46-95 ORDINANCE NO. 46-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3(H),
'SUBMISSION (PLATTING) ITEMS" SECTION 2 4.3(K),
'FEES", SECTION 2.4.4(E), 'EXPIRATION OF APPROVALS",
SECTION 2.4.5(L), 'MODIFICATION TO RECORDED PLATS",
'RECORDING OF PLATS" AND SECTION
SECTION 2.4.9(C),
2.4.10, 'FINANCIAL GUARANTEES" , OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
FLORIDA, REGARDING PLATTING REQUIREMENTS AND
PROCEDURES& AMENDING CHAPTER FIVE, "SUBDIVISION
REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS BY
REPEALING ARTICLE 5.1, "GENERAL PROVISIONS", IN ITS
ENTIRETY, AND ENACTING A NEW ARTICLE 5.1, "GENERAL
PROVISIONS"~ PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of April 17,
1995, and has forwarded the change with a recommendation of approval
by a vote of 5 to 0~ and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with and furthers the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~f~ That Chapter Two, "Administrative Provisions",
Article 2.4, 'General Procedures", Section 2.4.3, "Submission
Requirements", Subsection 2..4 3(H), 'Submission (Platting) Items", of
the Land Development Regulations of the City of Delray Beach, Florida,
be, &nd the same is hereby amended to read as follows:
(H) Submission (Platting) Items: A preliminary or final
plat shall contain the items identified in the following subsections.
All plats shall be drawn at a scale of 1"~20' or 1#-30' unless
different scale is allowed, in advance, by the City Engineer. Ail
plats shall be drawn on a sheet which is 24" by 36".
(1) The Preliminar~ Plat: A preliminary plat shall be
clearly titled 'Preliminary Plat". It must encompass all of the land
which is under the legal description contained in the warranty deed(s)
and shall show the following information:
(a) Items 1-§, 6-9, 20 and 2! of the Standard
Plan Items listed in Section 2.4.3(B).
(b) The name and location of adjacent
subdivisions and lots.
(c) All existing easements (recorded or apparent)
and existing (internal) property or lot lines
along with notations as to the purpose of the
easements and reference of their recording
instrument. Existing easements and lot lines
which are to be removed, abandoned or
relocated shall be shown in dashed lines.
(d) The proposed boundary lines of new lots and
tracts and. easements. Ail such lines shall
be dimensioned and the purpose of easement
and of restricted use lots and tracts shall
be identified.
(e) Ail streets shall show proposed street names.
(f) The proposed location of street trees shall
be shown if the subdivision is not associated
with a site plan or landscape plan
submission. A separate exhibit shall show
street tree specifications and planting
details. For small subdivisions, the street
tree plan may be submitted in the form of a
narrative.
(g) The proposed location of street lights shall
be shown if the subdivision is not associated
with a site plan or landscape plan
submission. A separate exhibit which
identifies the type of street lights and the
responsibility for installation and
maintenance shall be provided.
(h) If all of the land is not to be subdivided
into individual lots but retained in a future
development tract, the preliminary plat must
show the general location of the anticipated
street pattern, routing of utilities, points
of access, and the proposed use for such
tracts.
- 2 - Ord. No. 46-95
(i) A dedication statement shall be
unusual situations~ however, such variations
must be first agreed to by the City Engineer.
When the dedioation statement provides for
common areas, a separate narrative is to be
provided whioh desoribes the proposed method
of ownership and maintenanoe.
signature block shall he provided in the
format shown in F~ /~/~/~{~
Sub~ivision Forms.
- 4 - Or~. No. 46-95
L,{IIIIIIIIIIIIIIIIIIIIIIIIIIII I111111111111111111111111111111111
IIIIIIIIIIII1{{{11111111111111 !111111111111111111111111111111111
(2) A Ftna! Plat shall be drawn at a scale of ~"~20' or
1":30'. Inaividual sheets, their size, marginal lines, and other
drafting considerations shall comply with requirements of Palm Beach
County for the recordation of plats. Where the final plat requires
more than one sheet, each sheet shall be keyed to a master map. The
final plat shall show the following:
(a) A map showing the location of the subdivision with
respect to Section or Government lot lines.
(b) A title block as provided on the preliminary plat.
- 5 - Ord. No. 46-95
(c) Boundary lines drawn in compliance with F.S.
Land Boundaries.
(d) The accurate location material of all permanent
reference monuments.
(e) The -exact layout, Including street and alley
lines, street names, bearing angles of
intersection and widths (including widths along
the lines of any obliquely intersecting street),
lengths of arcs and radii, points of curvature and
tangent bearings, all easements or rights-of-way
where provided; all lot lines with dimensions in
feet and hundredths and with bearings or angles
if other than right angles to the street or alley
lines.
(f) Lots numbered in numerical sequence beginning with
number one in each block, and blocks numbered in
numerical order or lettered in alphabetical order.
(g) The accurate identification of all property which
is to be dedicated or reserved for public use
including open drainage courses and easements, and
all property that may be reserved by covenants in
deeds for the common use of the property owners in
the subdivision with the ~urposes indicated
thereon.
(h) Mortgagee statements of consent, in the format
provided in the City Subdivisio~ Forms.
(i) Title Certification by an attorney-at-law or title
company, in the format provided in ~he City
Subdivision Forms.
(J) Standard Dedication Statement. in the format
provided in the City Subdivision Forms
(k) Standard Signature Block. in the format provided
in the City Subdivision Form,.
(1) Surveyors Certificate attesting to the accuracy of
the survey and the placement of permanent
reference monuments, in the format provided in the
City Subdivision Forms.
- 6 - Ord. No. 46-95
(m) Name of the subdivision centered at the top of the
page and a north arrow with scale.
~ That Chapter Two, 'Administrative Provisions"
Article 2.4, 'General Procedures", Seotion 2.4 .3, 'Submission
Requirements", Subsection 2.4.3(K), ~Fees', of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows=
(K) Fees: Processing fees shall be collected for
development applications. The fees shall be as established herein and
as modified by ordinance of the City Commission. ~¢~/~/~
The following f~es shall be cha~aed for development applications
~¢~¢/~¢~/~¢/~~. A~I fees are cumulative and separate
unless otherwise indicated. Combined applications shall provide
multiple fees.
(a) Comprehensive Plan Amendment $ 2,000
(b) Review of an ADA/DRI $ 1,000
(c) Voluntary Annexation with Zoning $ 1,000
(d) Rezoning of Land $ 900
(e) Modification of a SAD Ordinance
to add a use or uses $ 450
(f) Conditional Use, new application $ 450
Modification requiring Board review $ 200
Modification with Administrative review $ 50
(g) Master Plans $ 500 (1)
(h) Formal review of a Sketch Plan $ 500
[Section 2.4.1(B)]
(i)
(J) Site Plan Review, new application $ 500 (1)
(includes landscaping plans and
architectural elevations)
Modification requiring Board review $ 500
Modification with Administrative review $ 50
- 7 - Ord. No. 46-95
(k) Extension requests for a previously
approved conditional use or site plan --
(only one fee is required if both items
are being extended for one project)
-- project has commenced construction $ 150
no construction $ 500
(1) Plats
Boundary Plat or Minor Subdivision $ 300
Preliminary Subdivision Plat $ 500 (1)
Final Subdivision Plat $ 1,000
Combined Preliminary & Final Plat $ 1,000 (1)
Plat Recordina Fee
(m) Abandonments
Right-of-way $ 500
General Easements $ 200
Specific Easements $ 50
(n) Master Sign Program $ 100
(o) Variance through the Board of Adjustment
or the Historic Preservation Board $ 150
(p) Formal interpretation by the Board of
Adjustment $ 25
(q) Certificate of Appropriateness by Board $ 25 (2)
(r) Certificate of Appropriateness by
Administrator $ -O-
(S) Request for Historic Designation $ 25
(t) Hearing before the Board of Construction '?
Appeals (per item) $ 25
(u) Temporary Use Request involving City
Commission action $ 100
(v) Water Service Agreement Request
-- without concurrent site plan $ 100
-- with ~oncurrent site plan $ -0-
- 8 - Ord. No. 4~-9§ --~
NOTES:
(1)
fraction thereof, beginning at 5.01 acres, ~/~
up to a aximum of $3,000 per
project.
(2) This fee shall be uredited against any other
processing fee which may be applicable to the
request.
~30.00 for the first sheet of the plat. ~15.00 for
each a~itiona~
ti;~ bY Palm Beach Count~. ~avable to Palm Beach
(2) Plan Check Fees: Plan Check fees are required for a
project whose proposed construction exceeds $20,000 and when building
plans are required by Section ~05.3 of the Building Code.
(a) The Plan Check fee shall be paid when building
plans are submitted ~ ~¢~/~¢~¢~ for
the applicable permit. The fee shall be equal to
one-half (1/2) of the building permit fee [see
item (3)(h)]. This Plan Check fee shall be
credited to the cost of the applicable permit at
its time of issuance.
(b) A Change to Plans or Shop Drawings Fee of
the first sheet plus $~.00 per each additional
sheet shall be charged for any plans not submitted
with the original permit application.
~ That Chapter Two, 'Administrative Provisions"
Article 2.4, 'General Procedures", Section 2.4.4, 'General Procedures
Pertaining tO Approval of Land Use and Development Applications",
'Expiration of Approvals" Subparagraph
Subsection 2.4.4(E),
2.4.4(E)(4), 'Abandonments, Final Plats, Variances', of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same £s hereby amended to read as follows:
(4) Abandonments, Final Plats, Variances are final
actions which run with the land. HoweverlJ
-
[a~ Once approved by the City Commission. the
final ~at must be recorded within eiahteen
.{18} months. If the final .plat is not
=ecorded within eiaht~en fl#} months th~
approval expires
fb~ A final plat may be vacated bv action of the
City Commission [See Section 2.4.5¢L)1.
~ That Chapter Two, 'Administrative Provisions",
Article 2.4, "General. . Procedures", Section 2.4.5, 'Procedures fOr
Obtaining Development Approvals", Subsection 2.4.5(L), 'Modifications
to Recorded Plats", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows=
(1) Rules:
(&~) Vacation: A plat, or any part of a plat, may
be vacated by the owner of the land at any time prior to the sale of
any lot therein provided that the vacating is approved by the City
Commission. When lots have been sold, a plat may be vacated only if
all the property owners Join ~n written execution of such in writing.
(2) Required Info~-~ation: The following information
must be submitted in order to ~~/~t vacate a recorded plat:
* Proof of ownership pursuant to 2.4.3(A)(3)
* A certified copy of the plat which is to be
* A petition, by letter, stating the action which is
sought and the basis therefore
* The legal instrument which is to effectuate the
(3) Procedures: A request for ~~¢~
vacation of a recorded plat shall be accomplished in the following
manner:
(a) Submission of required information received
and certified as being complete.
(b) Review by the Planning and Zoning Board with
respect to appropriateness of the proposed
action and its implications on the public's
rights in any of its public uses,
improvements, streets, etc.
(c) Review of the proposed legal instrument which
respect to form by the City Attorney.
(d) Consideration by the City Commission at which
time the request may be approved or denied.
(e) ~¢¢~~ ~ of the legal instrument
pursuant to procedures as set forth by the
City Clerk.
(4) Conditions: A ~¢~¢~/~ vacation instrument
may not be conditionally approved& however, said instrument may
contain provisions which require the applicant to mitigate adverse
(5) Findings: Prior to approving a ~~¢~/~/
~ vacation of a recorded plat, the City Commission must find that the
abandonment of any affected public interest which had been created by
the plat or any public improvement which was to have been provided in
implementation of the plat, but which would not now be required, shall
not have a significantly adverse impact upon the City's ability to
obtain, retain or maintain public facilit£es or tests of concurrency.
- 11 - Ord. No. 46-95
~ That Chapter Two, 'Administrative Provisions",
Article 2.4, 'General Procedures", Section 2.4.g, 'Certification of
Actions Taken", Subsections 2.4.g(C) and (D), of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows=
(1) Financial Guarantee Require~: Upon approval of
the final plat for a subdivision, a reproducible mylar of the plat
shall be executed by the Mayor and other appropriate officials· The
signed mylar shall be retained by the City Engineer until the
recordinu fee [2.4.3fK}~ and a financial guarantee (2.4.~0) for the
Installation and/or warranty of public improvements has been filed.
~h~l~: ~pon release by the City Engineer, the ~
~¢~/~/~¢~ shall cause the final plat to be recorded in the
Building permits shall not be issued for structures until such time as
~ocuments are to be recorded as a condition of approval, the applicant
is responsible for recordation and providing certified copies of the
recorded document to the City Clerk in a number as prescribed by the
Clerk. Recordation of official City documents (e.g. a Resolution of
Abandonment of an Easement) shall be made under the auspices of the
City Clerk.
~ That Chapter Two, "Administrative Provisions",
Article 2 4, "General Procedures", Section 2.4.10,
Guarantees", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to rea~ as follows=
SectiOn 2.4.~0 Financial ~uarantees= This section sets forth the
parameters and procedure associated with providing a financial
guarantee to insure the timely and proper installation of public
improvements which are required to support the proposed development.
(A) Items wh~=h re~u~e a finan=~al guarantee: Any
improvement for which the City will assume responsibility or which is
necessary to adequately provide service to, or on, a site shall have
provisions for guaranteeing its installation and that it properly
functions. Such improvements include, but are not limited
- ~2 - Ord. No. 4~-95
* Water mains and fire hydrants
* Sewer mains and lift stations
* Drainage systems whether publicly or privately
maintained
* Street improvements whether on public or private
street systems
* Street lighting
* Traffic signal installation
* Any improvement which is to be located in a public
right-of-way
* Street trees
Landscaping pursuant to Subsection (G)
(B) Required in-l~eu of ~mprovements: A financial
guarantee may be provided in lieu of installation of infrastructure
improvements in situations where a developer desires to have a final
plat recorded or a site plan certified prior to installation of such
improvements. Such financial guarantee must be provided to the City
Engineer, in a proper form ~¢¢~/~ ¢Sub~ivision Forms), prior
to the City Engineer releasing an approved plat for
~¢~~ or prior to the City Engineer releasing a certified site
plan to the Building Department pursuant to the building permit
approval process.
(C) Hequire~ for warranty: A financial guarantee shall be
required as a part of an agreement between the City and the developer
to ~efray all expenses incurred by the City because of defects in
materials or workmanship used in the required improvements. The
guarantee shall be for a minimum period of one year after acceptance
of the improvement. [172.40(B)(3)]
(D) A~ount: The amount of a financial guarantee required
in lieu of improvements shall be equal to 110% of the cost of the
improvements as estimated by the developer and concurred with by the
City Engineer. A financial guarantee for a warranty not associated
with an in-lieu situation shall be for 10% of the cost of original
installation.
(E) For~s: A financial guarantee may take any of the
following forms. However, each individual document must be approved
by the City Attorney as to form.
( 1 ) Surety Bond or other equivalent security
instrument, conditioned to secure the construction of the required
improvements in a satisfactory manner within a one year time period.
The bond shall be executed by a surety company authorized to do
business in Palm Beach County. No such bond shall be acceptable
unless it is enforceable by, or payable to, the City. The surety bond
shall be in the form nrovide~ in the Sub~ivision Forms.
- 13- Ord. No. 46-95
(2) Deposit with the City in the form of cash, cash
placed in escrow, a cashier's check, or a certified check.
(3) Letter of Credit established with a financial
institution wherein the City has access to funds in the event it
becomes necessary for the City to complete installation and/or
maintenance of the improvements. The letter of credit shall be in the
_
form provided in the Subdivision Forms.
(F) Release of Funds: The City Engineer shall release all
funds at the time of acceptance of improvements with the exception of
an amount of 10% which shall be retained for a period of one year
after acceptance of all improvements. This amount may be used by the
City if it becomes necessary to provide for the repair or maintenance
of the improvement within that one year period. Upon request and at
the time of acceptance of a specific improvement, the City Engineer
may release any funds which are provided by deposit or letter of
credit to the extent that they were provided for the improvement being
accepted.
(G) Landscaping Bond:
(1) If the landscaping requirements of this Section
have not been met at the time that a Certificate of Occupancy could be
granted and is requested, the owner or his agent must post with the
Building Department a bond of one hundred and ten percent (110%)
covering the costs of materials, labor and other costs incidental to
the installation of the required landscaping.
(2) A landscape bond will only be accepted in extreme
hardships where the landscape plant materials are not available due to
drought or freeze, or similar conditions occur that would warrant
acceptance of the bond as determined by the Chief Building Official.
