Delray Beach |
Land Development Regulations |
Chapter 2. ADMINISTRATIVE PROVISIONS |
Article 2.4. GENERAL PROCEDURES |
§ 2.4.3. Submission requirements.
This Section sets forth items which are to accompany an application for development approval. These requirements may be waived when, on a case by case basis, the Director finds that such material is not relevant or necessary to fully analyze or make a determination relative to an application. Also, the Director may require submission of additional information as set forth herein.
(A)
Standard application items. Every application for a development approval shall contain the following items:
(1)
A completed application form, appropriate for the development approval which is sought, as provided by the Director.
(2)
A copy of the latest warranty deed, as recorded with the County Clerk, for all the property under consideration, and a certificate from an attorney-at-law or a title insurance company certifying who the current fee simple title holders of record of the subject property are, and the nature and extent of their interest therein.
(3)
If the applicant is other than a single person owner, the written consent of the owner(s) must be provided in a certified form. When an application is executed on behalf of a corporation or a business entity, documentation must be provided which demonstrates that the corporation's representative is authorized to act on behalf of the corporation.
(4)
A vicinity map which clearly shows the subject property, adjacent properties, and their relationship to streets located, at a minimum, within one-half mile of the property. Vicinity map shall be at a scale that is readily readable and include sufficient landmarks to quickly identify location of proposed project. [Amd. Ord. 01-08 1/15/08]
(5)
A survey or plat which shows the property described pursuant to the legal description contained in the warranty deed required in subsection (2), above. Such survey or plat shall show all improvements on the property and must be certified as reflecting conditions on the site as they existed within six months prior to the filing of the application.
(6)
For all items which involve a public hearing which must be noticed by letter, a list of adjacent property owners pursuant to Section 2.4.2(B)(1)(n). [Amd. Ord. 78-04 1/18/05]
(7)
Copy of a letter of notification to utility providers to which a copy of the site plan or plat is provided. (Standard form letter provided by the City). [Reference 2.4.2(C)(2)(a)].
(8)
Payment of the appropriate processing fee. See Section 2.4.3(K) for the fee schedule.
(9)
A completed "School District of Palm Beach County - School Concurrency Application and Service Provider Form", and a check or money order for the appropriate fee, made payable to: The School District of Palm Beach County. This is required for all projects which include residential dwelling units. [Amd. Ord. 26-02 7/16/02]
(B)
Standard plan items. The following items shall be included as a part of any plan submission which requires formal action. These include, but are not limited to: a site and development plan, landscaping plan, preliminary engineering plans, or master (concept) plan.
(1)
The survey, site plan, landscaping plan, preliminary engineering plans, tree survey, photometric plan, irrigation plan, (excluding architectural elevations and floor plans, which shall utilize an architect's scale) shall be at the same scale. Acceptable scales shall include one inch equals ten feet; one inch equals 20 feet or one inch equals 30 feet. The size and location of structures, landscape areas, and other features shall be dimensioned. [Amd. Ord. 01-08 1/15/08]
(2)
A title block which shows: the project name, the scale, the date of the drawing, revision numbers and revision dates (revised drawings which do not have revision numbers and dates shall not be accepted), page numbers, name of what is being presented (e.g. landscaping, paving and drainage, etc.), and the name of firm or individual who prepared the drawing.
(3)
A north arrow and a location map inset.
(4)
The perimeter of the property described pursuant to the legal description contained in the submitted warranty deed.
(5)
The center line of the right-of-way of any adjacent street with the basis of the center line clearly stated; the center line of the existing pavement; the width of the street pavement; the location and width of any adjacent sidewalk; and the identification of any improvements located between the property and any adjacent street.
(6)
The approximate location of intersecting lot lines of adjacent parcels and the approximate location of the nearest structures and/or significant improvements on those parcels.
(7)
The location of the nearest driveway or point of access of adjacent properties (including property across a street, which shares a common street with the subject property). If there are no driveways within 50 feet, then they do not need to be shown; however, a note to this situation shall be provided.
(8)
The approximate location of aboveground and underground utilities including water, sewer, drainage, power, gas, telephone, and cable television; poles and guy wires; transformer boxes, etc. The plan shall identify the disposition of all such existing utilities.
(9)
The location of any other significant features, including vegetation and all trees which have a diameter of four inches or greater, measured at four and one-half feet above grade; water bodies and water courses; and other improvements. The plan shall identify the disposition of all such items. A separate tree survey may be required. If so, it shall be at the same scale as the site plan.
NOTE: Items required in (8) and (9) may be shown on one separate plan or survey sheet, and then only those items which are proposed to be incorporated with the proposed development need be shown on the site plan.
(10)
The location of all proposed structures with setbacks dimensioned from the closest property lines.
(11)
The intended use of each structure. This may be accommodated directly on the drawing or by referencing the structures by letter and providing a chart.
(l2)
The paths of ingress and egress for vehicles and pedestrians onto and through the site. Traffic flow shall be indicated with arrows. Standard Manual of Uniform Traffic Control Devices (MUTCD) symbols shall be used to show control devices and pavement markings. A separate flow control plan may be required.
(13)
The location of parking areas and loading zones (areas). The number of parking spaces shall be shown on the plan. The plan shall show typical dimensions of parking spaces, landscape islands, and traffic aisles for each type of parking space which is provided. In addition, a detail showing parking space striping, space sizing, and method(s) of providing wheel stops shall be provided.
