Ord 25-07ORDINANCE NO.25-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 2.4.2, "NOTICE
REQUIREMENTS"; SECTION 2.4.3, "SUBMISSION
REQUIREMENTS", SUBSECTION 2.4.3(x), "FEES", SUB-
SUBSECTION 2.4.3(x)(1), "DEVELOPMENT APPLICATIONS",
2.4.3(I~(2), "PLAN CHECK FEES", AND 2.4.3(x)(3), "PERMIT
FEES", TO PROVIDE FOR CERTAIN COSTS TO BE PAID BY
AN APPLICANT AND TO INCREASE THE DEVELOPMENT
APPLICATION, PLAN CHECK FEES AND PERMIT FEES
CHARGED; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on July 16, 2007, and voted 4 to 0 to recommend
that the changes be approved; 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 goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds- the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 2.4.2, "Notice Requirements", of the Land Development
Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, be and the same is
hereby amended to read as follows:
Section 2.4.2 Notice Requirements: The City Commission, the Planning and Zoning Board, and
other Boards which are involved with the implementation of these Land Development Regulations
shall conduct meetings and shall provide public notice of their tentative actions pursuant to this
~~
,~
Section. All costs incurred by the City for advertising, providing notice and recordin of any
documents shall be paid by the Applicant
Section 3. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(I~, "Fees",
Sub-subsection 2.4.3(x)(1), "Development Applications", of the Land Development Regulations of
the Code of Ordinances of the Ciry of Delray Beach, Florida, be and the same is hereby amended to
read as follows:
Section 2.4.3 (I~ 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: The following fees shall be charged for development
applications. All fees are cumulative and separate unless otherwise indicated. Combined applications
shall provide multiple fees.
(a) Comprehensive Plan Amendment $ ''~ 2
500
,
(b) Review of a ADA/DRI $ 3~~ 3
640
,
Modification of a DRI $ ,~ 1,215
(c) Voluntary Annexation with Zoning $ ~8 1.105 (4)
(d} Rezoning of Land $ X399 2
000
.
(e) Modification of a SAD Ordinance to add a use or uses $ 1'~ 2,000
(f) Conditional Uses, New Application $ x-,$58 1,500
Modification requiring Board Review $ ~8A 610
(p~ Master Plans $ ~-~§~ 1,215 (1)
Master Plan Modification (5)
(h) Formal review of a Sketch Plan [Section 2.4.1(B)] $ SSA 610
(i) Similarity of Use $ X39 305
G) Site Plan Review:
Class I (Non-Impacting Modification) $ -fA5 110
Class II (Non-Impacting with Board Review) $ ~1-A 225
Class III (Minor Modification) $ 323 550 (1)
Class IV (Major Modification) $ $~9 915 (1)
2 ORD. N0.25-07
\.
Class V (New Submission) $ 1 fT1~J 1,215 (1)
(k) Extension requests for a previously approved $ ~S9 610
conditional use or site plan (only one fee is required
if both items are being extended for one project)
(1) Plats
Minor Subdivision $ $~9 915 (1)
M
S
bdi
i
i $ ~~ 1
825
ajor
u
v
s
on 1
)
(
Plat Recording Fee (3)
(m) Abandonments
Right-of--way $ 5S9 750
General Easements $ X39 370
Specific Easements $ X73 185
(n) Master Sign Program $ x-28 150
(o) Variance through the Board of Adjustment or the $ ~8 500
Historic Preservation Board
(p) Formal interpretation by the Board of Adjustment $ s5 60
(q) Certificate of Appropriateness by Board
Alterations and/or Repairs $ ~ 60 (2)
New Construction and Additions $ ~5 555 (1)
Demolition and Relocation $ §23 5~
(r) Certificate of Appropriateness by Administrator $ 0
(s) Request for Historic Designation $ 5-5 60
(t) Hearing before the Board of Construction Appeals $ ~ 60
(per item) $ ~ 60
(u) Temporary Use Request involving City Commission $ ~A 130
Action
(v) Water Service Agreement Request
- - without concurrent site plan $ ~A 130
- - with concurrent site plan $ 0
3 ORD. N0.25-07
(w) Land Development Regulations Text Change $ ~8 1500
(x) Waivers and Internal Adjustments $ ~9 130 per request (6)
$ ~ 250 per request ('7)
(y) Appeals by Applicant $ ~ 335 (8)
(z) Advertising (9)
(aa) Zoning Verification Letter $ ~9 120
(bb) Single Family Overlay District Site Plan Review $ ~-5A 850 (1)
(cc) Application Fee for In-Lieu Of and Public Parking Fee $ ~1$ 225 (10)
Requests
NOTES:
(1) Plus an additional fee of $100 per acre, or any fraction thereof, beginning at 3.01 acres, 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, $15.00 for each additional sheet, or as modified from time
to time by Palm Beach County, payable to Palm Beach County.
