§ 2.4.6. Procedures for obtaining permits and approvals.

The following procedures shall be followed in obtaining various permits and approvals as indicated by subsection headings.

(A)

General. The following items must be complied with prior to the issuance of any permits under this Section.

(1)

License prerequisite. No permit for erection, construction, installation, or maintenance of any structure, or component thereof, shall be issued unless the person in control of the premises upon which the improvement is to be placed shall have first procured from the City of Delray Beach an occupational license to engage in the business associated with the permit. The fee for an occupational license will be collected and a temporary license issued in the event another agency, such as the Health Department, has not finished final approvals.

(2)

Permits issued to responsible party. All permits must be issued to a duly licensed contractor, except that this shall not be construed to prevent an owner or lessee of property from erecting certain items as contained within these regulations on his own property.

(3)

Payment of fees. No work which requires a permit shall be undertaken without its associated fee being paid. The fees shall be paid as a part of the permit application process. Where work is begun without a permit, the fees provided in Section 2.4.3(K) shall be tripled. The payment of such fee shall not relieve any persons from fully complying with the requirements of these regulations nor from any penalties which may be appropriate.

(4)

Reinspection requirements. Permit fees include the cost of inspecting the work to be done under a permit; however, if additional inspection trips are required, an additional inspection fee [per Section 2.4.3(K)] shall be charged. For example, and not in limitation of the foregoing, reasons necessitating additional inspection fees include, but are not limited to the following:

(a)

The work, or correction to previously inspected work, does not meet code requirements

(b)

An incorrect address is on the application by action of the applicant

(c)

The work, or correction to previously inspected work, is not ready for reinspection at the time specified in the application for inspection.

(B)

Building permits. A building permit is required for all items as set forth in the 2001 Florida Building Code and Chapter 7 of these Land Development Regulations, as amended. A building permit shall be sought via application through the Building Department on an application form as promulgated by the Chief Building Official. Prior to issuance of a building permit, the Chief Building Official shall certify that the provisions of concurrency as set forth in the City's Comprehensive Plan and by Section 3.1.1(B) is, or will be, appropriately met. [Amd. Ord. 5-03 4/15/03]

(1)

Drawings and specifications. [Amd. Ord. 5-03 4/15/03]

(a)

All drawings and specifications shall bear the appropriate seal of engineer or architect as required by State Statute Chapter 471 for engineers and State Statute Chapter 481 for architects and Chapter 553 for threshold buildings. [Amd. Ord. 5-03 4/15/03]

(2)

Plot diagram. [Amd. Ord. 5-03 4/15/03]

(a)

Before a building permit shall be issued, the building department shall be supplied with the following: [Amd. Ord. 5-03 4/15/03]

(i)

Drawings to scale showing the location of the proposed building or structure and existing building or structure on the site or lot. Building permit applicants for developments having had either conditional use or site and development plan approval shall submit two copies of the approved site plan. [Amd. Ord. 5-03 4/15/03]

(ii)

A certified sketch prepared by a Florida registered land surveyor or a Florida registered engineer, showing the boundary line survey of said lot or site and existing building and/or structure, if any. [Amd. Ord. 5-03 4/15/03]

(3)

Permits. [Amd. Ord. 5-03 4/15/03]

(a)

Work to be done by either a general contractor, residential contractor or building contractor as appropriate, holding a current Florida State registration or certification and registered with the City of Delray Beach, Florida. Nothing hereby shall prohibit homeowners from doing this work in accordance with Section 7.1.1. [Amd. Ord. 5-03 4/15/03]

(4)

Conditions of the permit. [Amd. Ord. 5-03 4/15/03]

(a)

The Building Official shall act upon an application for a permit with plans as filed, or as amended, without unreasonable or unnecessary delay. A permit issued shall be construed to be a license to proceed with the work and shall not be construed as authority to violate, cancel, alter or set aside any of the provisions of this code, nor shall such issuance of a permit prevent the Building Official from thereafter requiring a correction of errors in plans or in construction, or violations of this code. Any permit issued shall become invalid (1) unless the work authorized shall have been commended within six months after its issuance, or (2) if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced. [Amd. Ord. 5-03 4/15/03]

(b)

One or more extensions of time, for periods not exceeding 90 days each, may be allowed in writing by the Chief Building Official, pursuant to LDR Section 2.4.4(F). However, only one extension shall be allowed for any permits issued for construction occurring in a single family district as set forth in Subsection 4.4.3(A). All construction shall be completed within 18 months of issuance of the building permit; unless evidence is presented that a shortage of materials or an Act of God has caused the delay in which case the owner/contractor may request an extension of time, from the Chief Building Official, not to exceed six months. In addition to the other penalties herein provided, failure to complete construction within the time allotted or any extension thereof shall result in a penalty equivalent to 100 percent of the original building permit fee, which shall be paid prior to the granting of a Certificate of Occupancy. [Amd. Ord. 30-06 7-11-06]; [Amd. Ord. 5-03 4/15/03]