(14)
The manner in which all utility services are to be provided to the site and to individual structures on the site.
(15)
The location of any buffers, fencing, walls. A sketch of the type of such feature shall be provided.
(16)
The location of proposed signing with an indication of proposed height and dimensions. (Note: Sign approval is not a part of a site plan approval.)
(17)
A photometric plan showing a preliminary lighting layout including the location of all proposed lighting fixtures shall be provided for all development. A picture or sketch of the lighting fixture including height and a lighting coverage exhibit is required. This shall include details of wall-pack lighting and freestanding lights both proposed and existing. The plan shall show maximum photometric calculation patterns which shall not exceed ten feet spacing. Calculations shall include the average, minimum and maximum foot-candles, average to minimum ratio and maximum to minimum ratio on the site. Plans shall be signed and sealed by a licensed professional knowledgeable in lighting design. [Amd. Ord. 41-08 11/3/08]
(18)
The proposed location for solid waste disposal facilities. A note or detail shall be provided which identifies the height of required enclosures, the type of gating, and the type of materials to be used for the enclosure.
(19)
The location of all landscape areas and an indication of the type of vegetation (trees, shrubs, hedges, groundcover) which is to be provided therein.
(20)
Spot elevations showing changes of elevations of not more than two feet, existing and proposed, throughout the site and at a distance ten feet into adjacent property. Additional spot elevations and/or a topographic plan may be required.
(21)
The F.E.M.A. Flood Plain designation for the property, the base flood elevation, and a statement as to how provisions of the Flood Damage Regulations will be met.
(22)
If project phasing is proposed, such phases shall be clearly shown on the plan and a narrative describing the phasing program shall be provided.
(23)
A completed "Project Data" sheet. This sheet shall be available at the Planning and Zoning Department and shall be unique to different types of development activity (i.e. commercial, industrial, residential).
(24)
Plans which are submitted for formal action shall be stamped with a raised seal and signed by the preparer.
(C)
Landscaping plans. A formal landscape plan, which complies with the provisions of Section 4.6.16, shall:
(1)
Be drawn to scale consistent with the site plan with crowded or tight areas provided in a larger scale presentation.
(2)
Clearly delineate the existing and proposed parking spaces or other vehicular use areas, access aisles, sidewalks, building locations and similar features.
(3)
Contain a Statement of Intent as to the method and coverage of irrigation (irrigation system requires a separate permit).
(4)
Designate by name and location the plant material to be installed or preserved.
(5)
Provide a legend including the botanical and common names, height, spread and spacing of all plant materials.
(6)
Show all landscape features, including areas of vegetation required to be preserved by law, in context with the location and outline of existing and proposed buildings, and other improvements on the site, if any.
(7)
Include a tabulation clearly displaying the relevant statistical information necessary to evaluate compliance with the provisions of this code. This includes the gross acreage, square footage of preservation areas, number of trees to be planted or preserved, square footage of paved areas devoted to parking and circulation, total square footage of interior greenspace and of perimeter greenspace, total number of interior trees provided, percentage of native plant materials and such other information that may be required to determine that the landscape plan meets the requirements of the Code. A separate exhibit which shows the location of areas upon which calculations are based may be required.
(8)
Provide the name, address and telephone number of the person preparing the landscape plans and the owner or agent.
(9)
Show proposed location of outdoor lighting.
(10)
Show proposed location of refuse areas and methods of screening;
(11)
Show proposed location of overhead lines and utility easements.
(12)
Show proposed location of signage.
(13)
Demonstrate that the proposed landscaping will be consistent with existing vegetation preserved on the property.
(14)
Required management plan. For all areas of preserved plant communities larger than one-half acre in area, the owner shall submit with the landscape plan, a narrative management plan indicating the manner in which the native plant communities will be preserved. The narrative shall include:
(a)
Whether or not the existing vegetation is to be preserved in the existing species composition;
(b)
If applicable, the manner in which the composition of existing plant material is to be preserved, hand removal of invasive species, prescribed burning, etc.;
(c)
The maintenance schedule for the removal of exotics;
(d)
The maintenance schedule for the removal of debris.
(D)
Preliminary engineering plans.
(1)
Preliminary engineering plans shall provide information and be in a format as required by Section 2.4.3(B), Standard Plan Items.
(2)
Said plans shall be drawn on a topographic base (unless the use of spot elevations are previously approved by the City Engineer) with topographic features extended to ten feet beyond the site. All plans shall be drawn on a sheet which is 24 inches by 36 inches. [Amd. Ord. 01-08 1/15/08]; [Amd. Ord. 26-93 4/13/93]
(3)
Said plans shall show the approximate location as shown in records of Delray Beach and/or field observations of all existing water, sewer, and drainage facilities along with streets, sidewalks, and above ground improvements which provide service to and on the site. Notes shall state the disposition of all existing facilities including service lines, meters, etc.
(4)
Said plans shall show the proposed location, sizing and design basis of water, sewer, fire suppression, and drainage facilities which are to serve the site, including pertinent calculations, and the method of providing service to the proposed structures. [Amd. Ord. 26-93 4/13/93]
(5)
Said plans shall show the method of providing service to proposed structures.
