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HomeMy WebLinkAboutOrdinance_425_09/04/1991 ORDINANCE NO. 425 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, PROVIDING FOR . REQUIREMENTS FOR DEVELOPER AGREEMENTS, PROVIDING FOR PUBLIC HEARINGS; PROVIDING FOR DURATION; PROVIDING FOR PERIODIC REVIEW AND CONSISTENCY WITH THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS; PROVIDING FOR CANCELLATION, MODIFICATION OR REVOCATION OF DEVELOPMENT AGREEMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. n u WHEREAS, pursuant to § 163.3223, Florida Statutes, the Village may establish procedures and requirements to consider and enter into a development agreement with any person having a legal or equitable interest in real property located within the jurisdiction of the Village; and WHEREAS, the Village desires to regulate and provide for the ability to consider and enter into development agreements. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS: Section 1. Public Hearings. t (1) Before entering into, amending, or revoking any development agreement for a development as defined in the Comprehensive Plan of the Village of Tequesta, the Village shall conduct two (2) public hearings. (2) (a) Notice of intent to consider a development agreement shall be advertised seven (7) days before each public hearing in a newspaper of general circulation and be mailed before the first public hearing to all affected property owners that reside within the Village within three hundred feet (300') of the property subject to the application. The day, time, v and place at which the second public hearing will be held shall be announced at the first public hearing. All advertising costs as provided herein shall be borne by the applicant. (b) The notice shall specify the location of the land subject to the development agreement, the development uses proposed on the property, the ~--- proposed population densities, and the proposed building intensities and shall specify a place where a copy of the proposed agreement can be obtained. r---~ Section 2. Requirements. (1) A development agreement submitted to the Village for consideration shall include the following: (a) A legal description of the land subject to development agreement and the names of legal and equitable owners. (b) The duration of the development agreement. the ~ -v its (c) The development uses permitted on the land, including population densities, building intensities and height. ~ ' ~ (d) A description of public facilities that will service the development, including who will provide such facilities, the date any new facilities, if needed, will be constructed, and a schedule to assure that public facilities are available concurrent with the impacts of development. (e) A description of any reservation or dedication of land for public purposes on the property subject to the development agreement. (f) A description of all approved development permits or permits which need to be approved for the development of the lands. (g) A finding that the development permitted or proposed is consistent with the Comprehensive Plan and Land Development Regulations of the Village of Tequesta. (h) A description of any conditions, terms, restrictions or other requirements determined to be necessary by the Village for the public health, safety or welfare of its citizens. L (i) A statement indicating that the failure of the development agreement to address a particular permit, condition, term or restriction shall not relieve the developer of the necessity of complying with any law governing said permitting requirements, conditions, terms or restrictions. (2) The Village may require that a development agreement provide that the entire development or any phase thereof be commenced or completed within a specified period of time. (3) Consideration of a development agreement by the Village shall not in any way be considered as consideration of an application to amend the Comprehensive Plan of the Village. Section 3. Duration. The duration of a development agreement shall not exceed five (5) years, and may be extended by the mutual consent of the parties subject to the public hearing requirements as set forth in Section 1. Section 4. Consistency and Periodic Review. (1) A development agreement and authorized development shall be consistent with the Comprehensive Plan and Land Development Regulations of the Village of Tequesta. (2) The Village shall review the land subject to the development agreement at least once every twelve (12) months to determine whether there has been good faith compliance with the terms of the development agreement. If the Village finds on the basis of substantial competent evidence there has been a failure to comply with the terms of the development agreement, the agreement may be revoked or modified by the Village pursuant to a public hearing as set forth in Section 1. Section 5. Law Governing. (1) The development of the land shall be governed by the Village of Tequesta Code of Ordinances in existence at the time of the execution of the development agreement and all applicable state and federal laws. 2 „ ,,, - (2) The Village may apply subsequently adopted laws and policies to a development that is subject to a development agreement if the Village has held a public hearing and determined: (a) The subsequent laws or policies are not in conflict with the laws and policies in existence at the time of execution of the development agreement and do not prevent development of the land uses, intensities or densities in the development agreement; or (b) The subsequent laws or policies are essential to the public health, safety or welfare and expressly state that they shall apply to the development that is subject to development agreement; or (c) The subsequent laws or policies are specifically anticipated and provided for in the development agreement; or • (d) The Village demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement; or (e) The development agreement is based on substantially inaccurate information supplied by the developer. Section 6. Amendment or Cancellation. The development agreement may be amended or cancelled by the mutual consent of the parties to the development agreement or by their successors or assigns. Section 7. Recording of a Development Agreement. Within fourteen (14) days after the Village enters into a development agreement, the Village shall record the agreement with the Clerk of the Circuit Court in Palm Beach County, Florida. A copy of the recorded development agreement shall be submitted to the state land planning agency within fourteen (14) days after the agreement is recorded. The provisions of the development agreement shall be binding upon and the benefits of the agreement shall inure to all successors in interests to the parties to the agreement. Section 8. Modification or Revocation. If state or federal laws are enacted after the execution of a development agreement which are applicable to preclude the parties' compliance with the terms of the development agreement, such agreement shall be modified or revoked as is necessary to comply with the relevant state or federal laws. Section 9. Severability. 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. Section 10. Repeal of Ordinances in Conflict. All other ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 11. Codification. This Ordinance shall be codified and made a part of the official. Code of Ordinances of the Village of Tequesta. 3 Section 12. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. • THE FOREGOING ORDINANCE was offered by Councilmember Earl L Collings who moved its adoption. The Ordinance was seconded by Councilmember William E. Burckaxt and upon being put to a vote, the vote was as follows: a I' ~ u FOR ADOPTION AGAINST ADOPTION William E. Burckart Earl L. Collings Edward C. Howell Ron T. Mackail The Mayor thereupon declared the Ordinance duly passed and adopted this 4th day of September 1991. MA OF TEQUE~SjJTA G i~/ . " ep N. Capretta PAM\13153-01\TEQUESTA.ORD 4