Chapter 12-4: SITE PLAN PROCEDURES AND REQUIREMENTS

DIVISION 4. SITE PLAN PROCEDURES AND REQUIREMENTS

 

Sec. 12.4.1   Mandatory Site Plan Approval

Approval by the Town Commission of a final site plan is required prior to any development of land in the Town of Hillsboro Beach.

(a)        Exempt Development: Notwithstanding any other provision of this Divi­sion, the following activities shall not require compliance with this Section:

(1)        The deposit and contouring of fill on land.

(2)        Implementation, by a governmental entity, of a water management plan approved by the Town Commission, as such plan relates to an approved Development of Regional Impact (not conceptual Develop­ment of Regional Impact).

Sec. 12.4.2   Application for Conceptual or Preliminary Site Plan Review

(a)        Necessity of filing: If the location, design, size, impact or other special problem of a proposed development warrants, the DRO may require an applicant to file an application for preliminary site plan review prior to filing an application for final site plan approval. In all other cases, an applicant has the option of filing an application for conceptual site plan or preliminary site plan review prior to filing an application for final site plan approval.

(b)        Procedures: An application for conceptual or preliminary site plan re­view shall be filed and processed pursuant to Subsections 12.4.2 (a) through (e) of this Article.

(c)        Submission Requirements: Conceptual Site Plan. – A conceptual site plan shall include the following:

(1)        Legal description.

(2)        Schematic representation of proposed use.

(3)        Schematic representation of major vehicular circulation within the site.

(4)        Schematic representation of points of connection to the public right-of-way.

(5)        Schematic representation of drainage system, including retention areas, swales and direction of drainage flow.

(6)        Computation of proposed number of dwelling units and the total acreage for residential use and approximate square footage of building for nonresidential use.

(7)        Indication of type of water and sewage disposal to be used.

(d)        Submission Requirements: Preliminary Site Plan. An application for pre­liminary site plan review shall include a development plan, the overall size of which shall be 24” x 36”, drawn to scale, not smaller than 1” = 50’, and shall include the following:

(1)        Legal description.

(2)        Site boundaries clearly identified, and ties-to-section corners.

(3)        A survey prepared by a Florida registered land surveyor, certified as to meeting the requirements of Chapter 21HH-6, Florida Adminis­trative Code, reflecting existing natural features, such as topog­raphy, vegetation, and waterbodies. Any existing structures and paved areas shall be included in the survey.

(4)        Proposed land uses.

(5)        Location and height of all structures and total floor area with dimensions to lot lines, and designation of use.

(6)        Building separations.

(7)        Vehicular circulation system for cars, bicycles and other required vehicle types, with indication of connection to public rights-of-way. Location of all parking and loading areas.

(8)        All adjacent rights-of-way, with indication of ultimate right-of-way line, center line, width, paving width, existing median cuts and intersections, street light poles and other utility facilities and easements.

(9)        Pedestrian circulation system.

(10)      Provider of water and wastewater facilities.

(11)      Existing and proposed fire hydrant locations and watermain sizes.

(12)      The following computations:

a)         Gross acreage.

b)         Net acreage. Gross acreage covered by the property excluding road easements and rights-of-way, if any.

c)         Number of dwelling units and density for residential uses only.

d)         Square footage of ground covered by buildings or structures and designation of use.

e)         Required number of parking spaces.

f)          Number of parking spaces provided.

(13)      Schematic representation of drainage system including retention areas, swales and direction of drainage flow.

(14)      Indication of existing native vegetation that will be preserved.

(15)      Site plan location sketch.

(16)      Computation of pervious, impervious and paved surface, in square footage and percentage.

(17)      Geometry of all paved areas including centerlines, dimensions, radii and elevations.

(18)      Location of the Coastal Construction Control Line (CCCL), the Easterly Building Line (as recorded in Miscellaneous Plat Book 2, Page 46, of the Public Records of Broward County, Florida), the building envelope and building setbacks.

(e)        Committee Review. The Development Review Committee shall review an ap­plication for conceptual or preliminary site plan review and shall dis­cuss with the applicant any steps necessary to bring the application into compliance with the requirements for final site plan approval of this Division.

Sec. 12.4.3   Application for Final Site Plan Approval

(a)        Procedures. An application for final site plan approval shall be filed and processed pursuant to Subsections 12.4.3 (a) through (g) of this Article.

(b)        Submission Requirements. An application for final site plan approval shall include a development plan, the overall size of which shall be 24” x 36”, drawn at a scale not less than 1” = 50’ and depicting the follow­ing:

1)         All information required for a preliminary site plan.

2)         Location of trash and garbage disposal system and provisions for accessibility to garbage trucks.

3)         Loading areas and provisions for accessibility to vehicles of the required type.

4)         Areas for emergency vehicles and fire engines, and provisions for accessibility to vehicles of the required type.

5)         Location of all drainage features, and retention areas, if any.

6)         Schematic water and sewer plans.

7)         A landscape plan demonstrating compliance with applicable land­scape regulations.

(c)        Committee Review and Approval. The Development Review Committee shall review the application for final site plan approval for conformity to the requirements of this Division and shall make one of the following determinations:

1)         That the application meets the requirements of this Division, in which case the Development Review Committee shall forward a recom­mendation to the Town Commission. The Town Commission shall con­sider the DRC recommendation and other factors, as appropriate, in considering the approval of the application for final site plan. The DRO or a designee, after receiving evidence of approval by the Town Commission, shall indicate such approval by signing the final site plan. A final site plan signed by the DRO pursuant to this paragraph shall constitute a development order granting an appli­cation for final site plan approval.

2)         That the application does not meet the requirements of this Divi­sion in which case the Town Commission shall direct the DRO to issue a development order denying this application.

