Chapter 12-1: GENERAL PROVISIONS

CHAPTER 12 – DIVISION 1.  GENERAL PROVISIONS

Sec. 12.1.1   Purpose

The purpose of this Article is to establish procedures for the issuance of all development permits for the development of land within the Town of Hillsboro Beach, Florida.

Sec. 12.1.2   Development Review Administration

The Town Commission shall designate a paid Town staff person to be responsible for the coordination, review, issuance and enforcement of development orders as set forth in this Article. The designated party, the Development Review Official (DRO), will be responsible for:

(a)        Accepting and processing applications for development permits.

(b)        Reviewing applications for completeness.

(c)        Initiating development review procedures.

(d)        Coordinating the review of applications for development permits.

(e)        Delineating areas of noncompliance with the Town's development require­ments.

(f)        Defining steps necessary to bring permit applications into compliance with development requirements.

(g)        Issuing development orders in compliance with the requirements and procedures of this Article.

Sec. 12.1.3   Application and Requirement for Development Permits

No application for a development permit for the development of land within the Town of Hillsboro Beach shall be reviewed or development permit issued, except in compliance with the requirements and procedures set forth in this Article.

(a)        Major Review: Applications for a multifamily development permit of twen­ty (20) or more dwelling units, final plat approval to applications for rezoning and DRI development orders shall be subject to major review. An application for a development permit requiring major review shall comply with the following:

(1)        The applicable provisions of this Article.

(2)        The applicable provisions of the Town's Zoning Ordinance as amend­ed from time to time.

(3)        The applicable provisions of the Town's adopted Comprehensive Plan and Certified Future Land Use Element.

(b)        Minor Review: Any application for a development permit for single family or multifamily with less than twenty (20) dwelling units not shall be subject to minor review. All applications for development permits re­quiring minor review shall comply with the following:

(1)        The applicable provisions of Divisions 1, 2, 4, 5 and 6 of this Article.

(2)        The applicable provisions of the South Florida Building Code.

(3)        Applications for a development permit subject to minor review that do not require review by the Development Review Committee, pursu­ant to Section 12.1.4 (d), shall comply with all applicable re­quirements of this Article.

(4)        The applicable provisions of the Town's adopted Comprehensive Plan and Certified Future Land Use Element.

(c)        Exempt Development: Notwithstanding any other provision of this Article, the following activities shall not require compliance with Divisions 2, 3 and 4 of this Article:

(1)        Construction of bus stop shelters.

(2)        Sculptures, fountains, and other landscaping improvements unless within or abutting the right-of-way of SR A-1-A.

(3)        Signs.

(4)        Diminution in size of a structure or interior alterations of a building not involving a change of use.

(5)        Demolition of a structure, provided that natural vegetation and natural resource areas are not disturbed.

(d)        Service Charges and Cost Recovery. Reasonable service charges, or fees, shall be collected for the administrative processing and review of ap­plications for development permits submitted to the Town for review and approval. The schedule of service charges, or fees, to be collected shall be established by resolution of the Town Commission and incorpo­rated into the Town Administrative Code.

            In addition to the service charges and or fees collected above, the Town will impose a consultant fee for the various costs attributable to the use by the Town of outside consultants for reviewing and processing development approval requests. Such consultant fee shall be equal to the various costs of the outside fee consultant time expended and actual expenses, including but not limited to advertising, xeroxing and long distance phone calls. The Town will establish a schedule for initial deposits of the development approval applicants. A financial account will be established for each development approval application. Depending on the review process required, additional deposits may be required. The financial account will remain active during the development review peri­od and extending for two (2) months beyond the granting of a development order. At this time, any remaining funds will be returned to the appli­cant. The Town and its outside consultants will maintain adequate finan­cial records depicting charges of hours and expenses.

(e)        Computation of Time. If the last day of a time period is a Saturday, Sunday or legal holiday the period shall run until the end of the next day which is neither a Saturday, Sunday nor legal holiday.

Sec. 12.1.4   Development Review Procedures

Any application for a development permit required or authorized under this Code of Ordinances shall require an effective development order to be granted by the Town Commission or the Development Review Official (DRO) prior to issu­ance of the development permit. The DRO shall be the central intake point for filing all applications and supporting documents for development permits. Except as otherwise provided in this Article, the following procedures shall govern the review of applications for development permits subsequent to fil­ing.