(5)

Schedule of permit fees. [Amd. Ord. 5-03 4/15/03]

(a)

On all buildings, structures, or alterations requiring a building permit, a fee for each building permit shall be paid as required at the time of filing application, in accordance with the schedule as established herein. [Amd. Ord. 5-03 4/15/03]

(b)

For new buildings, the value of construction for the purposes of calculating permit fees shall be established by the Building Department from recognized sources, such as the latest edition of the Means Cost Estimating Publications. [Amd. Ord. 5-03 4/15/03]

(c)

For additions, remodeling, or partial contracts, the Building Department will accept signed contracts between the owner and contractor as evidence of construction costs or in lieu thereof will determine costs using Means Cost Estimating Publications. [Amd. Ord. 5-03 4/15/03]

(d)

The permit fees to be charged shall be based upon the total cost of the work being performed, including equipment, labor, and material costs required to complete the work as illustrated by the permit drawings. [Amd. Ord. 5-03 4/15/03]

(C)

Certificate of occupancy. A Certificate of Occupancy is required prior to the establishment of use on any site or occupancy of a structure. An occupancy permit shall be sought via application through the Building Department on an application form as promulgated by the Chief Building Official. Prior to issuance of an occupancy permit, the Chief Building Official shall certify that all conditions of approval affixed to an associated development approval and provisions of the 2001 Florida Building Code and Chapter 7 of the Land Development Regulations, as amended, are met. A certificate of occupancy will not be issued for any building or structure or portion thereof which fails to meet all applicable development standards and zoning requirement. [Amd. Ord. 5-03 4/15/03]

A conditional Certificate of Occupancy may be issued when all conditions of development or permit approval are not met but the Chief Building Official has assurance, to his satisfaction, that they will be met and that occupancy will not present a danger to the public's health, safety, or general welfare. A failure to comply with conditions as imposed by the Chief Building Official shall be cause for vacation of use or the structure. [Amd. Ord. 5-03 4/15/03]

Subsections (D) Permits for Individual Signs and (E) Permits for Master Sign Programs deleted in their entirety and Relettered. [Amd. Ord. 14-04 6/22/04];

(D)

Site clearing permit.

(1)

Rule. It shall be unlawful for any person, without first obtaining a permit, to clear real property of shrub vegetation.

(2)

Required information. An application form, and attendant fee, shall be completed and delivered to the Chief Building Official, or his designee. The application form shall be as promulgated by the Chief Building Official.

(3)

Procedure. Upon acceptance of the application, the Chief Building Official shall cause the site to be visited and a report made which provides the status of trees in excess of two inches in diameter at four and one-half feet above the ground. The report shall identify what measures must be taken with respect to tree protection and removal (4.6.19) and erosion control (4.6.17).

(4)

Issuance of permit. Upon acceptance of the report by the Chief Building Official, a permit shall be issued. The permit shall require compliance with the report, a copy of which shall be provided with the permit. The permit shall be valid for a period of 180 days.

(E)

Tree removal permit. [This Section repealed in its entirety by Ord 37-06 9/19/06]

(F)

Temporary use permit. A temporary use shall be required for any of the uses listed below. The granting authority of each use is as shown.

1.

Circuses or Carnivals — City Commission

2.

Uses under a Tent — City Commission or Chief Building Official [Amd. Ord. 41-11 11/15/11]

3.

Sales Offices and Models at a Residential Development Site — Chief Building Official

4.

Construction Trailers and Compounds — Chief Building Official

5.

City Operated Facilities — City Commission [Amd. Ord. 75-91 11/19/91]

6.

Seasonal Farmer's Market — City Commission [Amd. Ord. 45-96 10/15/96]

7.

Temporary Parking Lots — City Commission [Amd. Ord. 13-98 3/17/98]

8.

Horse Drawn Carriage Rides, Ice Skating Rink, Carousel, and Other Related Holiday, Seasonal/Temporary Uses - City Commission [Amd. Ord. 41-03 11/4/03]

(1) Rule. No temporary use shall be allowed except as provided in this Subsection (H) or as otherwise provided for in these regulations.

(2) Required information. A request for a temporary use shall be made via letter to the granting authority. The letter shall contain the following information, as applicable to the use being requested.