3)         That the application does not meet the requirements of this Divi­sion but that the required changes to the application do not war­rant filing a new application, in which case the applicant shall be allowed to submit a corrected site plan to the DRO within thirty (30) calendar days of the Town Commission meeting. The DRO shall act on the corrected application as provided in this Subsec­tion and if found to meet the conditions, as approved, will sign the final site plan.

4)         That the application does not meet the requirements of this Divi­sion, but that the required changes to the application are of such a minor nature that an additional review by the Town Commission is not warranted, in which case the Town Commission shall approve the application for final site plan with specified conditions, and the DRO or a designee, after receiving a revised site plan application in conformance to the specified conditions, shall indicate such approval by signing the final site plan.

(d)        Review Site Plan. If an applicant’s development plans change after previously receiving final site plan approval, the applicant may file an application for revised final site plan approval with the DRO. In such case, the procedures of this Section shall be repeated; provided, howev­er, that minor deviations from an approved final site plan may be ap­proved by the DRO.

(e)        Conformity to Recorded Plat. If a final site plan depicts land previous­ly recorded by plat, the application for final site plan approval shall conform to such plat.

(f)        Conformity to Zoning Regulations. Development depicted in a final site plan shall conform to all applicable Town zoning ordinances and regula­tions.

(g)        Effective Period of Final Site Plan Approval. A final site plan shall be effective until the development is completed except that:

1)         if, after the expiration of one (1) year from the date of approval by the Town Commission, a period of ninety (90) days occurs in which no valid building permit is in effect, the final site plan approval shall be null and void unless extended by the Town Com­mission.

Sec. 12.4.4   Site Plan Requirements

Development depicted in a site plan shall meet the following requirements:

(a)        Site Plan Design

(1)        Off-Street Parking Facilities.

a)         General Design Requirements.

            Internal site circulation shall follow a functional classi­fication and hierarchical design criteria to assure that the movements between the public right-of-way, which is the high speed movement facility, and the parking stall, which is the terminal facility, are conducted in an efficient and orderly form. All streams of departing traffic from the parking stalls in a parking lot shall be assembled and delivered to an internal collector facility that combines them into a few concentrated streams which will then be connected to the public right-of-way at a few properly spaced access loca­tions.

b)         Functional Elements of On-Site Circulation System. Car park­ing stalls, parking aisles, driveways, reservoir areas and entrances are the basic functional elements of the on-site circulation system. Additional elements, including but not being limited to left turning lanes, and right turning lanes in the public right-of-way immediately adjacent to the pro­posed development may also be required, pursuant to Subsec­tion 24.4.4 (b) of this Division.

1)         Parking Stalls and Aisles

a.         The minimum size (in feet) of a parking stall space shall be as follows:

9’ x 18’ – standard space

9’ x 23’ – parallel space

10’ x 25’ – loading space

12’ x 18’ – handicap space

b.         A standard parking stall shall be nine (9’) feet wide by eighteen (18’) feet deep.

c.         All required parking stalls shall have direct and unobstructed access from a parking aisle unless waived by the DRC.

d.         No parking stall shall directly abut a driveway unless waived by the DRC.

e.         Access for emergency fire vehicles shall be in accordance with Fire Protection Standards.

f.          All off-street parking areas shall be so ar­ranged and marked as to provide for orderly safe loading, unloading, parking and storage of vehi­cles with individual parking stalls clearly defined with directional arrows and traffic signs provided as necessary for traffic control.

g.         Acceptable plans must illustrate that proper consideration has been given to the surrounding street plan, traffic volumes, proposed street improvements, vehicular street capacities, pe­destrian movements and safety.

h.         All parking areas shall be so arranged so that if there are ten (10) or more contiguous parking stalls along the same parking aisle, the elev­enth space shall be a landscaped peninsula a minimum of five (5’) feet in width. Other suit­able solutions or innovative designs may be substituted when approved by the DRC.

2)         Driveways

a.         All parking aisles shall connect to a driveway.

b.         A parking lot which exceeds sixty (60) parking stalls shall be designed with at least one (1) two-way directional driveway loop system con­necting the entrance to the parking stalls and the principal building. Other innovative designs may be substituted when approved by the DRC.

c.         The minimum distance from a driveway, service drive, parking stall, or parking aisle, to a structure or property line shall be five (5’) feet, except at a drive-in teller or pick up window. The minimum distance to a driveway, service drive, or parking aisle from a right-of-way shall be ten (10’) feet where there is no connection between the driveway and the street.

d.         Two-way driveways shall be a minimum of twenty-four (24’) feet wide. Required widths shall be increased according to vehicle type or if the number of parking stalls connected or the number of trips generated justifies such increase.

e.         One-way driveways shall be a minimum of fifteen (15’) feet wide. Required widths shall be in­creased according to vehicle type or if the number of parking stalls connected or the number of trips generated justifies such an increase in width.

f.          Any off-street parking facility shall have ei­ther driveway approaches of sufficient width to allow for two-way traffic, or one way driveways connected to aisles, parking areas or maneuver­ing areas in such a manner as to permit traffic to both enter and leave the property, facing forward, at the same time. A driveway which is only wide enough for one-way traffic shall not be used for two-way access.

g.         Driving Aisles: Two-way driving aisles shall be a minimum of twenty-four (24) feet wide; one-way driving aisles shall be a minimum of twelve (12’) feet wide, clearly marked for one-way traffic.

3)         Circulation Design. A parking lot abutting a traffic­way shall be designed for full circulation. A parking lot abutting a street other than a trafficway may be designed for partial circulation.

4)         Parking and Loading Areas to be Curbed. Except for one-family and two-family dwellings, all parking and loading areas shall be constructed with a six (6”) inch raised curb or bumper blocks located a minimum distance of seven (7’) feet behind the street right-of-way line and other property lines along side­walks, safety islands, driveways, sight distance tri­angles, and other places as needed unless determined to be unnecessary by a finding of the Town that given the particular circumstances of the site such curb can be eliminated in certain areas without creating safety hazards. The raised curb shall be constructed in such a manner as to prevent vehicles from crossing side­walks or other pedestrian walkways, other than by means of an approved driveway approach.

