HomeMy WebLinkAboutOrdinance_398_05/10/19901
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ORDINANCE NO. 398
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'~ AN ORDINANCE CF THE VILLAGE COUNCIL OF THE VILLAGE OF
~' TEQUESTA. PALM BEACH COUNTY, FLORIDA, AMENDING
~I ORDINANCE N0. 56, AS AMENDED, IN ITS ENTIRETY BY
~! PROVIDING FOR A NEW COMPREHENSIVE SUBDIVISION ORDINANCE
REGULATING THE SUBDIVISION OF LAND WITHIN THE CORPORATE
LIMITS OF THE VILLAGE 4F TEQUESTA; PROVIDING FOR
~' DECLARATION OF PURPOSE, JURISDICTION AND DEFINITIONS;
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If PROVIDING FOR PROCEDURES FOR PLAT APPROVAL; PROVIDING
FOR FLAT REQUIREMENTS; PROVIDING GENERAL REQUIREMENTS
(' AND DESIGN STANDARDS; PROVIDING FOR IMPROVEMENTS PRE-
~~ REQUISITE TO FIt1AL APPROVAL; PROVIDING FOR
~! MODIFICATIONS AND VARIANCES IN EVENT OF HARDSHIP;
!~ PROVIDING PENALTIES FOR VIOLATIONS HEREOF; PROVIDING
~' FOP. SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING
~I, AN EFFECTIVE DATE.
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BE IT ORDAINED BY THE VILLAGE COUNCIL 4F THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA. AS FOLLOWS:
ARTICLE 1. DECLARATION 4F PORPOSE. JURISDICTION AND
DEFINITIONS.
Section 1. Ordinance No. 56, as amended, Appendix B,
Subdivision Regulations is hereby repealed. '~
Section 2. Declaration of Purpose. The procedures
and standards far the development and subdivision of real
estate and for the surveying and platting thereof, adopted and
prescribed by this ordinance and hereby found by the Village of
Tequesta, Florida to be necessary and appropriate in order to
provide for economical and sufficient streets with adequate
widths and wit2-i proper alignment and grades designed to promote i
the public safety, health and general welfare. to provide for !,
suitable residential neighborhoods with adequate streets and ',
utilities and appropriate building sites to save unnecessartr
expenditure of public funds by initial proper construction of
streets and utilities a.nd to provide proper land records for
the convenience of the public and far better identification and ,
permanent location of real estate boundaries.
Section 3, Jurisdiction. From and after the date of
adoption, these regulations shall govern subdivisions of land
within the Village limits and subdivisions about to be annexed
to t~'ie Village, and no subdivider may proceed with improvement
or sale of lots in a subdivision until such subdivision plat
shall have been approved and accepted herein.
Sect ion 4. Definitions. For the purpose of these
regulations certain words and terms used herein are defined as
follows:
< 1) Building Official. Shall mean the Building Off icial of
the Village of Tequesta.
C2? Cul-de-sac. A street having one open end and being
permanently terminated by a vehicular turn-around.
<3? Dedication. The deliberate appropriation of land by
its owner for any general and public uses, reserving to
himself no other right than such as are compatible with
the full exercise and enjoyment of the ptablic uses to
w~-iich the cr:aperty has been devoted.
C 4) Easement. A right-of-way granted for 1 invited use of
private property for a public or quasi-public purpose.
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C5) Lot. A tract or parcel of land identified as a single
~, unit in a subdivision and intended for transfer of
ownership, use or improvement.
C6) Manager. Shall mean the Village Manager of the Village
of Tequesta.
C7) Right-of-way. Land reserved, used or to be used far a
street, alley, walkway, drainage facility or other
public purpose.
C8) Setback Iine. The distance between the street right-of-
way line and the front wall of the main structure. In
the Zoning Ordinance this distance is defined as the
Front Yard. (This should not be confused with setback
lines sometimes established by ordinance for the
purpose of ultimate street widening, measured from the
center 1 ine of the right-of-way. )
C9) Sight distance. The minimum extent of an unobstructed.
forward vision Cin a horizontal plane) along a street
from a vehicle located at any given point on a street.