(6)
Said plans shall show the location of proposed street lights and shall address the responsibility for installation.
(7)
Bus shelters. [Section added by Ord. 13-13 8/20/13]
(a)
Said plans for the following projects shall include a bus shelter:
(i)
A new residential project that has 25 or more units;
(ii)
A non-residential project that is greater than 10,000 square feet;
(iii)
A project that is adjacent to an existing or proposed transit stop.
(b)
When the placement of a bus shelter for a qualifying project would be located less than the standard minimum distance from an existing shelter (applied and determined by Palm Tran), then the project shall contribute the full cost of the purchase and installation of a complete bus shelter.
(c)
New residential projects that have fewer than 25 units, non-residential projects that are smaller than 10,000 square feet, or projects that are not located adjacent to a transit stop shall contribute 50 percent of the cost of the purchase and installation of a complete bus shelter.
(8)
Surface water management calculation indicating the proposed system's ability to meet storm water quality and quantity requirements in accordance with SFWMD (South Florida Water Management District) regulations. [Amd. Ord. 26-93 4/13/93]
(9)
Said plans may include a plan sheet which includes all proposed improvements on one plan sheet at a scale other than what is required in Section 2.4.3 (B) (1). This additional submittal is in addition to plans submitted meeting the scale requirement in Section 2.4.3(B)(1). [Amd. Ord. 01-08 1/15/08]
(E)
Traffic statements and studies. Whenever a land use application, which will add use area or establish a new use which will increase traffic at the site by 201 or more trips per day (net ADT (Average Daily Traffic) is submitted, it shall be accompanied by a traffic study which meets the requirements of the Palm Beach County Traffic Performance Standards Ordinance. [Amd. Ord. 9-97 2/18/97]
(1)
Threshold Exemptions: Developments which generate 201 or more ADT and are located within the City's TCEA are exempt from having to provide a traffic study. [Amd. Ord. 9-97 2/18/97]
(2)
Traffic statement exemptions. All other land use applications which generate 200 or less ADT or are located in the City's TCEA shall be accompanied by a traffic statement which establishes the anticipated net ADT and includes the following: [Amd. Ord. 9-97 2/18/97]
(a)
Type of use and intensity;
(b)
Categorization by the ITE Manual and formula used for establishing gross ADT;
(c)
Capture factors which are applied and attendant calculations;
(d)
Calculation of net ADT;
(e)
Location of project;
(f)
Current (latest) ADT volumes for the street upon which the use takes access(es).
(3)
Transportation demand management. A land use application, which will add use area or establish a new use, that will result in the addition on the premises of more than 50 employees, located in the City's TCEA (Transportation Concurrency Exception Area), shall include submittal of a program to implement employer-based TDM (Transportation Demand Management) activities. These activities may include, but are not limited to, ride sharing, van pooling, and flexible work hours. [Amd. Ord. 36-98 10/6/98]
(F)
Final engineering plans. Final Engineering Plans are construction drawings which have been prepared by a Registered Engineer in a manner acceptable to permitting agencies and in accordance with the latest version of the City of Delray Beach Minimum Construction Standards and Specifications. [Amd. Ord. 13-13 8/20/13]
(1)
Water and sewer plans must be prepared pursuant to requirements of the Department of Health and Rehabilitative Services (HRS)
(2)
Drainage plans must be prepared pursuant to requirements of the South Florida Water Management District.
(3)
Street improvement plans must be prepared pursuant to specifications as set forth by the City Engineer for local streets; and, per Palm Beach County or FDOT requirements for streets which are under the jurisdiction of those agencies.
(4)
Composite utility plans shall show the proposed location of all existing and proposed utilities (water, sewer, power, telephone, gas, cable, drainage devices) and shall be signed by a representative of each utility provider attesting to the fact that services can be accommodated as shown on the composite utility plan. The composite plan shall address the responsibility for relocation of existing services and installation of new services.
(G)
Architectural elevations. The submission for architectural review by the Site Plan Review and Appearance Board or Historic Preservation Board, as appropriate, shall consist of the following:
(1)
A sketch plan showing existing conditions if the architectural review is not associated with an application which requires site plan or preliminary plat review, otherwise, the site plan or plat shall accompany the submission.
(2)
All drawings shall be drawn to scale (architectural scale is permitted) and dimensioned.
(3)
A drawing showing four elevations (east, west, north, south) of proposed structures or of the elevation which is being modified when an existing structure is involved. The drawing shall show all the architectural features of the structure and the manner in which air conditioning and similar items are to be treated. Exterior colors and the type of exterior surfaces, including roofs, shall be described.
(4)
A roof plan which shows the location of equipment and features located thereon.
(5)
Color samples.
(6)
Additional detailed drawings and/or supportive documents necessary to meet the requirements or demonstrate compliance with applicable sections of this Code. [Amd. Ord. 21-04 5/4/04]
(H)
Submission (platting) items. A preliminary or final plat shall contain the items identified in the following subsections. All plats shall be drawn at a scale of one inch equals ten feet, one inch equals 20 feet, or one inch equals 30 feet. All plats shall be drawn on a sheet which is 24 inches by 36 inches. [Amd. Ord. 01-08 1/15/08]
(1)
The preliminary plat. A preliminary plat shall be clearly titled "Preliminary Plat". It must encompass all of the land which is under the legal description contained in the warranty deed(s) and shall show the following information:
(a)
Items 1-5, 6-9, 20, and 21 of the Standard Plan Items listed in Section 2.4.3(B).