~ That Chapter Five, "Subdivision Regulations",
Article 5.~, #General Provisions", of the Land Development Regulations
of the City of Delray Beach, Florida, be, and the same is hereby
repealed in its entirety, and a new Article 5 1, "General Provisions"
is hereby enacted to read as follows~
- 14 - Ord. No. 46-95
ARTICLE 5.1: ~gNERAL PROVISIONS
Bection 5.1.1 Rule: Whenever any sub~ivision of land is proposed,
before any contract is made for the sale of any part thereof, and
before any permit for the erection of a structure in such proposed
8ub~ivision shall be granted, the subdividing owner (or his authorized
agent) shall apply for and secure approval of such proposed
subdivision in accordance with the provisions of this Article.
Section 5.1.2 Puruose and Intent:
The purpose of this section is to promote the public health, safety,
comfort and welfare of the City through the harmonious, orderly and
progressive development of land by insuring:
(A) The establishment of standards for subdivision design
which will encourage the 'development of a sound and economically
stable community, and the creation of healthy living environments.
(B) The efficient, adequate and economic supply of
infrastructure and services to land developments.
(C) The prevention of traffic hazards and the provision of
safe and convenient vehicular and pedestrian traffic circulation in
land developments.
(D) The provision of public open spaces in land
developments for recreational, educational, and community facilities.
(E) Consistency with the Policies and goals of ~he
Comprehensive Plan.
(F) Site design respecting unique environmental
characteristics of the site, and preservation of such characteristics
to the maximum extent possible.
(G) The establishment of standards of design and procedures
for plats and replats, to further the orderly layout and use of land,
and to insure the proper legal description and ,monumentation of
subdivided land.
(H) Consistency with Florida State Statutes, Chapter 177.
Section 5.1.3 ~_~licabilit~:
Plat Required: A plat is required for the subdivision of any lot,
tract or parcel of land; and for the dedication, layout, opening or
construction of any street, storm sewer, sanitary sewer, water main,
or other facility for public use or for the common use of building
occupants. The provisions of this section shall apply to all lands
within the incorporated area of the City except as specifically
exempted.
Section 5.1.4 Exemutions:
The following are hereby exempt from the platting procedure:
(A) The proposed construction of a new building or
structure occupying a previously platted lot in its entirety, to be
maintained under a single ownership, or condominium occupied by the
owner or lessees holding leases other than a divided land lease or
ownership, whereupon no additional right-of-way is required.
(B) A duplex or triplex residence on an existing street,
requiring no extension of water and sewer services.
(C) The combination or recombination of portions of platted
lots where no additional lots are created and the new lots conform to
the development regulations for the applicable zoning district in
which the properties are located. A survey of the revised lot layout
shall be filed with the City Engineer.
(D) The sale or exchange of parcels of land to or between
adjoining property owners where such sale or exchange does not create
additional lots and does not reduce any lot to an area less than the
development regulations for the applicable zoning district in which
the properties are located and no dedication or improvements are
required under this section. A survey of the revised lot layout shall
be filed with the City Engineer.
(E) Conveyance of undivided interests in previously platted
lots subject to conformance with the development regulations for the
applicable zoning district in which the property is located.
(F) Other exemptions may be granted after review and
approval by the Development Services Management Group (DSMG).
- 16 - Ord. No. 46-95
Section 5 1.5 Com~lianae With the Com~rehensive Plan:
(A) ~ No land shall be subdivided unless such
subdivision and future use thereof shall be consistent with the Future
Land Use Map and policies of the Comprehensive Plan.
(B) provision of Lan~ for Facilities: Whenever land which
is to be subdivided embraces any part of a designated feature within
an Element of the Comprehensive Plan, that feature shall be included
in the proposed subdivision. Such features shall include, but not be
limited to: streets; parks; conservation sites; sites for public
schools; drainage courses; sites for water tanks, lift stations and
similar public utility facilities; and easements for water, sewer and
drainage devices.
Section 5.1.6 Comuliance with Zonina Reaulations:
(A) ~ All subdivisions shall conform with, at
least, the minimum zoning regulations applicable to the property being
subdivided i.e. a nonconforming situation cannot be created through
the act of subdivision unless a variance to such effect is approved by
the Board of Adjustment prior to action on a preliminary subdivision
plat. However, conditions of approval which require mitigation of
such a situation may be affixed to the approval of final plat in lieu
of pursuing a variance.
(B) Unbuil~able Sites: Land which is found unsuited for
development due to poor soil qualities, flooding, poor drainage, or
other features likely to be harmful to the health, safety, and general
welfare of future residents shall not be Subdivided as a separate
building site, unless adequate methods of correction and mitigation
are formulated by the subdivision and guaranteed to be observed.
However, such land may be subdivided and identified as a tract of
unbuildable land
~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
~ 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 affect the validity of the remainder hereof as a
whole or part thereof Other than the part declared to be invalid.
- 17 - Ord. No. 46-95
Section 10. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 5th day of September , 1995. .~.
ATTEST:
~ity Cle~rk - '
First Reading August 8~ 1995
Second Reading September 5f 1995 ~.~
-?
- 18 - Ord. No. 46-95
CITY I)F i)ELAIIY BEA£H
FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090
DELRAY BEACH
Ali. America City MEMORANDUM
1993
TO: Alison MacGregor Harty, City Clerk
FROM: David N. Tolces, Assistam City Attorne~
SUBJECT: City Subdivision Forms
The attached subdivision forms are designed to assist developers with preparing plats and
agreements for subdivision improvements. These forms should be placed on a City
Commission agenda for approval and authorizing the City Manager to sign the
documems without obtaining Commission approval.
Please call if you have any questions.
DNT:smk
Attachment
cc: David Harden, City Manager
subdiv.dm
~ PrintedonRecycledPaper [0 · /~. / .
CITY of DELRAY BEACH
STANDARD SUBDIVISION FORMS
SEPTEMBER 1995
ENVIRONMENTAL SERVICES DEPARTMENT
434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLORIDA 33444
STANDARD SUBDMSION FORMS
TABLE OF CONTENTS
PAGE
Standard Dedication Statement 1
Dedication Formats 3
Mortgagee's Consent 5
Acknowledgments 6
Standard (Approval) Signature Block 7
Title Certification 8
Surveyor's Certificate 9
Preparing Surveyor's Statement 10
Surveyor's Notes 11
Guarantee for Completed Subdivision Improvements
(Letter of Credit 10% Guarantee Required Improvements) 12
Agreement for Completion of Subdivision Improvements
and Guarantee (Letter of Credit 100% of Required Improvements
and 10% Guarantee) 16
Completion of Subdivision Improvements (Cash Deposit 100% of
Required Improvements and 10% Guarantee) 20
~frevocable Letter of Credit 24
Instructions for Performance Bond Submittal 25
Contract Bond Covering Performance and Payment of Labor
and Material 26
Environmental Services Department Fee Schedule 30
Engineer's Certificate of Completion 31
Release of Water and Sewer 32
STANDARD DEDICATION STATEMENT
DEDICATION:
KNOW AT.L M~EN BY THESE PRESENTS: that owner's name and appropriate
identification as/is the owner of the land as shown on this plat, being in the of
Section , Township of , Range __ , Palm Beach County, Florida
described as follows:
(a) insert metes and bounds description or previous subdivision, block, and lot
descriptions as it appears on the warranty deeds which have been provided
with the basic submission
Note: Any difference between what is shown as the perimeter of the parcel
and what is described in the warranty deed(s) must be resolved or noted.
HAVE CAUSED SAID LANDS TO BE SURVEYED AND PLATTED AS SHOWN
HEREON AS ~ name of subdivision AND FURTHER DEDICATES AS
FOLLOWS:
(Following are examples which should be modified, as appropriate, to the
subdivision)
TRACT "A" is hereby dedicated to the (City of Delray Beach) (The County of
Palm Beach) as public right-of-way for street and utility purposes.
TRACT "B" is hereby dedicated to the City of Delray Beach for park purposes.
TRACT "C" is hereby dedicated to the Homeowner's Association as
a private street to be owned and maintained by said association with the right of
the City of Delray Beach to access and or repair water and sewer mains within said
tract.
TRACT "D" is a hereby dedicated to the Association as a Lake
Management Tract to be maintained by said Association with a dedicated right-of-
access to the South Florida Management District for lake management purposes.
TRACTS "E', "F', AND "G" are dedicated to the Association as
private parks to be owned and maintained by said Association.
TRACT "H' is not a part of this plat. (To be used, pursuant to F.S. 177.091(25)
when an interior (existing) lot or parcel is not a part of the subdivision.)
ALONG WITH THE FOLLOWING EASEMENTS:
Ali water and sewer easements shown hereon are made to the City of Delray
Beach for the purpose of access to and repair of and installation of water and
sewer mains.
Access easements #1 and #2 are made to the general public for the purpose of
accessing the public beach.
The Limited Access Easement (LAE) is made to the City of Delray beach for the
purpose of prohibiting access between abutting lots and Lake Ida Road.
General Utility (G.U.) Easements are made to any public or private utility, such
as but not limited to, storm drainage, sanitary sewer, electric power, water service,
gas service, telephone lines .....
Exclusive Utility (E.U.) Easements are made to the specific service provider as
indicated hereon.
IN WITNESS WItEREOF, Of the above named has caused
these present to be signed this day of ,19
2
DEDICATION FORMATS
(CO~.PO~ATE)
KNOW ALL MEN BY THESE PRESENTS that ,,, (corporate name)
a [Florida corporation] [(State) corporation, licensed to do business in Florida],
owner of the land shown hereon, being in Section , Township
Range __Palm Beach County, Florida, shown hereon as
(plat name) , being more particularly described as follows:
-OR-
(INDiUm)
KNOW ALL MEN BY THESE PRESENTS that (name[s])
owner[s] of the land shown hereon, being in Section ,-Township
Range , Palm Beach County, Florida, shown hereon
as (plat name) ,being more particularly described as follows:
[Legal Description]
have caused the same to be surveyed and platted as shown hereon and do hereby
dedicate as follows:
[Dedications/Reservations as applicable]
3
(COaPOaATE)
IN WITNESS WHEREOF, the above-named corporation has caused these
presents to be signed by its [President] [Vice-President] [and attested by its (other
corporate officer, ] and its corporate seal to be affixed hereto by and with the authority of'
its Board of Directors, this day of ,19. .
(corporate name)
a [Florida corporation]
[ (State) corporation, licensed to do
business in Florida]
WITNESS: BY: (signature of Pres or V. Pres.)
(printed name) - (title)
(COP. POP. ATE SEAL)
- OK -
ATTEST:
(printed name) - (title)
-011.-
(nvoWmUAL)
IN WITNESS WHEREOF, [1] [We] (names[s]) do hereunto set [my]
[our] hand[s] and seal[si this day of ,19
WITNESS (1) BY: (1) (si~amre)
(printed name)
(])
WITNESS (2) BY: (2) ($ignamre~
(printed name)
(2)
[ACKNOWLEDGMENTS]
4
MORTGAGEE'S CONSENT
STATE OF .)
COUNTY OF )
The undersigned hereby certifies that it is the holder of [al mortgage[s], upon the property
described hereon and does hereby join in and consent to the dedication of the land
described in said dedication by the owner thereof and agrees that its mortgage[s] which
[is] [are] recorded in Offcal Record Book at page Is]
of the Public Records of Palm Beach county, Florida, shall be subordinated to the
dedication shown hereon.
(CORPORATE) _._
IN WITNESS WHEREOF, the said corporation has caused these presents to be signed by
its [President] Vice President] and its corporate seal to be affuxed hereon by and with the
authority of its Board of Directors this ~ day of ,19
[corporate name]
a (State) corporation
WITNESS: BY: (signature of Pres. or V. Pres. )
(printed name) - (fire)
(CORPORATE SEAL)
(iNontmu a.)
IN WITNESS WHEREOF, III [We] (names[s]) do hereunto set [my]
[our] hand[s] and seal[s] this day of , 19
WITNESS BY: (signature)
(printed name)
[ACKNOWLEDGMENTS]
ACKNOWLEDGMENTS
(CORPORATION)
STATE OF )
COUNTY OF )
BEFORE ME personally appeared (printed name)
who is personally known to me, or has produced as
idemification, and who executed the foregoing instrument as [Vice] President of
(corporation name), a corporation, and severally acknowledged to and before me that [he]
[she] executed such instrument as such officer of said corporation, and that the seal aff~xed
to the foregoing instrumem is the corporate seal of said corporation and that it was afl~xed
to said instrument by due and regular corporate authority, and that said instrument is the
free act and deed of said corporation.
WITNESS my hand and official seal this day of ,19
My commission expires: (signature)
Notary Public
(Seal)
(nVD UAL)
STATE OF
COUNTY OF )
BEFORE ME personally appeared (printed name[s] who
[is] [are] personally known to me or [has] [have] produced [and
, respectively] as identification, and who executed the foregoing
instrument, and acknowledged before me that [he] [she] [they] executed said instrument
for the purposes expressed therein.
WITNESS my hand and official seal this day of..
19
My commission expires: (si~ature)
Notary Public
(Seal)
STANDARD (APPROVAL) SIGNATURE BLOCK
TI:IlS PLAT OF THE name of subdivision AS APPROVED ON
DAY OF , A.D. 19 BY THE CITY COMMISSION
OF ~ CITY OF DELRAY BEACH, FLORIDA.
ATTEST:
MAYOR CITY CLERK
AND REVIEWED, ACCEPTED, AND CERTIFIED BY:
Director of Planning and Zoning Chairperson, Planning and Zoning
Board
City Engineer Fire Marshal(I)
Director of Environmental Services (2) Director, Parks and Recreation (3)
(1) Required only where there is a street name or a change in addressing, not
required for boundary plats.
(2) Required only when easemems are provided for water and/or sewer
services.
(3) Required only when land is dedicated for parks purposes or parkways are
provided in or alongside a public street
7
TITLE CERTIFICATION
STATE OF FLORIDA )
COUNTY OF )
[I] [We], (primed name of attorney or title company), [a duly licensed attorney in the
State of Florida] [a title insurance company, as duly licensed in the State of Florida] do
hereby certify that [1r] {we} have examined the title to the hereon described property; that
[I] {we} find the title to the property is vested to (names[s] of owner[s] ); that the current
taxes have been paid; that [all mortgages not satisfied or released of record nor otherwise
terminated by law are shown hereon] [there are no mortgages of record]; and that [there
are no encumbrances of record ] [there are encumbrances of record but those
encumbrances do not prohibit the creation of the subdivision depicted by this plat].
Dated: (Attorney-at-law licensed in Florida)
Dated: (Officer &title insurance company)
(printed name) - (title)
SURVEYOR'S CERTIFICATE
(When "P.C.P.s" are to be installed prior to platting)
This is to certify that the plat shown hereon is a true and correct representation of a survey
made under my responsible direction and supervision; that said survey is accurate to the
best of my knowledge and belief} that Permanent Keference Monuments ("P.K.M.s") and
Permanent Control Points ("P.C.P.s") have been placed as required by law; and, further,
that the survey data complies with all the requkements of Chapter 177, Florida Statutes,
as amended, and the ordinances of City of Dekay Beach, Florida
-OR-
(When "P.C.P.s"are to be installed after platting)
This is to certify that the plat shown hereon is a true and correct representation ora survey
made under my responsible direction and supervision; that said survey is accurate to the
best of my knowledge and belief; that Permanent Reference Monuments ("P.R.M.s") have
been placed as required by law and that Permanent Control Points ("P.C.P.s") will be set
under the guarantees posted with the City of Dekay Beach for the Required Improvements
of Chapter 177, Florida Statutes, as amended, and the ordinances of City of Delray Beach,
Florida.
(signature)
(printed name), P.L.S.
License No.
State of Florida
(Seal)
9
PREPARING SURVEYOR'S STATEMENT
This instrument was prepared by (Surveyor's name) ,
(Surveyor's address)
10
SURVEYOR'S NOTES
Surveyor's notes shall address the following items as a minimum.
1. Required Notes
a. Surveyor to provide beating reference
b. There may be additional restrictions that are not recorded on this plat that
may be found in the public records of Palm Beach County, Florida.
e. The city of Delray Beach is hereby granted the fight of access for
emergency and maintenance purposes.
2. Leeend
All symbols and abbreviations used on the plat map shall be idemified by a suitable
legend.
11
GUARANTEE FOR COMPLETED SUBDMSION IMPROVEMENTS
TI-HS AGREEMENT entered into this __ day of ,199
between the CITY OF DELRAY BEACH (hereinafter "City") and
(hereinafter "Subdivider"), for the purpose of providing a guarantee for the completed
subdivision improvements as depicted in the approved' preliminary and final plat of~
as required City of Delray Beach Subdivision ordinance.
