HomeMy WebLinkAbout2008-07 Code Amendment Public Sites & Open Spaces•
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ORDINANCE 2008-07
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE III, "DESIGN
STANDARDS," OF APPENDIX B, "SUBDIVISIONS," OF THE VILLAGE
CODE OF ORDINANCES BY AMENDING SECTION 36-23, "PUBLIC SITES
AND OPEN SPACES," TO ALLOW MONETARY=CONTRIBUTIONS IN LIEU
OF LAND DEDICATION TO BE UTILIZED FOR THE CONSTRUCTION OR
EXPANSION OF ANY PUBLIC FACILITY DESIGNED TO MITIGATE THE
IMPACTS OF THE SUBDIVISION; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 36-23 of Appendix B, "Subdivision Code," of the Village Code of
Ordinances requires the dedication of land area within subdivisions to be dedicated to the public
use to offset the demands created by the subdivision; and
WHEREAS, Section 36-23 further provides that the Village Council may require the developer
to pay cash in an amount equal to the fair market value of the required land in lieu of dedication
to be utilized for parks and recreational purposes; and
WHEREAS, the Village recognizes that the impacts of a subdivision go beyond parks and
recreation and wishes to expand the permitted uses of such funds to include the construction and
expansion of public facilities, including public safety facilities, that would offset the impacts of
the proposed subdivision; and
WHEREAS, the Village Council has determined that the adoption of this Ordinance is in the best
interests of the health, safety and welfare of the Village and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends Appendix B, "Subdivision Code," Article III,
"Design Standards," of the Village Code of Ordinances by amending Section 36-23 to read as
follows (additional language is underlined and deleted language is stricken through):
Sec. 36-23. Public sites and open spaces.
Laal Where a proposed school site, park, playground. public facility or
other public area shown on the adopted village plan is located in whole or part
within the proposed subdivision, such sites shall be indicated on the preliminary
plat. As a condition for the approval of the preliminary plat, the governing body
shall require the dedication to the public of such reasonable portions of such
public sites as are attributable by the village to the demand created by the subdivision.
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(b) In any event, a minimum of five (5) percent of the gross land area
of the subdivision shall be dedicated to public use. At the discretion of the village
council, the developer may be required to pay in cash an amount equal to the fair
market value of the required land, said fair market value to be appraised on the
basis of the value of platted land without improvements.
(c) If the village council elects to require a developer to pay in cash an
amount equal to the fair market value of the required land, such cash contribution
shall be utilized for parks and recreational purposes or the construction or
expansion of anv Public facilities or other improvements designed to mitigate the
impacts of the proposed subdivision as determined by the village council.
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of
the Village of North Palm Beach, Florida.
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of this Ordinance.
Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 27th DAY OF MARCH, 2008.
PLACED ON SECOND, FINAL READING AND PASSED THIS loth DAY OF APRIL, 2008.
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,, (Village Seal)
'ATI:EST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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