(4) Fee may be waived by the City Manager, fox properties that have already been developed, or fox
sites under one (1) acre in size.
(5) Same fee that would apply for site plan modification.
(6) For requests made during the site plan /master plan review process.
('7) For requests made subsequent to the site plan /master plan review process.
(8) Includes appeals of both administrative decisions and Board actions.
(9) .The Applicant shall be responsible for all advertising fees including newspaper
publications. The applicant shall provide self-addressed envelopes with the required postage for
mailed notices. If the required advertising fees are not laid at least four days (4.) prior to the
hearing, the presiding body, shall postpone action on the application until such fees are paid. In
the event such tiostnonement results in additional mailing or bublication costs. the applicant shall
be responsible for the additional fees.
4 ORD. N0.25-07
C
(10) If approved, this fee will be credited toward the associated site plan modification.
11 Recording fees of any documents shall be paid by the Applicant.
Section 4. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(I~, "Fees",
Sub-subsection 2.4.3(I~(2), "Plan Check Fees", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
(2) Plan Check Fees:
(a) The Plan Check fee shall be paid when g-plans are submitted to apply for
the applicable permit. The fee shall be equal to one-half (1 /2) of the ~g
permit fee [see item (3)~)]. This Plan Check fee shall be credited to the cost of
the applicable permit at its time of issuance and is non refundable.
(b) A Change to Plans or Shop Drawings Fee of $~3 75 for the first sheet plus $1.00
per each additional sheet shall be charged for any Plans not submitted with the
original permit application.
(c) A Master Plan Submission Fee of $~8A 1.500 shall be paid when the Master Plan
for a project is submitted and is for Plan Review. It is not part of the permit fee
and is non-refundable.
Section 5. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(I~, "Fees",
Sub-subsection 2.4.3(x)(3), "Permit Fees", of the Land Development Regulations of the Code of
Ordinances of the City of Dekay Beach, Florida, be and the same is hereby amended to read as
follows:
(3) Permit Fees: Fees associated with permits are applicable per the following. All fees
axe cumulative and separate unless otherwise indicated. Combined applications shall provide
multiple fees. No permit fees are included in the imposition of application fees.
(a) Shrub Clearing Permit:
-- one acre $ ~ 100 and $10 for each
additional acre
-- tw~i~e~er~- ar , n
-- ~ t~tetraer~° °t , c
ORD. N0.25-07
(b) Tree Removal Permit: $ ~i:58 25 per tree
Where a tree has died due to natural causes including disease, lethal
yellowing, freezing temp., lightning and storms, or if the tree is of a
prohibited species, there shall be no permit fee even though inspection and
permit requirements shall be met. $ -0-
(c) Temporary Use, not requiring City
Commission action (e.g. Tents)
(d)
Mitigation Verification Affidavit
(e) Work in the Public Right-of--way
(~
~app}iea~ie~
Renewal/Extension of Permit
(g) Signs and Signing
Application Fee
Permit Fee, non-electric
Permit Fee, electric
$ 3-~+-depesit 150
$-~-+~-$-59-~epesit
25
$15
$~
150
$ ~§:A~25
$ X38 2/ sq.ft./ face
$ ~9A 20 Plus
$ 1~2 / sq.ft./ face
(h) Permits for new buildings and additions which include all €er the following items:
* Building Permit
* Electrical Permit
* Plumbing Permit
* Mechanical Permit
* Roofing Permit
For permit activity valued at $1,000 or less:
-- Minunum fee of $ 4:99 50
-- Plus: $ ~~ 30 per required inspection
-- Plus: $ ~A9 50 per reinspection (1)
-- Plus: $ 399 100/each change of contractor
6 ORD. N0.25-07
For permit activity valued at $1,001 or more:
-- Minimum fee of $ 499 50 and $Y77'J 20 per each additional $1,000 of
value, or fraction thereof
-- Plus: $ ~A9 50 per reinspection (1)
-- Plus: $ ~A9 100/each change of contractor
(i) Permits for miscellaneous items such as driveways, fences, reroofs, pools, utility