(a)        Completeness of application. The DRO shall review the application for development permit to determine its completeness. Within five (5) work­ing days after receipt, the DRO shall either accept the application if it is complete, or reject the application if it is incomplete and for­ward to the applicant a notice of incompleteness specifying the data missing from the application received. The determination of completeness in this subsection does not include the submission requirement set forth in Division 3 (a).

(1)        If a notice of incompleteness is not sent, the application shall be deemed accepted for purposes of beginning the time limits of this Division on the sixth (6th) working day after the filing of the application.

(2)        If a notice of incompleteness is sent, the applicant may resubmit the application with the additional data required, in which event the DRO shall review the resubmitted application in the manner provided in this Subsection for the original application.

(b)        Application review. Upon acceptance of an application for development permit requiring major review, the DRO will consult with the Mayor and Town Planner and identify departments and affected agencies and or par­ties which should participate in the development review. The DRO shall forward a copy of the application and accompanying material to each identified party.

            Departments, agencies and parties considered for review include:

(1)        Town departments and or consultants: police, utilities, building official, consultant engineer and consultant planner.

(2)        Broward County departments and agencies: Engineering Division, Traffic Engineering Division, Office of Planning, Planning Coun­cil, Mass Transit Division, Utilities Division, Water Resources Management Division, Broward County School Board, Soil Conserva­tion Service, Building and Zoning Enforcement Division, Broward County Public Health Unit, Broward County Sheriff's Office, Fire Marshall's Office, Environmental Quality Control Board and Soil Conservation Service.

(3)        State, Regional and Federal departments and agencies: Florida Department of Transportation, Florida Department of Natural Re­sources, Florida Department of Community Affairs, Florida Depart­ment of Environmental Regulation, State Forestry Division, South Florida Water Management District, South Florida Regional Planning Council, Florida Inland Navigation District and Army Corp of Engi­neers.

(4)        Utility providers and adjacent cities: Deerfield Beach, Lighthouse Point and Pompano Beach, Florida Power and Light Company, Bell South Company and Broward County.

(c)        Review responsibilities. A tabular form summarizing the development application, review input desired and supporting information will be forwarded to each affected agency or department. Each reviewing agency will be requested to complete the tabular form and add any additional written comments and recommendations regarding the application for de­velopment permit. Each review agency will be requested to return the tabular form to the DRO within fifteen (15) working days.

            The DRO may waive agency review, in whole or in part, under this Section upon a determination that such a review is not required, information previously provided to the DRO is applicable to the subject development application, or a similar application review has already been made re­garding the same land and no change in circumstances has occurred which necessitates further review.

(d)        Committee review. The Town Commission will function as the Development Review Committee. As a part of this process, the Town Commission may request additional technical support from Town employees and outside consultants. Applications for development permits shall be reviewed by the Development Review Committee at the second regularly scheduled monthly Town Commission workshop after the application has been found complete; provided however, if the application is not subject to major review and is for development of fewer than twenty (20) dwelling units, the DRO may schedule the application for DRC review at the first regu­larly scheduled monthly workshop provided that the application was found complete by the 6th working day of the month.

(e)        Meeting Summary. Within five (5) working days of the Development Review Committee's consideration of the application for development permit, the DRO shall forward to the applicant a written review of matters discussed at the meeting regarding compliance with relevant regulations.

(f)        Amendment to application. An application for a development permit may be amended by the applicant after it has been accepted. The DRO shall exam­ine the amendment at the point in the reviewing process at which it occurs to determine if any portion of the reviewing process must be repeated. If any such portion must be repeated, the DRO is authorized to extend the time limits prescribed in this Section as long as necessary to undertake such additional review, but not to exceed thirty (30) cal­endar days from the date that the amendment is received.

(g)        Required action by other county board or agencies. In the event this Code of Ordinances requires that a development permit not be issued until acted upon by some County board or agency other than the Town Commission, then the DRO shall forward the application for development permit to such County board or agency for appropriate action prior to the issuance of a development order pursuant to Section 12.1.4 (h) and 12.1.4 (j) of this Division or the notification to an applicant that an application is ready to be presented to the Town Commission pursuant to Section 12.1.4 (i) of this Division. The time limits of said Sections shall be extended to accommodate such additional board or agency action.