(b)
The name and location of adjacent subdivisions and lots.
(c)
All existing easements (recorded or apparent) and existing (internal) property or lot lines along with notations as to the purpose of the easements and reference to their recording instrument. Existing easements and lot lines which are to be removed, abandoned, or relocated shall be shown in dashed lines.
(d)
The proposed boundary lines of new lots and tracts and easements. All such lines shall be dimensioned and the purpose of easements and of restricted use lots and tracts shall be identified.
(e)
All streets shall show proposed street names.
(f)
The proposed location of street trees shall be shown if the subdivision is not associated with a site plan or landscape plan submission. A separate exhibit shall show street tree specifications and planting details. For small subdivisions, the street tree plan may be submitted in the form of a narrative.
(g)
The proposed location of street lights shall be shown if the subdivision is not associated with a site plan or landscape plan submission. A separate exhibit which identifies the type of street lights and the responsibility for installation and maintenance shall be provided.
(h)
If all of the land is not to be subdivided into individual lots but retained in a future development tract, the preliminary plat must show the general location of the anticipated street pattern, routing of utilities, points of access, and the proposed use for such tracts.
(i)
A dedication statement shall be provided. The dedication shall be in the format shown in the City Subdivision Forms. Variations can be made to accommodate unusual situations; however, such variations must be first agreed to by the City Engineer. When the dedication statement provides for common areas, a separate narrative is to be provided which describes the proposed method of ownership and maintenance. [Amd. Ord. 46-95 9/5/95]
(j)
The signature block shall be provided in the format shown in the City Subdivision Forms. [Amd. Ord. 46-95 9/5/95]
(2)
A Final Plat shall be drawn at a scale of one inch equals ten feet, one inch equals 20 feet or one inch equals 30 feet. Individual sheets, their size, marginal lines, and other drafting considerations shall comply with requirements of Palm Beach County for the recordation of plats. Where the final plat requires more than one sheet, each sheet shall be keyed to a master map. The final plat shall show the following: [Amd. Ord. 01-08 1/15/08]
(a)
A map showing the location of the subdivision with respect to Section or Government lot lines.
(b)
A title block as provided on the preliminary plat.
(c)
Boundary lines drawn in compliance with F.S. 177, Land Boundaries.
(d)
The accurate location material of all permanent reference monuments.
(e)
The exact layout, including street and alley lines, street names, bearing angles of intersection and widths (including widths along the lines of any obliquely intersecting street), lengths of arcs and radii, points of curvature and tangent bearings, all easements or rights-of-way where provided; all lot lines with dimensions in feet and hundredths and with bearings or angles if other than right angles to the street or alley lines. [Amd. Ord. 46-95 9/5/95]
(f)
Lots numbered in numerical sequence beginning with number one in each block, and blocks numbered in numerical order or lettered in alphabetical order.
(g)
The accurate identification of all property which is to be dedicated or reserved for public use including open drainage courses and easements, and all property that may be reserved by covenants in deeds for the common use of the property owners in the subdivision with the purposes indicated thereon.
(h)
Mortgagee statements of consent. in the format provided in the City subdivision Forms. [Amd. Ord. 46-95 9/5/95]
(i)
Title Certification by an attorney-at-law or title company, in the format provided in the City Subdivision Forms. [Amd. Ord. 46-95 9/5/95]
(j)
Standard Dedication Statement, in the format provided in the City subdivision Forms. [Amd. Ord. 46-95 9/5/95]
(k)
Standard Signature Block, in the format provided in the City subdivision Forms. [Amd. Ord. 46-95 9/5/95]
(l)
Surveyors Certificate attesting to the accuracy of the survey and the placement of permanent reference monuments, in the format provided in the City subdivision Forms. [Amd. Ord. 46-95 9/5/95]
(m)
Name of the subdivision centered at the top of the page and a north arrow with scale.
(I)
Additional information. Additional information may be required as deemed necessary or appropriate in order to adequately evaluate the development proposal. Also, additional information as required pursuant to a specific type of development application as further described in Section 2.4.5 shall be provided as a part of an initial submittal.
(J)
Combining of submittal items for multiple purpose applications.
(1)
When one project requires more than one application (e.g. rezoning, site plan, abandonment, plat), the information required of a Basic Submission 2.4.3(A) parts (2) through (7) need only be provided with the initial application provided that with each subsequent application an affidavit, signed by the owner or designated agent, verifies that the original information therein has not changed. Any information which has changed must be noted and resubmitted.
(2)
Each site plan application or master plan application must provide a complete basic plan submittal, 2.4.3(B). Information required by subsections (C) and (D) may be shown on the basic plan or may otherwise be combined provided that the submittal remains clear and easy to read. Three separate submittals may be required at the discretion of the Director.
(K)
Fees. Processing fees shall be collected for development applications. The fees shall be as established herein and as modified by ordinance of the City Commission. [Amd. Ord. 46-95 9/5/95]
(1)
Development applications. The following fees shall be charged for development applications. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees.