(2)        Vehicular Reservoir Areas. Adequate reservoir capacity shall be required for both inbound and outbound vehicles to facilitate the safe and efficient movement between the public right of-way and the development. An inbound reservoir shall be of sufficient size to ensure that vehicles will not obstruct the adjacent roadway, the sidewalk and the circulation within the facility. An outbound reservoir shall be required to eliminate backup and delay of vehi­cles within the development.

a)         Design. A reservoir area shall be designed to include a space of twelve (12’) feet wide by twenty-two (22’) feet long for each vehicle to be accommodated within the reser­voir area and so that vehicles within the reservoir area do not block parking stalls, parking aisles or driveways of off-street parking facilities.

b)         Adjacent to Trafficway. The number of vehicles required to be accommodated within a reservoir area adjacent to a traf­ficway shall be in conformance with the Town’s Design Stand­ards.

c)         Adjacent to Non-Trafficway Street. All off-street parking facilities shall provide a reservoir area at the point(s) of connection of a driveway with a public right-of-way. The reservoir area for any residential use other than single family detached, shall accommodate at least one percent (1%) of the number of parking stalls served by the driveway. For parking lots with fewer than one hundred (100) cars, the reservoir area shall be able to accommodate at least one car.

(3)        Access for Vehicles Other Than Automobiles

a)         Structures intended for residential uses, other than single family or duplex, shall be made accessible to a Single Unit Truck (SU).

            Definitions of the required specifications for the above vehicle type shall be those found in AASHTO Geometric High­way Design.

b)         All buildings, other than single family or duplex resi­dences, shall be accessible to fire apparatus from two sides. Fire engines shall be considered as a WB-40 as de­fined by the AASHTO Geometric Highway Design. The area re­quired to meet the AASHTO design standards shall be paved or treated to ensure support to a sixteen (16) ton weight vehicle. This area shall be maintained free of trees and bushes and shall be clearly designated for this purpose.

c)         Fire lanes shall be provided for all buildings or any part thereof which are set back more than one hundred fifty (150’) feet from the ultimate right-of-way line of a public road, or which exceed thirty (30’) feet in height and are set back more than fifty (50’) feet from the ultimate right-of-way line of a public road. Fire lanes shall be at least twenty (20’) feet in width with a minimum of ten (10’) feet provided between the fire lane and any adjacent building. Any dead-end road more than three hundred (300’) feet along shall be provided with a turn around area at the closed end. The turn around area shall be a minimum of ninety (90) feet in diameter.

d)         Required parking spaces, parking aisles and driveways shall not be used as loading or parking areas for any type of vehicle including emergency vehicles other than automobiles.

(4)        Setbacks

a)         Development adjacent to a SR A1A shall comply with building setback requirements as stipulated in the Town’s Zoning Code.

b)         Any fence or hedge which will cause a sight visibility ob­struction within one hundred (100’) feet of a driveway or cross street, which is to be installed along a non-traffic­way collector street shall be set back a minimum of five (5’) feet from the ultimate right-of-way line of the collec­tor.

(5)        Limitations on Improvements in the Ultimate Right-of-Way. No ob­structions of any type which are deemed unsafe by County standards shall be left in the ultimate right-of-way as a result of any improvements in the ultimate right-of-way.

(6)        Sight Distance

a)         Cross-Visibility Requirements at the Intersection of Drive­ways and Public Rights-of-Way. If a driveway intersects a public right-of-way, there shall be no sight obstruction within a triangular area of property on both sides of a driveway formed by the intersection of each side of the driveway and the ultimate right-of-way line with two sides of each triangle being ten (10’) feet in length from the point of intersection and the third side being a line con­necting the ends of the two other sides.

b)         Cross-Visibility Requirements at Pedestrian Crosswalks and Other Areas of Pedestrian Concentration. If a crosswalk intersects a vehicular access aisle, driveway or an ultimate right-of-way, there shall be no sight obstruction within a triangular area of property on both sides of a crosswalk or walkway formed by the intersection of each side of the walk­way and the ultimate right-of-way line or aisle with two sides of each triangle being ten (10’) feet in length from the point of intersection and the third side of being a line connecting the ends of the two sides.

c)         Sight Triangles.

1)         Within the triangular areas described above, it shall not be permissible to install, set out to maintain, or to allow the installation, setting out or maintenance of, either temporarily permanently, any vehicular parking space, sign, wall, hedge, shrubbery, tree, earth mound, natural growth or other obstruction of any kind which obstructs cross-visibility at a level between thirty (30”) inches and eight (8’) feet above the level of the center of the adjacent intersection. Any wall or fence within the sight triangle must be constructed in such a manner as to provide adequate cross-visibility over or through the structure between thirty (30”) inches and eight (8’) feet in height above the driving surface.

2)         The following will be permitted within the triangular area described above:

a.         Trees having limbs and foliage trimmed in such a manner that no limbs or foliage extend into the area between thirty (30”) inches and eight (8’) feet above the level of the center of the adja­cent intersection. Trees must be so located so as not to create a traffic hazard. Landscaping except required grass or ground cover shall not be located closer than five (5’) feet from the edge of any roadway pavement, and three (3’) feet from the edge of any alley or driveway pavement.

b.         Fire hydrants, public utility poles, street markers and traffic control devices.

(7)        Design of Traffic Corridors. A site connected to a street at any point within a trafficway corridor shall meet the design criteria, requirements and standards of Subsection 12.4.4 (b) of this Divi­sion.

