Ord 08-04ORDINANCE NO. 8-04
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 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(K),
"FEES", OF THE LAND DEVELOPMENT REGULATIONS BY ENACTING
A NEW SUBSECTION 2.4.30K)(6), "DELRAY BEACH FIRE-RESCUE
DEPARTMENT FEES", TO PROVIDE FOR DEVELOPMENT REVIEW
FEES BY THE FIRE DEPARTMENT; PROVIDING A SAVING CLAUSE;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING FOR THE
RENUMBERING, III~J.E'ITERING AND INCLUSION IN THE LAND
DEVELOPMENT REGULATIONS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Fire Department reviews plans for many different types of construction
and renovation and performs inspections of structures at the requests of other parties; and
WHEREAS, in order to recover some of the Fire Depaitment's expense and time in
reviewing plans and making these inspections it is in the public's interest to charge for some of these
WHEREAS, pursuant to LDR Section 1.1.6, the PNnning and Zoning Board reviewed the
proposed text amendment at a public hearing held on January 26, 2004, and voted 6 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(10, "Fees",
of the I.and Development Regulations of the Code of Ordinances of the City of Deiray Beach,
Florida, be, and the same is hereby amended by the enactment of a new Subsection 2.4.3(K)(6),
"Deiray Beach Fire-Rescue Department Fees", to read as follows:
(6) D~lray Beach Fire-Rescue Department Fees:
(a) The following formula, which is based on the valuation of the proposed
work, shall be used to determine plans review fees.
$0.00 up to $25,000.00
Charge 0.5% total valuation of work. With a
minimum of $20.00. ~ works out to $5.00
per thousand dollars of value.)
$25,001.00 to $100,000.00
Charge $125.00 for the first $25,000.00 and
then charge 0.25% of the balance of the value.
(This works out to be $2.50 per thousand
dollars value for the balance.)
$100,001.00to$500.000.00
Charge $312.50 for the first $100,000.00 and
then charge 0.125% of the balance of value.
(This works out to be $1.25 per thousand
dollars of the value for the balance.)
$500,001.00 to $1,000,000.00
Charge $812.50 for the first $500,000.00 and
then charge 0.0625% of the balance of the
value. (This works out to be $0.625 per
thousand dollars of value for the balance.)
$1,000,000.01 and up
Charge $1,138.50 for the first million and then
charge 0.03125% of the balance of the value.
CF}tis works out to be $0.3125 per thousand
dollars of value for the balance.)
(b) Set forth below are examples of valuations and estimated correlating fees.
ESTIMATED VALUATION
$4,000.00 and under
PLAN REVIEW FEES
$20.00
300,000.00
100,000.00 312.50
200,000.00 437.50
562.50
400,000.00
500,000.00
600,000.00
700,000.00
800,000.00
900,000.00
1,000,000.00
1,100,000.00
1,200,000.00
687.50
812.50
875.00
937.50
1,000.00
1062.50
1125.00
1169.75
1201.00
2 ORD. NO. 8-04
(c) Design Review. A fee of fifty ($50.00) dollars will be charged for design
review of drawings or specifications. This amount shall not be refunded.
(d) Civil Drawings. A fee of twenty-five ($25.00) dollars will be charged for the
plans review of all dvil drawings.
related services:
Plan Revisions. The following fees shall apply to the various revisions and
1) Pre-Permit Minor Revision:
No charge.
2) Pre-Permit Major Revision:
10% of the original fee.
3) Post-Permit Revision:
$5.00 per page, with a minimum fee of $20.00,
except when value increases (then see
schedule).
4) Restamp:
$2.50 per page with a minimum fee of $10.00
5) Invalid Permits:
30% of the original fee. If construction has
commenced, payment of a fee for the
remaining construction is based on the
original schedule.
(t) Water Flow Tests. A fee of seventy-five ($75.00) dollars shall be paid for all
flow tests performed by Deiray Beach Fire-Rescue on wet hydrants.
(g) Fire Watch. A fee equal to the overtime cost incurred by Delray Beach Fire-
Rescue shall be paid for any Fire Watch (as defined by the Florida Fire Prevention Code) required
by the Florida Fire Prevention Code or by the Fire-Rescue Department.
(h) Fire Depad~ent Survey (Water Supply). There shall be a twenty-five ($25.00)
dollar charge for any survey conducted by Delray Beach Fire-Rescue to establish the adequacy of
water supply, distance to closest fire station, and/or any other pertinent insurance information.
