HomeMy WebLinkAboutOrdinance_402_05/24/1990fi
ORDINANCE N0. 402
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, REQUIRING THAT
ADEQUATE PUBLIC FACILITIES SHALL BE PROVIDED CONCURRENT
WITH GROWTH AND DEVELOPMENT AND CONSISTENT WITH THE
ADOPTED LEVEL-OF-SERVICE STANDARDS ESTABLISHED IN THE
VILLAGE OF TEQUESTA COMPREHENSIVE DEVELOPMENT PLAN;
PROVIDING FOR TITLE; PROVIDING A TABLE OF ADOPTED LEVEL OF
SERVICE STANDARDS; PROVIDING FOR EXEMPTION OF SINGLE
FAMILY DWELLINGS AND DUPLEXES; PROVIDING FOR PROHIBITION;
PROVIDING FOR CONCURRENCY DETERMINATIONS FOR
REDEVELOPMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Growth Management Act of 1985, as amended,
and F.A.C. Rule 9J-5, as amended, require that local
governments adopt comprehensive plans; and
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WHEREAS, these statutory provisions and rules require, in
part, that local governments set realistic and adequate levels
of service for public facilities serving development and that
the elements of the Comprehensive Plan be internally
consistent, including the relationship between the use and
density/intensity of the Land Use element and the levels of
service set for the public facilities and services serving
development; and
WHEREAS, these statutory provisions and rules require that
no development order or development permit be issued unless
facilities and services at the level of service standards
adopted in the Comprehensive Plan are available to serve that
development concurrent with the impact of development; and
WHEREAS, the Village of Tequesta, Florida, has adopted a
Comprehensive Plan, pursuant to these statutory provisions and
rules and other authority; and
WHEREAS, the statutory provisions and rules require that
land development regulations be adopted to implement the
Village of Tequesta's Comprehensive Plan; and
WHEREAS, level of service standards have been adopted for
public facilities and services by the Village in the Capital
Improvements element of the Comprehensive Plan; and
WHEREAS, the concurrency requirements of the Comprehensive
Plan bear a substantial relationship to legitimate public
purposes by preventing harm to, and promoting, the public
health, safety and welfare of the citizens of the Village of
Tequesta, Florida.
NOW, THEREFORE, BE IT RESOLVED by the Village Council of
the Village of Tequesta, as follows:
Section I. TITLE
This Ordinance shall be known as, and may be cited as
the "Adequate Facilities and concurrency Management Ordinance"
of the Village of Tequesta, Florida.
Section II. DEFINITIONS
(1) "concurrency" means that the necessary public
facilities and services to maintain the adopted level of
service standards are available when the impacts of development
occur.
Section III. STANDARDS
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The following Level-of-Service Standards have been
adopted in the Capital Improvements element of the
Comprehensive Plan and shall be used by the Village to assure
concurrency of future development within the corporate limits
of the Village of Tequesta with the provision of public
facilities and services:
VILLAGE OF TE UESTA PUBLIC FACILITY
LEVEL OF SERVICE STANDARDS
1. Traffic: (Roads & Right-of-Ways)
Roadway Type
Collector
Urban minor arterials
Principal arterials
2. Sanitary Sewer:
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Maximum Monthly
Category Daily Flow (MMDF)
Residential
Non-Residential
73.1 gallons/
capita/day
431 gallons/
acre/day
Maximum
Daily Flow (MDF)_
78.8 gallons/
capita/day
464.9 gallons/
acre/day
3. Drainage: Public drainage facilities Level of
Service standard of a three (3) year frequency,
twenty-four (24) hour duration storm event is hereby
adopted, and shall be used as the basis of estimating
the availability of capacity and demand generated by
a a proposed development project. As a general
drainage requirement, each propased project and/or
site shall maintain 95~ of all storm water runoff on
site.
4. Potable Water: The following potable water Level of
Service standards are hereby adopted and shall be
used as the basis for estimating the availability of
facility capacity and demand generated by a proposed
development project:
Average Dav Water Consumption Rate
Residential
Non-Residential
Maximum Dav Water Consumption
Residential
Non-Residential
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{LOS) (LOS)
Standard Peak
C D
C D
C D
236 gallons/capita/day
Nane. Established/LOS
Standard shall be estab-
lished by 1991.
354 gallonslcapita/day
None. Established/LOS
Standard shall be estab-
lished by 1991.
5. Recreation: Level-of-Service Standards Table
Classification Area/Activity Standard (Unit/Population)
Neighborhood Parks
• Community Parks
Beaches
Golf Courses
Tennis
Basketball
Baseball/Softball
Football/Soccer
Playground Areas
Beach Access Easements
Section IV. EXEMPTIONS
2 acres/1,000
2 acres/1,000
1 mile/31,250
9 holes/30,000
1 court/2,500
1 court/2,500
1 field/7,200
1 field/4,800
1 acre/3,600
1 per 1/2 mile of
developed or redeveloped
beach frontage
Individual single family dwellings and duplexes shall
be exempt from the provisions of this ordinance as set forth
herein if such single family units and duplexes have been
considered in a previous site plan review. In addition, the
Village may vest other development rights in accordance with
Florida Statutes 163.3167(8).
Section V. PROHIBITION
No future development within the corporate limits of
the Village of Tequesta, Florida, shall be approved and no
development order or permit, as defined by Chapter 163.3164,
F.S., shall be issued that violates or exceeds the level of
service standards for public facilities and services, as set
forth in the Capital Improvements element of the Village of
Tequesta's Comprehensive Plan; provided, however, that a
development order or permit may be issued if it is conditioned
on providing the public facilities and services necessary to
serve the proposed development, and if provided by the
applicant for the development order or permit.
Section VI. CONCURRENCY DETERMINATIONS FOR REDEVELOPMENT
(1) 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:
(a) Residential Redevelopment: There is no increase in
the density or square footage from that prior to
redevelopment.
(b) 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.
(2) 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 Level-of-
Service shall be determined and based upon the drainage needs
of the entire use of the property.
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Section VII. SEVERABILITY
If any provisions 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 grovisions of this Ordinance
are hereby declared severable.
Section VIII. CODIFICATION
This Ordinance shall be codified and made a part of
the official Code of Ordinances of the Village of Tequesta.
Section IX. EFFECTIVE DATE
This Ordinance shall take effect immediately upon its
passage and approval, as provided by law.
THE FOREGOING ORDINANCE was offered by Councilmember
Ron T. P,4ackail who moved, its adoption.
The Ordinance was seconded by Earl L. Collings
and upon being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
William E, Burckart
Joseph N. Capretta
Earl L. Collings
Edward C. Howell
Ron T. 1~Zackail
The Mayor thereupon declared the Ordinance duly passed and
adopted this ~z,h day of P,~aT , 1990.
Mayor of Tequesta
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Jo h Capretta
ATTEST:
Bill C. asca elis
Village Cler
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