(8)        Pervious Area and Greenspace.

a)         The area covered by structures and impervious surface shall not exceed the requirements stipulated in the Town’s Zoning Code.

1)         Pervious areas may be used to satisfy requirements for landscaping and setbacks, buffer strips, drain fields, passive recreation areas, or any other purpose that does not require covering with a material that pre­vents infiltration of water into the ground.

2)         Upon demonstration by the applicant that special con­ditions peculiar to the location or physical charac­teristics of a particular site are present, or special conditions resulting from the design of existing fa­cilities or surrounding land uses are present, the DRO may permit variation from the impervious area stand­ards, subject to the following limitations:

a.         Variation from the stated requirements shall be proportional to mitigating design improvements provided in excess of the minimum required engi­neering and landscaping standards. The impervi­ous area shall not exceed the criteria as estab­lished in the Town’s Zoning Code by ten (10%) percent.

b.         Mitigating design improvements may include the use of curvilinear berms to aid in screening; increased vegetation size and quantity, native species utilization, and preservation of existing significant vegetation to increase the quality of greenspace areas; the use of interlocking paving blocks along pedestrian walkways; and grassed retention basins and swales to aid in the filtration of storm water runoff.

b)         Each proposed development shall include provisions for the application of best management practices to enhance reten­tion areas such as grass ponds, grass swales, french drains, or combinations thereof, and shall meet all requirements of the applicable 208 Areawide Wastewater Treatment Management Plan.

(9)        Functional Landscaping and Tree Preservation. Compliance with the provisions of Chapter 39, Article IX, Section 39-182, Broward County Code of Ordinances is required prior to site plan approval.

(10)      Natural Resource Areas. If a proposed development includes all or any part of any lands identified as a Local Area of Particular Concern (LAPC) in the Town’s Comprehensive Plan, or any lands for which a notice of public hearing for designation as a LAPC has been given the proposed development shall incorporate the Natural Resource Area in such a fashion as to significantly conserve the integrity of the area as appropriate to the affected resource. The proposed development shall be subject to the following require­ments:

(a)        A Generalized Resource Survey (GRS) shall accompany an ap­plication for a Development Permit. Said GRS shall be con­ducted by a professional with appropriate expertise for the resource involved. The survey may be in the form of an aeri­al or field survey, showing the approximate location and extent of the resource on the site, and shall be accompanied by photographs illustrating significant areas. The GRS shall be prepared at the same scale as the proposed site plan. Said survey shall contain a brief written assessment of the resources which have been identified.

(b)        Resource Area Modification. Negative developmental impacts upon Natural Resource Areas are to be discouraged. However, upon demonstration by the applicant that one or more of the following conditions exist, a modification to the Natural Resource Area may be proposed:

1)         Street Opening – The location of the Natural Resources Area on the property prevents the opening of reasona­ble and necessary travel lanes in a public ROW;

2)         Utilities and Drainage – The location of the Natural Resource Area on the property prevents the construc­tion of utility lines or drainage facilities which cannot feasibly be rerouted;

3)         Property Access – The location of the Natural Resource Area on the property prevents all reasonable access to the property; or

4)         Property Use – The location of the Natural Resource Area on the property precludes all reasonable use of the property.

(c)        Resource Management Plan. Any proposed development activity which would negatively impact the Natural Resource Area must be mitigated through a long term Resource Management Plan, approvable by the Town Commission which significantly im­proves the viability of the remainder of the resource. Said Resource Management Plan must be based upon the generalized resource survey and provide for the enhancement and/or the restoration of the ecological value of the remainder of the Natural Resource Area through the proposed mitigation.

(d)        No development order shall be issued until an agreement providing for implementation of the Natural Resource Plan has been executed and recorded, and nay covenants, easements or physical improvements required by the plan are in place; or

(e)        No certificate of occupancy shall be issued for developments that include Natural Resource Areas unless it is determined that the applicable provisions of the Resource Management Plan and agreement specified in subsection (d) above have been met.

(11)      Lands Containing Historic or Archaeologically Significant Arti­facts or Relics

If the proposed site plan includes any land designated as archaeo­logical site in the Town’s Comprehensive Plan or the Broward Coun­ty Land Use Plan Map Series or in the Florida Master Site File, then site plan approval shall include requirements for management of the archaeological site. These requirements shall be based upon an archaeological report prepared by a professional archaeologist and submitted by the applicant. The report shall include the his­tory of the site, field survey methods, an assessment of the ar­chaeological significance of the site and proposed plan for miti­gating impacts. The DRC will review the mitigation plan submitted by the applicant, and provide a recommendation to the Town Commis­sion. The Town Commission will consider the proposed mitigation plan, the DRC recommendation and other factors in approving a final site plan for the archaeological site.

(12)      Bikeways

(a)        Location. Bikeways shall be indicated by site plans in ac­cord with any plan for bikeways which may be adopted by ordinance by the Town Commission. Until such time as the Town Commission has adopted a plan for bikeways on SR A1A adjacent to the parcel covered by the site plan whenever, in the judgment of the DRO, a bikeway would meet these condi­tions.

1)         The bikeway would be used by a significant volume of riders.

2)         The bikeway would enhance public safety.

(b)        Dimensions. All bicycle facilities (bicycle paths, lanes, and routes) shall follow, at least, the minimum specifica­tions provided for in the Guide For Development of New Bicy­cle Facilities prepared by the American Association of State Highway and Transportation Officials (AASHTO).

(13)      Sidewalks

a)         Location. Sidewalks shall be constructed adjacent to SR A1A. Sidewalks shall be on one side of the trafficway, except when the DRO approves an alternate pedestrian circulation plan submitted by the applicant, or the Town Commission waives the sidewalk requirements on one or both sides of the trafficway for one or more of the following reasons:

1)         The development planned for the vicinity will be so sparse or will generate so few pedestrians as to not warrant sidewalks.