(i) Permits for fire-related operations. There shall be a twenty-five ($25.00)
dollar permit charge for hazardous operations included in section 1-16.16 of the Florida Fire
Prevention Code, and identified by Delray Beach Fire-Rescue as requiring a permit.
Section 2. 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
3 ORD. NO. 8-04
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 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. The provision of this ordinance shall become and be made a part of the Land
Development Regulations of the City of Delray Beach, Florida. The Sections of the ordinance may
be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to
"section", "article", or any other appropriate word.
Section 5.
final reading.
That this ordinance shall become effective upon its adoption on second and
P3SS.~D AND.ADOPTED in regular
day ofcx~z.a~ ,2oo~
session on second and final reading on this the ! ~
ATrPLST:
City Clerk
Fkst Reading ,~.
Second Readin ,~/-~
4 ORD. NO. 8-04
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~C) ~> - REGULAR MEETING OF FEBRUARY 17. 2004
ORDINANCE NO. 8-04 (AMENDING I.AND DEVELOPMENT
REGULATIONS. ENACTING A NEW SUBSECTION 2.4.3(K)(6).
"DFA~R&Y BEACH FIRE-RESCUE DEPARTMENT FEES")
FEBRUARY 13, 2004
This ordinance is before Commission for second reading to amend the Land Development
Regulations, enacting a new Subsection 2.4.3(K)(6), "Delray Beach Fire-Rescue Department Fees",
providing for fees to be charged by the Fire Dep~ta~sent for review of development plans.
At the first reading on February 3, 2004, the Commission passed Ordinance No. 8-04.
Recommend approval of Ordinance No. 8-04 on second and final reading.
S:\City Clerk\agenda rmano~.Otd 8.04.Fke Revue Fees 0Z 17.04
TO:
THRU:
FROM:
SUBJECT:
PAUL DORLING, DIRECTOR OF P~INING AND ZONIN~
JEFFREY A. COSTELLO, ASSISTANT PLANNING DIREC/T~R~/
MEETING OF FEBRUARY 3, 2004
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS ENACTING A NEW
SUBSECTION 2.4.3(K)(6), "DELRAY BEACH FIRE-RESCUE DEPARTMENT FEES".
The City's Fire Department reviews plans for many different types of construction and renovations and
performs inspections of structures at the requests of other parties. In order to recover some of the
Fire Department's expense and time in reviewing plans and making these inspections it is in the
public's interest to charge for some of these services. Therefore, the request is to amend the Land
Development Regulations to include Fire Department plan review fees.
The City's Community Improvement Department reviewed Fire Department plan review fees which
are currently charged by Palm Beach County as well as several municipalities within Palm Beach
County having similar populations as the City. The proposed fee formula is based on project value,
which is consistent with the methodology used by Boynton Beach, Jupiter, Palm Beach Gardens and
Palm Beach County. Some City's base their fees on square footage of a project and assign a cost
per square feet. The fees are comparable whether they are based upon project value or cost per
square feet. The proposed fee schedule is the same as those currently charged by Palm Beach
County.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding
that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and
Policies of the Comprehensive Plan, it is not inconsistent with them.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of January 26,
2004. There was no public testimony regarding the proposed amendment. After discussing the
amendment, the Board voted 6-0 (Sowards absent) to recommend to the City Commission approval
of the proposed amendment to the Land Development Regulations enacting Subsection 2.4.3(K)(6)
regarding Delray Beach Fire-Rescue Department Fees, based upon positive findings with respect to
LDR Section 2.4.5(M).
By motion, approve on first reading the ordinance amending the Land Development Regulations
enacting Subsection 2.4.3(K)(6) regarding Delray Beach Fire-Rescue Department Fees, based upon
positive findings with LDR Section 2.4.5(M), and set a public hearing date of February 17, 2004.
Attachment: Proposed Ordinance
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Delray Beach Fire-Rescue Department Fees
Page 2
ORDINANCE NO.8-04
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 2.4.3,
"SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(K), "FEES", OF THE
LAND DEVELOPMENT REGULATIONS BY ENACTING A NEW SUBSECTION
2.4.3(K)(6), "DELI{AY BEACH FIRE-RESCUE DEPARTMENT FEES", TO
PROVIDE FOR DEVELOPMENT REVIEW FEES BY THE FIRE
DEPARTMENT; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING FOR THE RENUMBERING,
RELETTERING AND INCLUSION IN THE LAND DEVELOPMENT
REGULATIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Fire Department reviews plans for many different types of construction
and renovation and performs inspections of structures at the requests of other parties; and
WHEREAS, in order to recover some of the Fire Department's expense and time in
reviewing plans and making these inspections it is in the public's interest to charge for some
of these services.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing held on January 26, 2004,
and voted 6 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(K),
"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 by the enactment of a new Subsection
2.4.3(K)(6), "Delray Beach Fire-Rescue Department Fees", to read as follows:
(6) Delra¥ Beach Fire-Rescue Department Fees:
(a) The following formula, which is based on the valuation of the proposed
work, shall be used to determine plans review fees.