sheds, patios, sidewalks, landscaping, irrigation:
For permit activity valued at $1,000 or less:
-- Minimum fee of $ ~6 40
-- Plus: $ ~~ 30 per required inspection
-- Plus: $ ~:~9 ~ per reinspection (1)
-- Plus: $ ~8:A9100/each change of contractor
For permit activity valued at $1,001 or more:
-- Minimum fee of: $ ~9 40 and $~9 20 for each additional $1,000 of
value or fraction thereof
-- Plus: $ ~S:AA 50 per reinspection (1)
-- Plus: $ ~A9100/each change of contractor
(j) Permits for sub trade work including, but not limited to:
* Site work
* Structural Pest Control
* Underground Fuel Tanks
* General Construction
* Subcontracts for General Construction
7 ORD. N0.25-07
For permit activity valued at $1,000 or less:
-- Minimum fee of:$ 41-99 50
-- Plus: $ ~~ 30 per required inspection
-- Plus: $ x:99 50 per reinspection (1)
-- Plus: $ ~A9100/each change of contractor
For permit activity valued at $1,001 or more:
-- Minimum fee of $41-99 50
-- Plus: $ ~:~9 40 fox each $1,000 of value or fraction thereof
-- Plus: $ ~§A9 50 per reinspection X1,1
-- Plus: $ ~A9100/each change of contractor
(k) Moving of a building ox structure: $21~ 400
(1) Demolition of a building or structure: $Fr33A 100
(m) Drilling or Driving a Potable well: $H~39 70
~~
{e} jn), Change-out Permits: A change-out permit is for work by a sub-trade
contractor or qualified owner-builder which involves the repair or replacement
of minor components. Minor components include, but are not limited to,
showers, sinks, water heaters, air-conditioning condenser units, air-handlers,
heat strips, minor duct repair, electrical fixtures, electrical service upgrades, pool
pumps, irrigation systems pumps and accessories, and ceiling fans.
gyp} Value of less than $200: $ -0-
Value of $200 to $1,000: $ ~ 50
Value greater than $1,000 per normal permit
{P} ~ Certificate of Occupancy:
e .aa:~~~,.~ r-,.....:c......,.,.. ~ iz cn
-- Conditional Certificates: $ H~9-5A 700
{el} ~ Penalty for failing to call for a final inspection: $ ~A9100
ORD. NO.25-07
f
~ ,
{r}~c~. Penalty where work is begun without a permit: Where work for which a
permit is required is started or proceeded with prior to obtaining said permit, the
fees herein specified shall be tripled. The payment of such triple fee shall not
relieve any persons from fully complying with the requirements of this code in the
execution of the work, nor from any other penalties prescribed herein.
{s} j~ All service stations, grocery stores, kidney dialysis centers, pharmacies,
residential buildings with elevators, country clubs and/or clubhouses in residential
communities shall be permitted to install generators and all appurtenances related
to generators including fuel storage areas and screening and all permit fees for
installation shall be waived.
jsl Construction Trailer: $250 each~lus sub trade permits
~, Sales Trailer: $750 each plus sub trade permits.
NOTE ~1,~• Reasons necessitating additional inspection fees include, but are not limited to:
* The work, or correction to previously inspected work does not meet code requirements:
* An incorrect address is on the application bX action of the applicant:
* The work, or correction to „previously inspected work, is not ready for inspection at the time
specified in the application for reinspection.
Section 6. 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.
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 8. That this ordinance shall become effective immediately upon its passage on
second and final reading.
9 ORD. N0.25-07
PASSED AND ADOPTED in regular session on second and final reading on this 215 day of
August, 2007.
ATTEST:
City Clerk
First Readin
Second Readin ~
w
MAYOR
10 ORD. NO.25-07
wyvw.bocanews.corn • Boca.Raton/Delray Beach News -Friday-Saturday, August 10-11, 2007 13
CtfY OF DELRAY BEACN,FLORIDA
NOTICE OF PUBLIC HEARING
A PUEq-IC HEARING wql be heM m
the fogowing proposed ordinances at
7:00 p.m. on TUESDAY, AUGUST 27,
2007 a at any continuation of such ,
meeting which is set by the
Commission), in the City Conunission ;.