(a)

Name of petitioner;

(b)

Name of property owner and consent therefrom;

(c)

Location of site;

(d)

Purpose, activity to be conducted;

(e)

Period of use;

(f)

Proof of ability to connect temporary electric services (see Article 7.2);

(g)

Proof of ability to provide toilet facilities for both men and women on the premises, subject to approval of the County Health Department;

(h)

How foodstuffs are to be handled; In addition, for circuses and carnivals, the following is required:

(i)

The nature of the advertising or promotion activity to be conducted for the circus or carnival;

(j)

Proof of whether or not the applicant, or the individual identified as having the management authority or supervision of the circus or carnival, has been convicted of any crime or misdemeanor and, if so, the nature of each offense and the penalty assessed for each offense;

(k)

If specifically required, copies of all printed advertising proposed to be used in promoting the use;

(l)

If specifically required, credentials from the person, if any, for which the applicant proposes to do business, authorizing the applicant to act as such representative.

(3) Regulations and restrictions.

(a)

Uses under a tent.

1.

The use of a tent, or tents, shall only be as follows: [Amd. Ord. 45-96 10/15/96]

a.

The sale of seasonal items which, when protected from the sun, provides for a less hazardous product for public use (i.e. Christmas tree sales); [Amd. Ord. 45-96 10/15/96]

b.

Assembly occupancies to protect the public from the elements. Tents for these uses can be approved for up to three days by the Chief Building Official Requests for more than three days up to a maximum of seven days requires City Commission approval. [Amd. Ord. 41-11 11/15/11]; [Amd. Ord. 45-96 10/15/96]

c.

The use of tents for retail sales or other commercial use is prohibited, except as otherwise permitted in this section. [Amd. Ord. 45-96 10/15/96]

2.

The tent and site shall comply with the following: [Amd. Ord. 45-96 10/15/96]

a.

The tent shall be approved by the Fire Marshall for fire resistance. [Amd. Ord. 45-96 10/15/96]

b.

Adequate fire protection equipment, in a type and capacity as approved by the Fire Marshall, shall be provided on the premises at all times. [Amd. Ord. 45-96 10/15/96]

c.

Payment of a permit fee [2.4.3(K)] and a deposit of $50.00 which shall be returned upon determination by the Chief Building Official that all debris resulting from the use has been removed from the site. [Amd. Ord. 45-96 10/15/96]

d.

Obtaining of permits for electrical and health and sanitation facilities, as applicable. [Amd. Ord. 45-96 10/15/96]

(b)

Circuses and carnivals.

1.

An investigation of the applicant's business reputation shall be conducted by the City and the request shall not be approved if such investigation discloses tangible evidence that the conduct of the circus or carnival would pose a substantial threat to the public health, safety, morals, or general welfare. [Amd. Ord. 45-96 10/15/96]

2.

Permits for electrical and health and sanitation facilities, as applicable, shall be obtained. [Amd. Ord. 45-96 10/15/96]

(c)

Seasonal farmer's market. [Amd. Ord. 45-96 10/15/96]

1.

A farmer's market may be permitted within that portion of the City's Transportation Concurrency Exception Area that is west of the Intracoastal Waterway, for the purposes of downtown revitalization, subject to the following restrictions: [Amd. Ord. 45-96 10/15/96]

a.

The market must be sponsored by the Community Redevelopment Agency, the Downtown Joint Venture, or other agency which is formulated for the purposes of economic development as approved by the City Commission. [Amd. Ord. 45-96 10/15/96]

b.

Operation of the market is to be limited to the growing season (generally, November through May), but not more than one day per week, unless specifically authorized by the City Commission. The Commission shall establish the specific days and hours of operation, as well as the duration of the temporary use permit. [Amd. Ord. 45-96 10/15/96]

c.

Products to be sold shall consist of agricultural produce, plants and flowers; baked goods; and cheeses. The Commission may also at its discretion approve the limited sale of related products such as handmade crafts, prepared foods, and promotional items bearing the name of the City and the market. The sale of such additional items, if approved, shall be limited to a specific number or percentage of the total vendors. [Amd. Ord. 45-96 10/15/96]

d.

The Commission may approve the design elements of the market (i.e. site layout, types of tents/booths to be erected, etc.), or may defer such elements to the Site Plan Review and Appearance Board (SPRAB) or the Historic Preservation Board (HPB) as appropriate. All elements must comply with applicable health, safety and fire codes. [Amd. Ord. 45-96 10/15/96]

e.

Permits for electrical and health and sanitation facilities, as applicable, shall be obtained. [Amd. Ord. 45-96 10/15/96]

(d)

Horse drawn carriage rides, ice skating rink, carousel, and other related holiday, seasonal/temporary uses. [Amd. Ord. 41-03 11/4/03]

1.

The horse drawn carriage rides, ice skating rink, carousel, and other related holiday, seasonal/temporary uses must be sponsored by the City, Community Redevelopment Agency, the Downtown Joint Venture, or other agency which is formulated for the purposes of economic development as approved by the City Commission. The owner/operator of the horse drawn carriage rides must have a license agreement approved by the City Commission prior to commencing the use. [Amd. Ord. 41-03 11/4/03]

2.

