2024-06 Code Amendment- Expiration of Site Plan ApprovalsORDINANCE NO. 2024-06
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, AMENDING DIVISION 3, "SITE PLAN AND
APPEARANCE REVIEW," OF ARTICLE III, "APPEARANCE CODE," OF
CHAPTER 6, "BUILDINGS AND BUILDING REGULATIONS," TO ADOPT A NEW
SECTION 6-61, "EXPIRATION OF SITE PLAN AND APPEARANCE APPROVAL;"
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Code of Ordinances does not currently address the expiration of site plan and
appearance approvals, and the only current limitation on such approvals is tied to traffic concurrency;
and
WHEREAS, at the recommendation of Village Staff, the Village Council wishes to adopt regulations
governing the expiration of site plan and appearance review approvals and ability of an applicant to
request an extension; and
WHEREAS, the Village Council determines that the adoption of this Ordinance benefits the health,
safety, and welfare of the residents of the Village of North Palm Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing "Whereas" clauses are hereby ratified as true and correct and are
incorporated herein.
Section 2. The Village Council hereby amends Division 3, "Site Plan and Appearance Review," of
Article III, "Appearance Code," of Chapter 6, "Buildings and Building Regulations," of the Village Code
of Ordinances to adopt a new Section 6-61 to read as follows (additional language underlined):
ARTICLE III. APPEARANCE CODE
DIVISION 3. SITE PLAN AND APPEARANCE REVIEW
Sec. 6-61. Expiration of site plan and appearance approval.
(a) Unless otherwise set forth in the development order, a site plan and
appearance approval, including site plans approved as part of a planned unit development,
shall expire and become null and void after two (2) years from the date of the approval
unless the applicant commences development within the two (2) year period.
Commencement of development shall consist of the issuance of a building_ permit for a
principal structure or for the installation of infrastructure improvements and the
completion of the first inspection ap rp oval.
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(b) No later than three (3) months prior to the expiration of the two (2) year
period, the applicant may request an extension of up to one (1) year to commence
development. Such extension maybe granted by the community development director
for good cause shown.
(c) Any additional extension beyond three (3) years shall only granted by
the village council.
d) An extension Pursuant to this section shall not be available with respect to
any extension period authorized by state law or action of the Governor which extends the
effective date of the site plan and appearance approval. Extensions under state law reduce
the time Period for extensions available pursuant to this section on a one (1) day for one
(1) day basis.
(e) The village may approve a phasing plan for a development that includes
multiple principal structures and provide expiration dates for each phase.
Section 3. The provisions of this Ordinance shall become and be made part of the Code of
Ordinances for the Village of North Palm Beach, Florida.
Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinances 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 the Ordinance.
Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict herewith
are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall be effective immediately upon adoption.
PLACED ON FIRST READING THIS 25TH DAY OF APRIL, 2024.
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,ND, FINAL READING AND PASSED THIS 9TH DAY OF MAY, 2024.
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GE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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MAYOR