28-78 VOID
ORDINANCE NO. 28-78
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING"
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 29-6(P)(1), SECTION
29-7(P) (1), SECTION 29-8(P) (1), SECTION 29-8.1(R) (7),
SECTION 29-8.2(R)(7), SECTION 29-8.3(R)(7) ESTABLISHING
A NEW PROCEDURE FOR THE SUBMISSION AND APPROVAL OF
COMMON PROPERTIES DOCUMENTATION IN MULTIPLE FAMILY
DEVELOPMENTS; 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 29-6(RM-6)(P)(1), Section 29-7(RM-10)
(P) (1), Section 29-8(RM-15)(P)(1) is hereby amended to read as follows:
(P) SPECIAL REGULATIONS
(1) If the ~a~s site and development plan approved by
the City for a multiple family development indicate
that there will be either of the following types of
common properties; recreational areas, utility faci-
lities or streets, which are not accepted by the
City, these common properties shall be transferred
in fee s.imple, to the individual unit owners; or an
association, corporation, individual or individuals,
(as trustee or trustees) or other entity consisting
of a majority of the ~e~e~y unit owners within the
development for their control, maintenance, operation,
and use. The developer shall provide the City Attorney
the documents or agreements pertaining to the transfer
and shall also provide the City Attorney other appro-
priate documents, agreements, contracts, or deed
restrictions which provide for the continuing main-
tenance and operation of such common property or
properties, which shall not be at public expense.
Said documents, agreements, contracts or deed restric-
tions shall confer upon the City the right to perform
maintenance and operation of such common property or
properties, and to assess the cost thereof equitably
to the property owners in the multiple family development
should said property owners fail to perform such main-
tenance or operation. The City shall be entitled to a
lien on the properties for the cost assessed which
shall secure in addition to the cost of the maintenance
or operation, the costs of collection including a
reasonable attorney's fee.
The City Attorney shall review all such proposed docu-
ments, agreements, contracts or deed restrictions and
he shall approve the same if, in his judgment, they are
legally sufficient to accomplish the purposes set
forth above.
(a) Developments for which a site and development plan
application was filed prior to May 9, 1978, shall
comply with the followinq requirements concerning the
approval of documentation for common properties:
At the time application has been made for 5~
of the building permits in that portion of a
development for which a bond or equivalent secu-
rity instrument has been filed in accordance
with the Subdivision Ordinance, the developer
must have obtained the approval of the City
Attorney's Office as to that portion for which
a bond or equivalent security instruments have
been posted. No further applications will be
accepted or permits issued until this approval
has been obtained. In no event shall certifi-
cates of occupancy be issued for any structures
until said documentation has been approved.
(b) Developments for which a site and development plan
application is filed on or after May 8, 1978., shall
comply with the followinq requirements concern%ng the
approval of documentation for common properties:
As a part of and at the time of application for
site and development plan approval., the appli-
cant shall submit a proposed form of documenta-
tion. The Planning and Zoning Board shall not
make a final recommendation on an application
for site and development plan approval until
the applicant has obtained the written approval
of the City Attorney's Office as to the common
properties documentation.
The approved documents, which may be amended
with the written consent of the City Attorney's
office, must be recorded in the public records
after City Council's approval of the site and
development plan and before the issuance of any
buildinq permits for the development.
Section 2. That Section 29-8.1(PRD-4)(R)(7), Section 29-8.2(PRD-7)
(R) (7), Section 29-8.3 (PRD-10) (R) (7) is hereby amended to read as follows:
(R) SPECIAL REGULATIONS
(7) Ownership of Common Areas
If the ~m~s site and development plan approved by the
City for a planned residential development indicate that
there will be either of the following types of common
properties; recreational areas, utility facilities or
streets, which are not accepted by the City, these common
properties shall be transferred in fee simple to the
individual unit owners; or an association, corporation,
individual or individuals, (as trustee or trustees) or
other entity consisting of a majority of the ~e~y
unit owners within the development for their control,
maintenance, operation, and use. The developer shall
provide the City Attorney the documents or agreements
pertaining to the transfer and shall also provide the
City Attorney other appropriate documents, agreements,
contracts, or deed restrictions which provide for the
continuing maintenance and operation of such common
property or properties, which shall not be at public
2 ORD. NO. 28-78
expense. Said documents, agreements, contracts or deed
restrictions shall confer upon the City the right to per-
form maintenance and operation of such common property or
properties, and to assess the cost thereof equitably to
the property owners in the planned residential developmen~
should said property owners fail to perform such mainte-
nance or operation. The City shall be entitled to a lien
on the properties for the cost assessed which shall secure
in addition to the cost of the maintenance or operation,
the costs of collection including a reasonable attorney's
fee.
The City Attorney shall review all such proposed documents,
agreements, contracts or deed restrictions and he shall
approve the same if, in his judgment, they are legally
sufficient to accomplish the purposes set forth above.
(a) Developments for which a site and development plan
application was filed prior to May 9, .!978, shall
comply with the followinq requirements concerninq
the apprOval of documentation for common properties:
At the time application' has been made for 5~
of the building permits in that portion of a
development for which a bond or equivalent secu-
rity instrument has been filed in accordance
with the Subdivision Ordinance, the developer
must have obtained the approval of the City
Attorney's Office as to that portion for which
a bond or equivalent security instruments have
been posted. No further applications will be
accepted or permits issued until this~approval
has been obtained. In no event shall certifi-
cates of occupancy be issued for any structures
until said documentation has been approved.
(b) Developments for which a site and development plan
application is filed on or after May 8, 1978, shall
comply with the following requirements c0ncerninq the
approval of documentation for common p.ropert.ies:
AS a part of and at the time of application for
site and development plan approval, the appl. i-
cant shall submit a proposed form of documenta-
tion. The Planninq and Zoninq Board shall not
make a final recommendation on an application
for site and development plan approval until the
applicant has obtained the written approval of
the City Attorney's Office as to the common pro-
perties documentation.
The approved documentst which may be amended
with the written consent of the City Attorney's
Office, must be recorded in the public records
after City Council's approval of the site and
development plan and before the issuance of any
buildinq permits for the development.
Section 3. That the City Clerk is hereby authorized to delete from
the City of Delray Beach Zoning Ordinances Section 29-6(P) (1) (a), Section 29-7
(P) (1)(a), Section 29-8(P) (1)(a), Section 29-8.1(R)(7) (a), Section 29-8.2(R)
(7) (a), and Section 29-8.3(R)(7)(a), as herein adopted, at such time as the
City has either approved or denied the site and development plan application
filed prior to May 9, 1978.
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Section 4. 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 effect
the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances inconsis-
tent or in conflict herewith are hereby expressly repealed.
Section 6. Tha.t this ordinance shall become effective upon its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of , 1978.
MAYOR
ATTEST:
City Clerk
First Reading April 24, 1978
Second Reading
VOID
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