Chambers, 100 N.W. 1st Avernte, Del-
, ray Beach, Fbrida, at which time the
'City Commission will consider their
adoption. The proposed ordinances
may be inspected at the Office of Ste
City Clerk at City HaN, 700 N.W. 1st
Avenue, Delray Beach, Florida, be-
tween the hours of 8:Q0 a.m. and 5:00
p.m., tJwnday through Friday, excel
fx>Ixtays. All interested parges are in-
vited to attend and be heard with re-
spect ro Oteproposed ordinances.
ORDINANCE N0.24.07
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULA-
TIONS OF THE CODE OF ORDI-
NANCES, BV AMENDING SECTION
4.3.4, 'BASE DISTRICT DEVELOP-
MENT STANDARDS°, SUBSECTION
4.3,4(K), "DEVELOPMENT STAN-
DARDS MATRIX', AND SECTION
4.4.8, 'MEDIUM DENSIT/ RESIDEN-
TIAL (RM) DISTRICT", SUBSECTION
4.4.8(A), 'PURPOSE AND INTENT",
TO ADD REFERENCES TO THE
CARVER ESTATES OVERLAY DIS~
TRICT AND INFILL WORKFORCE
HOUSING AREA; PROVIDING f
SAVING CLAUSE, A GENERAL RE
PEALER CLAUSE, AND AN EFFEC
TIVE DATE.
ORDINANCE N0.25.07
ORDINANCE N0.28-07
AN ORDINANCE OF THE CITY COM-
BEACHN OFLORIDA, AMENDING
CHAPTER 71, 'PARKING REGULA-
TIONS" OF THE CODE OF ORD1- I
NANCES BY AMENDING SECTION ~
71.058, 'COST OF PARKING OR'
STANDING VEHICLES IN CERTAIN
METERED SPACES", TO PROVIDE
'FOR THE METER FEE CHARGED]
ANO THE PARKING LOTS AfFECT- ~
ED; PROVIDING A SAVING CLAUSE,
i A GENERAL REPEALER CLAUSE,
I AND AN EFFECTIVE DATE.
Please be advised t decision madedby
tides la appeal arty
the City Commission with respect to
any matter coson emaY need toeensure
irgs, such pe
that a verbatim record includes the
testimony and evidence upon which
the appeal is to he basee. a ee such
does not provide nor p p
I record pursuant to F.S. 268.0105.
CITYOF DELRAY BEACH
Chevege D. Nubin, CMC
Chy Clerk
PUBLISH: Friday. August 10, 2007
Boca RalonlDelray Beach News
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH; FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULA-
T10NS OF THE CODE OF ORDI-
NANCES, BY AMENDING SECTION
2.4.2, "NOTICE REQUIREMENTS';
SECTION 2.4.3, 'SUBMISSION RE-
QUIREMENTS°, SUBSECTION
2.4.3(K), 'FEES', SUB-SUBSECTION
2.4,3(K)(1), 'DEVELOPMENT APPLI-
CATIONS', 2.4.3(K)(2), 'PLAN
CHECK FEES", AND 2:4.3(K)(3),
'PERMIT FEES', TO PROVIDE FOR
CERTAIN COSTS TO BE PAID BY AN
APPLICANT AND TO INCREASE
THE DEVELOPMENT APPLICATION,
PLAN CHECK FEES ANO PERMIT
FEES CHARGED; PROVIDING A
SAVING CLAUSE, A GENERAL RE-
PEALER CLAUSE, AND AN EFFEC-
TIVEDATE.
~ ORDINANCE N0.26-07
AN ORDINANCE OF THE CffY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER TWO, 'ADMINISTRATIVE
PROVISIONS', OF THE LAND DE-
VELOPMENT REGULATIONS OF'-
THE CODE OF ORDINANCES. 8Y
ENACTING SECTION 2.4.71G),
'REQUESTS FOR REASONABLE
ACCOMMODATKN", IN ORDER TO
PROVIDE PROCEDURES FOR HAN-
DLING AND PROCESSING RE-I
QUESTS FOR ACCOMMODATION
FROM THE LAND DEVELOPMENT
REGULATIONS; PROVIDING A SAV-
ING CLAUSE, A GENERAL REPEAL-
ER CLAUSE, AND AN EFFECTIVE
DATE.
~ ORDINANCE N0.27-07 ',
AN ORDINANCE OF THE CITY COM-
MISSK)N OF THE CfrY OF DELRAY
BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULA-
TIONS OF THE CODE OF ORDI-
NANCES, BY AMENDING SECTION
4.4.13, 'CENTRAL BUSINESS (CBD)
DISTRICT', SUBSECTION 4.4.13(D).
