11-78 Director of Planning Department Public Utilities Department Parks and Recreation Department (when applicable) Chief of the Fire Department (wken applicable). Section 3. That Section 23A-3(D) (1) (a) (d) (e) and (g) is hereby amended to read as follows: (D) FINAL PLAT (1) General Procedure (a) Receipt of the signed copy of the tentatively approved Preliminary Plat constitutes authori- zation for the subdivider to proceed with the preparation of plans and specifications for the Final Plat. Prior to the construction of any improvements required or to the submission of a bond in lieu thereof, the subdivider shall furnish the City Engineer all plans, informa- tion and data necessary to determine the character and adequateness of site improvements. These plans shall be examined by the City Engineer and Staff and will be approved if in accordance with all regulation requirements. (d) Within ten (10) days of the receipt of the application for final approval the City Engineer, Public Utilities Department, Planning Department and other departments when applicable shall notify the Planning and Zoning Board in writing of their ~~s comments and recommendations. The Planning and Zoning Board will review the Final Plat and staff ~~s comments, and submit its compliance certification, together with ~h~se-~ the comments and recommendations of the City staff to Council at least twenty (20) days prior to the Council meeting at which the Final Plat is to be considered. (e) After receiving the required Final Plat ee~- e~~ certification from the Planning and Zoning Board and the comments and recommendations of the City Staff, the City Council may give approval to the Final Plat with the provision that such approval is contingent on receipt by the City of a surety deposit covering the cost of all improvements required by the Subdivision Regulations, or certification by the City Manager that all required improvements have been properly installed. (g) ~mp~m~e~-~n-~he-F~na~-P~a~. If the final plat is approved by the City Council, it shall be signed in the spaces provided thereon by: Subdivider, Chairman of the Planning and Zoning Board, City Engineer, Director of Planning D~partment, Public Utilities Depart- ment, Parks and Recreation Department (when applicable), Chief of the Fire Department - 3 - ORD. NO. 11-78 (when applicable), and any other signatures of the City that may be required by State Statutes. One (1) copy shall be returned to the sub- divider, one (1) copy to the Planning and Zoning Board, one (1) copy to the City Engineer, and one (1) copy to the Planning Department and one (1) copy to be retained in the files of the City Council. Section 4. That Section 23A-3(D) (2) (1) is hereby repealed and a new Section 23A-3(D) (2) (1) is hereby enacted to read as follows: (D) FINAL PLAT (2) Final Plat Requirements (1) Space and forms for the following necessary signatures indicating approval: (1) Those set forth in Section 23A-3(D) (1) (g). Section 5. That Section 23A-3(D) (4) (a) is hereby amended to read as follows: (D) FINAL PLAT (4) Vacation of Plats (a) Any plat or any part of any plat may be vacated by the owner of the premises at any time before the sale of any lot therein provided that va- cating is approved by the City Council after receiving the pertinent ee~ea~e~ certifi- cation from the Planning and Zoning Board, and comments and recommendations of the City Engineer and Planning Director with respect to adequate- ness of the proposed action and its implica- tions on public rights in any of its public uses, improvements, streets and alleys. Section 6. That Section 23A-4(A) (2) and Section 23A-4(B) (6) (7) (8) and (17) are hereby amended to read as follows: (A) GENERAL CONFORMANCE STANDARDS (2) All proposed subdivisions shall be designed to conform with at least, the minimum City zoning and building regulations for the area in which the proposed subdivision will be located. (B) STREETS (6) Where a subdivision abuts or contains an existing or proposed arterial street, the ~e~a~-B~a~ City may require marginal access streets, reverse frontage with screen planting contained in a non-access reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. - 4 - ORD. NO. 11-78 (7) Where a subdivision borders on or contains a railroad right-of-way, expressway, drainage canal or water way, the P~n~-a~-~~-B~ City may require a street approximately parallel to and on each side of such right-of-way, at a dis- tance suitable for the appropriate use of the intervening land. Such distance shall also be determined with due regard for the requirements of approach grades for future bridges or grade separations. (8) Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the City ~n~e~-e~~ a~p~e~e~-~-~he-~a~-a~-~e~-Bea~ under approved conditions. (17) A proposed new street which is in alignment with or a continuation of an existing street shall have the same name as the existing street. In no case shall new streets have names or numbers which duplicate or which are phonetically similar to existing street names, regardless of the prefix or suffix used as "Avenue", "Boulevard", or "Court", "Cresent", "Drive", "Place", "Street", or "Terrace". A~-s~ee~-~mes-~ha~-be-s~ee~ Section 7. That Section 23A-4(D) (1) (a) and (d) is hereby amended to read as follows: (D) ALLEYS AND EASEMENTS (1) Alleys (a) Alleys shall be provided to serve multiple dwelling, business, commercial and industrial areas except that Bea~-maM-wa~ve-~h~s-~eg~eme~ this require- ment may be waived where other definite and assured provision is made for service access, off-street loading, unloading and parking consistent with and adequate for the uses permissible on the property. (d) Dead end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turnaround facilities for service trucks at dead end, with a minimum external diameter of one hundred feet, or Bea~ as otherwise determined to be adequate. Section 8. That Section 23A-4(G) (1) (c) and (d) is hereby amended to read as follows: (G) BLOCK AND LOT STANDARDS (1) Block (c) Block lengths shall not exceed one thousand eight hundred feet nor be less than five hundred feet, unless found unavoidable P~ann~mg-an~-~en~g-Bea~. - 5 - ORD. NO. 11-78 (d) Pedestrian through walks may be required By ~he-P~~-an~-~~-B~ where necessary to assist circulation or provide access to community facilities. Such crosswalks shall have a width of not less than ten (10) feet and a paved walk of not less than five (5) feet. Section 9. That Section 23A-4(H) (1) (b); Section 23A-4(I) (1) and (2) (c) are hereby amended to read as follows: (H) PUBLIC SITES (1) Parks and Recreation (b) In the event the subdivision is too small or for some other valid reason it is not feasible or advisable to dedicate land for recreational purposes, ~s-~e~e~m~e~-B~-~he-~n~-~ ~g-B~a~? the subdivider may be required to pay to the City a sum of money equal to the value of the vacant land area resulting from the above-mentioned standards. (I) NONRESIDENTIAL SUBDIVISIONS (1) If a proposed subdividion includes land that is zoned for commercial or industrial purposes, the layout and plans of the subdivision, with respect to such land, shall make such provisions as the P~a~-a~-~~-B~a~ Cit~ may require, including zoning and comprehensive plan require- ments. (2) (c) Special requirements may be imposed by the qity with respect to street, curb, gutter and sidewalk design and construction. Section 10. That Section 23A-5(A) is hereby amended to read as follows: (A) SCOPE The following tangible improvements, in accordance with the plans and specifications submitted to and approved by the City ~n~&nee~ must be installed or a surety deposit posted in accordance with Section 23A-3(D) (1) (f) to insure that the improvements will be installed, are required before Final Plat approval in order to assure the physical reality of a subdivi- sion which approval and recordation will establish legally. Construction shall be subject to the super- vision of the City Engineer. The subdivider shall comply with the standard procedures of building permit, inspection and final approval for each of the required improvements. Section 11. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be delcared 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. - 6 - ORD. NO. 11-78 Section 12. 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 27th day of February , 1978. ATTEST: Clerk First Reading February 13,.1978 Second Reading February 2.7, 1978 - 7 - ORD. NO. 11-78