1990-16 Adequate Public Facilities (Concurrency)Preparation of this Document was aided through financial assistance
received from the State of Florida under the Local Government Land
Development Regulation Assistance Program authorized by Chapter 89-
253, Laws of Florida, and administered by the Florida Department
of Community Affairs.
ORDINANCE N0. 16-90
' AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA TO BE
KNOWN AS THE VILLAGE OF NORTH PALM BEACH ADEQUATE PUBLIC FACILITIES
(CONCURRENCY) ORDINANCE; PROVIDING FOR SHORT TITLE AND
APPLICABILITY; PROVIDING FOR INTENT AND PURPOSE; PROVIDING
DEFINITIONS; PROVIDING GENERAL REQUIREMENT THAT ADEQUATE PUBLIC
FACILITIES BE AVAILABLE CONCURRENT WITH DEVELOPMENT; PROVIDING
MANAGEMENT AND MONITORING PROGRAM, ANNUAL PUBLIC FACILITIES UPDATE
REPORT, CAPITAL IMPROVEMENTS ELEMENT AMENDMENT, ANNUAL BUDGET;
PROVIDING THE REGULATORY PROGRAM TO ENSURE ADEQUATE PUBLIC
FACILITIES ARE AVAILABLE; PROVIDING FOR LIBERAL CONSTRUCTION,
SEVERABILITY, AND PENALTIES; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Village of North Palm Beach, pursuant to Chapter
163, Florida Statutes, the Florida Local Government Comprehensive
Planning and Land Development Regulation Act (hereinafter "the
Act"), prepared and adopted a Comprehensive Plan; and
WHEREAS, as part of that Comprehensive Plan, the Village
prepared and adopted a Capital Improvement Element (CIE) which
covers at least a five (5) year period that considers the need for
and location of Public Facilities; and
WHEREAS, the CIE is required to:
A. establish a level of service (LOS) to determine the
adequacy of Public Facilities; and
B. based upon the established LOS, estimate Public Facility
needs both to correct existing deficiencies and
accommodate needs projected by new growth and
development; and
C. based on Public Facility needs, project costs to provide
the necessary Public Facilities and find realistic
revenue sources to fund the Public Facilities, and
WHEREAS, the Comprehensive Plan with the CIE is designed to
ensure that adequate Public Facilities are available concurrent
with the impact of development; and
WHEREAS, the Act mandates that the Village of North Palm Beach
adopt land development regulations that implement the Comprehensive
Plan; and
WHEREAS, Chapter 163, Florida Statutes, provides that Public
Facilities and services needed to support development must be
available concurrent with the impacts of such development; and
' WHEREAS, Chapter 163, Florida Statutes, also provides that
not later than one (1) year after its due date established by the
State land planning agency's rule for submission of local
comprehensive plans, a local government shall not issue a
development order or permit when public facilities are not
available to accommodate the impacts from proposed development at
the adopted LOS identified in the CIE, or would result in a
reduction in the LOS for the affected Public Facilities below the
LOS provided in the Comprehensive Plan and CIE; and
WHEREAS, Rule 9J-5.005(2), Florida Administrative Code
(F.A.C.) requires that a concurrency management system must be
implemented after adoption of a Comprehensive Plan with its CIE to
ensure that Public Facilities and services needed to support
development are available concurrent with the impacts of such
development; and
WHEREAS, on November 9, 1989, North Palm Beach adopted the
village of North Palm Beach Comprehensive Plan including a CIE
pursuant to the requirements of Chapter 163, Florida Statutes; and
' WHEREAS, it is the intent of the Village Council of North Palm
Beach to implement the "concurrency requirements" of the North Palm
Beach Comprehensive Plan, in accordance with Chapter 163, Florida
Statutes, and Rule 9J-5.005, F.A.C.;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH
PALM BEACH, FLORIDA:
I.
SHORT TITLE AND APPLICATION
A, short Title. This Ordinance shall be known and may be
cited as "the Village of North Palm Beach Adequate Public
Facilities (concurrency) Ordinance."
B. Application. This Ordinance shall apply to all
developments in the total incorporated area of North Palm Beach.
II.
INTENT AND PURPOSE
A. I~lementation of Comprehensive Plan. This Ordinance is
intended to implement and be consistent with the Village of North
' Palm Beach Comprehensive Plan, Chapter 163, Florida Statutes, and
Rule 9J-5, F.A.C. by ensuring that all development in North Palm
Beach is served by adequate Public Facilities.