°CONDITIONAL USES AND STRUC-
TURES ALLOWED°, TO CLARIFY
RESIDENTIAL DEVELOPMENT IS
ALLOWED AS A CONDITIONAL USE
IN THE CBD ZONED PORTION OF
THE WEST ATLANTIC AVENUE
NEIGHBORHOOD UP TO A MAXI-
MUM OF 30 UNITS PER ACRE; PRO=
VIDING A SAVING CLAUSE, A GEN-
ERAL REPEALER CLAUSE, ANO AN
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # I . l'~ -REGULAR MEETING OF AUGUST 21, 2007
ORDINANCE NO. 25-07 -CITY INITIATED AMENDMENT TO LDR
AMENDING SECTION 2.4.2, "NOTICE REQUIREMENTS", AND
SECTION 2.4.3 "SUBMISSION REQUIREMENTS"~ SUBSECTION
2.4.3fK) "FEES"
DATE: AUGUST 17, 2007
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading for a City initiated amendment to the Land
Development Regulations (LDR), Section 2.4.2, "Notice Requirements", Section 2.4.3, "Submission
Requirements", and Subsection 2.4.3(x), "Fees", to provide for an increase in the Development
Applications, Plan Check Fees and Building Permit Fees.
BACKGROUND
At the first reading on July 24, 2007, the Commission passed Ordinance No. 25-07.
FUNDING SOURCE
N/A
RECOMMENDATION
Recommend approval of Ordinance No. 25-07 on second and final reading.
S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 25-07 Amend LDR Sec 24.2 Notice Requirement Sec 24.3K Fees.doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: JASMIN ALLEN, PLANNER rrk~~G~~~
MARK MCDONNELL, AICP CTING DIRECTOR PLA1NNING AND ZONING
THROUGH: CITY MANAGER ~ ~~~~ ~-~~ \
Ass~sfiati-FC/~1
DATE: JULY 18, 2007
RI IR.IFC`T• AGENDA ITEM # I ~ . U -REGULAR MEETING JULY 24. 2007
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 2.4.2 "NOTICE
REQUIREMENTS" AND SECTION 2.4.3(K) "FEES" TO PROVIDE FOR AN
INCREASE IN THE DEVELOPMENT APPLICATIONS, PLAN CHECK FEES
AND BUILDING PERMIT FEES.
ITEM BEFORE COMMISSION
The item before the Board is that of approval of an amendment to the Land Development
Regulations to provide for an increase in development applications, plan check and permit fees.
BACKGROUND
During the process to change the fee schedule in 2003, the City Commission directed staff to
process changes as needed every two years. In 2005, an LDR amendment was processed that
increased the development application fees by 5% as well as provided for significant
adjustments for zoning verification letters and for Certificates of Appropriateness (COA)
requests as they related to demolitions, new construction and additions in historic districts that
required Board review.
Staff has researched adjacent municipality fee schedules for similar development activities and
has determined that an additional increase in the Development Application fees of 5% is
justified. In addition, significant increases are also proposed for Amendments to the
Comprehensive Plan, Rezoning, Amendments to the Land Development Regulations,
Conditional Uses, Abandonment of rights-of-way and Variances, as the current fees for these
applications were found to be well below the average fees charged by those municipalities
surveyed. The proposed changes also include increasing the review fee for single family homes
within the North Beach/Seagate and Ocean Neighborhood Overlay Districts to $850.00 to reflect
increases proposed in the renewal contract between the City and Urban Design Studio; and, a
new fee for advertising and recording costs. Currently, initial advertising costs are paid by the
City, and the applicant is responsible for the cost for re-advertising if the project is postponed or
modified by the applicant. The proposed change would require the applicant to pay for all the
advertising costs, including newspaper publications, and to provide self-addressed envelopes
with the required postage for mailed notices.
Finally, increases in all categories of building permit fees and the addition of some new fees are
proposed based on the substantial review and comparison to other municipalities and Palm
Beach County. Staff is also recommending a plan check fee, calculated at one half of the
assessed permit fee, be paid when building plans are submitted for application, thus requiring
the plan check fee for all permit applications regardless of the construction value. The
plan check fee will be credited to the cost of the applicable permit at the time of issuance.
City Commission Regular Meeting of July 24, 2007
City Initiated Amendment to the LDR Regarding Increasing the Development Application, Plan
Check and Permit Fees.