In addition to the holiday, seasonal, and temporary uses referred to in Section 2.4.6(H)(3)(d)(1) above, horse drawn carriage rides are also permitted for certain special events under the terms and for the times permitted in a license agreement. Horse drawn carriage special event rides not governed by Section 2.4.6(H)(3)(d)(1) above, are only permitted between 6:00 p.m. and 10:00 p.m. from June 1 through November 1, except for weddings, which may also occur between the hours of 8:00 a.m. and 12:00 noon from June 1 through November 1. [Amd. Ord. 49-04 11/16/04]

(e)

Temporary parking lots. [Amd. Ord. 41-03 11/4/03]; [Amd. Ord. 13-98 3/17/98]

1.

A temporary parking lot may be permitted within the following areas: [Amd. Ord. 41-11 11/15/11]; [Amd. Ord. 13-98 3/17/98]

a.

the portion of the Central Business District (CBD) and Community Facilities (CF) District which is bounded by Swinton Avenue on the west, the Intracoastal Waterway on the east, N.E. 2 ^nd Street on the north, and S.E. 2 ^nd Street on the south; [Amd. Ord. 13-98 3/17/98]

b.

the portion of the CBD District which is bounded by N.E. 2 ^nd Avenue on the west, the FEC Railway on the east, N.E. 2 ^nd Street on the south, and N.E. 4 ^th Street on the north; [Ord. No. 03-15 2/24/17] [Amd. Ord. 13-98 3/17/98]

c.

the portion of the CBD located east of the Intracoastal Waterway; [Amd. Ord. 13-98 3/17/98]

d.

the non-residential zoning districts bounded by Swinton Avenue on the east, I-95 on the west, N.W. 1 ^st Street on the north, and S.W. 1 ^st Street on the south. [Amd. Ord. 13-98 3/17/98]

2.

Temporary parking lot spaces shall not be used to fulfill minimum off-street parking requirements for new development or redevelopment. Temporary lots may be used to supplement required parking. [Amd. Ord. 13-98 3/17/98]

3.

Prior to issuance of the temporary use permit, the applicant shall submit a site plan which includes proposed grade elevations, landscaping and other information which addresses the regular maintenance of the parking surface and irrigation of the landscaped areas. [Amd. Ord. 13-98 3/17/98]

4.

The City Engineer shall approve the grading plan for the parking lot. The site plan shall be reviewed and recommended for approval by the Parking Management Advisory Board prior to submission to the City Commission for consideration. [Amd. Ord. 13-98 3/17/98]

5.

Permits for temporary parking lots shall be issued for a one-year period. Permits may be renewed annually to a maximum of three years upon review and positive recommendation by the Parking Management Advisory Board. [Amd. Ord. 13-98 3/17/98]

6.

The temporary parking lot shall be monitored for compliance with the approved plan. Should the City Manager find that the operation of a lot is not in compliance or if the lot has an adverse effect on surrounding properties, and the applicant is unable or unwilling to rectify the problem the permit may be reviewed by the City Commission for possible revocation. [Amd. Ord. 13-98 3/17/98]

7.

Within 30 days of expiration of the permit, all rock or gravel surfaces shall either be removed or covered with top soil. The site shall then be sodded or landscaped as determined acceptable by the Planning and Zoning Department. [Amd. Ord. 13-98 3/17/98]

8.

A temporary parking lot shall be constructed to the following specifications: [Amd. Ord. 13-98 3/17/98]

a.

The parking lot surface shall be brought to grade with a dust-free surface of one of the following materials over soil which has been compacted to 95 percent maximum density per AASHTO T-180: [Amd. Ord. 41-11 11/15/11]; [Amd. Ord. 13-98 3/17/98]

1.

four inches of crushed limerock or shellrock coated with a prime coat per FDOT "Standard Specifications for Road and Bridge Construction", latest edition; [Amd. Ord. 13-98 3/17/98]

2.

four inches of pearock, gravel or river rock; or [Amd. Ord. 13-98 3/17/98]

3.

six inches of mulch. [Amd. Ord. 13-98 3/17/98]

b.

If the lot is not operated on a 100 percent valet basis, wheel stops shall be provided as a means to indicate individual spaces. The size of the parking spaces, maneuvering areas and aisle widths shall be subject to the standards of Section 4.6.9(D)(4). In addition, the parking lot shall meet the requirements of the "Florida Accessibility Code for Building Construction". [Amd. Ord. 13-98 3/17/98]

c.

If the lot is operated on a 100 percent valet basis, then wheel stops shall be provided at the edge of the parking surface. [Amd. Ord. 13-98 3/17/98]

d.

The lot shall meet the requirements of Section 4.6.9(D)(3) for access to the street system. Driveway aprons between the edge of pavement and the right-of-way line shall be constructed of asphalt or concrete. [Amd. Ord. 13-98 3/17/98]

e.