WITNESETH
1. The subdivider has completed the above-referenced improvements, and furnishes
to the City an original Letter of Credit No. issued by
in the amount of $ , which is attached hereto as Exhibit "A".
2. The funds available under the above referred to Letter of Credit are allocated as
follows: --
a) $ for the guarantee required of the subdivider
pursuant to the City Subdivision Ordinance. The subdivider is required to defray all
expenses incurred by the City as a result of defects in materials and/or workmanship
relating to the required subdivision improvements as set forth on the pre 'hminary and final
plat of
I/the subdivider has not submitted to the City an acceptable substitute
Letter of Credit on or before , the City shall draw $
on the Letter of Credit No. and hold the amount withdrawn for
the one-year guarantee period required under the City's Subdivision Ordinance.
In the event there is a deficiency in the amount available to correct the
defects, the subdivider will upon demand provide to the City such additional funds as may
be required, in the event that there is a surplus remaining in excess of the amount required
to correct the defects then the City will release or remit such an amount to the subdivider.
3. If upon presentment of above referenced Letter of Credit is dishonored, the
subdivider shah be liable to the City in full amount which may be due under the Letter of
Credit for either the completion of improvements or to rectify defects in materials and/or
worka'nanship pursuant to the guarantee requirement of the Subdivision Ordinance. In
addition, in the event that the City must take steps to collect under the Letter of Credit
and/or from the subdivider because of dishonor of the Letter of Credit, the subdivider will
pay all attorney's fees, collection costs, court costs and other expenses incurred by the
City in its efforts to collect the amounts due. Further, it is understood that the Letter of
Credit shall secure in addition to the construction costs of the improvements and the
guarantee, aH ofthe aforementioned costs which may be incurred by the City.
12
4. Any notice required to be given hereunder shall be given by personal
delivery, by.registered mail, or be registered expedited service at the addressees as
specified below, or at such other addresses as may be specified in writing by the parties
hereto, and any such notice shall be deemed received' on the date of delivery.
As to City: City of Delray Beach
City Engineer
434 So. Swinton Avenue
Delray Beach, Florida 33~.~.4
As to Subdivider:
WITNESS:
By:.
(Name printed or typed) (Name printed or typed)
(Address)
(Name printed or typed)
By:
S~dMd~
(Name printed or typed) (Name printed or typed)
(Address)
(Name printed or typed)
CITY OF D~:.r RAY BEACH
ATTEST:
City Clerk
13
Approved as to legal sufficiency and form:
City Attorney
STATE OF (SEAL)
COUNTY OF
The foregoing instrument was acknowledged before me this day of
by (name of officer or agent,
title of officer or agent), of (name of corporation
acknowledging), a (state or place of incorporation)
corporation, on behalf of the corporation. He/She is personally known to me or has
produced identification (type ofidenti~c~tion) as
identification and did (did not) take an oath.
Signature of Person Taking Acknowledgment
Name of Acknowledger Typed, Printed or
Stamped
Title or Rank
Serial Number, if any
14
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this ~ day of
by ,(name 'of person
acknowledged), who is personally known to me or has produced
(type of identification) as identification and who did (did not) take an oath.
Signature of Person Taking Acknowledgment
Name ofAcknowledger Typed, l~rinted or
Stamped
Title or Rank
Serial Number, if any
15
AGREEMENT FOR
COMPLETION OF SUBDMSION IMPROVEMENTS AND GUARANTEE
THIS AGRF. EMElX~ entered into this ~ day of ,19
between the CITY OF DELRAY BEACH (hereinafter the City) and
(hereinafter the subdivider), for the purpose of assuring the City that the subdivider will
complete the improvements in the approved preliminary and final plat of
and that the Subdivider provides a guarantee for the subdivision improvements as required
by the City of Delray Beach subdivision ordinance.
WITNESETH
1. The Subdivider fimaishes the City the original Letter of Credit No. issued
by , in the amount of --
$ , a copy of which is attached hereto as Exhibit "A'.
2. The funds available under the above referred to Letter of Credit are allocated as
follows:
a) $ for the construction and installation of all
improvements as called for on the approved pre 'hminary and final plat of
to be completed in accordance with specification
required by the City of Delray Beach. All required improvements of the preliminary and
final plat are to be completed and installed within a period of not more than
from the date of this agreement. In the event that satisfactory progress towards
completion is not being made in the judgment of the City Engineer to assure completion
within the above referred to period, the City is authorized to complete the
required improvements by making a demand on the above referred to Letter of Credit and
using the funds obtained therefrom to complete the improvements. However, it is
understood that no demand will be made on the above-referenced Letter of Credit for the
completion of improvements until such time as the subdivider has been given a thirty day
notice in writing specifying in what regards satisfactory progress towards completion is
not being made. In the event that this deficiency is cured within the thirty day period no
demand will be made on the Letter of Credit.
Notwithstanding the above thirty day notice requirement in the event that
all improvements as called for on the approved pre 'hminary and final plat of
have not been completely and satisfactorily installed by the City without
notice to the subdivider may make a demand or demands the Letter of Credit in an amount
sufficient to satisfactorily complete the improvements.
In the event that the amount remaining under the Letter of Credit is
insufficient to complete the improvements, the subdivider will upon demand furnish such
16
additional funds as are necessary to fully and completely install the improvements. In the
event that there is a surplus remaining after the City's completion of installation of the
required implements as may be required as set forth above the City shall remit or release
this amount to the subdivider.
b) $ for the guarantee required of the subdivider
pursuant to the City subdivision Ordinance. The subdivider is required to defray all
expenses incurred by the City as a result of defects in materials and/or workmanship
relating to the required subdivision improvements as set forth on the preliminary and final
plat of .. It is understood that prior to the City making a
demand on the Letter of Credit for any defects in materials and/or workmanship that a
thirty day written notice shall be provided to the subdivider to provide an opportunity to
correct such defect. NOTWITHSTANDING this thirty day notice requirement however
in the event that there are any defects in materials and/or workmanship existing as of
the City may make such demand on Letter of_C_ redit as it
deems necessary to correct the existing defects.
In the event that there is a deficiency in the amount available under the
Letter of Credit to correct the defects the subdivider will upon demand provide to the City
such additional funds as may be required. In the event that there is a surplus remaining
under the Letter of Credit in excess of the amount required to correct the defects then the
City will release or remit such an amount to the subdivider.
The subdivider may at its' option provide a substitute Letter of Credit in
the amount often percent (10%) of the construction cost of the improvements referred to
in paragraph 2a., in lieu of the City retaining available ten percent (10%) of the above
referenced Letter of Credit. The substitute shall be in the same form as the original Letter
of Credit or such other form as may be satisfactory to the City of Delray Beach.
3. If upon presentment the above referenced Letter of Credit is dishonored, the
subdivider shall be liable to the City in the full amount which may be due under the letter
of Credit for either the completion of improvements or to rectify defects in materials
and/or workmanship pursuant to the guarantee requirement of the subdivision ordinance.
In addition, in the event that the City must take steps to collect under the letter of Credit
and/or fi.om the subdivider because of dishonor of the Letter of Credit, the subdivider will
pay all attorneys fees, colle~on costs, court costs and other expenses incurred by the City
in its efforts to collect the amount due. Further, it is understood that the Letter of Credit
shall secure in addition to the construction costs of the improvements and the guarantee,
aH of the aforementioned costs which may be incurred by the City.
4. Any notice required to be given hereunder shall be given by personal delivery, by
registered mail, or be registered expedited service at the addressees as specified below, or
at such other addresses as may be specified in writing by the parties hereto, and any such
notice shall be deemed received on the date of delivery.
As to City: City of Delray Beach
City Engineer
434 So. Swinton Avenue
Dekay Beach, Florida 33444
As to Subdivider:
WITNESS: SUBDIVIDER
By:
(Name printed or typed) (Name printed or typed)
(Address)
(Name printed or typed)
CITY OF DELRAY BEACH
By:
ATTEST:
City Clerk
Approved as to legal sufficiency and form:
City Attorney
18
SWAr
COUNTY OF
The foregoing instrument was acknowledged before me this day of
by name of officer or agent, title
of officer or agent), of (name of corporation
acknowledging), a (state or place of incorporation)
corporation, on behaifofthe corporation. He/She is personally known to me or has
produced identification (type of identification) as
identification and did (did not) take an oath.
Signature of Person Taking Acknowledgment
Name of Acknowledger Typed, Printed or
Stamped
Title or Rank
Serial Number, if any
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this ~ day of
by .(name of person
acknowledged), who is personally known to me or has produced
(type of identification) as identification and who did (did not) take an oath.
Signature of Person Taking Acknowledgment
Name of Acknowledger Typed, Printed or
Stamped
Title or Rank
Serial Number, if any
19
COMPLETION OF SUBDMSION IMPROVeMeNTS
THIS AGREEMENT entered into this day of ,19
between the CITY OF DELRAY BEACH (hereinafter the city) and
(hereinafter the subdivider), for the purpose of assuring the City that the subdivider will
complete the improvements in the approved preliminary and final plat of
and that the subdivider provide the guarantee, all as required by the City of Delray Beach
Subdivision ordinance.
WITNESETH
1. The subdivider agrees to establish a cash account with the City of Delray Beach in
the amount of $
2. The funds in the above account are allocated as follows:
a) s for the construction and installation of all
improvements as called for on the approved pre'~ and final plat of all improvements
as called for on the approved preliminary and final plat of to be
completed at the specifications required by the City of Deiray Beach. All required
improvements of the preliminary and final plat are to be completed and installed within a
period of not more than one (1) year from the date of this agreement. In the event that
satisfactory progress toward completion is not being made in the judgment oft he City
Engineer the City is authorized to complete the required improvements using the fund
established herein to pay for materials, labor and other expenses in connection with said
improvements. Ii'the subdivider is making satisfactory progress toward the completion of
the required work the City will release proportionate amounts of this deposit as portions
of the work are completed in accordance with City specifications as approved by the City
Engineer.
b) $ for the guarantee required of the subdivider
pursuant to the City's subdivision ordinance. The subdivider is required to defiay all
expenses incurred by the City as a result of defect in materials and/or workmanship
relating to the required subdivision improvements as set forth on the preliminary and final
plat of This obligation continues to a period of one (1) year after
the City's acceptance of the completed subdivision improvements.
3. Any interest earned on the above cash account shall be the property of
unless the interest is necessary to meeting the obligations of the
subdivider in either 1 (a) or (h) above.
4. Following the City's acceptance of a completed subdivision improvements the City
will disburse any excess amount then remaining from that portion of the above account
allocated to completion of subdivision improvements, to the subdivider. In the event of a
2O
deficiency the subdivider shall on thirty (30) days written notice from the City pay the City
the full amount of any such deficiency.
After the expiration of one (1) year from the date of final acceptance by the City,
the City shall disburse any excess funds remaining in that portion of the above account
allocated to the guarantee within thirty (30) days of written notice from the City, pay to
the City the amount of deficiency.
5. The subdivider agrees that in the event there was a deficiency in regard to either
the completion of the improvements or the guarantee, which continues after the thirty (30)
day written notice from the City, the city shall be entitled to a lien on the subdivider's
property for any deficiency balance then remaining. The property to which this lien shall
apply is legally described as set forth on Exhibit A attached to the amoum of the
deficiency, all attorney's fees and costs which may be incurred by the City in the collection
of said sum. __
In addition, the City shall have any and all remedies provided at law or in equity.
In any action other than the foreclosure of the above referred to lien the City shall also be
entitled to all costs and attorney's fees incurred in the collection of said sum.
6. The cash account established under this Agreement shall be established in the name
of the City alone and only the city will have the right to withdraw funds from the account
until such time as the accoum is formally released by the City pursuant to a written
instrument to that effect, the cash shall be delivered to and held in custody of the City
Finance Director.
7. If the subdivider abandons the final plat approval and submits an affidavit to the
City Finance Director indicating such abandonment and certif3~g that the final plat will
not be recorded, the subdivider may obtain the release of all funds then remaining, which
are being held by the City pursuant to this agreement.
8. Any notice required to be given hereunder shall be given by personal delivery, by
registered mail, or be registered expedited service at the addressees as specified below, or
at such other addresses as may be specified in writing by the parties hereto, and any such
notice shall be deemed received on the date of delivery.
As to City: City of Delray Beach
City Engineer
434 So. Swinton Avenue
Dekay Beach, Florida 33~.~.~
As to Subdivider:
21
WITNESS: SUBDIVIDER
By:
(Name printed or typed) (Name printed or typed)
(Address) (Address)
CITY OF DELRAY BEACH
(Name printed or typed)
(Address)
ATTEST: __
City Clerk
Approved as to legal sut'fieiency and form:
City Attorney
STATE OF (SEAL)
COUNTY OF
The foregoing instrument was acknowledged before me this ~ day of
, by (name
of person acknowledged), who is personally known to me or has produced
(type of identification) as identification and who did (did
noO take an oath.
Signature of Person Taking Acknowledgment
Name of Acknowledger Typed, Printed or
Stamped
Title or Rank
Serial Number, if any
22
STATE OF (SEAL)
COUNTY OF
The foregoing instrument was acknowledged before me this ~ day of
by (name
of officer or agent, title of officer or agem),of (name
of corporation acknowledging), a (state or place of incorporation)
corporation, on behalf of the corporation. He/She is personally known to me or has
produced .(type of identification) as
identification and did (did not) take an oath.
Signature of Person Taking Acknowledgment
Name of Acknowledger Typed, Printed or
Stamped
Title or Rank
Serial Number, if any
23
IRREVOCABLE LETTER OF CREDIT
Date:
City of Dekay Beach
100 N.W. Ist Avenue
Dekay Beach, Florida 33444
Dear Sirs:
We hereby establish our Irrevocable Letter of Credit No. in your favor in the
amount of , ($. ) for the account of
available by your draits drawn at sight on
accompanied by:
Written demand signed by the City Manager and Engineer of the City of Delray Beach,
Florida.
This credk expires on
We confirm this credit and hereby engage that drafts drawn in conformity with the terms
of this credit will be duly honored on presentation.
Sincerely,
NalTle
Title
24
INSTRUCTIONS FOR PERFORMANCE BOND SUBMITTAL
1. Bond company must have a resident agent in Palm Beach County, Florida.
2. On Bond Company stationary please provide the name, address, and phone
number of the agent.
3. If changes to the bond format are requested please contact the City Attorney's
office. The phone number is (407) 243-7091. Susan Ruby is the City Attorney.
4. Any other questions please contact Dan Beatty at (407) 243-7341.
25
CONTRACT BOND COVERING PERFORMANCE
AND PAYMENT OF LABOR AND MATERIAL
KI~TOW ALL MEN BY TI-IESE PRESENTS, that we the undersigned
(hereinafter called the "Principal") a corporation-
partnership or individual duly authorized by law to do business as construction contractor
in the State of Florida and of
(hereinafter called the Surety), a corporation
duly organized, licensed and/or registered to engage in the Surety business and enter into
agreements of surety in the State of Florida with a resident agent in Palm Beach County,
Florida, are jointly and severally held and firmly bound one and the other unto the City of
Delray Beach, Florida, (hereinafter called the "Obligee") in the penal sum of
Dollars ($ )
lawful money of the United States, for the payment of which well and truly to be made
unto said Obligee, we bind ourselves, our heirs, personal representatives, su_c_cessors, and
assigns, jointly and severally, firmly by these presents as follows:
WHEREAS, Principal an Obligee entered into a written contract dated the __
day of ,19 , concerning work in connection with
which is or may be attached hereto and is hereby referred
to and made a part hereof.
NOW, THEREFORE, TIlE CONDITION OF TI-IlS OBLIGATION IS THAT if
Principal shall faithfully and properly perform the foregoing contract according to all the
items thereof~ and shall indemnify and save harmless the said Obligee against or from all
losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, to
which the said Obligee may be subjected by reason of any wrongdoing misconduct, want
of care or skill, negligence or default, including patent infringement on the part of the
Principal, his agent or employees, and promptly makes payments to all claimants, as
defined in Section 255.05(1), Florida Statues, supplying Principal with labor, materials, or
supplies, used directly or indirectly by Principal in the prosecution of the work provided
for in the contract, then this obligation is void, otherwise is to remain in full force and
effect; provided, however, this bond is executed by the Surety, upon the following express
conditions, which shall be precedent to the right of recovery hereunder.