B. Establishment of Management/Monitoring and Regulatory
Program. This objective is accomplished by (1) establishing a
management and monitoring system to evaluate and coordinate the
timing and provision of the necessary Public Facilities to service
development, and (2) by establishing a regulatory program that
ensures that each Public Facility is available to serve development
concurrent with the impacts of development on the Public
Facilities, or that development orders are conditioned on the
availability of Public Facilities to serve the development
concurrent with the impacts of development on the Public
Facilities.
C. Minimum Requirements. The provisions of this Ordinance
in their interpretation and application are declared to be the
minimum requirements necessary to accomplish the stated intent,
purposes, and objectives of this Ordinance.
III.
DEFINITIONS
' A. Adequate Public Facilities Determination means a
Determination approved by the Director of Public Services pursuant
to the terms of this Ordinance that serves as a conditional
statement that based upon existing Public Facility capacity and
planned Public Facility capacity, adequate Public Facilities are
thought to be available to serve development at the time of the
approval of the Adequate Public Facilities Determination. A
subsequent Application for a Development Permit for development
that has been approved based upon Adequate Public Facilities
Determination shall be required to receive a new Adequate Public
Facilities Determination, or Certificate of concurrency
2
Reservation, whichever is appropriate.
B. Application for Development Permit means an application
submitted to North Palm Beach requesting the approval of a
Development Permit.
C. Capital Improvement Element means the Capital Improvement
Element of the North Palm Beach Comprehensive Plan adopted November
9, 1989 pursuant to Chapter 163, Florida Statutes.
' D. Capital Recreation and Open Space Facilities means the
planning of, engineering for, acquisition of land for, or
construction of buildings and park equipment necessary to LOS for
Capital Recreation and Open Space Facilities.
E. Capital Road Facilities means the planning of,
engineering for, acquisition of land for, or construction of roads
on the Major Road Network System necessary to meet the LOS for
Capital Road Facilities.
F. Capital Potable Water Facilities means the planning of,
engineering for, acquisition of land for, or construction of
potable water facilities necessary to meet the LOS for Capital
Potable Water Facilities.
G. Capital sanitarv hewer Facilities means the planning of,
engineering for, acquisition of land for, or construction of
sanitary sewer facilities necessary to meet the LOS for Capital
Sanitary Sewer Facilities.
H. Capital Solid Waste Facilities means the planning of,
engineering for, acquisition of land for, or construction of solid
waste facilities necessary to meet the LOS for Capital Solid waste
Facilities.
' I. Capital Storm Drainage Facilities means the planning
of, engineering for, acquisition of land for, or construction of
storm drainage facilities necessary to meet the LOS for Capital
Storm Drainage Facilities.
J. Certificate of Concurrencv Reservation means a
Certificate approved by the Director of Public Services pursuant
to the terms of this Ordinance that constitutes proof of adequate
Public Facilities to serve the Proposed Development. A subsequent
Application for a Development Permit for development for which a
Certificate of Concurrency Reservation has been approved, shall be
determined to have adequate Public Facilities as long as the
development order for which the Certificate of Concurrency
Reservation was approved has not expired, and the development is
not altered to increase the impact of development on Public
Facilities.
K. comprehensive Plan means a plan that meets the
requirements of Sec. 163.3177 and 163.3178, Fla. Stats., and shall
mean the Village of North Palm Beach Comprehensive Plan, as
amended, where referenced in this Ordinance.
L. Conditional Certificate of Concurrencv Reservation means
an application for a Certificate of Concurrency Reservation
' considered in conjunction with a Development Agreement that is
conditionally approved by the Building Official pursuant to the
terms of this Ordinance as a Conditional Certificate of Concurrency
Reservation. A Conditional Certificate of Concurrency Reservation
shall be approved, if it is demonstrated that (a) existing
available Public Facility capacity up to an amount sufficient to
serve the proposed development has been reserved; (b) there is
reasonable likelihood that the balance of the Public Facility
capacity needed for the proposed development can be provided
pursuant to a Development Agreement; and (c) a request has been
made for consideration and approval of a Development Agreement
concurrent with the Application for Development Permit to
accommodate the balance of Public Facility capacity needs for the
proposed development.
M. Developer means any person, including a government agency,
undertaking any development as defined in this Ordinance.
N. Development has the meaning given it in Chapter 380,
Florida Statutes.
' O. Development Agreement means an agreement entered into
between a local government and a person associated with the
development of land, including but not limited to Development
Agreements pursuant to Chapter 163, Florida Statutes, or an
agreement on a development order issued pursuant to Chapter 380,
Florida Statutes.