The parking lot perimeter shall be buffered with a minimum three feet wide landscape strip, screened with a minimum two feet high hedge or four feet high opaque fence. Water for irrigation shall be available within 50 feet of all landscaped areas. [Amd. Ord. 13-98 3/17/98]

f.

If the parking lot is to be utilized at night, the applicant shall contract with FPL to install supplementary lighting on adjacent power poles where possible. The applicant may, as an option, provide alternative on-site lighting for the parking lot. [Amd. Ord. 13-98 3/17/98]

g.

Trees of four inches or greater diameter at four and one-half feet above the ground shall not be removed. [Amd. Ord. 13-98 3/17/98]

(4) Procedures. Upon receipt of all required information, the granting authority shall take the request under consideration and upon assurance that all applicable regulations and requirements will be met, the authority shall issue a temporary use permit for a period of time as specified in the permit.

(G)

Permit to construct in a flood hazard area.

(1)

Rule. A permit to construct in a flood hazard area (see Chapter 10) must be issued by the Chief Building Official. (Ord. No. 37-17 , § 5, 11-7-17)

(2)

Required information. An application for a permit to construct in a flood hazard area shall be made to the Chief Building Official on forms furnished by him.

(a)

General data. Duplicative plans which are drawn to scale and which contain the following data are required.

•

Nature, location, boundary, and general elevations of the territory under consideration;

•

Existing and proposed structures;

•

Fill areas, storage areas, drainage facilities;

•

The elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures;

•

Elevation, in relation to mean sea level, to which an nonresidential structure has been flood-proofed;

•

Certification from a registered professional engineer, or architect, that the nonresidential flood-proofed structure meets the flood-proofing criteria in Chapter 10; (Ord. No. 37-17 , § 6, 11-7-17)

•

A description of the extent to which any water course will be altered or relocated as a result of the proposed development.

(b)

Construction stage of development. At appropriate stages of construction in a flood hazard area, the following information must be provided as a part of the flood permit requirements:

•

The floor elevation for flood-proofing certification after the lowest floor is complete, or in the instance where the structure is subject to the regulations applicable to Coastal High Hazard Area, after placement of the horizontal structure members of the lowest floor;

•

The above elevation shall be prepared by, or under the direction of, a registered land surveyor or professional engineer and certified by same.

(3)

Procedures.

(a)

Pre-construction. The general data material may be provided as a part of a site plan and/or preliminary engineering plans which are submitted as a part of a site plan or plat submittal. However, a separate submission is required when not so associated. A separate submission shall be processed concurrent with review of the building permit application.

(b)

Construction certification . Upon placement of the lowest floor, or flood-proofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the Chief Building Official a certification of the lowest floor, flood-proof elevation, or elevation of the lowest portion of the horizontal structural member of the lower floor, whichever is applicable, in relation to mean sea level. When flood-proofing is certified for a particular building, said certification shall be prepared by, or under, the direct supervision of a professional engineer and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holder's risk. The Chief Building Official shall review the floor elevation survey data submitted, and any discrepancies detected by said review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to correct deficiencies or to submit the survey shall be cause to issue a stop-work order.

(H)

Certificate of appropriateness for individually designated historic structures and all properties located within historic districts. [Amd. Ord. 38-07 2/05/08]

(1)

Rule. A Certificate of Appropriateness shall be required for the following activities which occur on a designated historic site, designated historic interiors, or within designated historic districts:

Deleted (a) and relettered [Amd. Ord. 38-07 2/05/08]

(a)

Any development application which is processed under these regulations for which action is required by the Site Plan Review and Appearance Board or the Board of Adjustment; and in such case, the Historic Preservation Board shall act in-lieu of such Board.

(b)

Any building, structure, appurtenance, improvement, or landscape feature, which will be erected, altered, restored, renovated, excavated, relocated, or demolished and which regards any exterior architectural features (and interior architectural features in the case of designated historic interiors), landscape features, or site improvements, except for those items specifically exempted by a list promulgated by the Director.

(c)

Any material change in existing walls, fences, sidewalks, hardscape features, and changes of color. [Amd. Ord. 38-07 2/05/08]

A Certificate of Appropriateness is not required for general, occasional maintenance of any historic building, interior, structure, or site, or any building or structure within a historic district or in kind replacement of materials or colors. General, occasional maintenance shall include, but not be limited to lawn and landscaping care and minor repairs that restore or maintain the historic site or current character of the building or structure. General, occasional maintenance shall not include any of the activities described and defined in divisions (1)(a) through (1)(c) of this Section. A Certificate of Appropriateness will not be required for construction, reconstruction, restoration, renovation, or demolition for any interior alteration (except for designated historic interiors). General, occasional maintenance and repair shall also include any ordinary maintenance which does not require a building permit from the City. [Amd. Ord. 38-07 2/05/08]

(2)

Required information.