Fees repealed and replaced by [Amd. Ord. 20-15 10/6/2015]
(a) Abandonment easement row (specific) $1,000.00 (b) Abandonment of easement row (general) $1,000.00 (c) Abandonment of right of way $3,000.00 (d) Ad Valorem tax; Historic $100.00 (e) Address - New Assignment $100.00 (f) Annexation - Voluntary $3,000.00 (2) (g) Appeals - Administrative and all boards $1,000.00 (h) Beach Overlay Fee (N. Beach/Seagate and Ocean) $2,000.00 (1) (i) Beach Project Zoning Verification Letter $250.00 (j) Blanket Sign Program $250.00 (k) Blanket Sign Program Amendment $150.00 (l) Site Plan Review Class I $500.00 Class II $750.00 Class III $1,500.00 (1) Class IV $3,000.00 (1) Class V $5,000.00 (1) Reduced to $4,000.00 with prior sketch plan review within one year. (m) Color Change - SPRAB Approval Required $100.00 (n) Commercial Parking Lot Permit $1,000.00 (o) Comp Plan Amendment/FLUM (large scale) $10,000.00 (p) Comp Plan Amendment/FLUM (small scale) $5,000.00 (q) Comp Plan Text Amendment - Text Amendment $5,000.00 (r) Conditional Use $3,000.00 (s) Conditional Use Amendment $1,500.00 (t) Extensions Class I - Extension $150.00 Class II - Extension $250.00 Class III - Extension $500.00 Class IV - Extension $1,000.00 Class V - Extension $1,500.00 Extension - COA Major $500.00 Extension - Extension Minor $150.00 Extension - Conditional Use $1,000.00 (u) Historic COA Major $1,000.00 (v) Historic COA Minor $500.00 (w) Historic Appeal $750.00 (x) Historic COA Relocation $585.00 (y) Historic Demolition (change Principal or greater than 25 percent) $1,500.00 (z) Historic Demolition: Accessory or less than 25% $750.00 (aa) Historic Designation - District $250.00 (bb) Historic Designation/Change (change individual) $250.00 (cc) In Lieu of Parking Fees $500.00 (dd) Land Development Text Amendment $5,000.00 (ee) Master Plan $3,000.00 (1) (ff) Master Plan - Amendment $1,500.00 (gg) Master Sign Modification (SPRAB) $250.00 (hh) Master Sign Program $500.00 (ii) Off Site parking Agreements (per ten pages) $500.00 (jj) Plat Major Subdivision $3,000.00 (1) (kk) Plat - Minor Subdivision $1,500.00 (1) (ll) Postponement Request $150.00 (mm) Public Notice Signs (per sign) $100.00 (nn) Redevelopment Plan Modification $5,000.00 (oo) Resubmittal Fee (3 rd and subsequent) $500.00 (pp) Rezoning/SAD $5,000.00 (qq) Similarity of Use - Determination $500.00 (rr) Sketch Plan - Formal Review $1,500.00 (ss) Stand Alone Bar $500.00 (tt) Temporary Use - Request - City Commission $300.00 (uu) Variance - Historic Preservation Board/BOA $1,500.00 (vv) Waivers - Administrative (per Waiver) $500.00 (ww) Waivers after site or master plan submittal $2,500.00 (xx) Waivers during site or master plan review $1,000.00 (yy) Water Service Agreement - without concurrent site plans $500.00 (zz) Zoning Verification letter/LDR Interpretation $250.00 NOTES: (1) Plus an additional fee of $100.00 per acre, (or fraction thereof), beginning at 3.01 acres; or $100.00 for each new 10,000 square feet (or fraction thereof) above 100,000 square feet of non-residential or mixed-use floor area; or $50.00 for each new ten residential units (or fraction thereof) above 100 units, whichever is greater, up to a maximum of $3,000.00 per project. (2) Fee may be waived by the City Manager, for properties that have already been developed, or for sites under one acre in size. (3) The Applicant shall be responsible for all advertising fees including newspaper publications. The applicant shall provide pre-addressed envelopes with the required postage for mailed notices. If the required advertising fees are not paid at least four days prior to the hearing, the presiding body, shall postpone action on the application until such fees are paid. In the event such postponement results in additional mailing or publication costs the applicant shall be responsible for the additional fees. (4) Recording fees of any documents shall be paid by the Applicant. (5) An applicant may file a request with the Planning and Zoning Director for the development application review to be performed by an outside consultant selected by the City of Delray Beach, to provide a fast-tracked review. If the request is approved by the Director, the applicant shall pay prior to review an initial preliminary deposit of $10,000.00 which shall be credited toward the overall costs, and shall pay additional deposits of half of the initial deposit whenever the account balance is 20 percent or less of the original deposit. The review costs shall cover 120 percent of the total administrative and outside consultant fees required for the review. At the time the Director determines that no further action is necessary for the review of the request, any remaining funds shall be refunded to the applicant within two months of the determination. (2)
Plan check fees. [Amd. Ord. 25-07 08/21/07]; [Amd. Ord. 20-91 2/26/91]
(a)
The Plan Check fee shall be paid when plans are submitted to apply for the applicable permit. The fee shall be equal to one-half of the permit fee [see item (3)]. This Plan Check fee shall be credited to the cost of the applicable permit at its time of issuance and is non-refundable. [Amd. Ord. 25-07 08/21/07]; [Amd. Ord. 46-95 9/5/95]
(b)
A Change to Plans or Shop Drawings Fee of $75.00 per discipline for the first sheet plus $1.00 per each additional sheet shall be charged for any Plans not submitted with the original permit application. [Amd. Ord. 51-09 10/20/09]; [Amd. Ord. 25-07 08/21/07]
(c)
A Master Plan Submission Fee of $1,500.00 shall be paid when the Master Plan for a project is submitted and is for Plan Review. It is not part of the permit fee and is non-refundable. [Amd. Ord. 25-07 08/21/07]; [Amd. Ord. 42-02 10/15/02]
(3)
Permit fees. Fees associated with permits are applicable per the following. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. No permit fees are included in the imposition of application fees.