2)         There is little or no possibility that sidewalks will be built on nearby parcels, thus leaving an isolated segment of sidewalk on the parcel which does not ter­minate at a major pedestrian destination.

b)         Dimensions. A sidewalk shall be at least five (5) feet wide and shall be constructed in accordance with the Minimum Construction Standards Applicable To Public Rights-of-Way Under Broward County Jurisdiction or any other applicable County regulations or standards. The sidewalk shall be sepa­rated from the trafficway, and functionally classified Coun­ty roads, by a curb, or swale.

c)         Pedestrian Barriers. The DRO may require that a site plan indicate fences, hedges, berms, other landscaping, or other barriers on site plans in order to discourage pedestrians from crossing hazardous streets in unsafe points or at nu­merous points. When possible, sites shall be designed so as to promote pedestrian street crossings only at traffic con­trol signals, crosswalks, or intersections.

(14)      Water and Wastewater Easements. If a water or wastewater line to be maintained by the Town Water Department or the County Utilities Division, is to be installed, it shall be installed within a dedi­cated easement or a dedicated right-of-way if approved by the Town Water Department or the County Utilities Division which meets the following standards:

a)         An easement adjacent to a dedicated road right-of-way shall be a minimum of twelve (12) feet in width, shall run paral­lel to the dedicated road right-of-way and shall not be included as part of the road dedication.

b)         A lot line easement shall be a minimum of fifteen (15) feet in total width. Such easement may be mutually shared by adjoining lots or parcels.

c)         A maintenance easement in which both water and wastewater lines are to be installed shall be wide enough to allow for a ten (10) foot separation between lines unless one of the lines is entirely encased in concrete.

d)         The width of an easement immediately adjacent to a building or structure shall be determined by the following factors: type of pipeline (water, wastewater, or force main), size and elevation of line, damage to buildings or structures in the case of failure, and accessibility to utility mainte­nance equipment.

(b)        Access to SR A1A. In order to provide safe and adequate access between proposed development and SR A1A the SR A1A corridor shall meet the fol­lowing requirements:

(1)        General Street Design and Construction Standards

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

b)         The geometric design of streets shall conform to the minimum standards established by the Manual of Uniform Minimum Standards for Design, Construction and Maintenance For Streets and Highways, prepared by Florida Department of Transportation and by A Policy on Design of Urban Highways and Arterial Streets prepared by the American Association of State Highway and Transportation Officials (AASHTO).

c)         The construction of trafficways and work in the public right-of-way shall conform to Broward County Resolution No. 85-3606, Broward County Administrative Code, Minimum Construction Standards Applicable To Public Rights-Of Way Under Broward County Jurisdiction or the Florida Department of Transportation Standards Specifications for Road and Bridge Construction.

d)         The determination of traffic generation rates for a particu­lar development shall conform to the rates adopted for the Broward County Traffic Review and Impact Planning System (TRIPS) or the most recent edition of the Institute of Transportation Engineers Trip Generation Handbook.

(2)        Design Criteria and Street Characteristics Within the SR A1A Cor­ridor

a)         SR A1A shall conform to the criteria and characteristics established by and shown on the Town’s Traffic Circulation Element and the provisions of this Section.

(3)        Median Openings. To assure traffic safety, capacity and control, median openings located on SR A1A shall conform to the following criteria:

a)         Location.

1)         No median opening shall be spaced at a distance less than 660 feet from any other median opening unless specifically approved by the DRC on a finding that, given the particular conditions of the proposed devel­opment, such determination will not compromise traffic operational and safety standards.

2)         Provided the above conditions are satisfied, a median opening serving a driveway may be spaced at a distance of not less than five hundred ten (510) feet from another median opening if the following requirements are met:

(a)        A trip generation study acceptable to the DRC demonstrates that the intersecting local street or minor driveway will not carry an average daily traffic (ADT) greater than two thousand (2,000) vehicles per day. This value is to be reduced appropriately if the median opening also serves a significant number of U-turns daily.

(b)        The site plan incorporates design and traffic control features acceptable to the DRC to pre­vent use of minor driveways by non-local traf­fic.

b)         Design Criteria.

1)         All median openings shall include left turn lanes with at least 200 feet storage with 100 feet transition unless otherwise demonstrated by a traffic engineering study based on the ultimate use, acceptable to the DRC and relevant agency. Increased storage and transition lengths may be required to eliminate disruption of through-traffic flow.

2)         Final design of median openings must be approved by the DRC and relevant agency for compliance with the standards set forth in paragraph 24.4.4 (b(1)c) of this Division.

(4)        Access Limitations for Development Adjacent to SR A1A.

a)         The frontage width of a lot fronting on an SR A1A shall be not less than 200 feet unless the parcel is for a single family dwelling unit or a multi-family site where the lot frontage and lot width is not sufficient to meet the desired standard.

(5)        Setback on Trafficway

a)         Any building constructed along SR A1A shall have a minimum setback consistent with the Town’s Zoning Code.

b)         Any new fence or hedge constructed along SR A1A which would cause a sight visibility obstruction shall be set back a minimum of ten (10’) from the right-of-way requirement as noted in the Town’s Traffic Circulation Element.

c)         The minimum distance from a driving aisle or an access ease­ment, or both, to the right-of-way requirement of SR A1A as noted in the Town’s Traffic Circulation Element shall be ten (10’) where there is no connection to a driveway, unless waived by the DRC.

d)         Within the ten (10’) setback area included in the street or driveway intersection sight triangle thereby created, it shall be unlawful to install, set out or maintain, or to allow the installation, setting out or maintenance of any sign, hedge, shrubbery, tree, natural growth or other ob­struction of any kind which obstructs cross-visibility at a level between twenty-four (24) inches and ninety-six (96) inches above the level of the center of the adjacent inter­section.

e)         The ten-foot (10’) setback requirement of this Subsection may be modified or waived by the DRC to the extent that a traffic study acceptable to the DRC demonstrates that the public safety will not be adversely affected by such modifi­cation or waiver.