(a)

Application. When an item goes before the Historic Preservation Board or is reviewed administratively and it is not associated with any land development application, the following information in the form of photographs or plans shall be provided, as applicable: [Amd. Ord. 38-07 2/05/08]

1.

Site plan and/or survey;

2.

Building elevations, and/or architectural drawings, and/or artistic sketches or renderings;

3.

Landscaping plan;

4.

Floor plan(s);

5.

Samples of building materials and color chips;

6.

Engineering reports; [Amd. Ord. 38-07 2/05/08]

7.

Demolition Plans; [Amd. Ord. 38-07 2/05/08]

8.

Window and door schedule providing specifications, to include but not be limited to, window type, material, configuration, dimensions, and profile drawings; [Amd. Ord. 38-07 2/05/08]

9.

Photographs of all existing elevations of the subject property, labeled with cardinal direction and address; [Amd. Ord. 38-07 2/05/08]

10.

Other materials as may be requested by the Planning and Zoning Department or Historic Preservation Board. [Amd. Ord. 38-07 2/05/08]

Also, a standard COA application form, accompanied by payment of a processing fee per Section 2.4.3(K), must be provided. [Amd. Ord. 38-07 2/05/08]

(b)

Class I—Class V Site Plan applications. Applications for Class I- Class V Site Plans shall be submitted in accordance with Section 2.4.3 in conjunction with the applicable information required for a COA provided in (a), above. [Amd. Ord. 38-07 2/05/08]

(3)

Procedure.

(a)

Applications reviewed by the Historic Preservation Board. An application for a COA that requires Board approval, as provided in the COA approval matrix set forth in the Delray Beach Historic Preservation Design Guidelines, as amended from time to time, shall be scheduled for review and action at the next available meeting of the Historic Preservation Board, at which time an action of approval, denial, or approval of a modified application, continuance with direction, or denial may be taken. The Historic Preservation Board shall apply applicable ordinances, Delray Beach Historic Preservation Design Guidelines and the Secretary of the Interior's Standards for Rehabilitation. [Amd. Ord. 38-07 2/05/08]

(b)

Administratively-Reviewed Applications: An application for a COA which does not require approval by the Historic Preservation Board as provided in the COA approval matrix, as amended from time to time, set forth in the Delray Beach Historic Preservation Design Guidelines may be approved administratively in accordance with applicable ordinances, Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. [Amd. Ord. 38-07 2/05/08]

(4)

Conditions. Conditions may be imposed pursuant to Section 2.4.4(C) and to insure compliance with the Standards contained in Section 4.5.1.

(5)

Findings. Prior to approval, a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. [Amd. Ord. 38-07 2/05/08]

(I)

Acceptance of traffic statements and studies. Whenever a land use application 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) is submitted, it shall be accompanied by a traffic study. Exemptions from the need to provide a traffic study and the contents of a traffic statement are found in Section 2.4.3(E). [Amd. Ord. 9-97 2/18/97]

(1)

Rule. Whenever a traffic statement is required, it must be formally accepted by the City Engineer. Whenever a traffic study is required, it must be formally accepted by the City Engineer and forwarded to the County Traffic Division for review.

(2)

Required information.

(a)

A traffic statement prepared pursuant to Section 2.4.3(E); or [Amd. Ord. 9-97 2/18/97]

(b)

A traffic study prepared pursuant to the Palm Beach County Traffic Performance Standards Ordinance.

(3)

Procedures.

(a)

Statement. A traffic statement shall be submitted as a part of the development application when the development generates 200 or less ADT (Average Daily Trips). A traffic statement may be provided separately to the City Engineer prior to submission of a full development application. [Amd. Ord. 9-97 2/18/97]

(b)

Study. A traffic study, when needed, shall be submitted as a part of the development application. Within ten days of its receipt, it shall be either rejected or accepted by the City Engineer. If rejected, processing of the development application may cease until an acceptable study is received.

If accepted, the City Engineer shall forward the traffic study along with his comments and recommendations to the Palm Beach County Traffic Division for further review, comment, and possible appeal pursuant to the Palm Beach County Traffic Performance Standards Ordinance.

(4)

Conditions. Conditions are not appropriate with respect to acceptance of a traffic study; however, conditions of approval of the development application may be established based upon the results of the traffic study. The conclusions of the traffic study, as prepared by the applicant's consultant, may be modified by the City Engineer and/or the Palm Beach County Traffic Division.

(J)

Approval of drainage plans.

(1)

Rule. Prior to approval of a plat, certification of a site plan, or issuance of a building permit, as is appropriate, the City Engineer shall certify that the associated drainage plan(s) is acceptable.