P. Development Order means any decision by the Village
Council or appropriate Village Staff granting, denying or granting
with conditions a development permit in response to an application.
Q. Development Permit includes any rezoning, special permit,
site plan, subdivision plat, building permit, or any other official
action of North Palm Beach regarding the development of land.
R. Level of Service (LOS) means an indicator of the extent
or degree of service provided by, or proposed to be provided by a
Public Facility based on and related to the operational
characteristics of the Public Facility.
s. LOS for Capital Potable Water Facilities means a minimum
of 99 gallons/capita/day for average daily water consumption for
residential; 1,874 gallons/acre/day for average daily water
consumption for non-residential (which includes commercial, public
buildings, educational and other public buildings); 147
gallons/capita/day residential and 2,782 gallons/acre/day non-
residential maximum per day consumption; and a storage capacity of
the average daily flow x 0.5.
T. LOS for Capital Recreation and Open Space Facilities
means Level of Service Standards as follows:
Unit/Population
Neighborhood Parks - 2 ac/1,000
Community Parks - 1 ac/1,000
Beaches - 1 mile/31,250
Marinas - 1 slip/2,500
Boating - 1 ramp/6,250
Golf Courses - 9 holes/30,000
Swimming - 1 pool/31,250
Tennis - 1 court/6,250
Basketball - 1 court/6,250
Shuffleboard - 1 court/6,250
Baseball/softball - 1 field/7,200
Football/soccer - 1 field/4,800
Handball/racquetball - 1 court/6,000
Playground areas - 1 area/3,600
Volleyball - 1 court/7,200
' U. LOS (interim) for Capital Road Facilities means that the
interim LOS that County Collector Roadways, State Minor Arterials
and State Principal Arterials within North Palm Beach must be able
to provide on a 24 hour and peak hour basis shall be as follows:
County Collector Roadways - LOS Standard C/Peak Hour D
State Minor Arterials - LOS Standard C/Peak Hour D
State Principal Arterials - LOS Standard C/Peak Hour D
Exception: Prosperity Farms Road-LOS Standard D/Peak Hour D
4
V. LOS for Capital Sanitary_Sewer Facilities means a minimum
of 66 gallons/capita/day for residential and 1,060 gallons/acre/day
for non-residential (which includes commercial, public buildings,
educational and other public buildings) for average day sewage
generation rate; and 104 gallons/capita/day for residential and
1,721 gallons/acre/day for maximum day sewage generation rate.
W. LOS for Capital Solid Waste Facilities means an average
generation rate of 0.926 tons/capita/year for single-family
residential, 0.588 tons/capita/year for multiple family
' residential, and 6.0 tons/acre/year for non-residential.
X. Los (interim) for Capital Storm Drainage Facilities means
standards to accommodate the following storm flow criteria. three-
year frequency, 24-hour duration (one-day); rainfall intensity
curve, as established by the South Florida Water Management
District.
Y. Person means an individual, corporation, governmental
agency, business trust, estate, trust, partnership, association,
two (2) or more persons having a joint or common interest, or any
other entity.
2. Public Facilities mean capital potable water facilities,
capital recreation and open space facilities, capital road
facilities, capital sanitary sewer facilities, capital solid waste
facilities and capital storm drainage facilities.
IV.
ADEQUATE PUBLIC FACILITIE6 SHALL BE
AVAILABLE TO SERVICE DEVELOPMENT
In order to implement the provisions of the North Palm Beach
Comprehensive Plan to ensure that adequate Potable Water, Sanitary
Sewer, Road, Solid waste, Drainage, Recreation and open Space
Public Facilities are available to accommodate development in North
Palm Beach concurrent with the impacts of development on such
Public Facilities, the Village of North Palm Beach Council
establishes, pursuant to the terms of this Ordinance, (1) a
management and monitoring program that evaluates the conditions of
Pubic Facilities to ensure they are being adequately planned for
and funded to maintain the LOS for each Public Facility, and (2)
a regulatory program that ensures that each Public Facility is
available to serve development concurrent with the impacts of
development on such Public Facilities, or that development orders
are conditioned on the availability of Public Facilities to serve
the development concurrent with the impacts of development.
V.