Additional background and analysis is provided in the attached Planning & Zoning Board Staff
Report.
REVIEW BY OTHERS
The text amendment was considered by the Planning and Zoning Board on July 16, 2007. No
one from the public spoke on the issue. The Board recommended approval on a 4 to 0 vote, by
adopting the findings of fact and law contained in the staff report and finding that the
amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(M) of the Land Development Regulations.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 25-07, amending Land Development
Regulations (LDR) Section 2.4.2 "Notice Requirements" and Section 2.4.3(K)(1)(2)&(3)
"Development Applications", "Plan Check Fees", and "Permit Fees to provide for increases to
the fee schedule, by adopting the findings of fact and law contained in the staff report and
finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(M) of the Land Development Regulations, with second reading to occur on August
7, 2007.
Attachments:
^ Ordinance No. 25-07
^ Planning and Zoning Board Staff Report of July 16, 2007
2
ORDINANCE N0.25-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 2.4.2, "NOTICE
REQUIREMENTS"; SECTION 2.4.3, "SUBMISSION
REQUIREMENTS", SUBSECTION 2.4.3(I~, "FEES", SUB-
SUBSECTION 2.4.3(I~(1), "DEVELOPMENT APPLICATIONS",
2.4.3(x)(2), "PLAN CHECK FEES", AND 2.4.3(I~(3), "PERMIT
FEES", TO PROVIDE FOR CERTAIN COSTS TO BE PAID BY
AN APPLICANT AND TO INCREASE THE DEVELOPMENT
APPLICATION, PLAN CHECK FEES AND PERMIT FEES
CHARGED; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on July 16, 2007, and voted 4 to 0 to recommend
that the changes be approved; 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 goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the Ciry Commission of the City of Dekay Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
ection 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 2.4.2, "Notice Requirements", of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended to read as follows:
Section 2.4.2 Notice Requirements: The Ciry Commission, the Planning and Zoning Board, and
other Boards which are involved with the implementation of these Land Development Regulations
shall conduct meetings and shall provide public notice of their tentative actions pursuant to this
Section. All costs incurred by the City for advertising, providing notice and recording of any
documents shall be paid by the Applicant.
Section 3. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(x), "Fees",
Sub-subsection 2.4.3(x)(1), "Development Applications", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to
read as follows:
Section 2.4.3 (I~ 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 Auulications: The following fees shall be charged for development
applications. All fees are cumulative and separate unless otherwise indicated. Combined applications
shall provide multiple fees.
(a) Comprehensive Plan Amendment $ 2;348 2,500
(b) Review of a ADA/DRI $ z~ 3 640
Modification of a DRI $ 4f1 CMG , 1,215
(c) Voluntary Annexation with Zoning $ 4;958 1 105 (4)
(d) Rezoning of Land $ 499 2 000
(e) Modification of a SAD Ordinance to add a use or uses $ 498 2 000
(f) Conditional Uses, New Application $ 4~8 1 500
Modification requiring Board Review $ ~S8 610
(g) Master Plans $ 4~ 1 215 (1)
Master Plan Modification (5)
(h) Formal review of a Sketch Plan [Section 2.4.1(B)] $ §S8 610
(i) Similarity of Use $ 298 305
G) Site Plan Review:
Class I (Non-Impacting Modification) $ 485 110
Class II (Non-Impacting with Board Review) $ 21-A 225
Class III (Minor Modification) $ §25 550 (1)
Class N (Major Modification) $ $~9 915 (1)
2 ORD. N0.25-07
Class V (New Submission) $ ,~ 1 215 (1)
(k) Extension requests for a previously approved $ ~S9 610
conditional use or site plan (only one fee is required
if both items are being extended for one project)
(1) Plats
Minor Subdivision $ $~9 915 (1)
Major Subdivision $ '~ 1 X825 (1)
Plat Recording Fee (3)
(m) Abandonments
Right-of--way $ SSA 750
General Easements $ ~A 370
Specific Easements $ ~ 185
(n) Master Sign Program $ ~A 150
(o) Variance through the Board of Adjustment or the $ ~9 500
Historic Preservation Board
(p) Formal interpretation by the Board of Adjustment $ 3~ 60
(q) Certificate of Appropriateness by Board
Alterations and/or Repairs $ §si 60 (2)
New Construction and Additions $ §~5 555 (1)
Demolition and Relocation $ §~ 5~
(r) Certificate of Appropriateness by Administrator $ 0
(s) Request for Historic Designation $ §5 60
(t) Hearing before the Board of Construction Appeals $ ~5 60
(per item) $ §5 C~0
(u) Temporary Use Request involving City Commission $ ~9 130
Action
(v) Water Service Agreement Request
- - without concurrent site plan $ x-28
- - with concurrent site plan $ 0
3 ORD. N0.25-07
(w) Land Development Regulations Text Change
(x) Waivers and Internal Adjustments
(y) Appeals by Applicant
(z) Advertising
(aa) Zoning Verification Letter
(bb) Single Family Overlay District Site Plan Review
(cc) Application Fee for In-Lieu Of and Public Parking Fee
Requests
$ X59 1500
$ ~9 130 per request (6)
$ ~ 250 per request (7)
$ ~ 335 (8)
(~)
$ ~9 120
$ a39 850 (1)
$ ~& 225 (10)
NOTES:
(1) Plus an additional fee of $100 per acre, or any fraction thereof, beginning at 3.01 acres, 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, $15.00 for each additional sheet, or as modified from time
to time by Palm Beach County, payable to Palm Beach County.