1. The said work for has been completed in conformance
with the City of Dekay Beach Subdivision regulations as approved and inspected by the
City of Delray Beach.
2. If the Contract provides for a guarantee of the work, this bond does not apply to,
nor cover, any such guarantee which exceeds one (1) year even though such guarantee is
specified in the Contract, unless Surety specifically agrees in writing, that the bond shall be
extended to cover such guarantee.
26
3. Obligee shall notify the Surety by letter of any.breach of said Contract, including
failure to pay labor or material bills when due, within a reasonable time a~er such breach
shall have come to Obligee's attention.
4. No action, suit or preceding shall be had or maintained against the Surety on this
instrument unless the same be brought or instituted and process served upon the Surety
within eighteen months after completion of the work mentioned in said contract, whether
such work be completed by the principal, Surety, Owner, but if there is any maintenance
period provided in the contract for which said Surety is liable, an action for maintenance
may be brought within eighteen months fi.om the expiration of the maintenance period, but
not afterwards.
5. Any payment or payments made under this bond shall reduce the amount of the
bond to the extend of such payment or payments.
The said Surety, for the value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the agreement or to the
work to be performed thereunder or the specifications accompanying the same, shall in
any wise affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alteration, or addition to the terms of the agreement or to the work, or
to the specifications.
The undersigned principal and Surety do further hereby covenant, consent and
yield to the jurisdiction of the State civil courts of Palm Beach County, State of Florida,
and shall assure all undertaking under said Agreement or contract, and shall assure and
protect all laborers and fumishers of material on said work both as required by applicable
law.
IN TESTIMONY WHEREOF, the parties hereunto have caused the execution
hereof in four (4) original counterparts as of the day of
19
Principal
Sy.
Surety
27
ATTEST:
By: (SEAL)
Approved as to form:
City Attorney
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, (name of person acknowledged), who is personally known
to me or has produced
(type of identification) as identification and who did (did no) take an oath.
Signature of Person Taking Acknowledgment
Name of Acknowledger Typed, Printed or
Stamped
Title or Rank
Serial Number, if any
28
STATE OF (SEAL)
COUNTY OF
The foregoing instrument was acknowledged before me this ~ day of
, by (name
of officer or agent, title of officer or agent),of (name
of corporation acknowledging), a .(state or place of incorporation)
corporation, on behalf of the corporation. He/She is personally known to me or has
produced identification (type of identification)
as identification and did (did not) take an oath.
Signature of Person Taking Acknowledgment
Name of Acknowledger Typed, Printed or
Stamped
Title or Rank
Serial Number, if any
29
DELRAY BEACH CODE OF ORDINANCES SECTION 52.39
CITY OF DELRAY BEACH
ENVIRONMENTAL SERVICES DEPARTMENT
PLAN REVIEW FEE
PROJECT INSPECTION FEE UTILITY STANDARDS FEE
A. PROJECT PLAN REVIEW FEE A one-time fee of 2.0% of the estimated
project cost will be charged to the Applicants, but not less than $25.00. Plans will not be
reviewed until full payment is made. Attach a cost estimate with accurate quantifies for
approval and fee determination.
Fee $
441-0000-343-63.00
B. PRO3'ECT INSPECTION FEE The Inspection Fee will be charged to the
applicant and will be calculated as Construction Cost X 3.0% but in no case less than
$25.00. In addition, Inspection[s] conducted at limes other than normal working times
will be billed to the Applicant at the Overtime rate of $40.00 per hour per Inspection.
Overtime Fees will be billed to the Applicant periodically..All fees shall be paid before the
permit is issued. Reinspections will be at the standard hourly rate. Attach a cost estimate
with accurate quantities for approval and fee determination.
Fee $
441-0000-343-64.00
C. UTILrI~ STANDARDS BOOK The charge for the minimum construction
standards book is $25.00.
Charge $
441-0000-343-65.00
Sales Tax $
441-0000-208-11.00
Applicant Address
Phone
Project Name Location
Applicant's Signature Date
Approved Signature Date
3O
ENGINEER'S CERTIFICATE OF COMPLETION
As a registered professional engineer in the State of Florida, to the best of my knowledge,
information, and belief~ it is my professional opinion that the subdivision required
improvements for (plat name) based on field reviews under my
responsible charge, have been constructed in substantial accordance with the approved
construction plans and the Land Development Regulations of'The City of Delray Beach,
Florida, in effect on the date of plan approval. Attached, as itemized below, are copies of
measurements, tests and reports made on the work and materials during the progress of
construction, along with a Record Dr'awing copy of each of the construction plans on a
high quality, time-stable, reproducible mylar, showing the original design in comparison to
the actual finished work with all material deviations noted thereon. In my professional
opinion, the deviations, if any, noted will not impair the intended functioning of the
required improvement. Attachments to this completion statement are as fo_ll_ows:
(Reports, measurements, test results, reproducible mylars and sealed record drawing prints
shall be listed, and submitted with the certification.)
(signature) Dated: (Seal)
Address:
31
RELEASE OF WATER AND SEWER
Subject: ACCEPTANCE OF FACILITIES
Please be advised that we have approved the water distribution and/or wastewater
collection systems, for the project known as:
in accordance with the plans, specifications for acceptance by Department of Health &
Rehabilitative Services/Palm Beach County Health Department.
The twelve (12) month warranty period will begin with completion of site improvements,
final certification by the En 'gmeer-of-Record and final acceptance by the City of Delray
Beach Engineering Department.
Sincerely,
Water Permit No.
Sewer Permit No.
William H. Greenwood
Director of Environmental Services
WHG/ng
cc: Engineer-of Record
City Fire Department
City Building Department
Water/Sewer Network
Department of]Environmcn~m] Services
32
MEMORANDUM
TO: John Walker, Project Coordinator
FROM: Alison MacGregor Harty, City Clerk~l~
SUBJECT: LDRAMENDMENT RE PLATTING REOUIREMENTS AND PROCEDURES
DATE: May 19, 1995
Please advise status of the revisions to the above referenced
ordinance.
Regarding the change to have the City Clerk's office do the plat
recording rather than the applicant. The change in procedure is
fine. However, please verify that I am correct in my reading of
the ordinance that the applicant will submit a check to cover the
cost of recording, payable to Palm Beach County, to the City
Engineer. When the plat is ready to be released, the City Engineer
will forward it, along with the check, to the City Clerk's office
for recording.
Again, please let me know when the ordinance should be scheduled
for Commission consideration. Thank you.
AMH/m
cc: Diane Dominguez, Director of Planning & Zoning
Steve Taylor, Planner
Dan Beatty, City Engineer
MEMORANDUM
To: Alison MacGregor Harty
City Clerk
From: Steven E. Tayl~or,~.~\~
Planner
Date: May 22, 1995
Re: Subdivision Requirements and Procedures LDR Amendment
Requested changes by the City Manager to the above referenced ordinance have been
completed and submitted for his review. We await the manager's comments before moving
forward.
Regarding recording of plats, you are correct in your reading of the ordinance that the applicant
will submit the applicable recording fee to the City Engineer, who will forward the fee to the
City Clerk when the plat is ready to be recorded.
cc: Diane Dominguez, Director of Planning and Zoning
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM ~ lO. ~- MEETING OF SEPTEMBER 5. 1995 :
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO, 46-95
(PLATTING REOUIREMENTS AND PROCEDURES)
AND
ADOPTION OF STANDARD SUBDIVISION FORMS
DATE: SEPTEMBER 1, 1995
This is second reading and public hearing for Ordinance No. 46-95
which amends the Land Development Regulations relative to platting
requirements and procedures. The intent is to correct problems
concerning interpretations and application.
The Planning and Zoning Board formally reviewed this amendment on
April 17, 1995, and voted 5 to 0 to recommend that it be adopted.
At first reading on August 8, 1995, the Commission passed the
ordinance by a vote of 4 to 0.
In addition, to assist applicants in the preparation of plats and
agreements for subdivision improvements, staff has developed a
uniform set of "Standard Subdivision Forms" These standardized
forms are attached and should be adopted as a separate item.
Recommend approval of Ordinance No. 46-95 on second and final
reading and, by separate motion, adoption of the Standard
Subdivision Forms.
ref:agmemo17
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY lvlJ~AGER~t~
SUBJECT: AGENDA ITEM # I~ k-- - MEETING OF AUGUST~, 1995
ORDINANCE NO. 46-95
DATE: JULY 28, 1995
This is first reading of Ordinance No. 46-95 amending the Land
Development Regulations regarding platting requirements and
procedures.
The proposed amendments to the LDR regulations regarding platting
are intended to correct problems related to interpretations and
application. The suggested amendments will maintain the benefits
of platting, while providing relief to unnecessary and burdensome
regulations. In addition, to assist applicants in the prepara-
tion of plats and required procedures such as bonding, staff has
developed standards for the form and format of plats, financial
guarantees, inspection fees, and project completion items.
The Planning and Zoning Board formally reviewed this item on
April 17, 1995, and recommended approval by a 5 to 0 vote.
Recommend approval of Ordinance No. 46-95 on first reading. If
passed, public hearing on August 15, 1995.
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THROUGH: DIANE DOMINGUEZ/J)IP~TOR OF PLANNING & ZONING
FROM: ~OHN WALKER, PROJECT COORDINATOR
SUBJECT: MEETING OF AUGUST 1, 1995
AMENDMENT TO LDR SECTIONS 2.4.3(H), 2.4.3(K), 2.4.4(E). 2.4.5(L).
2.4.9(C), 2.4.10. 5.1 and 5.2, REGARDING PLATTING REQUIREMENTS
AND PROCEDURES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of adoption of amendments to the Land
Development Regulations (LDR) relative to platting.
BACKGROUND:
The proposed amendments to the LDR regulations regarding platting are intended to
correct problems related to interpretations, and application. Several deficiencies are
noted in the existing regulations:
* There are insufficient exemptions to the requirement for platting of small
projects.
* The purpose and requirements for platting are insufficiently explained.
* Clearer descriptions of the procedures for plat recordation, financial guarantees
and the format of plats are needed.
* An expiration date for approved but unrecorded plats is needed.
To correct the deficiencies, several revisions are suggested to the LDRs as shown in the
attachment in strike-through (deletion) and underline (addition) form. These suggested
amendments will maintain the benefits of platting, while providing relief to unnecessary
and burdensome regulations. In addition, to assist applicants in the preparation of plats
and required procedures such as bonding, staff has developed standards for the form and
format of plats, financial guarantees, inspection fees, and project completion items.
City Commission Documentation
Amendment to LDR Sections Regarding Platting Requirements and
Procedures
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at a public hearing on
April 17, 1995. No public testimony was received. The Board voted unanimously (5-0)
to recommend approval of the LDR text amendments.
RECOMMENDED ACTION:
By motion, adopt the LDR text amendments within the attachment.
TSADVANCED\SUB5
RECOMMENDED CHANGES TO THE SUBDIVISION REGULATIONS
[2.4.S(H)l
(H) Submission CPlattin~) Items:
A preliminary or final plat shall contain the items identified in the following subsections. All
plats shall be drawn at a scale of 1"=20' or 1"=30. unless a different scale is allowed, in advance,
by the City Engineer. All plats shall be drawn on a sheet which is 24" by 36".
(1) The Preliminary Plat: A preliminary plat shall be clearly titled
"Preliminary Plat". It must encompass all of the land which is under the legal description
contained in the warranty deed(s) and shall show the following information:
(a) Items 1-5, 6-9, 20, and 21 o£ the Standard Plan Items listed in
Section 2.4.3(B).
(b) The name and location of adjacent subdivisions and lots.
(c) All existing easements (recorded or apparent) and existing
(internal) property or lot lines along with notations as to the
purpose of the easements and reference of their recording
instrument. Existing easements and lot lines which arc to be
removed, abandoned, or relocated shall be shown in dashed lines.
(d) The proposed boundary lines of new lots and tracts and
easements. All such lines shall be dimensioned and the purpose of
easement and of restricted use lots and tracts shall be identified.
(e) All streets shall show proposed street names.
(f) The proposed location of street trees shall be shown if the
subdivision is not associated with a site plan or landscape plan
submission. A separate exhibit shall show street tree
specifications and planting details. For small subdivisions, the
street tree plan may be submitted in the form of a narrative.
(g) The proposed location of street lights shall be shown if the
subdivision is not associated with a site plan or landscape plan
submission. A separate exhibit which identifies the type of street
lights and the responsibility for installation and maintenance shall
be provided.
(h) If all of the land is not to be subdivided into individual lots but
retained in a future development tract, the preliminary plat must
show the general location of the anticipated street pattern, routing
of utilities, points of access, and the proposed use for such tracts.
Page 1
(i) A dedication statement shall be provided;.,,,,~,,,, ~- ......... it ..,~.~,,~'t ..~m g~
............... v,~ s ...... The dedication shall be in the format
shown in ~ the City Subdivision Fores. Variations
can be made to accommodate unusual situations; however, such
variations must be first agreed to by the City Engineer. When the
dedication statement provides for common areas, a separate
narrative is to be provided which describes the proposed method
of omership and maimenance.
O) A signature u~.~.~., ~hall be ..... :a~. ..~u ......... .~.~., ·
v ....... , :t need not 5e
............... v .............. s nature block shall be provided in
the fo~at shown in ~ the City Subdivision Fo~s.
Page 2
(2) A Final Plat shall be drawn at a scale of 1":20' or 1":30'.
Individual sheets, their size, marginal lines, and other drafting considerations shall
comply with requirements of Palm Beach County for the recordation of plats.
Where the final plat requires more than one sheet, each sheet shall be keyed to a
master map. The final plat shall show the following:
(a) A map showing the location of the subdivision with respect to
Section or Government lot lines.
(b) A title block as provided on the preliminary plat.
(c) Boundary lines drawn in compliance with F.S. 177, Land
Boundaries.
(d) The accurate location material of all permanent reference
monuments.
(e) The exact layout, including street and alley lines, street names,
bearing angles of intersection and widths (including widths along
the lines of any obliquely intersecting street), lengths of arcs and
radii, points of curvature and tangent beatings, all easements or
rights-of-way where provided; all lot lines with dimensions in feet
and hundredths and with bearings or angles o~ i_f other than right
angles to the street or alley lines.
(f) Lots numbered in numerical sequence beginning with number one in
each block, and blocks numbered in numerical order or lettered in
alphabetical order.
(g) The accurate identification of all property which is to be dedicated
or reserved for public use including open drainage courses and
easements, and all property that may be reserved by covenants in
deeds for the common use of the property owners in the subdivision
with the purposes indicated thereon.
(h) Mortgagee statements of consent, in the format provided in the City
Subdivision Forms.
(i) Title Certification by an attorney-at-law or title company, in the
format provided in the City Subdivision Forms.
(j) Standard Dedication Statement,, in the format provided in the City
Subdivision Forms.
Page 3
(k) Standard Signature Block, in the format provided in the City
Subdivision Forms.
(1) Surveyors Certificate attesting to the accuracy of the survey and the
placement of permanent reference monuments, in the format
provided in the City Subdivision Forms.
(m) Name of the subdivision centered at the top of the page and a north
arrow with scale.
(I) Additional Information: Additional information may be
required as deemed necessary or appropriate in order to adequately
evaluate the development proposal. Also, additional information as
required pursuant to a specific type of development application as
further described in Section 2.4.5 shall be provided as a part of an
initial submittal.
12.4.3(K)1
(K) Fees: Processing fees shall be collected for development
applications. The fees shall be as established herein and as modified
by ordinance of the City Commission. ~.,:~,~
(1) Development Applications: Fee~ ar, r,c, ci-~ed w:~th The
following fees shall be charged for development applications are
.~_~;~.~.~ ....+~._ c~.n .... ;.~. All fees are cumulative and separate
unless otherwise indicated. Combined applications shall provide
multiple fees.