MANAGEMENT AND MONITORING PROGRAM:
THE ANNUAL PUBLIC FACILITIES UPDATE REPORT,
CIE AMENDMENTS. THE ANNUAL BUDGET
A. General. In order to ensure that adequate Potable Water,
Recreation and Open Space, Road, Sanitary Sewer, Solid Waste, and
Storm Drainage Public Facilities are available concurrent with the
' impacts of development on the Public Facilities, the Village of
North Palm Beach shall establish the following management and
monitoring practices. :Y1e ~hA1-~ purpose is to evaluate and
coordinate the timing, provision, and funding of Potable Water,
Recreation and Open Space, Road, Sanitary Sewer, Solid Waste, and
Storm Drainage Public Facilities so that (1) they are being
adequately planned for and funded to maintain the LOS for the
Public Facilities and (2) to evaluate the capacity of the Public
Facilities for use in the regulatory program to ensure that (a)
there are no development orders issued unless there are adequate
Public Facilities available to serve the development concurrent
with the impacts of development on the Public Facilities, or (b)
no development orders are issued unless they are conditioned on
the availability of Public Facilities to serve the development
concurrent with the impacts of development on the Public
Facilities.
ii
1
B. Annual Public Facilities upa
1 of each year, beginning in 1991,
complete and submit to the Village
Facilities Update Report (hereinafter
September 30. The AUR shall determin
all Potable Water, Recreation and Open
Solid Waste, and Storm Drainage Publi
summarize the available capacity of t
on their LOS, and forecast the capac
Capital Improvements identified in
Improvement Schedule for each of the
The forecasts shall be based on the mo
of Capital Improvements for each Publ
also revise ~e1-eva~at-population projec
inventories, update unit costs, and up
ate Report (AUR). By March
the Village Manager shall
Council an Annual Public
"AUR") for the period ending
e the existing conditions of
Space, Road, Sanitary Sewer,
c Facilities, determine and
hese Public Facilities based
ity of existing and planned
the Five (5) Year Capital
five (5) succeeding years.
st recently updated schedule
is Facility. The AUR shall
tions, update Public Facility
date revenue forecasts.
The findings of the AUR shall form the basis for any proposed
amendments to the CIE, any proposed amendments to the Village's
annual budget for Public Facilities, and the review of and issuance
of development orders during the next fiscal year.
C. Recommendations on Amendments to CIE and Annual Budget
Based upon analysis of the AUR, the Village Manager shall
propose to the Village Council each year, any necessary amendments
to the CIE, and any proposed amendments to the Village's annual
budget for Public Facilities.
VI.
THE REGULATORY PROGRAM: REVIEW OF
DEVELOPMENT TO ENSURE ADEQUATE PUBLIC
FACILITIES ARE AVAILABLE
A. General. In order to ensure that adequate Potable water,
Sanitary Sewer, Road, Solid Waste, Drainage, and Recreation and
Open Space Public Facilities are available concurrent with the
impacts of development on each Public Facility, North Palm Beach
shall establish the following development review procedures so that
no development order is issued unless there are adequate Public
Facilities available to serve the proposed development, or that the
development order is conditioned on the availability of Public
Facilities to serve the development concurrent with the impacts of
development on the Public Facilities.
B. Exemptions.
The following development shall be exempt from the
requirements of this Ordinance.
1. Construction of Public Facilities (potable water,
sanitary sewer, solid waste, roads, recreation and open space) that
are consistent with the Village of North Palm Beach Comprehensive
Plan;
2. An alteration or expansion of an existing dwelling
unit that does not create additional impact on Public Facilities;
3. The construction of accessory buildings and
structures that does not create additional dwelling units and does
not create additional impact on Public Facilities; and
4. The replacement of an existing dwelling unit when
no additional dwelling units are created.
C. Review to Determine Public Facility Adequacy.
1. General. After the effective date of this Ordinance, no
Application for a Development Permit shall be accepted without
receipt of either an Adequate Public Facilities Determination, a
Certificate of Concurrency Reservation, or a Conditional
Certificate of Concurrency Reservation. The applicant may elect
whether to gain approval of an Adequate Public Facilities
Determination, a Certificate of Concurrency Reservation, or a
Conditional Certificate of Concurrency Reservation pursuant to the
terms of this Ordinance, except that no Application for a
Development Permit for subdivision, plat or replat, or building
permit, shall be accepted without receipt of a Certificate of
Concurrency Reservation.
2. Rules of General Applioabilit
a. Timinc. An Application for an Adequate Public
Facilities Determination or a Certificate of Concurrency
Reservation may be submitted at any time during the year. Review
of the application shall be initiated by the Director of Public
Services pursuant to Sec. VI.C.4 upon receipt of a complete
application. Any application containing false information may be
rejected and any Adequate Public Facilities Determination or
Certificate of Concurrency Reservation issued based upon false
information may be revoked.
b. Assignability and Transferability. A Certificate
of Concurrency Reservation shall be assignable within a proposed
development, but shall not be assignable or transferable to other
developments.
c. Expiration Prior to Receipt of Development Order.