(4) Fee may be waived by the City Manager, for properties that have already been developed, or for
sites under one (1) acre in size.
(5) Same fee that would apply for site plan modification.
(6) For requests made during the site plan /master plan review process.
('7) For requests made subsequent to the site plan /master plan review process.
(8) Includes appeals of both administrative decisions and Board actions.
(9) A~erit~sit~g-ees~ The Applicant shall be responsible for all advertising fees including newspaper
publications. The applicant shall provide self-addressed envelopes with the required postage for
mailed notices. If the required advertising fees are not paid at least four days (4) prior to the
hearing, the presiding bodX, shall postpone action on the application until such fees axe paid. In
the event such postponement results in additional mailing or publication costs, the applicant shall
be responsible for the additional fees.
4 ORD. N0.25-07
(10) If approved, this fee will be credited toward the associated site plan modification.
11 Recording fees of and documents shall be paid by the Applicant.
Section 4. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(I~, "Fees",
Sub-subsection 2.4.3(x)(2), "Plan Check Fees", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
(2) Plan Check Fees:
(a) The Plan Check fee shall be paid when plans are submitted to apply for
the applicable permit. The fee shall be equal to one-half (1 /2) of the g
permit fee [see item (3){k)]. This Plan Check fee shall be credited to the cost of
the applicable permit at its time of issuance and is non refundable.
(b) A Change to Plans or Shop Drawings Fee of $~-5 75 for the first sheet plus $1.00
per each additional sheet shall be charged for any Plans not submitted with the
original permit application.
(c) A Master Plan Submission Fee of $~A9 1 500 shall be paid when the Master Plan
for a project is submitted and is for Plan Review. It is not part of the permit fee
and is non-refundable.
Section 5. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(I~, "Fees",
Sub-subsection 2.4.3(x)(3), "Permit Fees", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
(3) Permit Fees: Fees associated with permits are applicable per the following. All fees
are cumulative and separate unless otherwise indicated. Combined applications shall provide
multiple fees. No permit fees are included in the imposition of application fees.
(a) Shrub Clearing Permit:
-- one acre $ r 100 and $10 for each
additional acre
-- til~do-te-a're 8 ~ , n
-- 3a: to c@iz aet~ ar , c
ORD. N0.25-07
(b) Tree Removal Pertnit: $ ~H~9 ~ per tree
Where a tree has died due to natural causes including disease, lethal
yellowing, freezing temp., lightning and storms, or if the tree is of a
prohibited species, there shall be no permit fee even though inspection and
permit requirements shall be met. $ -0-
(c) Temporary Use, not requiring City
Commission action (e.g. Tents)
(d)
Mitigation Verification Affidavit
(e) Work in the Public Right-of--way
(~
~.