(a) Comprehensive Plan Amendment $1,000
(b) Review of a ADA/DRI $1,000
(c) Voluntary Annexation with Zoning $1,000
(d) Rezoning of Land $ 900
(e) Modification of a SAD Ordinance to
add ause or uses $ 450
(f) Conditional Uses, New application $ 450
Modification requiring Board Review $ 200
Modification with Administrative Review $ 50
Page 4
(g) Master Plans $ 500 (1)
(h) Formal review of a Sketch Plan $ 500
[Section 2.4. I(B)]
(i) RESERVED D~
(j) Site Plan Review, New application $ 500 (1)
(includes landscaping plans and
architectural elevations)
Modification requiring Board Review $ 500
Modification with Administrative Review $ 50
(k) Extension requests for a previously
approved conditional use or site plan
(only one fee is required if both items
are being extended for one project)
-- project has commenced construction $ 150
-- no construction $ 500
(1) Plats
Boundary Plat or Minor Subdivision $ 300
Preliminary Subdivision Plat $ 500 (1)
Final Subdivision Plat $1,000
Combined Preliminary & Final Plat $1,000 (1)
Plat Recording Fee (3)
(m) Abandonments
Right-of-way $ 500
General Easements $ 200
Specific Easements $ 50
(n) Master Sign Program $ 100
(o) Variance through the Board of Adjustment
or the Historic Preservation Board $ 150
(p) Formal interpretation by the Board of
Adjustment $ 25
(q) Certificate of Appropriateness by Board (2)$ 25
(r) Certificate of Appropriateness Administrator $ -0-
(s) Request for Historic Designation $ 25
(t) Hearing before the Board of Construction
Appeals (per item) $ 25
Page 5
(u) Temporary Use Request involving City
Commission action $ 100
(v) Water Service Agreement Request
-- without concurrent site plan $ 100
-- with concurrent site plan $ -0-
NOTES:
(1) Plus an aAdditional fee of $100 per acre, or any fraction thereof, beginning at 5.01
acres,,.,.,,-~'~ ,..j .... c.,.~.:,,~.. ,,,~,,,...~,,.,,.,~,,.,,- up to a maximum of $3,000 per project.
(2) This fee shall be credited against any other processing fee which may be applicable
to the request.
(3) $30.00 for the first sheet of the plat, plus $15.00 for each additional sheet, or as
modified from time to time by Palm Beach County, payable to Palm Beach
County.
(2) Plan Check Fees: Plan Check fees are required for a project
whose proposed construction exceeds $20,000 and when building plans are
required by Section 105.3 of the Building Code. [Amd. Ord. 20-91 2/26/911
(a) The Plan Check fee shall be paid when building plans are submitted
to apply c~,~. ..... ',vv..,','-,'..u""*;"" for the applicable permit. The fee shall be
equal to one-half (1/2) of the building permit fee [see item (3)(h)].
This Plan Check fee shall be credited to the cost of the applicable
permit at its time of issuance.
(b) A Change to Plans or Shop Drawings Fee of $15 for the first sheet
plus $1.00 per each additional sheet shall be charged for any Plans
not submitted with the original permit application.
12.4.4(E)1
(E) Expiration of Approvals:
(1) Prior Approvals: Any development application
approved prior to the adoption of these Land Development
Regulations shall be handled pursuant to Section 1.2.2.
(2) Conditional Uses~ Site Pians, Landscaping Plans,
Architectural Pians~ Preliminary Subdivision Plats: The
following shall apply to development applications approved
subsequent to October 1, 1990. Upon approval, or approval subject
to conditions, by the granting body, said action shall be valid for a
period of eighteen (18) months, unless a different period is
Page 6
specifically stated in conditions of approval. During this approval
period, the project shall be established pursuant to 2.4.4(D). This
Subsection also applies to any extensions which may be granted to
a previous approval.
(3) Certificates of Appropriateness~ Relief from
Parking Requirements~ Waivers, Adjustments: and similar
approvals which are associated with a specific development
application shall remain valid for the same period as said
development application. These approvals do not run with the land
nor are they transferable to another development proposal.
(4) Abandonments~ Final Plats, Variances: are final
actions which run with the land. However:_;
Once approved by the City Commission, the final plat must be
recorded within eighteen (18) months. If the final plat is not
recorded within eighteen (18) months, the approval expires.
A final plat may be vacated by action of the City Commission [See
Section 2.4.5(L) (Jo-)].
[2.4.5(L)1
(L)..,,........,,..onJ~'~:~'~+:"-' +~.,, Vacation of Recorded Plats:
(1) Rules:
Page 7
(a) Vacation: A plat, or any part of a plat, may be vacated by the
owner of the land at any time prior to the sale of any lot therein provided that the vacating is
approved by the City Commission. When lots have been sold, a plat may be vacated only if all the
property owners join in written execution of such in writing.
(2) Required Information: The following information must be submitted in
order to ~a;a' or vacate a recorded plat:
* Proof of ownership pursuant to 2.4.3(A)(3)
* A certified copy of the plat which is to be modified-~ vacated
* A petition, by letter, stating the action which is sought and the basis
therefore
* The legal instrument which is to effectuate the mc, d;,~catic, n
vacation. In *~' ..... of ~ ~;~'~';~'~ ~ c .... ... ~ ....
(3) Procedures: A request for moflificat:.on or vacation of a recorded plat
shall be accomplished in the following manner:
(a) Submission of required information received and certified as being
complete
(b) Review by the Planning and Zoning Board with respect to
appropriateness of the proposed action and its implications on the
public's rights in any of its public uses, improvements, streets, etc.
(c) Review of the proposed legal instrument which will effect the
mo~:~ficat:~on or vacation with respect to form by the City Attorney.
(d) Consideration by the City Commission at which time the request
may be approved or denied.
(e) Reeor-datio~ Recording of the legal instrument pursuant to
procedures as set forth by the City Clerk.
(4) Conditions: A mod~.fic"M;.on or vacation instrument may not be
conditionally approved; however, said instrument may contain provisions which require the
applicant to mitigate adverse ;-*~;~':^~...,v..,~,,,,,,,~o impacts associated with the ~^a:~:~,:^_~.,,,,,~,~,,,,,,,, c,r vacation.
Page 8
(5) Findimts: Prior to approving a ,~,,,~;c.,.~+;,,. +,,
.................. or vacation of a recorded
plat, the City Commission must find that the abandonment of any affected public interest which
had been created by the plat or any public improvement which was to have been provided in
implementation of the plat, but which would not now be required, shall not have a significantly
adverse impact upon the City's ability to obtain, retain, or maintain public facilities or tests of
concurrency.
I2.4.9(c)1
(C) ~ Recording of Plats:
(1) Financial Guarantee Required: Upon approval of the final plat for a
subdivision, a reproducible mylar of the plat shall be executed by the Mayor and other appropriate
officials. The signed mylar shall be retained by the City Engineer until the recording fee (2.4.3K)
and a financial guarantee (2.4.10) for the installation and/or warranty of public improvements has
been filed.
(2) A-~:~-+,o D ...... :~.m+.. +,. ~ .... a Plat geeo~/~tion Recording: Upon
release by the City Engineer, the City_ Clerk av~,..,,,,,,,"-~:~+ x,-,t ...... ,,~,,,,,,j+~ shall cause the final plat to be
recorded in the public records. The ~-~;~"+ ~'~" +u ....... :a~ +u~ r,;+., t-~.~...,;+u +.~., ~ ;~ ^c
+~,.~ ~:~.~.~ _~+ ~..~.~ _,;+h ;+ ......a~+: ......,.~ Building permits shall not be issued for
structures until such time as the plat has been recorded, cop~es of +~' ...... ,~a ..~.+ [ .... ~..~.,
(D) Ot~er R~.=ordat';o= Recording Other Documents: Whenever documents are to
be recorded as a condition of approval, the applicant is responsible for recordation and providing
certified copies of the recorded document to the City Clerk in a number as prescribed by the
Clerk. Recordation of official City documents (e.g. a Resolution of Abandonment of an
Easement) shall be made under the auspices of the City Clerk.
[2.4.1Ol
Section 2.4.10 Financial Guarantees: This Section sets forth the parameters and procedure
associated with providing a financial guarantee to insure the timely and proper installation of
public improvements which are required to support the proposed development.
(A) Items Which Require a Financial Guarantee: Any improvement for which the
City will assume responsibility or which is necessary to adequately provide service to, or on, a site
shall have provisions for guaranteeing its installation and that it properly functions. Such
improvements include, but are not limited to:
* Water mains and fire hydrants
* Sewer mains and lift stations
* Drainage systems whether publicly or privately maintained
* Street improvements whether on public or private street systems
* Street lighting
Page 9
* Traffic signal installation
* Any improvement which is to be located in a public right-of-way
* Street trees
* Landscaping pursuant to Subsection (G)
(B) Required in-lieu of improvements: A financial guarantee may be provided in-lieu
of installation of infrastructure improvements in situations where a developer desires to have a
final plat recorded or a site plan certified prior to installation of such improvements. Such
financial guarantee must be provided to the City Engineer, in a proper form ~
(Subdivision Forms), prior to the City Engineer releasing an approved plat for ~
recording or prior to the City Engineer releasing a certified site plan to the Building Department
pursuant to the building permit approval process,
(C) Required for warrant: A financial guarantee shall be required as a part of an
agreement between the City and the developer to defray all expenses incurred by the City because
of defects in materials or workmanship used in the required improvements. The guarantee shall
be for a minimum period of one year after acceptance of the improvement. [ 172.40(B)(3)]
(D) Amount: The amount of a financial guarantee required in-lieu of improvements
shall be equal to 110% of the cost of the improvements as estimated by the developer and
concurred with by the City Engineer. A financial guarantee for a warranty not associated with an
in-lieu situation shall be for 10% of the cost of original installation.
(E) Forms: A financial guarantee may take any of the following forms. However,
each individual document must be approved by the City Attorney as to form.
(1) Surety Bond~ or other equivalent security instrument, conditioned to
secure the construction of the required improvements in a satisfactory manner within a one year
time period. The bond shall be executed by a surety company authorized to do business in Palm
Beach County. No such bond shall be acceptable unless it is enforceable by, or payable to, the
City. The surety bond shall be in the form provided in the Subdivision Forms.
(2) Deposit with the City in the form of cash, cash placed in escrow, a
cashier's check, or a certified check.
(3) Letter of Credit established with a financial institution wherein the
City has access to funds in the event it becomes necessary for the City to complete installation
and/or maintenance of the improvements. The letter of credit shall be in the form provided in the
Subdivision Forms.
Page 10
(F) Release of Funds: The City Engineer shall release all funds at the time of
acceptance of improvements with the exception of an amount of 10% which shall be retained for
a period of one year at, er acceptance of ail improvements. This amount may be used by the City
if it becomes necessary to provide for the repair or maintenance of the improvement within that
one year period. Upon request and at the time of acceptance of a specific improvement, the City
Engineer may release any funds which are provided by deposit or letter of credit to the extent that
they were provided for the improvement being accepted.
(G) Landscaping Bond:
(1) If the landscaping requirements of this Section have not been met at the
time that a Certificate of Occupancy could be granted and is requested, the owner or his agent
must post with the Building Department a bond of one hundred and ten percent (110%) covering
the costs of materials, labor and other costs incidentai to the instailation of the required
landscaping.
(2) A landscape bond will only be accepted in extreme hardships where
the landscape plant materials are not available due to drought or freeze, or similar conditions
occur that would warrant acceptance of the bond as determined by the Chief Building Official.
15.11
CHAPTER FIVE SUBDIVISION REGULATIONS
ARTICLE 5.1: GENERAL PROVISIONS
Section 5.1.1 Rule: Whenever any subdivision of land is proposed, before any contract is made
for the sale of any part thereof, and before any permit for the erection of a structure in such
proposed subdivision shall be granted, the subdividing owner (or his authorized agent) shall apply
for and secure approval of such proposed subdivision in accordance with the provisions of this
Article.
Section 5.1.2 Purpose and Intent:
The purpose of this section is to promote the public health, safety, comfort and welfare of the
City through the harmonious, orderly and progressive development of land by insuring:
(A) The establishment of standards for subdivision design which will encourage the
development of a sound and economically stable community, and the creation of healthy living
environments.
(B) The efficient, adequate and economic supply of infrastructure and services to
land developments.
Page 11
(C) The prevention of traffic hazards and the provision of safe and convenient
vehicular and pedestrian traffic circulation in land developments.
(D) The provision of public open spaces in land developments for recreational,
educational, and community facilities.
(E) Consistency with the policies and goals of the Comprehensive Plan.
(F) Site design respecting unique environmental characteristics of the site, and
preservation of such characteristics to the maximum extent possible.
(G) The establishment of standards of design and procedures for plats and replats, to
further the orderly layout and use of land, and to insure the proper legal description and
monumenting of subdivided land.
(H) Consistency with Florida State Statutes, Chapter 177.
Section 5.1.3 Applicability.:
Plat Required: A plat is required for the subdivision of any lot, tract or parcel of land; and for the
dedication, layout, opening or construction of any street, storm sewer, sanitary sewer, water
main, or other facility for public use or for the common use of building occupants. The
provisions of this section shall apply to all lands within the incorporated area of the City except as
specifically exempted.
Section 5.1.4 Exemptions:
The following are hereby exempt from the platting procedure.
(A) The proposed construction of a new building or structure occupying a previously
platted lot in its entirety, to be maintained under a single ownership, or condominium occupied by
the owner or lessees holding leases other than a divided land lease or ownership, whereupon no
additional right-of-way is required.
(B) A duplex or triplex residence on an existing street, requiring no extension of water
and sewer services.
(C) The combination or recombination of portions of platted lots where no additional lots
are created and the new lots conform to the development regulations for the applicable zoning
district in which the properties are located. A survey of the revised lot layout shall be filed with
the City Engineer.
Page 12
(D) The sale or exchange of parcels of land to or between adjoining property owners
where such sale or exchange does not create additional lots and does not reduce any lot to an area
less than the development regulations for [he applicable zoning district in which the properties are
located, and no dedication or improvements are required under this section. A survey of the
revised lot layout shall be filed with the City Engineer.
(E) Conveyance of undivided interests in previously platted lots subject to conformance
with the development regulations for the applicable zoning district in which the property is
located.
(F) Other exemptions may be granted after review and approval by the Development
Services Management Group (DSMG).
Section 5.1.5~Compliance With the Comprehensive Plan:
(A) General: No land shall be subdivided unless such subdivision and future use thereof
shall be consistent with the Future Land Use Map and policies of the Comprehensive Plan.
(B) Provision of Land for Facilities: Whenever land which is to be subdivided
embraces any part of a designated feature within an Element of the Comprehensive Plan, that
feature shall be included in the proposed subdivision. Such features shall include, but not be
limited to: streets; parks; conservation sites; sites for public schools; drainage courses; sites for
water tanks, lift stations and similar public utility facilities; and easements for water, sewer and
drainage devices.
Section 5.1.63, Compliance with Zonine Regulations:
(A) General: All subdivisions shall conform with, at least, the minimum zoning
regulations applicable to the property being subdivided i.e. a nonconforming situation cannot be
created through the act of subdivision unless a variance to such effect is approved by the Board of
Adjustment prior to action on a preliminary subdivision plat. However, conditions of approval
which require mitigation of such a situation may be affixed to the approval of final plat in-lieu of
pursuing a variance.
(B) Unbuildable Sites: Land which is found unsuited for development due to poor soil
qualities, flooding, poor drainage, or other features likely to be harmful to the health, safety, and
general welfare of future residents shall not be subdivided as a separate building site, unless
adequate methods of correction and mitigation are formulated by the subdivision guaranteed to be
be observed. However, such land may be subdivided and identified as a tract of unbuildable land.
Page 13
I:ITY OF I:IELRfiY EIEllgH
FACSIMILE 407/278-4755 Writer's D/re~t Line: (40'/) 243-7090
DELP, AY BEACH
~0o] TO: David T. Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Ci.ty Subdivision Forms
In response to your June 19, 1995 memorandum, the term for the documents now known
as "subdivision standards" could be referred to as "subdivision forms." The individual
forms do not have to be part of the LDR's. I would suggest that the Commission
approve the standard subdivision forms.
Within the LDR's, reference should be made in Section 2.4.3 to the "City subdivision
forms." There can be a statement included in Section 2.4.3(I-1), "Submission (Platting)
Items" that the "City Subdivision Forms are promulgated by the planning and zoning
department, and may be obtained upon request."
David Tolces is in the process of reviewing the forms and will provide his comments
when he returns from vacation.
cc: Diane Dominguez, Director of planning and 7oning
Alison MacGregor Harty, City Clerk
fin's.dm
DELRAY BEACH
~ i,',,~ ','J '~'¢ ~st AVENUE · DELRAY BEACH, FLORIDA 33444 - 407/243-7000
AIl-~eri~Ci~
],)~l DATE: J~e 19, 1995 [ ~ECEIVED ~
TO: Susan Ruby, City Attorney ~ ~~
FROM: David T. H~den, City Manager f .?c ~
SUBJECT: Amendment to LDR's Regarding Platting
Attached are copies of the pages from the subject amendment containing references to the
"Subdivision Standards" which I discussed with you. Also attached is a copy of the
"Subdivision Standards" themselves.