(6)        Bus Bay Requirements. If the development abuts SR A1A with an existing or proposed bus route, additional right-of-way for and construction of bus pullout bays may be required to provide for bus stops in suitable locations as determined by the DRC.

(7)        Bus Shelter Easement Requirement. If the development abuts a traf­ficway or trafficway corridor with an existing or proposed bus route, bus shelter easements may be required in suitable locations as determined by the DRC and Mass Transit Division pursuant to the following standards:

a)         The easement shall generally be fourteen (14) feet by eight (8) feet in size.

b)         Such easement shall be a minimum of 1200 feet apart.

(8)        Non-vehicular Ingress and Egress Line. If development abuts a street within a trafficway corridor, a non-vehicular ingress and egress line shall be delineated along the ultimate right-of-way line except at those points of access provided in conformance with the standards of this Division.

            In order to amend a non-vehicular ingress and egress line reflect­ed on the face of a recorded plat the applicant shall file an application with the Office of Planning for submittal to the Board of County Commissioners. The application shall be subject to the development review process set out in this Article. If the plat is within a municipality, a written response from the municipality regarding the proposed change in the non-vehicular ingress and egress line shall be submitted with the application. If the plat is located adjacent to a state road a written response to the proposed change in the non-vehicular ingress and egress line by the Florida Department of Transportation shall be submitted with the application. Any change in the non-vehicular ingress and egress line approved by the Board of County Commissioners shall be reflected in a document recorded in the public records of Broward County, Florida.

(9)        Vehicular Access to Trafficways. Non-dedicated or dedicated ve­hicular access to a street within a trafficway corridor shall conform to the following standards.

a)         General Design Requirements. The design of driveways shall be regulated as follows:

1)         Any development with access to a trafficway shall have either driveway approaches of sufficient width to allow for two-way traffic, or one-way driveways con­nected to aisles, parking areas or maneuvering areas in such a manner as to permit traffic to both enter and leave the development, facing forward, at the same time. A driveway which is only wide enough for one-way traffic shall not be used for two-way access.

2)         The area within the development to which the driveway provides access shall be of sufficient size to allow all necessary functions for loading, unloading, and parking maneuvers to be carried out on private proper­ty and completely off the street right-of-way.

b)         Type of driveway requirements

1)         Minor driveway entrance. The minimum distance from the ultimate right-of-way line at any ingress or egress minor driveway to the outer edge of any interior serv­ice drive or parking space with direct access to such driveway shall be twenty-five feet (25’), measured perpendicularly from the ultimate right-of-way line. This driveway shall provide service for a maximum average daily trip volume of 400 vehicles or a maximum of an average peak hour inbound right-turn volume of 40 vehicles or both. A minor driveway entrance radii shall be 30’ and a minimum width shall be 24’. The DRC and Broward County Traffic Engineering Division may require a deceleration lane of 12’ in width, 150’ storage with 100’ transition, unless a traffic engi­neering study acceptable to the DRC and Broward County Engineering Division demonstrates that the modifica­tion or absence of such a lane will not adversely impact traffic conditions.

2)         Major driveway. The minimum distance from the ultimate right-of-way line at any ingress or egress intermedi­ate driveway to the outer edge of any interior service drive or parking space with direct access to such driveway shall be fifty feet (50’), measured perpen­dicularly from the ultimate right-of-way line. This driveway shall provide for a maximum average daily trip volume of more than 400 vehicles and/or a maxi­mum average peak hour volume of more than 40 inbound right turn vehicles. A minimum deceleration lane 12’ wide, 150’ storage with 100’ transition shall be pro­vided, unless a traffic engineering study acceptable to the DRC and Broward County Traffic Engineering Division demonstrates that the modification or absence of such a land will not adversely impact traffic con­ditions. A minimum of two (2) egress lanes 12’ in width each with one 16’ wide ingress lane shall be provided. An intermediate driveway radii shall be 35’.

3)         Turning lanes

a.         Left turn lane requirements immediately adjacent to the development. A left turn lane with a minimum of 200 feet storage with 100 feet tran­sition shall be provided at each driveway that meets the minimum spacing requirements of Sec­tion 24.4.4 (b) (4), when the speed limit equals or exceeds thirty-five (35) miles per hour or if the ADT of the driveway is 1,000 vehicles or more and/or the average peak hour inbound left turn volume is 25 vehicles or more.

b.         Right turn lane requirements immediately adja­cent to the development. A right turn lane with a minimum of 150 feet of storage and 100 feet of transition shall be provided at each driveway when the speed limit equals or exceeds 35 MPH or if the development will generate 100 or more right turn movements during the peak hour.

c.         Intersection improvements immediately adjacent to the development. At intersections which abut the development the following improvement shall be provided:

1.         A right turn lane shall be provided if the street’s speed limit equals or exceeds 35 MPH or if the development will generate 100 or more right turns during the peak hours.

2.         A left turn lane shall be provided if the street’s speed limit equals or exceeds 35 MPH or if the development will generate 25 or more left turns during the peak hour.

d.         Required storage and transition lengths may be modified where conditions warrant and are ac­ceptable to the DRC and Broward County Engineer­ing and Traffic Engineering Divisions. When storage and transition lengths are so modified, the minimum distances set forth in the Town’s Design Standards may be correspondingly adjust­ed if appropriate.

4)         Off-street vehicular circulation. Where a development is located on a street within a trafficway corridor the parking facility shall have full internal vehicu­lar circulation and storage. Vehicular circulation must be completely contained within the property and vehicles located within one portion of the development must have access to all other portions without using the adjacent street system.

