2004-29 Amends Public Sites & Open Spaces Cash ContributionsORDINANCE 29-2004
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
• FLORIDA, AMENDING SECTION 36-23, PUBLIC SITES AND OPEN SPACES, OF ARTICLE III
OF APPENDIX B-SUBDIVISIONS, OF THE CODE OF ORDINANCES OF THE VILLAGE TO
PROVIDE THAT CASH CONTRIBUTIONS MADE UNDER THIS SECTION SHALL BE
UTILIZED FOR PARKS AND RECREATIONAL PURPOSES AS DETERMINED BY THE
VILLAGE COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. Section 36-23, Public Sites and Open Spaces, of Article III of Appendix B-
Subdivisions, of the Code of Ordinances of the Village is amended to read as follows:
"Section 36-23. Public sites and open spaces.
Where a proposed school site, park, playground 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. 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.
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 as determined by the village council."
Section 2. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any
reason held by a Court to be unconstitutional, inoperative or void, such holding shall r-ot affect the
remainder of this Ordinance.
Section 3. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
Section 4. This Ordinance shall take effect immediately upon passage.
PLACED ON FIRST READING THIS 14th DAY OF OCTOBER, 2004.
PLACED ON SECOND, FINAL READING AND PASSED THIS 28th DAY OF
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