When I first reviewed this proposed amendment to the LDR's, I was concerned that
"Subdivision Standards" were being promulgated administratively at the department level
without any further staff review or action by the City Commission. However, I thought
the Standards were design or construction standards. After receiving a copy of the
Standards, I see that with one or two exceptions, they are really standard forms, all of
which are legal documents. Therefore, ! think they should not be promulgated without
review by the City Attorney's office.
Please advise me on the following issues:
1. In view of what these "Subdivision Standards" in fact are, what would be a more
appropriate title?
2. Should these "Subdivision Standards" be a separate document, or should they be
included in the LDR's, perhaps as an exhibit or an appendix?
3. Should these "Subdivision Standards" be administratively promulgated or should they
be adopted by the Commission, either by ordinance or resolution?
4. Based on the answers to questions #1,2,3, how should these "Subdivision Standards"
be referenced in the LDR's themselves?
DTH/mld
cc: John Walker (w/o attachments)
Diane Dominguez (w/o attachments)
Alison Harty (w/o attachments)
THE EFFORT ALWAYS MATTERS
(~ Printed on Recycled Paper
MEMO ~on~
CITY MANAGER'S OFFICE
To: ~/~l'~'~_~.~ Date: ~,//~-///~"'-
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
SUBJECT: MEETING OF JUNE 6, 1995
AMENDMENT TO LDR SECTIONS 2.4.3(H), 2.4.3.(~,
2.4.4(E), 2.4.5(L), 2.4.9(C), 2.4.10, 5.1 and 5.2,
REGARDING PLATTING REQUIREMENTS AND PROCEDURES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of adoption
of amendments to the Land Development Regulations (LDR)
relative to platting.
BACKGROUND:
The proposed amendments to the LDR regulations regarding
platting are intended to correct problems related to
interpretations, and application. Several deficiencies are
noted in the existing regulations:
* There are insufficient exemptions to the requirement
for platting of small projects.
* The purpose and requirements for platting are
insufficiently explained.
* Clearer descriptions of the procedures for plat
recordation, financial guarantees and the format of
plats are needed.
* An expiration date for approved but unrecorded plats
is needed.
To correct the deficiencies, several revisions are suggested to
the LDRs as shown in the attachment in strike-through (deletion)
and underline (addition) form. These suggested amendments will
maintain the benefits of platting, while providing relief to
unnecessary and burdensome regulations. In addition, to assist
applicants in the preparation of plats and required procedures
such as bonding, staff has developed standards for the form and
format of plats, financial guarantees, inspection fees, and
project completion items.
City Commission Documentation
Amendment to LDR Sections Regarding Platting Requirements and
Procedures
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at a
public hearing on April 17, 1995. No public testimony was
received. The Board voted unanimously ( 5-0 ) to recommend
approval of the LDR text amendments.
RECOMMENDED ACTION: ~
By motion, adopt the LDR text amendments within the attachment,
T: \ADVANCED\SUB5
RECOMMENDED CHANGES TO THE SUBDIVISION REGULATIONS
[2.4.3(N)]
(H) Submission (Platting) Items:
A preliminary or final plat shall contain the items identified in
the following subsections. All plats shall be drawn at a scale
of 1"=20' or 1"=30' unless a different scale is allowed, in
advance, by the City Engineer. All plats shall be drawn on a
sheet which is 24" by 36".
(1) The Preliminary Plat: A preliminary plat sha~l
be clearly titled "Preliminary Plat". It must encompass all ~f
the land which is under the legal description contained in ~e
warranty deed(s) and shall show the following information: ~..
(a) Items 1-5, 6-9, 20, and 21 of the Standard
Plan Items listed in Section 2.4.3(B).
(b) The name and location of adjacent
subdivisions and lots.
(c) All existing easements (recorded or
apparent) and existing (internal) property
or lot lines along with notations as to the
purpose of the easements and reference of
their recording instrument. Existing
easements and lot lines which are to be
removed, abandoned, or relocated shall be
shown in dashed lines.
(d) The proposed boundary lines of new lots and
tracts and easements. All such lines shall
be dimensioned and the purpose of easement
and of restricted use lots and tracts shall
be identified.
(e) All streets shall show proposed street
names.
(f) The proposed location of street trees shall
be shown if the subdivision is not
associated with a site plan or landscape
plan submission. A separate exhibit shall
show street tree specifications and planting
details. For small subdivisions, the street
tree plan may be submitted in the form of a
narrative.
Page i
(g) The proposed location of street lights shall
be shown if the subdivision is not
associated with a site plan or landscape
plan submission. A separate exhibit which
identifies the type of street lights and the
responsibility for installation and
maintenance shall be provided.
(h) If all of the land is not to be subdivided
into individual lots but retained in a
future development tract, the preliminary
plat must show the general location of the
anticipated street pattern, routing of
utilities, points of access, and t~e
proposed use for such tracts. '5.
(i) A dedication statement shall be provide~
gM~. The dedication shall be in the
format shown in Ft~ Z]613~ the City
Subdivision Standards~ as maintained by the
Environmental Services Department.
Variations can be made to accommodate
unusual situations; however, such variations
must be first agreed to by the City
Engineer. When the dedication statement
provides for common areas, a separate
narrative is to be provided which describes
the proposed method of ownership and
maintenance.
(j) A signature block shall be provided~
g~Z. The signature block shall be
provided in the format shown in
2~3~2 the City Subdivision Standards.
III ~aZ 0~ IIIIIIll alii Zg/._.~./ BY TXZ ~ZTY ¢O~ZSSZON OF TXZ CZTY
IIIIIIIIIIIIit111111111111111 a~ZS~t IIIIIIIIIIIIIIIIIIII
///////////////////////// //////////////////////////////////
Page 2
IIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIii111111111
IIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
(2) A Final Plat shall be drawn at a scale of 1":20'
or 1":30'. Individual sheets, their size, marginal lines, and
other drafting considerations shall comply with requirements of
Palm Beach County for the recordation of plats. Where the final
plat requires more than one sheet, each sheet shall be keyed to a
master map. The final plat shall show the following:
(a) A map showing the location of the subdivision
with respect to Section or Government lot
lines.
(b) A title block as provided on the preliminary
plat.
(c) Boundary lines drawn in compliance with F.S.
177, Land Boundaries.
(d) The accurate location material of all
permanent reference monuments.
(e) The exact layout, including street and alley
lines, street names, bearing angles of
intersection and widths (including widths
along the lines of any obliquely intersecting
street), lengths of arcs and radii, points of
curvature and tangent bearings, all easements
or rights-of-way where provided; all lot
lines with dimensions in feet and hundredths
and with bearings or angles ~ if other than
right angles to the street or alley lines.
(f) Lots numbered in numerical sequence beginning
with number one in each block, and blocks
numbered in numerical order or lettered in
alphabetical order.
(g) The accurate identification of all property
which is to be dedicated or reserved for
Page 3
public use including open drainage courses
and easements, and all property that may be
reserved by covenants in deeds for the common
use of the property owners in the subdivision
with the purposes indicated thereon.
(h) Mortgagee statements of consent~ in the
format provided in the City Subdivision
Standards.
(i) Title Certification by an attorney-at-law o~
title company~ in the format provided in the
City Subdivision Standards ~
(j) Standard Dedication Statement, in the form~
provided in the City Subdivision Standards."~i.
(k) Standard Signature Block, in the format
provided in the City Subdivision Standards.
(1) Surveyors Certificate attesting to the
accuracy of the survey and the placement of
permanent reference monuments~ in the format
provided in the City Subdivision Standards.
(m) Name of the subdivision centered at the top
of the page and a north arrow with scale.
(I) Additional Information: Additional information may be
required as deemed necessary or appropriate in order to
adequately evaluate the development proposal. Also, additional
information as required pursuant to a specific type of
development application as further described in Section 2.4.5
shall be provided as a part of an initial submittal.
[2.4.3(K)]
(K) Fees: Processing fees shall be collected for
development applications. The fees shall be as established
' herein and as modified by ordinance of the City Commission. _
(1) Development Applications: F~ ~~Z~ ~Z~
The followinq fees shall be charged for development applications
~ ~f~ ~ Z~ f~t~~. All fees are cumulative and
separate unless otherwise indicated· Combined applications shall
provide multiple fees.
(a) Comprehensive Plan Amendment $ 2,000
(b) Review of a ADA/DRI $ 1,000
(c) Voluntary Annexation with Zoning $ 1,000
Page 4
(d) Rezoning of Land $ 900
(e) Modification of a SAD Ordinance to
add a use or uses $ 450
(f) Conditional Uses, New application $ 450
Modification requiring Board Review $ 200
Modification with Administrative Review $ 50
(g) Master Plans $ 500 (1)
(h) Formal review of a Sketch Plan $ 500
[Section 2.4.1(B)]
(i) RESERVED BZ~K
(j) Site Plan Review, New application $ 500 (1)
(includes landscaping plans and
architectural elevations)
Modification requiring Board Review $ 500
Modification with Administrative Review $ 50
(k) Extension requests for a previously
approved conditional use or site plan
(only one fee is required if both items
are being extended for one project)
-- project has commenced construction $ 150
-- no construction $ 500
(1) Plats
Boundary Plat or Minor Subdivision $ 300
Preliminary Subdivision Plat $ 500 (1)
Final Subdivision Plat $ 1000
Combined Preliminary & Final Plat $ 1000 (1)
Plat Recording Fee (3)
(m) Abandonments
Right-of-way $ 500
General Easements $ 200
Specific Easements $ 50
(n) Master Sign Program $ 100
(o) Variance through the Board of Adjustment
or the Historic Preservation Board $ 150
(p) Formal interpretation by the Board of
Adjustment $ 25
(q) Certificate of Appropriateness by Board (2) $ 25
(r) Certificate of Appropriateness Administrator $ -0-
(s) Request for Historic Designation $ 25
Page 5
(t) Hearing before the Board of Construction
Appeals (per item) $ 25
(u) Temporary Use Request involving City
Commission action $ 100
(v) Water Service Agreement Request
-- without concurrent site plan $ 100
-- with concurrent site plan $ -0-
NOTES:
(1) Plus an a~dditional fee of $100 per acre, or any
fraction thereof, beginning at 5.01 acres, ~
f~Z~ Z~f~ up to a maximum of $3,000
project.
(2)This fee shall be credited against any other processing
fee which may be applicable to the request.
(3) $30.00 for the first sheet of the plat, plus $15.00 for
each additional sheet~ or as modified from time to time
by Palm Beach County, payable to Palm Beach County.
(2) Plan Check Fees: Plan Check fees are required for
a project whose proposed construction exceeds $20,000 and when
building plans are required by Section 105.3 of the Building
Code. [Amd. Ord. 20-91 2/26/91]
(a) The Plan Check fee shall be paid when
building plans are submitted to apply f~
~Z~Z~ for the applicable permit. The
fee shall be equal to one-half (1/2) of the
building permit fee [see item (3)(h)]. This
Plan Check fee shall be credited to the cost
of the applicable permit at its time of
issuance.
(b) A Change to Plans or Shop Drawings Fee of $15
for the first sheet plus $1.00 per each
additional sheet shall be charged for any
Plans not submitted with the original permit
application.
[2.4.4(E)]
(E) Expiration of Approvals:
(1) Prior Approvals: Any development application
approved prior to the adoption of these Land Development
Regulations shall be handled pursuant to Section 1.2.2.
Page 6
(2) Conditional Uses, Site Plans, Landscaping Plans,
.Architectural Plans, Preliminary Subdivision Plats: The
following shall apply to development applications approved
subsequent to October 1, 1990. Upon approval, or approval subject
to conditions, by the granting body, said action shall be valid
for a period of eighteen (18) months, unless a different period
is specifically stated in conditions of approval. During this
approval period, the project shall be established pursuant to
2.4.4(D). This Subsection also applies to any extensions which
may be granted to a previous approval.
(3) Certificates of Appropriateness~ Relief fro~
Parking Requlrements~ Waivers, Adjustments: and similar
approvals which are associated with a specific developme~t
application shall remain valid for the same period as sai~
development application. These approvals do not run with the
land nor are they transferable to another development proposal.
(4) Abandonments, Final Plats~ Variances: are final
actions which run with the land. However!~
(a) Once approved by the City Commission~ the
final plat must be recorded within eighteen
(18) months. If the final plat is not
recorded within eighteen (18) months, the
approval expires.
(b) A final plat may be vacated by action of the
City Commission [See Section 2.4.5(L) ~].
[2.4.5(L)]
(L) M~f~~ ~ Vacation of Recorded Plats:
(1) Rules:
Page 7
(a) Vacation: A plat, or any part of a plat, may
be vacated by the owner of the land at any time prior to the sale
of any lot therein provided that the vacating is approved by the
City Commission. When lots have been sold, a plat may be vacated
only if all the property owners join in written execution of
such in writing.
(2) Required Information: The following information
must be submitted in order to ~f~ ~ vacate a recorded plat:
* Proof of ownership pursuant to 2.4.3(A)(3)
* A certified copy of the plat which is to b9
~f~ 6~ vacated .
* A petition, by letter, stating the act~o~
which is sought and the basis therefore
* The legal instrument which is to effectuat~
the m~f~~ ~ vacation. ~ ~ ~
(3) Procedures: A request for ~Xf~Z~6~
vacation of a recorded plat shall be accomplished in the
following manner:
(a) Submission of required information received
and certified as being complete
(b) Review by the Planning and Zoning Board with
respect to appropriateness of the proposed
action and its implications on the public's
rights in any of its public uses,
improvements, streets, etc.
(c) Review of the proposed legal instrument which
will effect the ~f~Z~ ~ vacation with
respect to form by the City Attorney.
(d)Consideration by the City Commission at which
time the request may be approved or denied.
(e) R~~Z~ Recordinq of the legal instrument
pursuant to procedures as set forth by the
City Clerk.
(4) Conditions: A ~If~¢~Z~ ~ vacation instrument
may not be conditionally approved; however, said instrument may
contain provisions which require the applicant to mitigate
adverse ~Z~Z~ impacts associated with the ~f~Z~6~
vacation.
(5) Findinqs: Prior to approving ~ ~f~Z~
~ vacation of a recorded plat, the City Commission must find
that the abandonment of any affected public interest which had
Page 8
been created by the plat or any public improvement which was to
have been provided in implementation of the plat, but which would
not now be required, shall not have a significantly adverse
impact upon the City's ability to obtain, retain, or maintain
public facilities or tests of concurrency.
[2.4.9(c)]
(C) ~~~ Recording of Plats:
(1) Financial Guarantee Required: Upon approval of
the final plat for a subdivision, a reproducible mylar of th~
plat shall be executed by the Mayor and other appropriat~
officials. The signed mylar shall be retained by the Ci~
Engineer until the recording fee (2.4.3K) and a financia~
guarantee (2.4.10) for the installation and/or warranty of public
improvements has been filed.
R~~g~ Recording: Upon release by the City Engineer, the
City Clerk ~~g ~ d~Z~ shall cause the final plat to be
recorded in the public records. T~ ~Z~g ~ZI Z~
~6~ZX6~ ~gflf~ff~ Building permits shall not be issued for
structures until such time as the plat has been recorded.
(D) ~Z~ R~~ZZ~ Recording Other Documents: Whenever
documents are to be recorded as a condition of approval, the
applicant is responsible for recordation and providing certified
copies of the recorded document to the City Clerk in a number as
prescribed by the Clerk. Recordation of official City documents
(e.g. a Resolution of Abandonment of an Easement) shall be made
under the auspices of the City Clerk.
[2.4.10]
Section 2.4.10 Financial Guarantees: This Section sets forth
· the parameters and procedure associated with providing a _
financial guarantee to insure the timely and proper installation
of public improvements which are required to support the proposed
development.
(A) Items Which Require a Financial Guarantee: Any
improvement for which the City will assume responsibility or
which is necessary to adequately provide service to, or on, a
site shall have provisions for guaranteeing its installation and
that it properly functions. Such improvements include, but are
not limited to:
* Water mains and fire hydrants
* Sewer mains and lift stations
Page 9
* Drainage systems whether publicly or privately
maintained
* Street improvements whether on public or private
street systems
* Street lighting
* Traffic signal installation
* Any improvement which is to be located in a public
right-of-way
* Street trees
* Landscaping pursuant to Subsection (G)
(B) Required in-lieu of improvements: A financial
guarantee may be provided in-lieu of installation
infrastructure improvements in situations where a develope~
desires to have a final plat recorded or a site plan certifie~
prior to installation of such improvements. Such financia~
guarantee must be provided to the City Engineer, in a proper form
~~Z~ ~ (Subdivision Standards), prior to the City
Engineer releasing an approved plat for ~~~ recordinq or
prior to the City Engineer releasing a certified site plan to the
Building Department pursuant to the building permit approval
process.