An Adequate Public Facilities Determination shall expire after
three (3) months if an Application for a Development Permit is not
submitted for the proposed development for which the Adequate
Public Facilities Determination has been approved.
of Concurrency Reservation shall expire after one A Certificate
(1) year if a
' development order is not issued for the development for which the
Certificate was approved. A Conditional Certificate of Concurrency
Reservation shall expire after one (1) year if the Development
Agreement and the Application for Development Permit for which the
Conditional Certificate of Concurrency Reservat ion has been
approved is not reviewed and approved.
d. Expiration and Effect.
(1) Adequate Public Facilities Determination. An
Adequate Public Facilities Determination is initially valid for
three (3) months during which time an Application for Development
Permit must be submitted for the proposed development for which
the Determination was approved. If a development order is
approved, the Adequate Public Facilities Determination is valid
for the life of that initial development order. Each subsequent
Application for a Development Permit (except those developments
exempted pursuant to Sec. VI.B) for the development shall be
required to receive a new Adequate Public Facilities Determination,
or a Certificate of Concurrency Reservation, whichever is
appropriate.
(2) Certificate of Concurrency Reservation. A
' Certificate of Concurrency Reservation is initially valid for one
(1) year during which time a development order must be issued for
the development for which the Certificate was approved. If a
development order is approved for the Certificate during that first
year, the Certificate of Concurrency Reservation is valid for the
life of the development order for which it is originally approved.
The Certificate of Concurrency Reservation is then valid for the
life of subsequent development orders for the same development, if
the subsequent development orders are approved prior to the
expiration of the earlier development order for the development,
and the development is not altered to increase the impact of the
development on Public Facilities. The expiration of a development
order shall result in the expiration of the Certificate of
Concurrency Reservation.
(3) Conditional Certificate of Concurrency
Reservation. An application for a Certificate of Concurrency
Reservation considered in conjunction with a Development Agreement
may be conditionally approved as a Conditional Certificate of
Concurrency Reservation consistent with the requirements of this
Ordinance. When the Conditional Certificate of Concurrency
' Reservation is considered in conjunction with the Development
Agreement and Application for Development Permit and finally
approved pursuant to the terms of this subsection, it becomes a
Certificate of Concurrency Reservation. A Certificate of
Concurrency Reservation is valid for the life of the development
order with which it is approved. The Certificate of Concurrency
Reservation is then valid for the life of subsequent development
orders for the same development, if the subsequent development
orders are approved prior to the expiration of the earlier
development order for the project, and the development order is not
altered to increase the impact of the development on Public
Facilities. The expiration of the development order shall result
in the expiration of the Certificate of Concurrency Reservation.
e. Effec
(1) Adequate Public Facilities Determination. An
Adequate Public Facilities Determination shall serve as a statement
that based upon existing Public Facility capacity and planned
Public Facility capacity, adequate Public Facilities are available
to serve the development at the time of the approval of the
Adequate Public Facilities Determination. A subsequent Application
for a Development Permit for development that has been approved
based upon an Adequate Public Facilities Determination shall be
required to receive a new Adequate Public Facilities Determination
or Certificate of Concurrency Reservation, whichever is
appropriate.
(2) Certificate of._.. Concurrency Reservation.
Receipt of a Certificate of Concurrency Reservation shall
constitute proof of adequate Public Facilities to serve the
proposed development. A subsequent Application for a Development
Permit for development for which a Certificate of Concurrency
Reservation has been approved, shall be determined to have adequate
Public Facilities as long as the development order for which the
Certificate of Concurrency Reservation as approved has not expired,
and the development is not altered to increase the impact of the
development on Public Facilities.
(3) Conditional Certificate of Concurrency
Reservation. Receipt of Conditional Certificate of Concurrency
Reservation is a statement that an application for a Certificate
of Concurrency Reservation considered in conjunction with a
Development Agreement has been conditionally approved by the
Director of Public Services because it is demonstrated that (a)
existing available Public Facility capacity up to an amount
sufficient to serve the proposed development has been reserved;
(b) there is reasonable likelihood that the balance of the Public
' Facility capacity needed for the proposed development can be
provided pursuant to a Development Agreement; (c) a request has
been made for the consideration and approval of a Development
Agreement concurrent with the Application for Development Permit
to accommodate the balance of Public Facility capacity needs for
the proposed development, and (d) final approval of a Certificate
of Concurrency Reservation is conditional on the concurrent
approval of a Development Agreement and a development order for the
proposed development. When the Conditional Certificate of
Concurrency Reservation is considered in conjunction with the
Development Agreement and Application for Development Permit and
all the Public Facility component standards of Sec. VII.C.6 are
met, it shall be approved as a Certificate of Concurrency
Reservation.
