Chapter 12-2: DEVELOPMENT REVIEW REQUIREMENTS

CHAPTER 12 – DIVISION 2.  DEVELOPMENT REVIEW REQUIREMENTS

 

Sec. 12.2.1   Development Review Requirements.

An application for development permit in the Town of Hillsboro Beach must comply with the following requirements:

A.        Adequacy of Regional Road Network.

The adequacy of the Regional Transportation Network shall be determined based upon conditions at the time the final plat or site plan applica­tion is submitted in accordance with the following provisions:

(1)        Level of Service (LOS).

            For the purpose of issuing development permits, the Level of Serv­ice for SR A1A is LOS “D”.

(2)        Measurement of Capacities.

            The procedure for the initial measurement of highway capacities is the Florida Department of Transportation Table of Generalized Daily Level of Service Maximum Volumes dated January 1, 1989 for use by local governments from January 1989 to December 1990. Al­ternately, highway capacity may also be determined through a de­tailed traffic engineering study of local conditions of traffic flow, field conditions and traffic operations. Such studies shall be technically developed and comply with proper and recognized traffic engineering procedures. All studies shall be evaluated by the Town, and or other parties as the Town designates, for accept­ability. In instances where the Town finds that the study does not comply with proper and recognized traffic engineering procedures, the study results will not be accepted.

(3)        Development Subject to Adequacy Determination.

A)        For plats and replats, site plans or building permits where the property is unplatted or was platted, with plat approval received before March 20, 1979, all development of previous­ly vacant land except that specified in subsection (C) be­low, shall be subject to adequacy determination.

B)        For plats or replats, site plans or building permits where the property is unplatted or was platted, with plat approval received before March 20, 1989, all development of previous­ly improved lands shall be subject to an adequacy determina­tion for the additional trips to be generated by the devel­opment specified in the proposed note on the plat and the trips generated by any existing development. Existing devel­opment shall be construed to include previous development demolished no earlier than eighteen (18) months previous to the date the final plat is submitted, or the application for a site plan or building permit approval is submitted.

C)        For a replat, or an amendment to a note on a plat, or a requirement to place a note on a plat, where property was platted after March 20, 1979, an adequate determination shall be required for those additional trips that equal the difference between the previous plat and the replat; or the previous note and the proposed amendment to the note; or the development approved by the Town Commission at the time of plat approval and the proposed note to be placed on the plat.

(4)        Traffic Study Required.

All development applications, except for single family and devel­opment applications where the traffic generation of new trips is more than five hundred (500) trips per day, shall submit a study identifying the traffic impact of the proposed development on SR A1A. The Town may also require traffic impact studies from devel­opment applications with less than five hundred (500) new trips per day in instances where existing traffic conditions of SR A1A are approaching LOS “D” capacity or an existing traffic condition warrants specific study.

The traffic impact study shall identify existing traffic volumes and existing level of service for average daily, peak hour and peak season daily conditions. The study area shall include the entire Town. The study shall identify the project's daily and peak hour trip generation, trip distribution and traffic assignment. An analysis of peak hour turning movements at project entrances with SR A1A and provision of adequate sight distances shall be provid­ed. Traffic conditions at project build-out shall be identified including existing traffic, background traffic and project traf­fic. The Level of Service of SR A1A shall be identified. An evalu­ation of the need for traffic improvements at project entrances and on SR A1A shall be provided.

(5)        Required Determination.

a)         Before a development permit is approved, the following find­ings shall be made:

1)         The proposed development will not lower the Level of Service of SR A1A below LOS “D”.

2)         In instances where the proposed development will lower the Level of Service of SR A1A below LOS “D”, the necessary improvements to provide LOS “D” are under construction at the time a permit is issued, or are subject of an executed contract with a road contractor for immediate construction, or the necessary improve­ments are provided in an enforceable development agreement and will be available prior to certificates of occupancy.

3)         In instances where the existing Level of Service of SR A1A is below LOS “D”, the necessary improvements to provide LOS “D” are under construction at the time a permit is issued, or are subject of an executed con­tract with a road contractor for immediate construc­tion, or the necessary improvements are provided in an enforceable development agreement and will be avail­able prior to certificates of occupancy, or there is an approved Action Plan to accommodate the traffic impact of the development.