(C) Required for warranty: A financial guarantee shall be
required as a part of an agreement between the City and the
developer to defray all expenses incurred by the City because of
defects in materials or workmanship used in the required
improvements. The guarantee shall be for a minimum period of one
year after acceptance of the improvement. [172.40(B)(3)]
(D) Amount: The amount of a financial guarantee required
in-lieu of improvements shall be equal to 110% of the cost of the
improvements as estimated by the developer and concurred with by
the City Engineer. A financial guarantee for a warranty not
associated with an in-lieu situation shall be for 10% of the cost
of original installation.
(E) Forms: A financial guarantee may take any of the
following forms. However, each individual document must be
approved by the City Attorney as to form.
(1) Surety .Bond, or other equivalent security
instrument, conditioned to secure the construction of the
required improvements in a satisfactory manner within a one year
time period. The bond shall be executed by a surety company
authorized to do business in Palm Beach County. No such bond
shall be acceptable unless it is enforceable by, or payable to,
the City. The surety bond shall be in the form provided in the
Subdivision Standards.
(2) Deposit with the City in the form of cash, cash
placed in escrow, a cashier's check, or a certified check.
Page 10
(3) Letter of Credit established with a financial
institution wherein the City has access to funds in the event it
becomes necessary for the City to complete installation and/or
maintenance of the improvements. The letter of credit shall be
in the form provided in the Subdivision Standards.
(F) Release of Funds: The City Engineer shall release all
funds at the time of acceptance of improvements with the
exception of an amount of 10% which shall be retained for a
period of one year after acceptance of all improvements. This
amount may be used by the City if it becomes necessary to provid~
for the repair or maintenance of the improvement within that o~
year period. Upon request and at the time of acceptance of ~,~
specific improvement, the City Engineer may release any fundb
which are provided by deposit or letter of credit to the extent
that they were provided for the improvement being accepted.
(G) Landscaping Bond:
(1) If the landscaping requirements of this Section
have not been met at the time that a Certificate of Occupancy
could be granted and is requested, the owner or his agent must
post with the Building Department a bond of one hundred and ten
percent (110%) covering the costs of materials, labor and other
costs incidental to the installation of the required landscaping.
(2) A landscape bond will only be accepted in extreme
hardships where the landscape plant materials are not available
due to drought or freeze, or similar conditions occur that would
warrant acceptance of the bond as determined by the Chief
Building Official.
CHAPTER FIVE S U B D I V I S I 0 N R E G U L A T I O N S
ARTICLE 5.1: GENERAL PROVISIONS
Section 5.1.1 Rule: Whenever any subdivision of land is
proposed, before any contract is made for the sale of any part
thereof, and before any permit for the erection of a structure in
such proposed subdivision shall be granted, the subdividing owner
(or his authorized agent) shall apply for and secure approval of
such proposed subdivision in accordance with the provisions of
this Article.
Page
Section 5.1.2 Purpose and Intent:
The purpose of this section is to promote the public health,
safety,, comfort and welfare of the City through the'harmonious,
orderly and progressive development of land by insuring:
(A) The establishment of standards for subdivision design
which will encourage the development of a sound and economically
stable community, .and the creation of healthy living
environments.
(B) The efficient, adequate and economic supply
infrastructure and services to land developments.
(C) The prevention of traffic hazards and the provision ~f
safe and convenient vehicular and pedestrian traffic circulation
in land developments.
(D) The provision of public open spaces in land
developments for recreational~ educational, and community
facilities.
(E) Consistency with the policies and goals of the
Comprehensive Plan.
(F) Site design respecting unique environmental
characteristics of the site~ and preservation of such
characteristics to the maximum extent possible.
(G) The establishment of standards of design and procedures
for plats and replats~ to Surther the orderly layout and use of
land, and to insure the proper legal description and monumentin~
of.subdivided land.
(H) Consistency with Florida State Statutes, Chapter 177.
Section 5.1.3 Applicability:
Plat Required: A plat is required for the subdivision of any lot,
tract or parcel of land~ and for the dedication, layout, opening
or construction of any street, storm sewer, sanitary sewer~ water
main, or other facility for public use or for the common use of
building occupants. The provisions of this section shall apply
to all lands within the incorporated area of the City except as
specifically exempted.
Section 5.1.4 Exemptions:
The following are hereby exempt from the platting procedure.
(A) The proposed construction of a new building or
structure occupying a previously platted lot in its entirety, to
be maintained under a single ownership, or condominium occupied
Page 12
by the owner or lessees holding leases other than a divided land
lease or ownership, whereupon no additional riqht-of-way is
required.
(B) A duplex or triplex residence on an existinq streett
requirinq no extension of water and sewer services.
(C) The combination or recombination of portions of platted
lots where no additional lots are created and the new lots
conform to the development requlations for the applicable zoninq
district in which the properties are located. A survey of the
revised lot layout shall be filed with the City Enqineer. -~
(D) The sale or exchange of parcels of land to or betwe~h
adjoininq property owners where such sale or exchanqe does n ~.
create additional lots and does not reduce any lot to an area
less than the development requlations for the applicable zoninq
district in which the properties are locatedI and no dedication
or improvements are required under this section. A survey of
the revised lot layout shall be filed with the City Engineer.
(E) Conveyance of undivided interests in previously platted
lots subject to conformance with the development requlations for
the applicable zoninq district in which the property is located.
(F) Other exemptions may be qranted after review and
approval by the Development Services Management Group (DSMG).
Section 5.1.5Z Compliance With the Comprehensive Plan:
(A) General: No land shall be subdivided unless such
subdivision and future use thereof shall be consistent with the
Future Land Use Map and policies of the Comprehensive Plan.
(B) Provision of Land for Facilities: Whenever land which
is to be subdivided embraces any part of a designated feature
within an Element of the Comprehensive Plan, that feature shall
be included in the proposed subdivision. Such features shall
include, but not be limited to: streets; parks; conservation
sites; sites for public schools; drainage courses; sites for
water tanks, lift stations and similar public utility facilities;
and easements for water, sewer and drainage devices.
Section 5.1.6~ Compliance with Zoninq Regulations:
(A) General: All subdivisions shall conform with, at least,
the minimum zoning regulations applicable to the property being
subdivided i.e. a nonconforming situation cannot be created
through the act of subdivision unless a variance to such effect
is approved by the Board of Adjustment prior to action on a
preliminary subdivision plat. However, conditions of approval
which require mitigation of such a situation may be affixed to
the approval of final plat in-lieu of pursuing a variance.
Page 13
(B) Unbulldable Sites: Land which is found unsuited for
development due to poor soil qualities, flooding, poor drainage,
or other features likely to be harmful to the health, safety, and
general welfare of future residents shall not be subdivided as a
separate building site, unless adequate methods of correction and
mitigation are formulated by the subdivision guaranteed to be be
observed. However, such land may be subdivided and identified as
a tract of unbuildable land.
ARTICLE 5.2 PLATTING }:. ~;~
Section 5.2.1 Rule: Platting is the process of preparing a~
recording a plat. A "plat" is a map or delineated representatiOh
of the subdivision of land, or boundary of a property, being a
complete exact representation of the subdivision or boundary and
other information in compliance with the requirements of F.S.
Chapter 177 and these Land Development Regulations.
Section 5.2.2 Requirements:
(A) A plat shall comply with the provisions of F.S. Chapter
177, as amended.
(B) A plat submission shall contain information as set
forth in Section 2.4.3(H).
(C) A plat shall be processed pursuant to Sections
2.4.5(J), (K), or (L), as appropriate.
T: \advanced\sub2
Page 14
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: Alison McGregor Harty, City Clerk
FROM: John Walker, Project Coordinator~
DATE: April 18, 1995
SUBJECT: AMENDMENTS TO THE SUBDIVISION REGULATIONS
Attached for your review and comment are amendments proposed to
the Land Development Regulations regarding subdivisions and
platting. One of the changes affects your office.
We propose that the City Clerk do the recording of plats rather
than the current practice of the applicant recording the plat and
bringing us the recording receipt. The reason for the change is
to insure that the plat we approve is the one that gets
recorded.
Please review the amendments and give us your comments as soon
as possible. The item is scheduled for City Commission on May
2, 1995.
c: Diane Dominguez
Steve Taylor
T:\advanced\SUB4
'" ' 7 ' - ~. ,
CITY COMMISSION DOCUMENTATION
' "-" ~ ~ ~-t C!'[Y ~- .... .::":~ ,",,~,_rl¢~-:
TO: DAVID T. HARDEN,~TY MANAGER
: E~, F ANNING & ZONING
THROUGH D I AN
FROM: JOHN WALKER, PROJECT COORDINATOR~J~~
SUBJECT: MEETING OF MAY 2, 1995
AMENDMENT TO LDR SECTIONS 2.4.3(H), .2.4.3(K),
2.4.4(E), 2.4.5(L), 2.4.9(C), 2.4.10, 5.1 and 5.2,
REGARDING PLATTING REQUIREMENTS AND PROCEDURES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of adoDtion
of amendments to the Land Development Regulations (LDR)
relative to platting.
BACKGROUND:
The proposed amendments to the LDR regulations regarding
platting are intended to correct problems related to
interpretations, and application. Several deficiencies are
noted in the existing regulations:
* There are insufficient exemptions to the requirement
for platting of small projects.
* The purpose and requirements for platting are
insufficiently explained.
* Clearer descriptions of the procedures for plat
recordation, financial guarantees and the format of
plats are needed.
* An expiration date for approved but unrecorded plats
is needed.
To correct the deficiencies, several revisions are suggested to
the LDRs as shown in the attachment in strike-through (deletion)
and underline (addition) form. These suggested amendments will
maintain the benefits of platting, while providing relief to
unnecessary and burdensome regulations.
City Commission Documentation
Amendment to LDR Sections Regarding
Platting Requirements & Procedures
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at a
public hearing on April 17, 1995. No public testimony was
received. The Board voted unanimously (5-0) to recommend
approval of the LDR text amendments.
RECOMMENDED ACTION:
By motion, adopt the LDR text amendments within the attachment.
T: \ADVANCED\SUB5. DOC
PLANNING AND ZONING BOARD STAFF REPORT
MEETING OF: April 17, 1995
AGENDA ITEM: V.I. AMENDMENTS TO LDR SECTIONS 2.4.3(H),
2.4.3(K), 2.4.4(E), 2.4.5(L), 2.4.9(C), 2.4.10,
5.1, and 5.2, REGARDING PLATTING REQUIREMENTS AND
PROCEDURES
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission regarding proposed
Land Development Regulation (LDR) text amendments relative
to platting.
BACKGROUND:
The existing subdivision regulations were included as part of
the initial adoption of the LDRs on October 1, 1990. From time
to time since then, interpretation problems have arisen. For
example, applicants have had difficulty understanding the need
and procedure of portions of the platting process. In addition,
there have been problems with an equitable application of the
regulations. There is presently no relief from the requirement
to plat for such situations as the recombination of existing
lots or the sale of land between adjacent homeowners. This may
produce unnecessary plats (and expense to the applicant) without
serving a public purpose. Since these situations often occur in
the older sections of the City, the cost of such platting could
hinder redevelopment efforts.
ANALYSIS:
In response to applicant and staff concerns, an overview of the
existing LDR sections concerning platting has been conducted.
Several deficiencies are noted in the regulations:
* There are insufficient exemptions to the requirement
for platting of small projects.
* The purpose and requirements for platting is
insufficiently explained.
* Clearer descriptions of the procedures for plat
recordation, financial guarantees and the format of
plats are needed.
* An expiration date for approved but unrecorded plats
is needed.
V.Io
P&Z Board Staff Report
Amendment to the LDRs Regarding Subdivisions and Platting
Page 2
To correct the deficiencies, several revisions are suggested to
the LDRs as shown in the attachment in strike-through (deletion)
and underline (addition) form. These suggested amendments will
maintain the benefits of platting, while providing relief to
unnecessary and burdensome regulations.
RECOMMENDED ACTION:
By motion, recommend that the City Commission adopt the LDR text
amendments in this staff report and its attachment.
T: \advanced\SUB3. DOC
RECOMMENDED CHANGES TO THE SUBDIVISION REGULATIONS
[2.4.3(H)]
(H) Submission (Plattinq) Items:
A preliminary or final plat shall contain the items identified in
the following subsections. All plats shall be drawn at a scale
of 1"=20' or 1"=30' unless a different scale is allowed, in
advance, by the City Engineer. All plats shall be drawn on a
sheet which is 24" by 36".
(1) The Preliminary Plat: A preliminary plat shall
be clearly titled "Preliminary Plat". It must encompass all of
the land which is under the legal description contained in the
warranty deed(s) and shall show the following information:
(a) Items 1-5, 6-9, 20, and 21 of the Standard
Plan Items listed in Section 2.4.3(B).
(b) The name and location of adjacent
subdivisions and lots.
(c) All existing easements (recorded or
apparent) and existing (internal) property
or lot lines along with notations as to the
purpose of the easements and reference of
their recording instrument. Existing
easements and lot lines which are to be
removed, abandoned, or relocated shall be
shown in dashed lines.
(d) The proposed boundary lines of new lots and
tracts and easements. All such lines shall
be dimensioned and the purpose of easement
and of restricted use lots and tracts shall
be identified.
(e) All streets shall show proposed street
names.
(f) The proposed location of street trees shall
be shown if the subdivision is not
associated with a site plan or landscape
plan submission. A separate exhibit shall
show street tree specifications and planting
details. For small subdivisions, the street
tree plan may be submitted in the form of a
narrative.
(g) The proposed location of street lights shall
be shown if the subdivision is not
associated with a site plan or landscape
plan submission. A separate exhibit which
identifies the type of street lights and the
responsibility for installation and
maintenance shall be provided.
Page i
(h) If all of the land is not to be subdivided
into individual lots but retained in a
future development tract, the preliminary
plat must show the general location of the
anticipated street pattern, routing of
utilities, points of access, and the
proposed use for such tracts.
(i) A dedication statement shall be provide~
~6~Z. The dedication shall be in the
format shown in F~ Z~~ the City
Subdivision Standardst as maintained by the
Environmental Services Department.
Variations can be made to accommodate
unusual situations; however, such variations
must be first agreed to by the City
Engineer. When the dedication statement
provides for common areas, a separate
narrative is to be provided which describes
the proposed method of ownership and
maintenance.
(j) A signature block shall be provided~
~Z. The signature block shall be
provided in the format shown in
Z~~Z the City Subdivision Standards.
IIIIIIIIIIIIIIIIIIIIIIIII I~11111111111111111111111111111111
Page 2
(2) A ~t~ Pla~ shall be drawn at a scale of ~":20'
or 1":30'. ~ndividual sheets, their si~e, marginal li~es, and
other drafting considerations shall comply with requirements of
Palm Beach County ~or the recordation o~ plats. ~here the final
plat requires more than one sheet, each sheet shall be keyed to a
master map. ~he final plat shall show the following:
(a) ~ map showing the location of the subdivision
with respect to Section or Government lot
lines.
(b) ~ title block as provided on the preliminary
plat.
(c) Boundary lines drawn in compliance with ~.S.
177, Land Boundaries.
(d) ~he accurate location material o~ all
permanent reference monuments.
(e) ?he exact layout, including street and alley
lines, street names, bearing angles of
intersection and widths (including widths
along the lines of any obliquely intersecting
street), lengths of arcs and radii, points of
curvature and tangent bearings, all easements
or rights-of-way where provided; all lot
lines with dimensions in feet~nd hundredths
and with bearings or angles ~&~~ other than
right angles to the street or alley lines.
(f) Lots numbered in numerical sequence beginning
with number one in each block, and blocks
numbered in numerical order or lettered in
alphabetical order.
(g) The accurate identification of all property
which is to be dedicated or reserved for
public use including open drainage courses
and easements, and all property that may be
reserved by covenants in deeds for the common
use of the property owners in the subdivision
with the purposes indicated thereon.
Page
(h) Mortgagee statements of consent, in the
format provided in the City Subdivision
Standards.
(i) Title Certification by an attorney-at-law or
title company~ in the format provided in the
City Subdivision Standards.
(j) Standard Dedication Statement~ in the
format provided in the City Subdivision
Standards.
(k) Standard Signature Block~ in the
format provided in the City Subdivision
Standards.
(1) Surveyors Certificate attesting to the
accuracy of the survey and the placement of
permanent reference monuments~ in the
format provided in the City Subdivision
Standards.