(f) Amendment of Certificate of Concurrencv
Reservation. An amendment to a Certificate of Concurrency
Reservation shall be required prior to the approval of any
amendment to a development order for which a Certificate of
Concurrency Reservation has been approved if the amendment
increases the need for additional capacity for any Public Facility
' (Potable Water, Sanitary Sewer, Roads, Solid Waste, Drainage,
Recreation and Open Space). The amendment of a Certificate of
Concurrency Reservation shall only require evaluation and
reservation of the additional Public Facility capacity demanded by
the proposed development. Any amendment to a development order for
which an Adequate Public Facilities Determination has been approved
shall require a new Adequate Facilities Determination or a
Certificate of Concurrency Reservation, whichever is appropriate.
3. Effect of Development Agreement in Conjunction with
a Certificate of Concurrency Reservation. A developer may enter
into a Development Agreement with the Village of North Palm Beach,
for those Public Facilities specifying that a Development Agreement
is acceptable, in conjunction with the approval of a development
order and a Certificate of Concurrency Reservation or a Conditional
Certificate of Concurrency, to ensure adequate Public Facilities
are available concurrent with the impacts of development on the
Public Facility. The effect of the Development Agreement shall be
to bind North Palm Beach and the developer pursuant to the terms
and duration of the Development Agreement to its determination
pursuant to Section VI.C. that adequate Public Facilities are
available to serve the proposed development concurrent with the
impacts of the development on the Public Facilities. Any Public
Facility Capital Improvement in the Five (5) Year Schedule of
' Capital Improvements in the CIE on which such a Certificate of
Concurrency Reservation is made in conjunction with the approval
of a development order and a Development Agreement, shall not be
delayed, deferred, or removed from the Five (5) Year Schedule of
Improvements in the CIE.
4. Procedure for Review of Application.
a. submission of Application. An Application for
either an Adequate Public Facilities Determination or a Certificate
of Concurrency Reservation shall be submitted at any time during
the year, to the Department of Public Services in a form
established by the Director of Public Services and made available
to the public. Review of the application shall be initiated by the
Director of Public Services pursuant to Sec. VI.C.2.a. Any
application containing false information may be rejected and any
Adequate Public Facilities Determination or Certificate of
Concurrency Reservation issued based upon false information may be
revoked.
b. Determination of Completeness and Review.
(i) Determination of Completeness. After receipt
of an Application for Certificate of Concurrency Reservation, the
Director of Public Services shall determine within fifteen (15)
' days of initiation of processing whether it is complete and
includes data necessary to evaluate the application. If it is
determined that the application is not complete, written notice
shall be served on the applicant specifying deficiencies. The
Director of Public Services shall take no further action on the
application unless the deficiencies are remedied.
(2) Review and Recommendation of Village
Departments and Service Providers. When the Director of Public
Services determines the application is complete, the application
shall be forwarded to Village Departments and Service Providers fr
review. Within fifteen (15) days, the Village Departments and
Service Providers shall provide a statement as to whether or not
adequate Public Facilities are available, pursuant to the standards
of Sec. VI.C.5 or Sec. VI.C.6, whichever is appropriate.
(3) Decision to Issue or Denv.
(a) Adecuate Public Facilities Determination.
Upon receipt of a statement from the Village Departments and
Service Providers regarding an application for an Adequate Public
' Facilities Determination, the Director of Public Services shall
review the statements and the application within ten (lo) days, and
determine if it complies with all the Public Facility component
standards of Sec. VI.C.5. If the application complies with all of
the Public Facility component standards in Sec. VI.C.5., the
Director of Public Services shall issue an Adequate Public
Facilities Determination.
(b) Certificate of Concurrency Reservation.