(h)        Minor review: Development order. Upon receipt of a completed application for development permit subject to minor review, the DRO shall make a determination, based upon input from the Town Mayor and Town Planner.

(1)        that the application complies with the applicable standards and minimum requirements of this Article, or that vested rights exist with regard to any noncompliance, in which case the DRO shall forward the application to the Town Commission for review and approval and upon approval of the Town Commission shall issue a development order granting the application; or

(2)        that the application is not in compliance with the applicable standards and minimum requirements of this Article, have been determined by the DRO to be reasonably necessary to ensure compli­ance with the applicable standards and minimum requirements of this Article, and vested rights exist with regard to any noncom­pliance in which case the DRO shall issue a development order granting the application with such conditions; or

(3)        that the application is not in compliance with the applicable standards and minimum requirements of this Article, in which case the DRO shall forward a recommendation to the Town Commission recommending a development order denying the application.

A development order denying an application shall include a state­ment of the basis for denial. A development order granting an application with conditions shall include a statement of said conditions and the bases therefor.

(i)         Major review: Development review report and notice to applicant. Within five (5) working days from the acceptance of the application for devel­opment permit subject to major review, the DRO shall prepare a written Development Review Report with proposed findings and a recommendation of the DRC, and forward a notification of preparedness to the applicant stating that the report is complete and the application is ready sched­uled to be presented to the Town Commission. Any waiver granted under Section 12.1.4(c) (1) of this Division and the reasons therefor shall be explained in the Development Review Report.

(j)         Major Review: Development Order.

(1)        At a regularly scheduled public meeting the Town Commission shall review the application for conformity to this Article and shall act upon the application. The Town Commission shall make one of the following determinations:

a)         that the application is in compliance with the applicable standards and minimum requirements of this Article or that vested rights exist with regard to any noncompliance, in which case the Town Commission shall adopt a development order granting approval of the application;

b)         that the application is not in compliance with the applica­ble standards and minimum requirements of this Article, in which case the Town Commission shall adopt a development order denying the application; or

c)         that the application is not in compliance with the applica­ble standards and minimum requirements of this Article but conditions have been determined by the Town Commission to be reasonable necessary to ensure compliance with the applica­ble standards and minimum requirements of this Article, and that vested rights exist with regard to any noncompliance, in which case the Town Commission shall adopt a development order granting approval of the application with said condi­tions.

d)         that the application is not in compliance with the applica­ble standards and minimum requirements.

(2)        A final determination by the Town Commission under this Subsection may be deferred if the Town Commission finds that available infor­mation is insufficient on which to base either approval or denial of a particular application; and the Town Commission directs or has directed that a specific study commence to provide the Town Commission with information sufficient to form the basis on which to approve or deny the application and the study will be completed within a time certain, not to exceed six (6) months from the date of the Town Commission's determination under this subsection; provided, however, as a prerequisite to directing that a specific study commence to provide the Town Commission with information sufficient to form the basis on which to approve or deny a partic­ular application, the Town Commission shall identify the inadequa­cy of the information available with respect to the application.

(k)        Reinstatement of Development Orders. An application for platting denied in accordance with Section 12.1.4 (h)(3) or (j)(1)(b) solely on the basis of inadequacy of the regional transportation network may be rein­stated provided that all of the following conditions are met:

(1)        The Applicant, within seven (7) calendar days of the denial, noti­fies the DRO of an intention to develop an Action Plan, and pays any appropriate fees established by the Town Commission for the review of an Action Plan.

(2)        The Applicant submits a complete Action Plan, as defined in guide­lines approved by the Town Commission, to the DRO within 125 cal­endar days from the notification of intent to develop an Action Plan.

a)         The DRC shall review the Action Plan at a regularly sched­uled monthly workshop of the Town Commission and provide the applicant with its recommendations.

b)         The applicant, within five (5) working days of the issuance of the DRC recommendation, shall either:

1)         Provide the DRO with a written authorization to pro­ceed to the next available Town Commission meeting with the proposed Action Plan, and the proposed plat if the development order is for a plat, or

2)         Submit a revised Action Plan to the DRC. The DRC shall review the revised Action Plan at the next regularly scheduled monthly workshop of the Town Commission at which time the DRC shall issue a revised report. With­in five (5) working days of issuance of the revised report, the applicant shall provide the DRO with a written authorization to proceed to the next available Town Commission meeting with the proposed Action Plan and the proposed plat if the development order is for a plat.

c)         Failure by the applicant to meet the time frames of para­graphs (1) and (2) above shall constitute withdrawal of the notification of intent to develop an Action Plan.