(2)

Required information. The following information is required in order to certify the acceptance of a drainage plan:

(a)

A copy of the drainage plan prepared pursuant to Section 2.4.3(D) or 2.4.3(F), as appropriate, by a qualified individual, signed and sealed.

(b)

A standard application prepared for the South Florida Water Management District, the Lake Worth Drainage District, or the City of Delray Beach, as appropriate.

(c)

A permit issued by the South Florida Water Management District or the Lake Worth Drainage District, as appropriate or a letter of exception from them.

(3)

Procedures.

(a)

Preliminary Plans and/or Small Scale Projects: Such drainage plans shall be provided as a part of the development application and shall be processed as are other portions of such submission. These plans do not need to be certified.

(b)

Final Drainage Plans: A final drainage plan which requires approval by either South Florida Water Management District or the Lake Worth Drainage District shall be submitted to them under separate application with a copy of the submission, clearly noted as such, provided to the City prior to, or concurrent with, a final plat or a request for certification of a site plan.

A project which does not require review and approval by the above entities shall be submitted directly to the City Engineer for approval.

(4)

Findings. Prior to certifying any drainage plan, the City Engineer must find that the drainage plan:

(a)

Has been approved by the either South Florida Water Management District or Lake Worth Drainage District, as appropriate and if necessary;

(b)

Is in compliance with general engineering practice as exercised by the City of Delray Beach; and,

(c)

Is consistent with and compatible to the approved site plan, landscaping plan, and/or associated plat.

(K)

Approval of water and/or sewer plans.

(1)

Rule. Prior to approval of a plat, certification of a site plan, or issuance of a building permit, as is appropriate, the City Engineer shall certify that the associated water and sewer plans are acceptable.

(2)

Required information. The following information is required in order to certify the acceptance of water and sewer plans:

(a)

A copy of the plans prepared pursuant to Section 2.4.3(D) or 2.4.3(F), as appropriate, by a qualified individual, signed and sealed.

(b)

A standard application prepared for the County Department of Health and Rehabilitative Services (H.R.S.) or the City of Delray Beach, as appropriate.

(c)

A permit issued by the H.R.S. or a letter from the City Director of Utilities stating that such a permit is not required.

(3)

Procedures.

(a)

Preliminary plans and/or small scale projects. Such plans shall be provided as a part of the development application and shall be processed as are other portions of such submission. These plans do not need to be certified.

(b)

Final plans. Final water and sewer plans which require H.R.S. approval shall first be submitted to the City's Utilities Department for review and approval prior to forwarding to H.R.S. Such plans must be provided to the City prior to, or concurrent with, a final plat or a request for certification of a site plan.

A project which does not require review and approval by the H.R.S. shall be submitted directly to the City Utilities Department for approval. Upon approval, the Director of Utilities shall notify the City Engineer of such action.

(4)

Findings. Prior to certifying any water or sewer plan, the City Engineer must find that the plan:

(a)

Has been approved by the either H.R.S. or the Director of Utilities, as appropriate;

(b)

Is in compliance with general engineering practice as exercised by the City of Delray Beach; and,

(c)

Is consistent with and compatible to the approved site plan, landscaping plan, and/or associated plat.

(L)

Approval of work in the public right-of-way or a public easement.

(1)

Rule. A work permit shall be required for construction, excavation, or repair work in public rights-of-way or public easements, including bicycle paths and sidewalks and for work owned by the City or dedicated to the City. Such permits shall be required for:

(a)

Work which includes, but is not limited to, water and sewer systems, street paving, bridges, sidewalks, driveways, swales, curbs, median paving, overhead and underground structures and cable systems, or any other underground installation;

(b)

And for routes for moving houses, buildings, or heavy equipment;

(c)

And use of rights-of-way for purposes other than for which they were intended;

Infrastructure improvements which are being done pursuant to an approved plat or certified site plan do not require a separate work permit.

(2)

Required information. The following information is required when seeking a work permit:

(a)

An "application for work permit" as promulgated by the City Engineer;

(b)

Agreements, per standard format, which address liability and restoration matters;

(c)

Two sets of plans depicting the proposed work;

(d)

Processing fee per Section 2.4.3(K).

(3)

Procedures. An application shall be delivered directly to the City Engineer who shall be responsible for its processing. The City Engineer is hereby authorized to approve, deny, or approve with conditions such an application.

(4)

Compliance requirements and conditions.

(a)

The applicant must agree to inform the City Engineer of commencement of work, allowing sufficient time for establishing field control points and orders providing for traffic control.

(b)

The applicant must agree to assume full responsibility for any injury to persons, and for any damage to property of existing facilities that may arise as a result of the work for which a permit is obtained.

(c)

The applicant must agree to immediately restore all property which is disturbed or damaged in connection with the work for which the permit was issued; and further agree that if he fails to do so, the City may proceed to do so and all costs thereof, including a reasonable attorney's fee and court costs shall be borne by the applicant.