5)         Off-street vehicle reservoir areas. Adequate reservoir capacity shall be required for both inbound and out­bound vehicles to facilitate the safe and efficient movement between the street and the development. An inbound reservoir shall be of sufficient size to en­sure that vehicles will not obstruct the adjacent street, sidewalk and circulation within the facility. An outbound reservoir shall be required to eliminate backup and delay of vehicles within the development.

Chapter 12-3: PLATTING AND SUBDIVISION REGULATIONS

DIVISION 3.  PLATTING AND SUBDIVISION REGULATIONS

 

Sec. 12.3.1   Purpose

No plat of lands lying within the Town of Hillsboro Beach may be recorded in the official Records of Broward County prior to approval by the Town Commis­sion. It is the purpose of this Division to establish procedures and require­ments for obtaining Town Commission approval of a plat of land located within the Town limits.

Sec. 12.3.2   General Provisions

(a)        Filing of preliminary plat. At least forty-five (45) days prior to fil­ing an application for final plat approval from the Town Commission, the applicant shall file an application for preliminary plat review pursuant to the procedures of this Division.

(b)        Notice to Other Agencies. A copy of any written comments, reports or recommendations resulting from reviews conducted pursuant to this sub­section shall be promptly forwarded to appropriate agencies and or Bro­ward County by the DRO.

(c)        Compliance with Comprehensive Plan. An application for final plat ap­proval shall comply with the applicable provisions of the elements of the Town's Comprehensive Plan.

Sec. 12.3.3      Mandatory Preliminary Plat Review

Prior to filing an application for final plat approval, an applicant shall file an application for preliminary plat review.

(a)        Procedures.

(1)        An application for preliminary plat review shall be filed and processed pursuant to Subsections 12.1.4 (a) through (d), and (f) and (g) of this Article.

(2)        Preliminary development review report. Within nine (9) working days of receiving the reviewing agencies' staff reports, the DRO shall prepare a preliminary development review report on the ap­plication. Such preliminary development review report shall be completed and available to the applicant at least two (2) working days prior to the Development Review Committee's review of the application.

(b)        Submission requirement. An application for preliminary plat review shall be accompanied by an application and a preliminary plat for development, the overall size of which shall be 24" x 36", drawn at a scale no smaller than 1" = 1' except when a smaller scale is approved by the Broward County Engineering Division, Plat Section, and which shows the following;

(1)        Proposed subdivision name or identifying title. Such name shall not be the same or in any way so similar to any name appearing on any recorded plat in Broward County as would confuse the records or mislead the public as to the identity of the subdivision, ex­cept when an existing subdivision is subdivided as an additional unit or section by the same developer or his successors in title.

(2)        A plat location sketch.

(3)        North arrow, scale and date.

(4)        Name of the owner of the property or the owner's authorized agent.

(5)        Name of the registered surveyor responsible for the plat.

(6)        Lots and blocks of adjacent recorded plats, giving plat book and page number along with names of such plats.

(7)        Plat limits with angles and distances. Plat limits must be clearly marked with a heavy line.

(8)        All existing watercourses, canals and bodies of water within or adjacent to the plat limits.

(9)        All existing streets and alleys on or adjacent to the tract, in­cluding name and right-of-way width.

(10)      The legal description of the property being platted.

(11)      All existing easements and rights-of-way within or adjacent to the plat limits and the purposes for which the easements or rights-of-way have been established, where known to the surveyor.

(12)      Location and width of all proposed ultimate rights-of-way, alleys, easements; proposed lot lines with dimensions, public areas, and parcels of land proposed or reserved for public use.

(13)      If the development abuts a trafficway, proposed points of access to the trafficway.

(14)      Access to a public right-of-way that will be utilized by the pro­posed development.

(c)        Committee review. Prior to issuance of the recommendation to proceed, the Development Review Committee shall review the application for pre­liminary plat review for conformity with the requirements for final plat approval of this Article and shall compile a list of those corrections and additions, if any, to the preliminary plat which must be made by the applicant in order to receive a recommendation to approve an application for final plat approval by the Development Review Committee.

(d)        Issuance of recommendation to proceed. Within fifty (50) calendar days from the acceptance of an application for preliminary plat review, the DRO shall issue to the applicant a recommendation to proceed with an application for final plat approval. The recommendation to proceed shall indicate those corrections and additions established by the Development Review Committee as necessary to receive a recommendation to approve an application for final plat approval.

(e)        Effect of recommendation to proceed.

(1)        A recommendation to proceed shall have full force and effect for a period of six (6) months from the date of the Development Review Committee meeting at which the preliminary plat was reviewed.

(2)        If an application for final plat approval is filed, based on a preliminary plat subject to an effective recommendation to pro­ceed, said application shall include the additions and corrections required by the recommendation to proceed or be deemed an incom­plete application for the purposes of Section 12.1.4 (a) of this Article.

(3)        An applicant may submit a written request for a two-month exten­sion of the effective six (6) month time period of the recommenda­tion to proceed issued for the preliminary plat pursuant to Sec­tion 12.3.3 (d). If a written request for an extension is not submitted prior to the expiration of the effective period, the recommendation to proceed shall have no force and effect. A com­plete application for final plat review shall be filed within the two (2) month extension period or the recommendation to proceed shall have no force or effect.

Sec. 12.3.4   Final Plat Approval: Procedural Requirements

(a)        Submission Requirements. An application for final plat approval shall include the following documents and be delivered to the DRO provided for in Section (f): The final plat linen, an original title certificate or an attorney's opinion of title, tax letter or receipt from the Broward County Revenue Collection Division for tax letter preparation, subdivi­sion plat filing form, plat review service charge form, review fee, and one blueprint of the plat. The final plat linen shall be an original drawing, prepared pursuant to Chapter 177, Florida Statutes, and con­taining original signatures. The overall size shall be 24” x 36”, with proper borders clear of all writing except for the space for plat book and page, and Office of Planning plat file number, drawn to a scale no smaller than 1” = 100’, except when a smaller scale is approved by the Broward County Engineering Division, Plat Section, and showing the fol­lowing additional information:

(1)        Space for signature of the chairman of the County Commission.