Upon receipt of a statement from the Village Departments and
Service Providers regarding the Application for a Certificate of
Concurrency Reservation, the Director of Public Services shall
review the statements and the application within ten (10) days,
and determine if it complies with all the Public Facility component
standards of Sec. VI.C.6. If the Director determines that the
application complies with all of the Public Facility component
standards of Sec. VI.C.6, the Director of Public Services shall
recommend that the Planning Commission review and recommend to the
Village Council that the Council issue a Certificate of
Concurrency Reservation. If the Director of Public Services or the
Planning Commission or the Village Council determines that an
application fails to meet any one (1) of the Public Facility
component standards of Sec. VI.C.6, the applicant shall be notified
of such deficiency, and may, in the case of a Certificate of
' Concurrency Reservation, remedy the application through a
development agreement or other means within ninety (90) days. If
during the ninety (90) day period, the applicant resolves the
deficiencies, the application shall be reconsidered by the Village
Council and approved, approved with conditions, or denied,
consistent with the standards in Sec. VI.C.6. In the case of a
Conditional Certificate of Concurrency Reservation, the applicant
may request approval of Conditional Certificate of Concurrency
Reservation. A Conditional Certificate of Concurrency Reservation
shall be approved by the Village Council if it is demonstrated
that:
(i) all existing Public Facility capacity up to
the amount that could serve the proposed development has been
reserved;
(ii) there is reasonable likelihood that the balance
of the Public Facility capacity necessary to accommodate the
proposed development can be provided pursuant to a Development
Agreement;
(iii) the applicant requests consideration and
approval of a Development Agreement concurrent with the Application
for a Development Permit for which the Conditional Certificate of
Concurrency Reservation is requested for the purpose of ensuring
the standards of Sec. VI.C.6 are met, and;
(iv) the Conditional Certificate of Concurrency
Reservation is conditioned on the concurrent approval of a
Development Agreement and a development order for the proposed
development that complies with the standards of Sec. Y3-1v~.C.6.
5. standards__for Review of Application for
Adequate Public Facilities Determination. The following standards
shall be used in the determination of whether to issue or deny an
Adequate Public Facilities Determination. Before issuance of an
Adequate Public Facilities Determination, the application shall
10
fulfill the standards for each Public Facility component (Potable
Water, Recreation and Open Space, Roads, Sanitary Sewer, Solid
Waste, and Storm Drainage).
(a) Potable Water Facilities. The Potable
Water component shall be approved if any of the following
conditions are met:
(1) Capital Potable Water Facilities are
in place to provide the proposed development sufficient services
' based on the LOS for Capital Potable Water Facilities; or
(2) The Capital Potable Water Facilities
that will provide the proposed development sufficient services
based on the LOS for Capital Potable Water Facilities are under
construction and bonded.
(b) Recreation and Onen space Facilities.
The Recreation and Open Space component shall be approved if any
of the following conditions are met:
(1) Capital Recreation and Open Space
Facilities are in place to provide the proposed development
sufficient services based on the LOS for Capital Recreation and
Open Space Facilities; or
(2) The Capital Recreation and Open Space
Facilities that will provide the proposed development sufficient
services based on the LOS for Capital Recreation and Open Space
Facilities are under construction and bonded.
(c) Road Facilities. The Road component shall
be approved if the proposed development complies with the required
Traffic Performance Standards of Palm Beach County, Florida and the
' LOS for Capital Road Facilities.
(d) sanitary Sewer Facilities. The Sanitary
sewer component shall be approved if any of the following
conditions are met:
(i) Capital Sanitary Sewer Facilities
are in place to provide the proposed development sufficient
services based on the LOS for Capital Sanitary Sewer Facilities;
or
(2) The Capital Sanitary Sewer Facilities
that will provide the proposed development sufficient services
based on the LOS for Capital Sanitary Sewer Facilities are under
construction and bonded.
(e) Solid Waste Facilities. The Solid Waste
component shall be approved if any of the following conditions are
met:
(1) Capital Solid Waste Facilities are
in place to provide the proposed development sufficient services
based on the LOS for Capital Solid Waste Facilities; or
(2) The Capital Solid Waste Facilities
that will provide the proposed development sufficient services
based on the LOS for Capital Solid Waste Facilities are under
construction and bonded.
(f) Storm Drainage Facilities. The Storm
Drainage component shall be approved if the proposed development
has access to a point of legal positive outfall.
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6. standards TOr R0V1eW OI APP110aL1Vn ivi ~ci ~iii~w~c
of Concurreney Reservation. The following standards shall be used
in the determination of whether to issue, issue with conditions,
or deny a Certificate of Concurrency Reservation. Before issuance
of a Certificate of Concurrency Reservation, the application shall
fulfill the standards for each Public Facility component (Potable
Water, Roads, Sanitary Sewer, Solid Waste, Drainage, Recreation and
Open Space).