4)         The development is found to have vested rights.

(b)        Dedication of Right-of-Way for SR A1A.

The ultimate right of way for SR A1A (as provided in the Town's Traffic Circulation Element) which is located within the area proposed to be developed, shall be conveyed to the public by dedication on the face of the plat, deed or, if acceptable to the Town, by grant or easement.

B.         Access to Trafficways.

A final plat of lands which abut or contain an existing or proposed trafficway shall be designed to facilitate the safe and efficient move­ment of vehicles between the trafficway and the proposed development and shall comply with the following standards and requirements:

(1)        Street capacities shall be determined by the standards established by the Highway Capacity Manual prepared by the Transportation Research Board of the National Research Council, Washington, D.C.

(2)        The geometric design of SR A1A shall conform to the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, prepared by the Florida Department of Transportation.

(3)        SR A1A shall conform to the criteria and characteristics estab­lished by and shown in the Town's Traffic Circulation Element.

(4)        A nonvehicular ingress and egress line shall be delineated along the trafficways corridor except at those points of access not in conflict with the standards provided within this Article.

(5)        Left-turn or right-turn lanes, or both and bus pullout bays, may be required dependent on the traffic study submitted in subsection 12.4.(b)3.

(6)        Sidewalks adjacent to the development may be required pursuant to subsection 12.4.(a)13.

(7)        Ingress and egress easements may be required in order to provide joint-use driveways for adjacent properties, pursuant to section 12.4.(a)5.

(8)        Additional right-of-way shall be conveyed to the public by dedica­tion on the face of the plat, by deed, or, if acceptable to the Town, by grant of easement which is necessary for the ultimate construction of turn lanes, bicycle facilities, sidewalks, bus pullout bays, bus shelters, or roadway drainage facilities as required pursuant to Section 12.4 (a) & (b).

C.         Adequacy of Water Management.

(1)        The proposed development shall be designed to provide adequate areas and easements for the construction and maintenance of a water management system to serve the proposed development and adjacent public rights-of-way in a manner which conforms to sound engineering standards and principles, and which will be provided in accordance with applicable provisions of the Town's Code of Ordinances, Town's Administrative Code, and the local agency hav­ing water management review and permitting authority over the area.

(2)        The development order shall require that the applicant for a building permit demonstrate prior to the issuance of the building permit within the development that the following levels of service standards, where applicable, will be met prior to the issuance of a certificate of occupancy.

a)         Buildings. The lowest living floor elevation for buildings shall be no lower than the elevation for the respective area depicted on the “100 Year Flood Criteria Map”.

b)         Off Site Discharge. Offsite discharge is not to exceed the inflow limit of SFWMD primary receiving canal or the local conveyance system.

c)         Storm Sewers. The design frequency applicable to storm sew­ers is the three year rainfall intensity of the State De­partment of Transportation Zone 10 rainfall curves.

d)         Flood Plain Routing. Calculated flood elevations based on the ten year and one hundred year return frequency rainfall of three day duration shall not exceed the corresponding elevations of the ten year “Flood Criteria Map” and the “100 Year Flood Elevation Map”.

e)         Antecent Water Level. The antecent water level is the higher elevation of either the control elevation or the elevation depicted on the map “Average Wet Season Water Levels”.

f)          On Site Storage. Minimum capacity above antecedent water level and below flood plain routing elevations shall be design rainfall volume minus off site discharge occurring during design rainfall.

g)         Best management Practices (BMP). Prior to discharge to sur­face or ground water, BMP's will be used to reduce pollutant discharge.

D.        Adequacy of Potable Water Service.

1)         Potable water service must be available prior to a certificate of occupancy to provide for the needs of the proposed development at the level of service of 275 gallons per year round resident person per day. The proposed development shall be designed to provide adequate areas and easements which may be necessary for the in­stallation and maintenance of a potable water distribution system which will meet all applicable building, health, and environmental regulations, including Chapter 17-22, Florida Administrative Code.