(2)        Space for signature of County administrator.

(3)        Space for Engineering Division Director's signature and seal.

(4)        Signature of designated municipal official except where the plat is within a compact deferral area. This requirement may be met before final plat approval.

(5)        Space for County Surveyor's signature and seal, if applicable.

(6)        Space for approval of Broward County Planning Council.

(7)        Plat location sketch.

(8)        The parcel encompassed by the legal description shown on the plat shall be clearly identified with a heavy line, dimensions and courses, with independent ties to two (2) or more land corners, or to a recorded subdivision, and one (1) land corner.

(9)        Space for plat book and page number outside the border in the upper right hand corner of each page.

(10)      Plat file number as assigned by the Broward County Office of Plan­ning, Development Management Division, outside the border in the lower right hand corner of each page.

(11)      Notes or legend and any tabular data or other data pertinent to the plat, on each page that contains the drawing.

(12)      Executed dedication and acknowledgement.

(13)      Executed mortgage approval and acknowledgement.

(14)      Adjacent streets.

(15)      All plat dimensions shall be shown accurate to one-hundredths of a foot, except for riparian boundaries, which may be shown as ap­proximate with a witness line showing complete dimension data. Rows of lots with the same dimensions may use ditto marks provid­ing the first and last lots in the row are appropriately dimen­sioned.

(16)      Computation of the square footage of each parcel of land and the acreage of the land proposed to be platted accurate to the nearest square foot. All survey and survey information shall be certified by a land surveyor licensed in the State of Florida.

(17)      At least two (2) benchmarks referenced to the National Geodetic Vertical Datum of 1929 or the Broward County Vertical Network in conformity with the standards adopted by the National Ocean Survey for Third Order Vertical Control. No benchmark shall be estab­lished purporting to be based on the National Geodetic Vertical Datum or the Broward County Vertical Network unless the benchmark is certified by a surveyor licensed in the State of Florida and such certification is shown on the plat. The benchmarks shall be of a permanent nature, easily accessible, located within, along or within two hundred (200') feet of the plat boundary and described by ties to the plat boundary. The plat shall list in the plat notes benchmarks were established. Only benchmarks established by federal, state, county or municipal governments shall be accept­able as the starting benchmark.

(18)      The plat shall be restricted to grid bearings or azimuths, state plane coordinates shown on all permanent reference monuments and all land ties where the plat lies within sections assigned state plane coordinates that have been recorded in the public records of Broward County. Coordinates may be tabulated when necessary for legibility, and must appear on each page that contains the draw­ing. State plane coordinates shall be derived from field measure­ments in conformity with the Minimum Technical Standard for Land Surveying pursuant to Chapter 21, Section 21HH-6, Florida Adminis­trative Code, adopted by the Florida Board of Land Surveyors, September 1, 1981.

(19)      A mathematical closure of the plat boundary shall not exceed three hundredths (.03) of a foot.

(20)      Copies of approved certified corner records shall be submitted to the County Land Surveyor prior to plat recordation unless approved certified corner records are on file with the State of Florida Department of Natural Resources pursuant to Chapter 177, Part III, Florida Statutes.

(21)      The Surveyor's Certificate shall state conformity with:

a)         Chapter 177, Florida Statutes

b)         National Geodetic Vertical Datum (NGVD) and National Ocean Survey Third Order Vertical Control Standards.

c)         Applicable sections of Chapter 21-HH-6, Florida Administra­tive Code.

(b)        An application for final plat approval shall be submitted to the DRO accompanied by a valid preliminary plat recommendation to proceed and receipts of acceptance from the Broward County Engineering Division and Broward County Environmental Quality Control Board.

(c)        Procedural Requirements.

(1)        An application for final plat approval shall be filed and proc­essed pursuant to Subsections 12.1.4 (a) (1), (f), (g) and (j) through (l) of this Article.

(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.

(3)        The applicant, by written authorization, may request that schedul­ing of the plat, as provided for in Section 12.1.4 (i) be de­ferred. At which time the DRO shall consider the application for final plat approval withdrawn. The application will not be for­warded to the Town Commission for approval until the applicant formally requests placement before the Commission.

(4)        Upon acceptance of the application for final plat approval, the DRO shall forward to the relevant reviewing agencies and depart­ments set out in Section 12.1.4 (b) of this Article, a copy of the application. The agencies shall prepare a staff report amending or affirming their comments on the preliminary plat application, and forward such staff report to the DRO within nine (9) working days of transmittal by the DRO of the application copy and accompanying material.

(5)        Within five (5) working days of acceptance of the application for final plat approval, the DRO shall forward to the applicant a determination as to whether the proposed plat falls within or creates a compact deferral area. This determination shall be made based upon the day on which the accepted application was received. A notification that a proposed plat falls within or creates a compact deferral area shall set forth the options available to the applicant as described in Section 12.1.4 (k).

(6)        Within six (6) working days of receipt of all the agency staff reports, the DRO shall prepare a written final Development Review Report with proposed findings and a recommendation. Within twenty-one (21) calendar days of acceptance of the application for final plat approval, the DRO shall forward to the applicant a notifica­tion of readiness, stating that the application is ready to be presented to the Town Commission.

Sec. 12.3.5   Final Plat Approval: Development Review Requirements

An application for final plat approval for lands within the Town shall comply with the Development Review Requirements as described in Division 2 of this Land Development Code. Town Commission approval on Final Plats is contingent on a satisfactory assessment of the criteria and level of service standards as detailed in Division 2 of the Land Development Code.

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.

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.