(d)

Work under the permit shall be discontinued on Saturdays, Sundays, or legal holidays except in cases where the work must proceed in order to protect the public health, safety or welfare and for which permission must be first obtained from the City Engineer.

(e)

If the City Engineer determines that there is a likelihood of damage, he may require the applicant to post a bond or other equivalent security in an amount which shall be set by the City Engineer and in a form with surety and conditions approved by the City Attorney.

(5)

Findings. Upon satisfaction of the above, the City Engineer shall issue a work permit which is not transferable and which shall be void after 60 days from the date of issuance unless work has been started.

(M)

Abandonment of rights-of-way.

(1)

Rule. Public right-of-way may be abandoned (returned) to the fee description of adjacent property to the same degree in which it was originally obtained, i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels. Abandonment of right-of-way may be granted by a formal resolution enacted by the City Commission.

(2)

Required information.

(a)

An application form as promulgated by the City Engineer

(b)

A survey of the property which is to be abandoned with said survey showing all improvements (including utility locations) which are within or immediately adjacent to the property to be abandoned; and including adjacent property lines and identification of property owners and business located thereon.

(c)

A mailing list containing the information described in Section 2.4.2(B)(1)(m). [Amd. Ord. 8-97 2/18/97]

(3)

Procedure. Upon receipt of the above information, the following procedures shall be followed under the direction of the City Engineer:

(a)

Certification that the submittal is complete and accurate;

(b)

Distribution of the application and survey to all utilities who have or may have facilities within the easement or adjacent to it;

(c)

Distribution to appropriate City departments who may have an interest in the property, e.g. Fire Department, Police Department, Parks and Recreation Department;

(d)

Notification pursuant to Section 2.4.2(B)(1)(i). [Amd. Ord. 8-97 2/18/97]

(e)

Upon receipt of all review comments, the application with the recommendation of the City Engineer shall be forwarded for review at an advertised public hearing before the Planning and Zoning Board. The recommendation of the Planning and Zoning Board shall be forwarded to the City Commission; [Amd. Ord. 8-97 2/18/97]

(f)

If approved, the abandonment shall be evidenced by a resolution of the City Commission. After adoption, the resolution shall be recorded in the public records of Palm Beach County. Where deemed necessary by the City Engineer, an abandonment shall be consummated through the filing of a boundary plat, or replat, of the property to be abandoned and the receiving properties. [Amd. Ord. 8-97 2/18/97]

(4)

Conditions. Conditions may be imposed upon an abandonment to:

(a)

Insure timely consummation;

(b)

Insure compliance with required findings;

(c)

Require enhancement of the (to be) former right-of-way in order to accomplish certain objectives and policies of the Comprehensive Plan e.g., street beautification;

(d)

Require replacement easements and/or relocation of existing utilities, as may be appropriate;

(e)

Cause reversion or voiding of the abandonment in the event of a failure to comply with other conditions.

(5)

i Prior to granting an abandonment the City Commission must make the following findings:

(a)

That there is not, nor will there be, a need for the use of the right-of-way for any public purpose; [Amd. Ord. 8-97 2/18/97]

(b)

That the abandonment does not, nor will not, prevent access to a lot of record;

(c)

That the abandonment will not result in detriment to the provision of access and/or of utility services to adjacent properties or the general area.

(N)

Abandonment of public easements.

(1)

Rule. A general utility easement dedicated to the City or to the Public may be abandoned. Abandonment of such easements may be granted by a formal resolution enacted by the City Commission.

(2)

Required information.

(a)

An application form as promulgated by the City Engineer.

(b)

A survey of the property within the easement which is to be abandoned with said survey showing all improvements (including utility locations) which are within or immediately adjacent to the easement.

(c)

A copy of the original plat, or portion thereof, or a copy of the original instrument which created the easement.

(3)

Procedure. Upon receipt of the above information, the following procedures shall be followed under the direction of the City Engineer:

(a)

Certification that the submittal is complete and accurate.

(b)

Distribution of the application and survey to all utilities who have or may have facilities within the easement or adjacent to it.

(c)

Upon receipt of all review comments, the application with the recommendation of the City Engineer shall be forwarded to the City Commission for action.

(d)

If approved, the abandonment shall be consummated through the recordation of the enacting resolution.

(4)

Conditions. Conditions may be imposed upon an abandonment to:

(a)

Insure timely consummation;

(b)

Require replacement easements and/or relocation of existing utilities, as may be appropriate.

(5)

Findings. Prior to granting an abandonment the City Commission must make the following finding:

(a)

That the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area.

Subsection (Q) Determination of Similarity of Use deleted in its entirety. [Amd. Ord. 50-97 11/18/97]