2)         A finding that potable water service is available at the adopted level of service must be based upon a demonstration that an exist­ing water treatment facility has sufficient plant and network capacity to provide for the potable water needs of the application and for other developments in the service area which are occupied, available for occupancy, for which building permits are in effect or for which potable water treatment capacity has been reserved.

3)         An agreement will be required between the Town and the developer prior to the issuance of a building permit to provide for the expansion of water treatment facilities necessary to service the proposed development. Town or County Commission approval of an application for plat approval shall not be construed to effect a reservation of potable water plant or network capacity, or a com­mitment to provide service.

E.         Adequacy of Wastewater Treatment and Disposal Services.

1)         Wastewater treatment and disposal services must be available prior to occupancy to provide for the needs of the proposed development at the adopted level of service of 170 gallons per year round resident per day. The proposed development shall be designed to provide adequate areas and easements which may be necessary for the installation and maintenance of a wastewater disposal system which will meet all applicable health and environmental regula­tions.

2)         A finding that wastewater treatment and disposal services are available at the adopted level of service must be based upon a demonstration that an existing wastewater treatment and disposal facility has sufficient plant and network capacity to provide for the wastewater treatment and disposal needs of the development proposed by the application and for other developments in the service area which are occupied, available for occupancy, for which building permits are in effect or for which wastewater treatment or disposal capacity has been reserved.

3)         An agreement will be required between Broward County Utilities and the developer prior to the issuance of a building permit for the expansion of water/wastewater treatment and disposal facilities necessary to service the proposed development.

4)         Town or County Commission approval of an application for plat approval shall not be construed to effect a reservation of waste­water capacity or commitment to provide service.

F.         Adequacy of Solid Waste Disposal Sites or Facilities

(1)        Solid waste disposal sites or facilities shall be available prior to occupancy to provide for the needs of the proposed development at the level of service of 6.9 pounds per year round resident per day.

(2)        A finding that solid waste disposal sites or facilities are avail­able must be based upon a demonstration that existing solid waste disposal sites or facilities have sufficient capacity to provide for the solid waste disposal needs of the development proposed by the application and for other developments in the service area which are occupied, available for occupancy, for which building permits are in effect or for which solid waste disposal capacity has been reserved.

G.         Impacts to Environmentally Sensitive Lands

(1)        If a proposed development includes any part of any lands identi­fied as a Local Area of Particular Concern in the, the DRO shall provide for the preparation of an environmental impact report identifying the affects that the proposed development would have on the unique natural qualities and resources of the area. The report shall be completed within 6 months of the date the develop­ment application request is accepted for processing and identify strategies to protect the natural resources or mitigate unavoid­able adverse impacts on the resource.

            The Environmental Impact Report shall describe the environmental significance of the site, identify the types of impacts expected by the proposed development on the unique qualities and resources of the site, describe the significance of the impacts expected to occur and identify conservation measures to minimize or alleviate adverse environmental impacts of the proposed development. Conser­vation measures shall include the preservation of a particular portion of the site which contain the significant ecological plant and or wildlife community and be sufficient to protect the integ­rity of the resource.

            Should a proposed development negatively impact the resource, appropriate mitigation will be required. Mitigation measures or techniques may include but are not limited to the following: open space buffer zones between potentially incompatible land uses; controlled removal of exotic vegetation and the replanting of native indigenous trees, shrubs and ground covers; adjustment of the proposed site plan to minimize impacts and other mitigation techniques as are approved by the Town Commission.

H.        Consideration of Hazardous Material Disposal Services and Impact on Air Quality and Wellfield Protection.

An application for a development permit shall be reviewed to determine the adequacy of hazardous material treatment and disposal services, as well as, the proposed development's impact on air quality and wellfield protection. Review shall be pursuant to the Broward County Environmental Quality Control Board's Code of Regulations, and any other standards which may be adopted by the Town Commission by amendment to this Divi­sion.

(1)        Violation of Environmental Regulations. An application for a de­velopment permit may be denied or approved with appropriate condi­tions where the property is subject to a notice of violation of an environmental regulation by a county, state or federal agency, which violation the Town Commission determines makes all or part of the land unsuitable for development.