Fees amended by [Ord. 23-12 8/7/12]; [Ord. 51-09 10/20/09]; [Ord. 33-09 8/4/09]; [Ord. 25-07 8/21/07]; [Ord. 42-02 10/15/02]
(a) Shrub Clearing Permit: $100.00 and $20.00 for each additional acre above one acre (b) Tree Removal Permit: $25.00 per tree Where a tree has died due to natural causes including disease, lethal yellowing, freezing temp., lightning and storms, or if the tree is of a prohibited species, there shall be no permit fee even though inspection and permit requirements shall be met. $0.00 (c) Temporary Use, not requiring City Commission action (e.g. Tents) $150.00 (d) Work in the Public Right-of-way $15.00 (e) Renewal/Extension of Permit $150.00 (f) Signs and Signing Application Fee $25.00 Minimum Permit Fee $25.00 Permit Fee, non-electric $ 3.00/square feet / face Permit Fee, electric $20.00/Plus $3.00/square feet /face Master Sign Permit Fee $150.00 Master Sign Permit Modification Requiring SPRAB action $75.00 Banner Permit $50.00 each (g) Permits for new buildings and additions which include all the following items: 1. Building Permit 2. Electrical Permit 3. Plumbing Permit 4. Mechanical Permit 5. Roofing Permit For permit activity valued at $1,000.00 or less: — Minimum fee of: $50.00 — Plus: $30.00 per required inspection — Plus: $50.00 per re-inspection (1) — Plus: $100.00/each change of contractor For permit activity valued at $1,001.00 or more: — Minimum fee of: $50.00 and $22.00 per each additional $1,000.00 of value, or fraction thereof — Plus: $50.00 per re-inspection (1) — Plus: $100.00/each change of contractor (h) Permits for miscellaneous items such as driveways, fences, reroofs, residential pools, utility sheds, patios, sidewalks, landscaping, irrigation: For permit activity valued at $1,000.00 or less: — Minimum fee of: $40.00 — Plus: $30.00 per required inspection — Plus: $50.00 per reinspection (1) — Plus: $100.00/each change of contractor For permit activity valued at $1,001.00 or more: — Minimum fee of: $40.00 and $22.00 for each additional $1,000.00 of value or fraction thereof — Plus: $50.00 per reinspection (1) — Plus: $100.00/each change of contractor (i) Permits for sub trade work including, but not limited to: 1. Site work 2. Structural Pest Control 3. Underground Fuel Tanks 4. General Construction 5. Subcontracts for General Construction 6. Commercial Public Pool For permit activity valued at $1,000.00 or less: — Minimum fee of: $50.00 — Plus: $30.00 per required inspection — Plus: $50.00 per re-inspection (1) — Plus: $100.00/each change of contractor For permit activity valued at $1,001.00 or more: — Minimum fee of: $50.00 — Plus: $42.00 for each $1,000.00 of value or fraction thereof — Plus: $50.00 per re-inspection (1) — Plus: $100.00/each change of contractor (j) Moving of a building or structure: $400.00 (k) Demolition of single family residence: $150.00 for every 3,000 square feet or fraction thereof Demolition of commercial structure: $250.00 for every 5,000 square feet or fraction thereof Demolition of commercial accessory building: $150.00 per building Interior demolition for single family and commercial only; non-structural: $200.00 (l) Drilling or Driving a Potable well: $70.00 (m) Change-out Permits: A change-out permit is for work by a sub-trade contractor or qualified owner-builder which involves the repair or replacement of minor components. Minor components include, but are not limited to, showers, sinks, water heaters, air-conditioning condenser units, air-handlers, heat strips, minor duct repair, electrical fixtures, electrical service upgrades, pool pumps, irrigation systems pumps and accessories, and ceiling fans. Value of less than $200.00: $0.00 Value of $200.00 to $1,000.00: $50.00 Value greater than $1,000.00 per normal permit (n) Certificate of Occupancy: — $25.00 for single family and duplex — $50 for commercial and multi-family — Conditional Certificates: $700.00 (o) Penalty for failing to call for a final inspection: $100.00 (p) Penalty where work is begun without a permit: Where work for which a permit is required is started or proceeded with prior to obtaining said permit, the fees herein specified shall be tripled. The payment of such triple fee shall not relieve any persons from fully complying with the requirements of this code in the execution of the work, nor from any other penalties prescribed herein. (q) All service stations, grocery stores, kidney dialysis centers, pharmacies, residential buildings with elevators, country clubs and/or clubhouses in residential communities shall be permitted to install generators and all appurtenances related to generators including fuel storage areas and screening and all permit fees for installation shall be waived. [Amd. Ord. 21-06 4/18/06] (r) Construction Trailer/Container: $250.00 each plus sub trade permits (s) Sales Trailer: $750.00 each plus sub trade permits. (t) Accessory Buildings: Pre-Fab: Up to 36 square feet: $50.00 + $30.00 per required inspection 37 square feet and above: $100.00 + $30.00 per required inspection Site Built: Up to 36 square feet: $100.00 + $20.00 per required inspection 37 square feet and above: $150.00 + $20.00 per required inspection (u) Electrical Inspection of Unoccupied Property for Meter Installation: Residential $250.00 Commercial $300.00 (v) Electrical "Temp for Test" 30-day Power Release: Up to 2,000 square feet $100.00 2,000 square feet to 5,000 square feet $150.00 5,001 square feet to 50,000 square feet $200.00 50,001 square feet and over $300.00 (w) Flood Zone Determination $25.00 per property (x) Foundation Only Permit $1,200.00 single family $2,000.00 multi-family $3,000.00 commercial (y) Early Submission Fee