$0.00 up to $25,000.00
Charge 0.5% total valuation of work. With a
minimum of $20.00. (This works out to $5.00
per thousand dollars of value.)
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Delray Beach Fire-Rescue Department Fees
Page 3
$25,001.00 to $100,000.00
Charge $125.00 for the first $25,000.00 and
then charge 0.25% of the balance of the
value. (This works out to be $2.50 per
thousand dollars value for the balance.)
$100,001.00 to $500.000.00
Charge $312.50 for the first $100,000.00 and
then charge 0.125% of the balance of value.
(This works out to be $1.25 per thousand
dollars of the value for the balance.)
$500,001.00 to $1,000,000.00
Charge $812.50 for the first $500,000.00 and
then charge 0.0625% of the balance of the
value. (This works out to be $0.625 per
thousand dollars of value for the balance.)
$1,000,000.01 and up
Charge $1,138.50 for the first million and then
charge 0.03125% of the balance of the value.
(This works out to be $0.3125 per thousand
dollars of value for the balance.)
(b) Set forth below are examples of valuations and estimated correlating
fees.
ESTIMATED VALUATION PLAN REVIEW FEES
$4,000.00 and under $20.00
100,000.00 312.50
200,000.00 437.50
300,000.00 562.50
400,000.00 687.50
500,000.00 812.50
600,000.00 875.00
700,000.00 937.50
800,000.00 1,000.00
900,000.00 1062.50
1,000,000.00 1125.00
1,100,000.00 1169.75
1,200,000.00 1201.00
(c) Design Review. A fee of fifty ($50.00) dollars will be charged for design
review of drawings or specifications. This amount shall not be refunded.
(d) Civil Drawings. A fee of twenty-five ($25.00) dollars will be charged for
the plans review of all civil drawings.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Delray Beach Fire-Rescue Department Fees
Page 4
(e) Plan Revisions. The following fees shall apply to the various revisions
and related services:
1) Pre-Permit Minor Revision:
No charge.
2) Pre-Permit Major Revision:
10% of the original fee.
3) Post-Permit Revision:
$5.00 per page, with a minimum fee of
$20.00, except when value increases (then
see schedule).
4) Restamp:
$2.50 per page with a minimum fee of $10.00
5) Invalid Permits:
30% of the original fee. If construction has
commenced, payment of a fee for the
remaining construction is based on the
original schedule.
(f) Water Flow Tests. A fee of seventy-five ($75.00) dollars shall be paid for
all flow tests performed by Delray Beach Fire-Rescue on wet hydrants.
(g) Fire Watch. A fee equal to the overtime cost incurred by Delray Beach
Fire-Rescue shall be paid for any Fire Watch (as defined by the Florida Fire Prevention
Code) required by the Florida Fire Prevention Code or by the Fire-Rescue Department.
(h) Fire Department Survey (Water Supply), There shall be a twenty-five
($25.00) dollar charge for any survey conducted by Delray Beach Fire-Rescue to establish
the adequacy of water supply, distance to closest fire station, and/or any other pertinent
insurance information,
(i) Permits for fire-related operations, There shall be a twenty-five ($25,00)
dollar permit charge for hazardous operations included in section 1-16.16 of the Florida Fire
Prevention Code, and identified by Delray Beach Fire-Rescue as requiring a permit.
Section 2. That should any section or prevision 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. The prevision of this ordinance shall become and be made a part of the
Land Development Regulations of the City of Delray Beach, Florida. The Sections of the
ordinance may be renumbered or relettered to accomplish such, and the word "ordinance"
may be changed to "section", "article", or any other apprepriate word.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Delray Beach Fire-Rescue Department Fees
Page 5
Section 5.
and final reading.
That this ordinance shall become effective upon its adoption on second
PASSED AND ADOPTED in regular session on second and final reading on this the
__ day of ,200_.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
100
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