I.          Adequacy of School Facilities

An application for a development permit shall be reviewed to determine the adequacy of educational facilities to serve the needs of the future residents of the developed area.

J.          Protection of Air Navigation

(1)        If the plat or site plan includes property subject to notice re­quirements of Federal Aviation Regulations (FAR) Part 77, Subpart B, development within the plat or site plan must receive an FAA determination that it does not constitute a hazard to air naviga­tion or require operational modifications to the airport to avoid such a hazard. The note on the plat or site plan shall specify this restriction.

K.        Conformity to the Land Use Plan

The development of land within the Town shall conform to the Broward County Land Use Plan, or the Town's Future Land Use Element as certified by the Broward County Planning Council.

L.         Design of Development

The design of a final plat shall be consistent with the site development plan requirements of Division 4 of this Article.

M.        Adequacy of Solid Waste Collection Service

Solid waste collection service will be available prior to occupancy to provide for the needs of the proposed development.

N.        Adequacy of Fire Protection Service

Fire protection service will be adequate to protect people and property in the proposed development. A finding that adequate fire protection service is available shall be based upon a determination that all pro­posed development meets the following requirements:

(1)        Water Supply. Water supply facilities either existing or proposed to be constructed by the developer shall be adequate to meet the fire protection needs of the proposed development.

O.        Adequacy of Police Protection Service.

Police protection service will be adequate to protect people and proper­ty in the proposed development.

P.         Adequacy of Local Parks and Recreation Facilities.

Land suitable for residential development pursuant to the applicable land development regulations shall be designed to provide for the park, open space and recreational needs of the future residents of the pro­posed development by providing three (3) acres of private recreation and open space area/facilities for each one thousand (1,000) year round residents.

Q.        Consistency with the Town's Zoning Regulations.

The development of land within the Town shall be consistent with the Town's Zoning Regulations as provided in Division 5 of this Article.

Sec. 12.2.2   Presumptions, Limitations, Agreements and Security for Develop­ment Review Requirements.

A.        Notation on the Face of the Plat.

The face of each recorded plat shall bear a notation indicating the developmental level at which the plat was reviewed and approved for adequacy of required services and facilities pursuant to this Article. The notation shall include the following language:

This note is required by the Town and Broward County and may be amended by approval of the Town and Broward County Board of County Commission­ers.

The notation and any amendments thereto are solely indicating the ap­proved development level for property located within the plat and do not operate as a restriction in favor of any property owner including an owner or owners of property within this plat who took title to the property with reference to this plat.

(1)        An application for a change to the notation on the face of a plat may be granted if the Town of Hillsboro Beach and Broward County Board of County Commissioners make a determination that the amend­ment is consistent with the terms of this Article.

(2)        The applicant for a change to the notation on the face of a plat shall be required to execute or provide such documents as deter­mined necessary to amend the notation.

(3)        Failure to comply with the conditions, established by the Town and the Board of County Commissioners as a prerequisite to recording an amendment to the notation on the face of a plat, within six (6) months of the date on which the amendment is approved shall result in the expiration of the approval to amend the notation. This shall apply to amendments approved before October 1, 1989 provided that the six (6) months shall run from October 1, 1989.

B.         Installation of Improvements.

(1)        All improvements required from the developer as a condition to the approval of an application for a development order shall be in­stalled and completed before the issuance of a development permit. Any water, sewer or drainage improvements proposed or required to be constructed within the proposed road right-of-way shall be installed and completed before acceptance of any proposed or re­quired road improvements by the Town.

(2)        As an alternative to all required improvements being installed and completed prior to the issuance of a development permit, and pro­vided that all other applicable requirements of this Division are met, the applicant shall provide, in a form acceptable to the Town Commission, a cash bond, a surety bond executed by a company au­thorized to do business in the State of Florida, an agreement between the developer and the appropriate local governmental unit with sufficient assurances that the improvements will be complet­ed, or an irrevocable letter of credit, in sufficient amount to ensure the completion of all required improvements, and providing for and securing to the public the actual construction and instal­lation of said required improvements within a reasonable period of time or before issuance of building permits or certificates of occupancy as required by the Town Commission and expressed in the bond or other security.