(pre-certified site plan)$200.00 each (z) Lost/Replacement Plans $150.00 plus printing costs (aa) Custom Bathtub Inspection $50.00 per inspection (bb) Open Permit/Property Search $15.00 per request (cc) Overtime Inspections $100.00/hr (4-hour minimum) (dd) Engineer Letter or Affidavit $50.00 per inspection $100.00 final inspection (ee) Stocking Permit $250.00 (ff) Liquor License Review - Business $100.00 per Application - Special Event $25.00 per Application NOTE (1): Reasons necessitating additional inspection fees include, but are not limited to: * The work, or correction to previously inspected work, does not meet code requirements; * An incorrect address is on the application by action of the applicant; * The work, or correction to previously inspected work, is not ready for inspection at the time specified in the application for reinsertion. (4)
Impact and connection fees. Impact and connection fees are paid at the time of issuance of a residential building permit or at the time of connection to the water or sewer system, as applicable.
(a)
In-lieu of Park Dedication Fee (residential development) [see Section 5.3.2(C)(1)]: $500.00 per unit.
(b)
Traffic impact fee. This fee shall be assessed pursuant to the Palm Beach County Traffic Impact Fee ordinance and shall be collected by the City at the time of issuance of appropriate building permits.
(c)
County imposed impact fees. The following impact fees have been imposed Countywide by the Palm Beach County Commission. These fees shall be in the amount as established by that Commission and are to be paid at the time of issuance of building permits.
— Schools
— Regional Recreation Facilities (partial)
Countywide fees which are not imposed due to the provision of services by the City of Delray Beach are:
— Local and Community Facilities
— Law Enforcement Facilities
— Fire and Emergency Medical Facilities
— Library Facilities
(d)
Water system connection fees. [Amd. Ord. 10-97 2/18/97] Refer to Section 52.31, City Code of Ordinances, for water system connection fees. [Amd. Ord. 10-97 2/18/97]
Meter installation charge: [Amd. Ord. 10-97 2/18/97] Refer to Section 52.32, City Code of Ordinances, for meter installation fees. [Amd. Ord. 10-97 2/18/97]
(e)
Sewer system connection fees. [Amd. Ord. 10-97 2/18/97] Refer to Section 53.130(B), City Code of Ordinances, for residential and commercial sewer system connection fees. [Amd. Ord. 10-97 2/18/97]
(5)
User fees. User charges and storm water assessments are applied through monthly billings by the City.
(a)
Water system user fees. See Chapter 52 of the Code of Ordinances of the City of Delray Beach, Florida. [Amd. Ord. 32-92 09/22/92]
(b)
Storm water drainage utility fee. This fee is variable depending upon the type of use and amount of impervious area associated with its development. Please refer to Section 56.16 of the City Code for further information.
(c)
Sewer system user fees . See Chapter 53 of the Code of Ordinances of the City of Delray Beach, Florida. [Amd. Ord. 10-97 2/18/97]; [Amd. Ord. 33-92 09/22/92]
(6)
Delray Beach Fire-Rescue Department fees. [Amd. Ord. 51-09 10/20/09]; [Section Enacted By Ord. 8-04 2/17/04]
(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 $100,000.00 Charge 0.5% total valuation of work. With a minimum of $50.00. (This works out to $5.00 per thousand dollars of value.) $100,001.00 to$250,000.00 Charge $500.00 for the first $100,000.00 and then charge 0.25% of the balance of the value. $250,001.00 to$750,000.00 Charge $875.00 for the first $250,000.00 and then charge 0.125% of the balance of value. $750,001.00 to$2,000,000.00 Charge $1,500.00 for the first $750,000.00 and then charge 0.0625% of the balance of the value. $2,000,001.00 and up Charge $2,281.25 for the first two million and then charge 0.03125% of the balance of the value. (b)
Set forth below are examples of valuations and estimated correlating fees.
Estimated Valuation Plan Review Fees $10,000.00 and under $50.00 $100,000.00 $500.00 $200,000.00 $750.00 $300,000.00 $937.50 $400,000.00 $1,062.50 $500,000.00 $1,187.50 $600,000.00 $1,312.50 $700,000.00 $1,437.50 $800,000.00 $1,531.25 $900,000.00 $1,593.75 $1,000,000.00 $1,656.25 $1,100,000.00 $1,718.75 $1,200,000.00 $1,781.25 $2,000,000.00 $2,281.25 (c)
Design review. A fee of $100.00 will be charged for design review of drawings or specifications. This amount shall not be refunded.
