71-78 ORDINANCE NO. 71-78
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 REPEALING ALL SECTIONS OF THE
ZONING CODE WHICH REQUIRE THE APPROVAL OF THE
CITY ATTORNEY'S OFFICE IN REGARD T.O THE OWNERSHIP
AND MAINTENANCE OF COMMON PROPERTIES SUCH AS
RECREATIONAL AREAS, UTILITIES AND STREETS IN
MULTIPLE FAMILY AND PLANNED RESIDENTIAL ZONING
DISTRICTS; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, at the April 24, 1978, and May 8, 1978, regular meetings
of the City Council consideration was given to an amendment to the zoning
code relating to the procedure for the submission and approval of common
documentation in multiple-family and planned residential districts; and,
WHEREAS, at the July 17, 1978, workshop meeting council recon-
~ sidered the matter and determined that all the sections of the zoning code
'relating to this matter should be repealed,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 29-6(P) (1) RM-6, Section 29-7(P) (1) RM-10
and Section 29-8(P) (1) RM-15 Multiple Family Dwelling Districts, are hereby
amended by repealing the following subsection:
(1) If the Plans 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 facilities or-streets, which are not accepted by
the City, these common properties shall be transferred to
an association, corporation,individual or individuals,
(as trustee or trustees) or other entity consisting of a
majority of the property 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 expense.
Said documents, agreements, contracts or deed restrictions
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 maintenance 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. At the
time application has been made for 50% of the building permits
in a development for which a bond or equivalent security
instrument has been filed in accordance with the Subdivision
Ordinance, the developer must have obtained the approval
of the City Attorney's Office. No further applications
will be accepted or permits issued until this approval
has been obtained. In no event shall certificates of
occupancy be issuedfor any structures until said documentation
has been approved.
Section 2. That Section 29-8.1(R) (7) PRD-4, Section 29-8.2(R) (7)
PRD-7, and Section 29-8.3(R) (7)PRD-10 be amended by repealing the
following subsection:
(7) Ownership of Common Areas
If the Plans 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 ~r streets, which are not accepted by the City,
these common properties shall be transferred to an association~
corporation, individual or individuals, (as trustee or
trustees) or other entity consisting of a majority of the
property 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'p~blic expense. Said documents,
agreements, contracts or deed restrictions 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 planned
residential development should said property owners fail to
perform such maintenance 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 reasanab!e
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. At
the time application has been made for 50% of the building
permits in a development for which a bond or equivalent
security instrument has been filed in accordance with the
Subdivision Ordinance, the developer must have obtained the
approval of the City Attorney's Office. No further
applications will be accepted or permits issued until this
approval has been obtained. In no event shall certificates
of occupancy be issued for any structures until said
documentation has been approved.
Section 3. That Section 29-22(G) (10) Site and Development Plan
Approval, be amended by repealing the following subsection:
(10) If common facilities such as open space, private streets,
recreation areas, etc., are to be provided, statements
shall be submitted explaining how such common facilities
are to be provided and permanently maintained. Such
statements may take the form of deed restrictions, deeds
of trust, home owners associations, surety a~rangements,
or other legal instruments which provide adequate
guarantee to the City that such common facilities will not
become a future liability to the City.
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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. That 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 9th day of October , 1978.
MAYOR
ATTEST:
~ity Clerk
First Reading .September 25z. 1978
Second Reading October 9, 1978
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