Renewal/Extension of Permit
(g) Signs and Signing
Application Fee
Pernut Fee, non-electric
Permit Fee, electric
$ ~ 150
~3e-+~659~e~pesit
25
$15
150
$ x§89-2~
$ ~5A 2/ sq.ft./ face
$ X99 20 Plus
$ 1~2 / sq.ft./ face
(h) Permits for new buildings and additions which include all €er the following items:
* Building Permit
* Electrical Permit
* Plumbing Permit
* Mechanical Permit
* Roofing Permit
For permit activity valued at $1,000 or less:
-- Minimum fee of $ 418 50
-- Plus: $ ~A:~S 30 per required inspection
-- Plus: $ ~:BA 5Q per reinspection (1)
-- Plus: $ 59:8A 100/each change of contractor
6 ORD. N0.25-07
For permit activity valued at $1,001 or more:
-- Minimum fee of: $ 499 50 and $~~ 20 per each additional $1,000 of
value, or fraction thereof
-- Plus: $ ~:9A 50 per reinspection (1)
-- Plus: $ AAA 100/each change of contractor
(i) Permits for miscellaneous items such as driveways, fences, reroofs, pools, utility
sheds, patios, sidewalks, landscaping, irrigation:
For permit activity valued at $1,000 or less:
-- Minimum fee of: $ ~9:~9 40
-- Plus: $ 2~~ ~ per required inspection
-- Plus: $ 2§:8A 50 per reinspection (1)
-- Plus: $ ~8:9A 100/each change of contractor
For permit activity valued at $1,001 or more:
-- Minimum fee of: $ ~9 40 and $~A 20 for each additional $1,000 of
value or fraction thereof
-- Plus: $ ~:A9 ~ per reinspection (1)
-- Plus: $ X8:59100/each change of contractor
(j) Permits for sub trade work including, but not limited to:
* Site work
* Structural Pest Control
* Underground Fuel Tanks
* General Construction
* Subcontracts for General Construction
7 ORD. N0.25-07
For permit activity valued at $1,000 or less:
-- Minimum fee of:$ 499 50
-- Plus: $ ~~ 30 per required inspection
-- Plus: $ ~3:8A 50 per reinspection (1)
-- Plus: $ AAA 100/each change of contractor
For permit activity valued at $1,001 or more:
-- Minimum fee of: $ 41-9A 50
-- Plus: $ X99 40 for each $1,000 of value or fraction thereof
-- Plus: $ ~A9 50 per reinspection ~,
-- Plus: $ ~9:9A 100/each change of contractor
(k) Moving of a building or structure: $34~EA 400
(1) Demolition of a building or structure: $~§8 100
(m) Drilling or Driving a Potable well: $H~3A 70
~1;~A9
(e} ~n,~ Change-out Permits: A change-out permit is fox work by a sub-trade
contractor or qualified owner-builder which involves the repair or replacement
of minor components. Minor components include, but are not limited to,
showers, sinks, water heaters, air-conditioning condenser units, air-handlers,
heat strips, minor duct repair, electrical fixtures, electrical service upgrades, pool
pumps, irrigation systems pumps and accessories, and ceiling fans.
-{P} Value of less than $200: $ -0-
Value of $200 to $1,000: $ ~ 50
Value greater than $1,000 p/ner normal permit
D ....:.7..... a:..l 1y7.. CCZ-rie$te'~.' ~.-~ C
gyp} ~ Certificate of Occupanry:
a aa:~:~_..~ i-,,..~:c....~,.,.. ar ~z cn
-- Conditional Certificates: $ (~5A 700
{~ ,~, Penalty for failing to call for a final inspection: $ AAA 100
ORD. NO.25-07
{r}~c~. Penalty where work is begun without a permit: Where work for which a
permit is required is started or proceeded with prior to obtaining said permit, the
fees herein specified shall be tripled. The payment of such triple fee shall not
relieve any persons from fully complying with the requirements of this code in the
execution of the work, nor from any other penalties prescribed herein.
{s3 jr). All service stations, grocery stores, kidney dialysis centers, pharmacies,
residential buildings with elevators, country clubs and/or clubhouses in residential
communities shall be permitted to install generators and all appurtenances related
to generators including fuel storage areas and screening and all permit fees for
installation shall be waived.
js~, Construction Trailer: $250 each plus sub trade permits
~ Sales Trailer: $750 each plus sub trade,~ermits.
NOTE (1): Reasons necessitating additional inspection fees include, but are not limited to:
* The work or correction to previously inspected work, does not meet code requirements:
* An incorrect address is on the application ~ action of the applicant:
* The work or correction to previously inspected work is not ready for inspection at the time
specified in the application for reinspection.
Section 6. 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.
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 8. That this ordinance shall become effective immediately upon its passage on
second and final reading.
9 ORD. N0.25-07
PASSED AND ADOPTED in regular session on second and final reading on this day
of .200_.
ATTEST
City Clerk
First Reading
Second Reading
MAYOR
10 ORD. N0.25-07