C14) Sketch plan. An informal plan indicating the salient
existing features of the site and its surroundings a.s
described in Article II and the general layout of a
proposed subdivision.
C1I) Street, The term "Street" means a public way for
vehicular traffic whether designated as a street,
highway, thoroughfare, parkway, throughway, road.
boulevard, lane, place or however designated
C a) Alley. A minor road
for vehicular service
of properties otherwise
tb? Arterial streets and
used primarily for fast
way which is used primarily'
access to the back or side
abutting on a street.
highways. Those which area,
movement .
<c? Collector or feeder streets. Those which carry
traffic from minor streets to the major system of
arterial streets or highways, including the;
principal entrance streets or residential';
development and streets for circulation withini
such a development.
c d) Expressway. A street or highway intended for fast
moving and heavy traffic on which points of egress
or ingress are limited and grade crossings are
separated.
Ce) Half-street. Generally parallel and adjacent to
the boundary of a tract, having a lesser right-of-
way caidth than required far a full width of the
type involved.
Cf) Marginal access streets. Minor streets which are
parallel and adjacent to arterial streets and
highways and which provide access to abutting
properties and protection from traffic.
<g> Minor Streets. Residential streets used primarily
for access to abutting property.
Ch? Parkway. Streets with limited access on an
exceptional right-af-way permitting marginal
parkways for landscaping.
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1~. Subdivider or developer. A person, firm or
corporation, who undertakes the activities covered
by these regulations, particularly the drawing up
of a subdivision plat showing the layout of the
land and the public improvements involved
therein. Inasmuch as the subdivision plat is
merely a necessary means to the end of assuring a
satisfactory development. the term "subdivider" is
intended to include the term "developer" even
though the persons involved in successive stages
of the project may vary.
13. Subdivisions. The division of a parcel of land
into two t2> or more lots or garcels either by
plat into lots and blocks or by metes and bounds
description far the purpose of transfer of
ownership or development, when said division
results in two or more lots or garcels of five <5)
acres or less for either; or if a new street is
involved, any division of a parcel of land; or
resubdivisions of land heretofore divided or
platted into lots, sites or parcels. However, the
sale or exchange of small parcels of land to or
between adjoining property owners where such sale
or change does not create additional lots shall
not be considered a subdivision of land.
14. Village. The Village of Tequesta, Florida.
15. Village Council. The words "Village Council" or
"council" shall be construed to mean the Village
Council of the Village of Tequesta, Florida as now
constituted.
16. Village Staff. Shall mean the various department
heads and administrative personnel of the Village
of Tequesta.
17. Zoning Ordinance. Where used in these regulations
means the Zoning Ordinance of the Village of
Tequesta. Florida, and amendments thereto.
ARTICLE II. PROCEDORE FOR PLAT APPROVAL.
Section 1. General - Pre-application Procedure -
Sketch Plan. Before any preliminary plat is prepared the
subdivider or developer of any land within the corporate area
of the Village of Tequesta shall obtain a copy of these
regulations to become familiar with their various provisions
and requirements.
C1> A pre-application meeting shall be required with
the building official and appropriate Village
staff. the land owner and/or representative, and
other entity representatives deemed appropriate.
prior to submittal of an application for
Subdivision Sketch Plan review, to assure proper
coordination, intention and understanding in the
development of land and buildings and to consider
compliance with applicable Village regulations.
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t2) Application in proper form must be filed with the
Building Official by the land owner or his
authorized agent ten C1O) days prior to the next
regular meeting of the Council along with a filing
fee in an amount as determined by ordinance of the
Village of Tequesta, which may be amended from
time to time by the Village Council.
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r3} The Subdivider shall submit to the Building ;
Department, at least two <~} Freeks prior to a I
regular meeting of the Council, the original and
ten t 1~:~} copies of a sketch Plan of t2-ie progosed
Subdivision for preliminary discussion to examine
the scope of deveioprrent contemplated, its nature '
and explain how it will fit into the Development
Pattern of the Village. The Sketch Plan shall '
show the following features: 'I
~, The location of the land or site to be
subdi~7ided and the approximate area thereof.
2. An indication of such natural features as j
unusual topography, low or swampy areas,
rivers, lakes or waterways, mangroves, and
environmentally sensitive land or habitat
areas.
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3. An indication of the proximity of such
utilities as water, sewerage, drainage,
electrlG light and power, and how the
subdivision will be served by each.
4. Tree subdivision of existing lands, if any,
surrounding or abutting the groposed site,
notably the street pattern and adjacent
subdivision lot layout.
~. The relationship of the proposed subdivision
to existing community facilities whicri ser•re ',
or influence it such as main traffic
arteries, railways, waterways, shopping c:r
commercial centers, schools, parks and '
playgrounds or ar~y other physical features
treat will enable the Council to determine how
the subdivision will fit into the pattern of '
the community as a whole.
~. Tentative Iot and block lines, including
proposed lot areas,
7. Where a small or irrecrular tract of land will
be created. or may remain due to the
development of a groposed subdivision, the
Council may require that a practical plan for
the development of said tract be submitted.
Where a practical layout cannot be made the
Council may require revision of the progosed
subdivision layout.
C4} After review by the Village staff, copies of the
sketch plan will be forwarded to the village i
Council for consideration.
1. 2f the sketch plan is disapproved, the '
Village shall retain one ~1} capy and j
instruct the subdivider not to proceed with,,
the subdivision unless and until a plan has ',
been approved by the Village Council.
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t5> Folicwing the approval/approval with changes of
the Sketch Plan the subdivider may proceed to~
prepare a Preliminary Plat in accordance with the '
instructions hereinafter contained. They
Subdivider may elect to combine the Preliminary]
and Final Plat procedures. ~
Section ~. Preliminary Plat Procedure.
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{ 1) Any person
fulf it led t
in Sect ion
Preliminary
accordance
requirements
Z hereof .
desiring to subdivide land, who has
he pre-application procedures set forth
1 of this Article, shall prepare a
Plat of the pragosed subdivision in
with the specifications and
as set forth in Article III. Section
C^) Provide certification that the proposed
subdivision meets the Level of Service Standards
and Concurrency Requirements of the Village of
Tequesta. Certification is to be provided by a
professional engineer, registered in the State of
Florida., and be prepared in a format that can be
verified by the Village.
(3) The land owner a.nd!or representative shall
schedule a meeting with the Building Official,
providing him with one ~Z) copy of the proposed
Preliminary Plat for review and the above
referenced LOS and Concurrency certification.
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~4) Upon completion of the Building Official's review,
ten (10) copies of the Preliminary Plat shall be
filed with the Building Department at least two
weeks prior to the Council meeting at which it is
to be considered.
t5) The Village staff shall examine and check the
Preliminary Plat for general engineering and the
requirements of Section 3. The Village staff
shall check the Preliminary Fiat for street
numbering and naming and conformance with the
Development Pattern of the Village. The Village
staff shall forward to the Village Manager nine
t9> copies of said Plat with their approval or
recommended changes.
C6) The Council shall review the recommendations of
the Village staff. In its consideration of the
Preliminary Plat the Council may call upon an
Engineer, representatives of the various
utility companies, planning consultants, and
other interested agencies far information as to
how the site of the proposed subdivision can be
served with utilities, drainage f ac i 1 it ies, par3~:s,
schools and other appropriate infrastructure.
f'7> If the Council approves the Plat conditional upon
modifications, corrections, or changes, the Plat
shall be altered by the subdivider to conform to
said modifications. ~~,
erection 3. Procedure following approval of the
Preliminary Plat.
C1) Upon receipt of an approval letter from the
Building Department acknowledging Preliminary Plat
approval by the Village Council, the Subdivider
may proceed with the preparation of construction
glans and specifications for the following minimum
improvements and with the preparation of the final
plat:
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<a) Street grading and paving, curb and gutter,
sidewalks/pathways, and crosswalks.
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{b} Storm water/drainage facilities.
C c) Water s1.zgply and fire hydrants.
Cd) Sanitary sewers.
Ce> Street name signs.
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(f) Gortrol signs & markings.
(g) Permanent reference monuments.
Ch) Electrical service.
Ci> Gable Antenna Television <GATV} service
Cj} Telephone service.
(k} Street lighting layout.
C2) Prior to the construction of any improvements, the
Subdivider shall furnish the Village with five (5)
copies of all construction glans, information and
data necessary to determine the character of the
site improvements contemplated for compliance with
the minimum standards and specifications of the
Village for said improvements. Street, drainage,
sewerage and other utility plans shall be prepared
by a professional engineer registered in the State
of Florida.
<~) The Village shall provide the Subdivider and his j
engineer copies of Gode of Qrdinances Ghagter 14,
Land Development Regulations. General Standards. ~
which includes Appendix "A", "Final Acceptance
Gheckl ist", so that tl-iey may become familiar with
and incorgarate into the construction plans the I
various Village requirements as indicated on the
checklist.
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Section 4. Procedure for tentative approval of the,
final plat.
C 1) Within six ( 6) months after approval of the
Preliminary Plat, ten (10) copies of the final
plat shall be submitted to the Village for their
examination and approval. Preliminary approval
shall terminate after six C6) months, however, an
extension of time may be granted by the Village
Council upon written request.
(2}
Tl-.e final plat shall conform substantially to the ~
Preliminary Plat as approved, and if desired bye
the subdivider it may constitute only that portion
of the approved preliminary Plat which he proposes!
to develop and record at the time, however. that]
such portion conforms to all the requirements of~
these regulations.
t3} The Village staff shall examine the final plat for
conformance with the preliminary plat with regard,
to individual responsibilities, and within thirty'
<30} days sha13 notify the Village Manager of
their findings in writing. The Village Manager
shall submit the final plat for review by the
Village Council within fifteen C 15) days upon
receiving the plat from staff. j
<4) After certification of the Final Plat by tree
Village staff and Manager, the Village Council may
give tentative approval of the Final Plat. Final
• approval shall be withheld until all the required
improvements are installed to the satisfaction and
final approval of the `tillage or in lieu thereof,
Ii the deposit of casri equal to 110?s of the
j construction casts estimated by the Village staff
or the filing of a surety bond conditioned to
j~ secure the construction of required improvements.
C 5? Trie cart if icat ion of the staf f and Manager and the
tentative approval of the Village Council shall be
each stamped or imprinted on the Final Plat. The
original copy shall be returned to the subdivider
and one C1> copy shall be retained by the Village.
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Section 5. Procedure following tentative approval of
i the final plat by the Village Council.
Ci? Upon the finding by the Village Council that the
subdivider has complied with the applicable State,
county, and Village laws and the provisions of
these regulations, and said Council has given
tentative approval to the final plat, the
subdivider shall install all required improvements
immediately or deposit either of the following
surety alternatives.
Ca) File with the Village a surety band
conditioned to secure the construction of the
improvements listed in Article V in a
satisfactory manner and within a time period
specified by the Village Council, such period
not to exceed one tl> year. However, the
Village Council shall have the authority to
extend this time. Said band shall be
executed by a surety company authorized to do
f business in the State of Florida and having a
resident agent in Palm Beach County. No such
bond shall be accepted unless it is
~ enforceable by or payable to the Village in a
sum at least 110' of the cost of constructing
the improvements as estimated by the Village
and in form with the surety and conditions
approved by the Village Attorney, or,
~ (b> Deposit with the Village or place in escro~-r
casri, cashier's check or a c~rtifled check in
an amount 110 of the cost of construct ion of
the improvements as estimated by the Village.
(c) Estimates for the costs of said improvements
~ shall be provided by the subdivider which
shall have been certified by a licensed
engineer registered in the State of Florida.
t2? Following receipt of the surety deposit or
notification by the Village staff that alI
improvements have been installed, whichever,
occurs first, the Village Council may give final
approval to the Final Plat and cause said plat to
be properly executed.
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C33 After final approval by the Village Council, tree ~
subdivider 5ha11 file a true copy of the plat as
approved, within sixty CEO> days from the date of j
such approval with the Clerk of the Circ'~it Court ~
of Palm Beach County. ~
C4) When the plat has been recorded, a reproducible
!,I~ and f eve C 5' copies thereof shal l be filed with j
ii the Villar~e.
"' C5) No building permit shall be issued until the final
plat has been recorded in the office of the Clerk
'' of the Circuit Court of Palm Beach County. No
~~ temporary or f final Certif icate of Occupancy shall
be issued until alI physical improvements serving
i' the property have been installed in accordance
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with Article tT.
I( ARTICLE III. PLAT REQUIREMENTS.
Section 1. Requirements of the preliminary plat.
<13 The Preliminary Plat shall be drawn to a scale of
not more than i00 feet to the inch, provided,
however, that a scale of 200 feet to the inch may
be used for large areas and shall show the
following:
C a> Proposed stabdivis ion name or ident ifying
title which shall not duplicate or closely
approximate the name of any other subdivision
~ in the county. I
Cb) Location sketch related to the Village
1 emits
tc? North point, graphic scale and date.
~ td> Name of the owner of property or his
authorized agent, x150 name mortgagees.
Ce) Name of the registered professional engineer
and/or surveyor responsible far the plat.
' Cf} Locations and names of adjacent subdivisions.
Cg) Boundary line of the tract to be subdivided
drawn accurately to scale and with accurate
linear and angular dimensions.
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Ch? All existing water courses, drainage ditches,
canals and bodies of water on or adjacent to
proposed subdivision.
Ci3 All existing buildings on the proposed
subdivision and aII existing sewers, water
mains, culverts, fire hydrants, underground
or above ground utilities on or adjacent to
the proposed subdivision.
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Cj> All existing streets and alleys on or
adjacent to the tract including name, right-
of-way width and pavement width. Existing
streets shall be dimensioned to tract
boundaries.
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tk) All existing property lines, easements and
rights-of-way and the purpose for which the
'! easements or rights-of-way have been
• i'~ established.
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'I tl) Location and width of all proposed streets,
ii alleys, rights-of-way, easements, purpose of
;~ easements, proposed lot lines for each
!! street.
~~ tm) Setback lines shall be shown when required by
~~ the Village. ~
;~ tn) Sites, if any, to be reserved or dedicated
!; for parks, playgrounds, conservation easement j
~ areas, or other gublic uses.
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to) Sites, if any, far multiple family dwellings,
shopping centers, churches, or other non-
~? gublic uses exclusive of single family
dwellings. ,
<.p) Locations and size of proposed water. sewer,
drainage facilities, fire hydrants and other
utilities on tree land to be subdivided and on
land within one hundred 1100) feet thereof.
tq) Site data, in tabular form, including number
of residential lots, typical lot sizes and
areas, and areas in parks, etc.
tr) Space and farms for the following signatures
indicating approval.
t ~> Dedication by owner.
t2) Notary - Attest.
t 3) Surveyor.
t~) Village Manager
t S) Mayor.
tF) Clerk - Attest.
t 7) Building Official
t87 Title Company
t 9) Mortgagee Approval.
t2) Where the proposed plat covers only a portion of
the subdivider's entire holding, sketch shall be
submitted showing the prospective street layout
and proposed use for the remainder.
t3) The extent and boundaries of the platted area
shall be graphically indicated in a clear and;
understandable manner. j
<,q> Ten t10) copies of the deed restrictions and/or
protective covenants, whereby the subdivider
intends to regulate the land use other thane
through the zoning ordinance, shall be attached to'
the preliminary plat. Conformance of such deed
restrictions shall not be the responsibility of ,
the Village.
t5) If tre proposed land to be subdivided does not lie:
within the corporate limits but is proposed foci
annexation to the Village, the preliminary plat;
shall show a plan indicating the proposed use of
the lots and the County zoning.
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Section 2. Requirements of the final plat.
{1: The final plat shall be clearly and legibly drawn
in ink or tracing clotri to a scale of not more
than 204 feet to one inch. Individual sheets
shall not be larger than L4 inches by 36 inches
overall, as approved by Palm Beach County for
~~ purposes of recording. Where the Final Plat of a
~~ proposed subdivision requires more than one sheet,
~i each sheet shall be keyed to a master map with
~I approgr late marks of ident if loaf ion.
{Z> The Final Plat shall include the following
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inf ormat ion:
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~' {a> Location sketch showing location of
~~ subdivision with respect to section or
j government lot lines.
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~' {b3 Boundary lines of the tract with accurate
~j distances measured to hundredths of a foot
and angles to half minutes. The boundaries
~ shall be determined by accurate survey in the
field, which sl-ial i be balanced and closed
~~ with error closures not to exceed one foot to
j~ ~,C~OC? feet. Surveys shall be coordinated and
(~ tied into the nearest established section
corner or quarter section by angle and I,
'~ distance,
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{c? The exact names, locations and widths along
+~ the progerty lines of all existing or
!) recorded streets intersecting or paralleling
the boundaries of the tract.
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~! {d7 The exact layout including street and alley
t lines, building lines as required, street
names, bearings, angles of intersection and
~' widths {including widths along the lines of
~ any obliquely intersecting streets, lengths
of arcs and radii, points of curvature and
tangent bearings; all easements or rights-of-
way where provided for or owned by public.
~' services; alI lot lines with dimensions in'
~~ feet and hundredths and with bearings or ',
~' angles of other than right angles to the,
;r =.treet or aI ley 1 fines; center 1 fines of all
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ij streets.
i! Ce) Lots numbered in numerical order beginning!
!i with numerical one in each block and blocks~'~,
numbered in numerical order or lettered in~.
I~ alphabetical nrder.
{f> The accurate location and material of all
j! permanent monuments.
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,' r q) Tl'ie accurate outi ins of all property which is
to be dedicated or reserved for the public
ii use including open drainage courses and;
'~ suitable easements and all property that may;
';i be reserved by covenants in deeds for thei
common use of the progerty owners in thel
subdivision, with the purposes indicated
ji thereon.
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<h) Names and locations of adjoininc
subdivisions, if any, the adjacent portions i
of which shall be shown in outline form. ~,
Ci) Acknowledgment of the owner or owners and ail
lien holders to the plats and restrictions,
including dedication to public use of all
streets, alleys, parks or other open spaces
shown tl-iereon and the granting of the
required easements. Mortgage holders shall
execute the following certificates on plats:
Trie mortgageeCs) consents and agrees to the
platting of the lands embraced in the plat
and to the dedication shown thereon, and
further, should it become necessary to
foreclose the mortgage covering the said
property that all pieces and parcels
dedicated to the public will be excluded from
said suit and the dedication remain in full
force and effect .
Cj) Private restrictions and/or trusteeships and
their period of existence. Should these
restrictions be of such length as to make
their lettering on the plat impracticable and
thus necessitate the preparation of a
separate instrument, reference to such
instrument shall be made on the plat.
C k) The cart if irate of the Registered Land ',
Surveyor attesting to the accuracy of the
survey and that the permanent reference
monuments have been established according to
law.
C1) Space and farms for the following necessary
signatures indicating approval:
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C1) Dedication by Owner.
Cam) Notary - Attest.
C 3 ) Surveyor.
C4) Village Manager.
C5) Mayor.
C6) