HomeMy WebLinkAboutOrdinance_447_05/13/1993ORDINANCE NO. 447
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER
14, LAND DEVELOPMENT, OF THE CODE OF ORDINANCES OF THE
VILLAGE OF TEQUESTA, BY AMENDING ARTICLE V, WELLFIELD
PROTECTION, BY ADDING NEW RESERVED SECTIONS 14-95
THROUGH 14-99; BY ADDING NEW ARTICLE VI, CONCURRENCY
REQUIREMENTS, SECTIONS 14-100 THROUGH 14-107; BY ADDING
TO ARTICLE VI RESERVED SECTIONS 14--108 THROUGH 14-130;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS
FOLLOWS:
Sect ion 1. Chapter 14 of the Code of Ordinances of the
Village of Tequesta is hereby amended by adding new reserved
Sections to article V, Wellfield Protection, to read as
follows:
Sec. 14-95 - 14-99. Reserved.
Section 2. Chapter 14 of the Code of Ordinances of the
Village of Tequesta is hereby amended by adding new Article
VI, Concurrency Requirements, Sections 14-100 through 14-107
to read as follows:
Article VI. Concurrency Requirements
Sec. 14-100. Concurrency determinations and the development
approval process.
(a) For single-family and two-family development,
concurrency determinations shall be made at the time a
development permit application is made.
(b) For development requiring development plan approval,
concurrency determinations shall be made at the first stage
in the development plan approval process.
Sec. 14-101. Adopted levels of service shall not be
degraded.
( a) Generally.
(1> All applications for development orders shall ensure
that the proposed development does not degrade adopted
levels of service in the Village.
<2) An application for development permit shall ensure that
the proposed development does not degrade adopted levels
of service if there exists no development order under
which the permit is sought, and no development order is
required prior to the issuance of the permit, e. g., a
residence on a parcel of unplatted land.
(3> The final determination regarding concurrency is at the
issuance of the development order. If no development
order is required, the latest point to determine
concurrency is the first development permit on a site.
< b> Except ion.
Notwithstanding the foregoing, the prescribed levels of
service may be degraded during the actual construction of new
facilities, if upon completion of the new facilities the
prescribed levels of service will be met.
Sec. 14-102. Determination of available capacity.
For purposes of these regulations the available capacity
of a facility shall be determined by:
(a> Adding together:
(1> The total capacity of existing facilities operating at
the required level of service; and
<2> The total capacity of new facilities, if any, that will
become available on or before the date of occupancy of
the development. The capacity of new facilities may be
counted only if one or more of the following is shown:
a. Construction of the new facilities is under way at
the time of issuance of the development order.
b. The new facilities are the subject of a binding
executed contract for the construction of the.
facilities or the provision of services at the time
of issuance of the development order.
c. The new facilities are guaranteed in an enforceable
development agreement. An enforceable development
' agreement may include, but is not limited to,
development agreements pursuant to Section 163.3220,
Florida Statutes, or an agreement or development
order pursuant to Chapter 3$0, Florida Statutes.
Such facilities shall be consistent with the Capital
Improvements Element of the Village Comprehensive
Plan. The agreement must guarantee that the
necessary facilities and services will be in place
when the impacts of the development occur.
<b) Subtracting from that number the sum of:
(1) The demand for the service or facility created by
existing development as documented in the Village
Comprehensive Plan; and
(2> The demand for the service or facility created by the
anticipated completion of other approved developments,
redevelopment, or other development activity.
Sec. 14-103. Action upon failure to show available capacity.
Where available capacity cannot be shown, the followinq_
methods may be used to maintain adopted levels of service:
<a) The owner or developer ma_y provide the necessary
improvements to maintain levels of service. In such case,
the application shall include appropriate plans for
improvements, documentation that such improvements are
designed to provide the capacity necessary to achieve or
maintain the levels of service, and recordable instruments
guaranteeing the construction, consistent with calculations
of capacity set forth in 14-102 < a> and < b> .
<b) The proposed development may be altered such that the
projected levels of service are no less than the adopted
levels of service.
Sec. 14-104. Burden of showing compliance on developer.
The burden of showing compliance with level of service
requirements shall be upon the developer. In order to be
approved, applications for development approval shall provide
sufficient information showing compliance with these
standards.
page 2
Sec. 14-105. Annual report.
< a) Generally.
The Village shall prepare an annual report which shall
enable the Village to monitor the availability of capacity,
the allocations of capacity to various types of developments,
and summaries of development activities.
<b) Contents.
The annual report shall include:
<1> A summary of actual development activity, including a
summary of certificates of occupancy, indicating
quantity of development represented by type and square
footage or number of units.
(2> A summary of development permit act ivity, indicating:
a. those that expired without commencing construction;
b. those that are active at the time of the report;
c. the quantity of development represented by the
outstanding development permits, i. e., square
footage/number of units;
'
d. those that result from development orders issued
prior to the adoption of these regulations; and
e. those that result from development orders issued
pursuant to the requirements of these regulations.
(3> A summary of development orders issued, indicating:
a. those that expired without subsequent development
permits;
b. those that were completed during the reporting
period;
c. those that are valid at the time of the report but
do not have associated development permits or
construction activity; and
d. the phases and quantity of development represented
by outstanding development orders.
<4) An evaluation of the level of service for all public
facilities indicating:
a. the capacity available for each at the beginning of
the reporting period and the end of the reporting
period;
b. the portion of the available capacity held for valid
development orders;
c. a comparison of the actual capacity to calculated
capacity resulting from approved development orders;
d. a comparison of actual capacity and levels of
service to adopted levels of service from the
Village Comprehensive Plan; and
e. a forecast of the capacity for each based upon the
most recently updated schedule of capital
improvements in the Capital Improvements Element of
the Village Comprehensive Plan.
(b) Use of the Annual Report.
The annual report shall constitute prima facie evidence
of the capacity and levels of service of public facilities
for the purpose of issuing development orders during the
twelve <12> months following completion of the annual report.
s
page 3
Sec. 14-106. concurrency determinations for redevelopment.
(a> Redevelopment shall be exempt from concurrency
determinations relative to transportation, sanitary sewer,
solid waste, potable water and recreation/open space,
provided the following conditions are met.
<1) Residential Redevelopment: There is no increase in the
density or square footage from that prior to
redevelopment.
(2) Non-residential Redevelopment: There is no increase in
the square footage of the building(s) or intensity of
use of the property from that prior to redevelopment.
<b> Redevelopment which is'not determined to be exempt shall
be subject to concurrency determinations only with respect to
those impacts in excess of that attributable to the property
prior to the redevelopment; except, however, that concurrency.
with respect to the Village's drainage LOS shall be
determined and based upon the drainage needs of the entire
use of the property.
Sec. 14-107. Rights determined to be vested.
' A development order or right may be determined to be
"vested" pursuant to an administrative procedure established
by the Village Council based on the owner or applicant's
demonstration through presentation of competent, substantial
evidence that he or she acted in good faith and in reasonable
reliance upon some act or omission of the Village and has
made such a substantial change in position and has incurred
such extensive obligations or expenses based upon that act or
omission. A land use designation in a prior comprehensive
plan, or a zoning designation is not sufficient to constitute
an act or omission of the Village. The treatment of similar
cases by Florida courts, as reviewed by the Village attorney,
as well as recommendations of staff shall be relevant to the
determination of the ex±ent vested rights are established, if
any. A vested rights determination pursuant to Chapter 163,
Florida Statutes, shall be deemed to be an action taken on a
development order and shall be subject to challenge in the
manner provided in Florida Statutes 163.3215.
Sect ion 3. Chapter 14 of the Code of Ordinances of the
Village of Teguesta is hereby amended by adding reserved
Sections 14-108 through 14-130 to Article VI to read as
follows:
Sec. 14-108 - 14-130. Reserved.
S_e_ct io_n 4. _ Severabi l ity. If any provision of this
Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or
applications of this Ordinance which can be given effect
without the invalid provisions or applications, and to this
end, the provisions of this Ordinance are hereby declared
severable.
Sect ion 5. Codif icat ion.
Codif ied and made a part of
of the Village of Teguesta.
This Ordinance shall be
the official Code of Ordinances
Section 6._ Effective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided
by law.
page 4
THE FOREGOING ORDINANGE was offered by
Councilmember Burckart _ who moved its
adoption. The Ordinance was seconded by
..
ounc i 1 member __. Schauer-___ ____ ._. __ and upon be inQ
put to a vote, the vote was as follows:
FOR--.ADOPTION AGAINST ADOPTION
- -.Isu.~~nh._~.,, a~~ e t t a---
._F~.x~_.~_Co1.lings
__ Ron_T._ Mackail
William E. Burckart
Elizabeth A. Schauer
The Mayor thereupon declared the Ordinance duly passed
and adopted this 1.3_:~.h dap of _ _..._--. MaY_..---------------__ -__. 1993.
MAYOR OF TEOUESTA
~~> m
.~._d-__aa.--- .._.
Ron T. Mackail
ATTEST:
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i1V~C1er
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