(m) Name of the subdivision ~- ~red at the top
of the page a~~ - with scale.
(I) Additional Informati ~v~,~ ~c~,~'~' ~rmation may be
required as deemed ~~ ~ .~%~'~ in order to
adequately evaluate the devel¢ =~ ' so, additional
information as required pu~ fic type of
development application as fu] Section 2.4.5
shall be provided as a part of ~
[2.4.3(K)]
(K) Fees: Processing fees shall be collected for
development applications. The fees shall be as established
herein and as modified by ordinance of the City Commission.
· all es ' 'th ado~tien~o~ ~---
~ b~et--f~r-~ach~fiscal year~-, ..... ~ ~, ~.
(1) Development apDiic~tions/.'/~ees ~ '<
development applications. ' ~ollowln9. All
fees are cumulative and separate unless otherwise indicated.
Combined applications shall provide multiple fees.
(a) Comprehensive Plan Amendment $ 2,000
(b) Review of a ADA/DRI $ 1,000
(c) Voluntary Annexation with Zoning $ 1,000
(d) Rezoning of Land $ 900
(e) Modification of a SAD Ordinance to
add a use or uses $ 450
Page 4
(f) Conditional Uses, New application $ 450
Modification requiring Board Review $ 200
Modification with Administrative Review $ 50
(g) Master Plans $ 500 (1)
(h) Formal review of a Sketch Plan $ 500
[Section 2.4.1(B)]
(j) Site Plan Review, New application $ 500 (1)
(includes landscaping plans and
architectural elevations)
Modification requiring Board Review $ 500
Modification with Administrative Review $ 50
(k) Extension requests for a previously
approved conditional use or site plan
(only one fee is required if both items
are being extended for one project)
-- project has commenced construction $ 150
-- no construction $ 500
(1) Plats
Boundary Plat or Minor Subdivision $ 300
Preliminary Subdivision Plat $ 500 (1)
Final Subdivision Plat $ 1000
Combined Preliminary & Final Plat $ 1000 (1)
Plat Recording Fee (3)
(m) Abandonments
Right-of-way $ 500
General Easements $ 200
Specific Easements $ 50
(n) Master Sign Program $ 100
(o) Variance through the Board of Adjustment
or the Historic Preservation Board $ 150
(p) Formal interpretation by the Board of
Adjustment $ 25
(q) Certificate of Appropriateness by Board (2) $ 25
(r) Certificate of Appropriateness Administrator $ -0-
(s) Request for Historic Designation $ 25
(t) Hearing before the Board of Construction
Appeals (per item) $ 25
(u) Temporary Use Request involving City
Commission action $ 100
Page 5
(v) Water Service Agreement Request
-- without concurrent site plan $ 100
-- with concurrent site plan $ -0-
NOTES:
(1)~ditiona! fee of $100 p~r a~cre~beginning at 5.01
acres,~a~ any ff~{ion-~he-r~ofS,~/up to a maximum of
$3,000 per pro]~.' ~ ......
(2)This fee shall be credited against any other processing
fee which may be applicable to the request.
(3) $30.00 for the first sheet of the plat 5.00 for each
additional sheet, or as modified from time to time by
Palm Beach County, payable to Palm Beach County.
(2) Plan Check Fees: Plan Check fees are required for
a project whose proposed construction exceeds $20,000 and when
building plans are required by Section 105.3 of the Building
Code. [Amd. Ord. 20-91 2/26/91]
(a) The Plan Check fee shall be paid when
building plans are submitted ' '
for the applicable permit. The fee shall be
equal to one-half (1/2) of the building
permit fee [see item (3)(h)]. This Plan
Check fee shall be credited to the cost of
the applicable permit at its time of
issuance.
(b) A Change to Plans or Shop Drawings Fee of $15
for the first sheet plus $1.00 per each
additional sheet shall be charged for any
Plans not submitted with the original permit
application.
[2.4.4(E)]
(E) Expiration of Approvals:
(1) Prior Approvals: Any development application
approved prior to the adoption of these Land Development
Regulations shall be handled pursuant to Section 1.2.2.
(2) Conditional Uses, Site Plans, Landscaping Plans,
Architectural Plans~ Preliminary Subdivision Plats: The
following shall apply to development applications approved
subsequent to October 1, 1990. Upon approval, or approval subject
to conditions, by the granting body, said action shall be valid
for a period of eighteen (18) months, unless a different period
is specifically stated in conditions of approval. During this
approval period, the project shall be established pursuant to
2.4.4(D). This Subsection also applies to any extensions which
may be granted to a previous approval.
Page 6
(3) Certificates of Appropriateness~ Relief from
Parkinq Requirements, Waivers~ Adjustments: and similar
approvals which are associated with a specific development
application shall remain valid for the same period as said
development application. These approvals do not run with the
land nor are they transferable to another development proposal.
(4) Abandonments~ Final Plats~ Variances: are final
actions which run with the land. However!~
(a) The approval of an unrecorded final plat
shall be valid for a period of eiqhteen (18)
months~ unless a different period is
specifically stated in the conditions of
approval. Once recorded~ the approval of a
final plat is final.
(b) A final plat may be vacated by
City Commission [See Section 2.
[2.4.5(L)]
(L) M~f~~ ~ Vacation of Recorded Pla~
(1) Rules:
(a) Vacation: A plat, or any part of; y
be vacated by the owner of the land at any time prior to thb--s&le
of any lot therein provided that the vacating is approved by the
City Commission. When lots have been sold, a plat may be vacated
only if all the property owners join in written execution of
such in writing.
Page 7
(2) Required Information: The following information
must be submitted in order to ~f~ ~ vacate a recorded plat:
* Proof of ownership pursuant to 2.4 3(A)(3)
* A certified copy of the plat which is to be
~f~ ~ vacated
* A petition, by letter, stating the action
which is sought and the basis therefore
* The legal instrument which is to effectuate
the ~f~~ ~ vacation, l~ ~ ~ ~f
(3) Procedures: A request for ~f~~ 6~
vacation of a recorded plat shall be accomplished in the
following manner:
(a) Submission of required information received
and certified as being complete
(b) Review by the Planning and Zoning Board with
respect to appropriateness of the Rroposed
action and its implications on public~ rights
in any of its public uses, improvements,
streets, etc.
(c) Review of the proposed legal instrument which
will effect the ~lfl~Zl~ ~ vacation with
respect to form by the City Attorney.
(d) Consideration by the City Commission at which
time the request may be approved or denied.
(e) Record~ of the legal instrument pursuant
to procedures as set forth by the City Clerk.
(4) Conditions: A ~lfl~Zl~ ~ vacation instrument
may not be conditionally approved; however, said instrument may
contain provisions which require the applicant to mitigate
adverse imp~-~-~t~o~ associated with the ~lfl~l~ ~
vacation.
~ vacation of a recorded plat, the City ~mmission must find
that the abandonment of any affected public interest which had
been created by the plat or any public improvement which was to
have been provided in implementation of the plat, but which would
not now be required, shall not have a significantly adverse
impact upon the City's ability to obtain, retain, or maintain
public facilities or tests of concurrency.
Page 8
(C) cot of Plats:
(1) Financial Guarantee Required: Upon approval of
the final plat for a subdivision, a reproducible mylar of the
plat shall be executed by the Mayor and other appropriate
officials. The signed mylar shall be retained by the City
Engineer until the recordinq fee (2.4.3K) and a financial
guarantee (2.4.10) for the installation and/or warranty of public
improvements has been filed.
Recor Upon release by the City Engineer, the City Clerk
~~Z ~ ~Z~ shall cause the final plat to be recorded in
the public records. T~ ~Z~Z ~ZZ Z~ ~~ Z~ ~Z~
~~[~H ~~Z Building permits shall not be issued for
structures until such time as the plat has been recorded. ~~
(D) Other RecordS. Whenever documents are to be
recorded as a condition of approval, the applicant is responsible
for recor~ and providing certified copies of the recorded
document to the City Clerk in a number as prescribed by the
Clerk. Recor~ of official City documents (e.g. a Resolution
of Abandonment of an Easement) shall be made under the auspices
of the City Clerk.
[2.4.10]
Section 2.4.10 Financial Guarantees: This Section sets forth
the parameters and procedure associated with providing a
financial guarantee to insure the timely and proper installation
of public improvements which are required to support the proposed
development.
(A) Items which require a financial guarantee: Any
improvement for which the City will assume responsibility or
which is necessary to adequately provide service to, or on, a
site shall have provisions for guaranteeing its installation and
that it properly functions. Such improvements include, but are
not limited to:
* Water mains and fire hydrants
* Sewer mains and lift stations
* Drainage systems whether publicly or privately
maintained
* Street improvements whether on public or private
street systems
* Traffic signal installation ~"~ ..... '
Page 9
* Any improvement which is to be located in a public
right-of-way
* Street trees
* Landscaping pursuant to Subsection (G)
(B) Required in-lieu of improvements: A financial
guarantee may be provided in-lieu of installation of
infrastructure improvements in situations where a developer
desires to have a final plat recorded or a site plan certified
prior to installation of such improvements. Such financial
guarantee must be provided to the City Engineer, in a proper form
~S~Z~ ~(Subdivision Standards),-R~i.'or to the City Engineer
releasing an approved plat for recor~ or prior to the City
Engineer releasing a certified site plan to the Building
Department pursuant to the building permit approval process.
(C) Required for warranty: A financial guarantee shall be
required as a part of an agreement between the City and the
developer to defray all expenses incurred by the City because of
defects in materials or workmanship used in the required
improvements. The guarantee shall be for a minimum period of one
year after acceptance of the improvement. [177 ~-
(D) A~ount: The amount of a financial_.' r ~.~ lired
in-lieu of improvements shall be equal to 110~ ~%~ = the
improvements as estimated by the developer an~-~ ~h by
the City Engineer. A financial guarantee ~ ~'~ not
associated with an in-lieu situation shall be cost
of original installation.
(E) Forms: A financial guarantee may~ the
following forms. However, each individual I ' be
approved by the City Attorney as to form. ~
(1) Surety Bond, or other equivalent security
instrument, conditioned to secure the construction of the
required improvements in a satisfactory manner within a one year
time period. The bond shall be executed by a surety company
authorized to do business in Palm Beach County. No such bond
shall be acceptable unless it is enforceable by, or payable to,
the City. The surety bond shall be in the form provided in the
Subdivision Standards.
(2) Deposit with the City in the form of cash, cash
placed in escrow, a cashier's check, or a certified check.
(3) Letter of Credit established with a financial
institution wherein the City has access to funds in the event
it becomes necessary for the City to complete installation and/or
maintenance of the improvements. The letter of credit shall be
in the form provided in the Subdivision Standards.
Page 10
(F) Release of Funds: The City Engineer shall release all
funds at the time of acceptance of improvements with the
exception of an amount of 10% which shall be retained for a
period of one year after acceptance of all improvements. This
amount may be used by the City if it becomes necessary to provide
for the repair or maintenance of the improvement within that one
year period. Upon request and at the time of acceptance of a
specific improvement, the City Engineer may release any funds
which are provided by deposit or letter of credit to the extent
that they were provided for the improvement being accepted.
(G) Landscaping Bond:
(1) If the landscaping requirements of this Section
have nOt been met at the time that a Certificate of Occupancy
could be granted and is requested, the owner or his agent must
post with the Building Department a bond of one hundred and ten
percent (110%) covering the costs of materials, labor and other
costs incidental to the installation of the required landscaping.
(2) A landscape bond will only be accepted in extreme
hardships where the landscape plant materials are not available
due to drought or freeze, or similar conditions occur that would
warrant acceptance of the bond as determined by the Chief
Building Official.
[5.1]
CHAPTER FIVE S U B D I V I S I 0 N R E G U L A T I O N S
ARTICLE 5.1: GENERAL PROVISIONS
Section 5.1.1 Rule: Whenever any subdivision of land is
proposed, before any contract is made for the sale of any part
thereof, and before any permit for the erection of a structure in
such proposed subdivision shall be granted, the subdividing owner
(or his authorized agent) shall apply for and secure approval of
such proposed subdivision in accordance with the provisions of
this Article.
Section 5.1.2 Purpose and Intent:
The purpose of this section is to promote the public healtht
safety, comfort and welfare of the City throuqh the harmonious~
orderly and progressive development of land by insurinq:
Page 11
(A) The establishment of standards for subdivision design
which will encourage the development of a sound and economically
stable community, and the creation of healthy living
environments.
(B) The efficient, adequate and economic supply of
infrastructure and services to land developments.
(C) The prevention of traffic hazards and the provision of
safe and convenient vehicular and pedestrian traffic circulation
in land developments.
(D) The provision of public open spaces in land
developments for recreational, educational, and community
facilities.
(E) Consistency with the policies and goals of the
,7~j~,,v~ ~' i~ desiqn respecting unique environmental
of the site, and preservation of such
o the maximum extent possible.
ablishment of standards of design and procedures
)lats, to further the orderly layout and use of
insure the proper legal description and
monumentati°n of subdivided land.
(H) Consistency with Florida State Statutes, Chapter 177.
Section 5.1.3 Applicability:
Plat Required: A plat is required for the subdivision of any lot,
tract or parcel of land; and for the dedication, layout, opening
or construction of any street, storm sewer, sanitary sewer, water
main, or other facility for public use or for the common use of
building occupants. The provisions of this section shall apply
to all lands within the incorporated area of the City except as
specifically exempted.
Section 5.1.4 Exemptions:
The followinq are hereby exempt from the plattinq procedure.
(A) The proposed construction of a new building or
structure occupying a previously platted lot in its entirety, to
be maintained under a single ownership, or condominium occupied
by the owner or lessees holding leases other than a divided land
lease or ownership, whereupon no additional riqht-of-way is
required.
(B) A duplex or triplex residence on an existing street,
requiring no extension of water and sewer services.
Page 12
(C) The combination or recombination of portions of platted
lots where no additional lots are created and the new lots
conform to the development regulations for the applicable zoning
district in which the properties are located. A survey of the
revised lot layout shall be filed with the City Engineer.
(D) The sale or exchange of parcels of land to or between
adjoining property owners where such sale or exchange does not
create additional lots and does not reduce any lot to an area
less than the development regulations for the applicable zoning
district in which the properties are located, and no dedication
or improvements are required under this section. A survey of
the revised lot layout shall be filed with the City Engineer.
(E) Conveyance of undivided interests in previously platted
lots subject to conformance with the development regulations for
the applicable zoning district in which the property is located.
(F) Other exemptions may be granted after review and
approval by the City Engineer.
Section 5.1.5Z ( ,/ 2omprehensive Plan:
(A) Gene! [~?~ ~ be subdivided unless such
subdivision and shall be consistent with the
Future Land Use the Comprehensive Plan.
(B) Provi~ :ilities: Whenever land which
is to be subdi part of a designated feature
within an Elemenu os une ~omprenensive Plan, that feature shall
be included in the proposed subdivision. Such features shall
include, but not be limited to: streets; parks; conservation
sites; sites for public schools; drainage courses; sites for
water tanks, lift stations and similar public utility facilities;
and easements for water, sewer and drainage devices.
Section 5.1.6~ Compliance with Zoning Regulations:
(A) General: Ail subdivisions shall conform with, at least,
the minimum zoning regulations applicable to the property being
subdivided i.e. a nonconforming situation cannot be created
through the act of subdivision unless a variance to such effect
is approved by the Board of Adjustment prior to action on a
preliminary subdivision plat. However, conditions of approval
which require mitigation of such a situation may be affixed to
the approval of final plat in-lieu of pursuing a variance.
(B) Unbuildable Sites: Land which is found unsuited for
development due to poor soil qualities, flooding, poor drainage,
or other features likely to be harmful to the health, safety, and
general welfare of future residents shall not be subdivided as a
separate building site, unless adequate methods of correction and
mitigation are formulated by the subdivision guaranteed to be be
observed. However, such land may be subdivided and identified as
a tract of unbuildable land.
Page 13
ARTICLE 5.2 PLATTING
Section 5.2.1 Rule: Platting is the process of preparing and
recording a plat. A "plat" is a map or delineated representation
of the subdivision of land, or boundary of a property, being a
complete exact representation of the subdivision or boundary and
other information in compliance with the requirements of F.S.
Chapter 177 and these Land Development Regulations.
Section 5.2.2 Requirements:
(A) A plat shall comply with the provisions of F.S. Chapter
177, as amended.
(B) A plat submission shall contain information as set
forth in Section 2.4.3(H).
(C) A plat shall be processed pursuant to Sections
2.4.5(J), (K), or (L), as appropriate.
T: \advanced\sub2
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