(a) Potable Water Facilities. The Potable Water
' component shall be approved if any of the following conditions are
met:
(1) Capital Potable Water Facilities are in
place to provide the proposed development sufficient services based
on the LOS for Capital Potable Water Facilities, and a reservation
of capacity has been received from the service provider; or
(2) The Capital Potable Water Facilities that
will provide the proposed development sufficient services based on
the LOS for Capital Potable Water Facilities are under construction
and bonded, and a reservation of capacity has been received from
the appropriate service provider; or
(3) The Capital Potable Water Facilities that
will provide the proposed development sufficient services based on
the LOS for Capital Potable Water Facilities, are committed to be
provided by the applicant pursuant to a Development Agreement.
(b) Recreation and Open Space Facilities. The
Recreation and Open Space component shall be approved if any of
the following conditions are met.
(i) Capital Recreation and Open Space
' Facilities are in place to provide the proposed development
sufficient services based on the LOS for Capital Recreation and
Open Space Facilities, and a reservation of capacity has been
provided for the facilities;
(2) The Capital Recreation and Open Space
Facilities that will provide the proposed development sufficient
services based on the LOS for Capital Recreation and Open Space
Facilities are under construction and bonded, and a reservation of
capacity has been provided for the facilities; or
(3) The Capital Recreation and open Space
Facilities that will provide the proposed development sufficient
services on the LOS for Capital Recreation and Open Space
Facilities shall be provided pursuant to the terms of a Development
Agreement.
(c) Road Facilities. The Road component shall be
approved if the proposed development complies with the LOS for
Capital Road Facilities. In determining whether the road component
meets the requirements of this subsection, the Five (5) Year
Schedule of Improvements in the CIE may be considered only if the
development proposed in the application is phased so that the
impacts of the proposed development and the capacity provided by
the road projects in the Five (5) Year Schedule of Improvements
' will occur concurrently. The phasing of development and
transportation improvements to ensure the LOS for Capital Road
Facilities is met may be addressed through a Development Agreement.
(d) Sanitary Sewer Facilities. The Sanitary Sewer
component shall be approved if any of the following conditions are
met:
(i) Capital Sanitary Sewer Facilities are in
place to provide the proposed development sufficient services based
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on the LOS for Capital Sanitary Sewer Facilities, and a reservation
of capacity has been received from the appropriate service
provider;
(2) The Capital Sanitary Sewer Facilities that
will provide the proposed development sufficient services based on
the LOS for Capital Sanitary Sewer Facilities is under construction
and bonded, and a reservation of capacity has ben received from the
appropriate service provider;
' (3) The Capital Sanitary Sewer Facilities that
will provide the proposed development sufficient services based on
the LOS for Capital Sanitary Sewer Facilities are committed to be
provided by the applicant pursuant to a Development Agreement.
(e) Solid Waste Facilities. The Solid Waste
component shall be approved if any of the following conditions are
met:
(1) Capital Solid Waste Facilities are in
place to provide the proposed development sufficient services based
on the LOS for Capital Solid Waste Facilities; or
(2) The Capital Solid Waste Facilities that
will provide the proposed development sufficient services based on
the Los for Capital Solid Waste Facilities are under construction
and bonded.
(f) storm Drainage Facilities. The Drainage
component shall be approved if the proposed development has access
to a point of legal positive outfall and provides means for
connection of stormwater flow from the proposed development to a
legal positive outfall pursuant to the terms of a Development
Agreement.
VII.
LIBERAL CONSTRUCTION. SEVERABILITY. AND PENALTY PROVISION
D. The provisions of this Ordinance shall be liberally
construed to effectively carry out its purpose in the interest of
the public health, safety, welfare and convenience.
E. If any section, phrase, sentence or portion of this
Ordinance is for any reason held ittvalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision, and such holding
shall not effect the validity of the remaining portion.
VIII.
EFFECTIVE DATE
F. This Ordinance shall become effective immediately upon
passage and shall apply to all Applications for Development Permits
submitted after that date.
PLACED ON FIRST READING THIS 14 DAY OF JUNE , 1990.
PLACED ON PUBLIC HEARING THIS 28 DAY OF JUNE ~ 1990.
PLACED ON SECOND, FINAL READING AND PASSED THIS 28 DAY OF
JUNE , 1990. ~ /~~
(Village Seal) G~~// `//~~~`~j /~~li .
MAYOR
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ATTEST:
Village Clerk ~
This Document was prepared by Craig A. Smith & Associates for the
Village of North Palm Beach, April 1990.
t NPB603.A2
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