(d)
Civil drawings. A fee of $100.00 will be charged for the plans review of all civil drawings.
(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 $150.00 shall be paid for all flow tests performed by Delray Beach Fire-Rescue on wet hydrants. [Amd. Ord. 51-09 10/20/09]
(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-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-dollar permit charge for hazardous operations included in Section 1.12.20 of the Florida Fire Prevention Code, and identified by Delray Beach Fire-Rescue as requiring a permit.
(7)
Other development related fees.
(a)
Radon detection fee: $0.01 per square foot of the improvement.
(8)
Exceptions.
(a)
Application and permit fees shall not apply to requests initiated by the City, any agency of the City, or by other units of government.
(b)
Waiver of payment of development application, plan check and permit fees may be granted by the City Manager upon a written request from eligible non-profit and service organizations. Those organizations eligible for waiver consideration are: [Amd. Ord. 59-95 10/24/95]
1.
Non-profit organizations currently receiving a portion of their annual operating budget from the United Way and/or the City and possessing a 501C(3) designation from the State of Florida. [Amd. Ord. 59-95 10/24/95]
2.
Service organizations which elect to sponsor and participate in special event and/or fund raising activities that are of benefit to the general public. For this purpose, eligible organizations must provide in writing the extent of their involvement with the proposed activity. A group's physical presence (active involvement) during the event is required.
(c)
The waiver of fees is applied in the following manner: [Amd. Ord. 59-95 10/24/95]
1.
Fees assessed under Section 2.4.3(K)(1), Development Applications, 100 percent of assessed fees may be waived. [Amd. Ord. 59-95 10/24/95]
2.
Fees assessed under Section 2.4.3(K)(2) and (3), Plan Check and Permit Fees, no more than 70 percent of the assessed fees may be waived. [Amd. Ord. 59-95 10/24/95]
3.
All fees may be waived for the use of the City's portable stage when used in conjunction with special event activities and activities held at City facilities. [Amd. Ord. 59-95 10/24/95]
(L)
Master development plans.
(1)
Submission requirements. The following items constitute the submission requirements for a Master Development Plan (MDP).
(a)
Standard Application Items Pursuant to Section 2.4.3(A).
(b)
Land use map. A graphic representation of the entire site which shows or provides:
-
a location map;
-
adjacent street system and parcels and the uses thereon;
-
project name;
-
development areas identified by land use categories;
-
the general location of major water, sewer, and drainage devices required for the project;
-
legend and tabular data regarding land areas devoted to uses (streets, open space, type of use, etc.), square footage of building use per land use category, and phasing schedule.
(c)
Conceptual development plan(s). A graphic representation of the entire site, phases thereof, or development areas which shows:
-
The relationship between the entire site and adjacent parcels;
-
The relationship between development phases and/or internal development areas;
-
Traffic circulation, parking areas, building locations, landscape areas, and utility facilities;
-
Elevations depicting architectural styles for the proposed development and information regarding architectural details, e.g., building materials, pavement textures, signing materials, lighting fixtures, street furniture, etc.
(d)
Narrative. The narrative shall set forth the following:
-
General information about the project;
-
Statement of character of the project and its specific objectives regarding impact upon the community;
-
Statement as to uses;
-
Phasing sequence, if any, including phasing of the installation of public improvements;
-
Variance, waivers, adjustments or other concessions requested for the project;
-
Statements pertaining to payment of processing, in lieu, impact, and special fees;
-
Statements pertaining to anticipated processing and review sequences;
-
Statements pertaining to initial contact with service providers and/or agencies involved with storm drainage, water management, solid waste disposal and related items as is appropriate;
-
Statements pertaining to compliance with County and City Wellfield Protection requirements, and Hazardous Waste Disposal requirements.
(M)
Credentials for preparation of certain submission items.
(1)
Plans to be certified. The following submissions are to be signed and sealed by the profession which is so authorized by Florida Statutes, (Board of Professional Regulation):
(a)
Boundary Survey by a licensed surveyor or registered engineer;
(b)
Traffic statement or study by a registered engineer;
(c)
A landscape plan by a registered landscape architect;
(d)
A site plan by a registered architect, a landscape architect, or registered engineer;
(e)
Preliminary and Final Engineering Plans by a registered engineer
(f)
Photometric plans shall be signed and sealed by a licensed professional knowledgeable in lighting design. [Amd. Ord. 41-08 11/3/08]
(2)
Exceptions.
(a)
General. Exceptions to the above sign and seal requirement include the preparation of plans, when allowed, by owners and others, who are not registered professionals, pursuant to Florida State Statute.
(b)
Site plans. A site plan to be recorded (certified as meeting conditions of approval) must be signed and sealed without exception. A site plan submission which is to be considered through the formal site plan review process shall be signed and sealed when the site planning involves the application of drainage, landscaping principles, building relationships, and traffic flow concepts. However, the Director may accept a site plan prepared by an owner, or other person, when the site plan is considered as a preliminary submission or when the essence of the review is to evaluate compliance with code requirements as opposed to application of design principles to the proposed development.