For an application reinstated under this provision, the DRO shall submit the previous Development Review Report, amended by the approved Action Plan, for scheduling if said applica­tion is for plat approval. The Town Commission shall consid­er the application for plat approval based on the conditions which existed at the time of the denial, except for the provisions of the approved Action Plan. The DRO shall ap­prove the application for a development permit subject to minor review based upon the conditions that existed at the time of the denial, except for the provisions of the ap­proved Action Plan.

(l)         Effect of Development Order.

(1)        Except as otherwise provided in this Article, a development order shall remain effective for a period of eighteen (18) months from the date of its adoption.

(2)        No development permit shall be issued except pursuant to an effec­tive development order.

(3)        No development permit shall be issued for a development which is inconsistent with the development order governing such develop­ment.

(m)       Vested Rights.

(1)        Existing Agreements Giving Rise to Vested Rights:

The Town of Hillsboro Beach recognizes that certain property own­ers or developers may have a claim to a vested right based upon agreements with the Town entered into prior to March 13, 1989, the adoption date of the 1989 Hillsboro Beach Comprehensive Plan. The Town recognizes that such rights would arise in a circumstance where:

a)         All Regional Roads.

1)         The agreement provided for the developer to undertake or fund a road improvement which exceeded the develop­er's obligation under any plat approval; and

2)         The agreement contains language or evidences the in­tent that construction of the road improvement would should satisfy the developer's obligation to ensure the adequacy of the regional road network with regard to specified development on a described parcel which was not undergoing platting; and

3)         The developer acted in reliance upon the agreement and is not in default of the provisions of the agreement.

b)         Specific Road Segment.

1)         The agreement provided for the developer to undertake a road improvement which is unrelated to plat approv­al; and

2)         The developer did not receive payment or credit for such improvement since it was determined that the road would be required to provide safe and adequate access to the unplatted property; and

3)         The developer constructed the road to service his development without any compensation; and

4)         In such circumstances the vested trips on the road segment constructed by the developer shall not exceed the lesser of; the number of trips the road improve­ment can accommodate at Level of Service D or the number of trips generated on the segment by the inten­sity or density of development specified in the agree­ment.

(2)        Entitlement to impact fee credits pursuant to an agreement shall not, of itself, constitute a basis for vesting a development or the trips represented by the impact fee credits.

(3)        It is recognized that there may be additional circumstances where some vested rights have arisen which are not specified in Sections A or B above.

(4)        Procedure for claiming vested rights.

a)         Any property owner or developer may seek a vested rights determination regarding a specific unplatted parcel for which additional intensity or density is sought.

b)         Requests for vested rights determination shall be made on forms provided by the DRO. The developer shall be required to state the parcel for which the vested rights determina­tion is sought, the basis for the vested rights claim, and shall provide a copy of the agreement or other document which the developer asserts gives rise to a vested rights determination.

c)         After the Developer has submitted a complete application for a vested rights determination to the DRO it shall be for­warded to the Town's Attorney for review.

d)         A hearing officer shall be appointed to conduct an adminis­trative hearing regarding the vested rights determination. The hearing shall be set for no later than 60 days from the date of application unless an extension of time is requested or agreed to by the applicant.

e)         The Town Attorney shall represent the Town in the adminis­trative hearing. The hearing officer shall determine whether vested rights have been created pursuant to statute or es­tablished case law.

f)          If the Town's Attorney, any time before the hearing, reviews the application and finds that the application has provided clear evidence that vested rights claimed by the developer exist, the Town Attorney and the applicant may stipulate to the existence of vested rights. Such stipulation shall elim­inate the need for a determination by the hearing officer.

g)         If vested rights are stipulated to or found by the hearing officer, the trips attributable to such vested rights shall be placed within the Broward County TRIPS system and shall be available to the benefited property.

h)         A determination by the hearing officer that vested rights have not arisen shall be determined to be a final decision of the County.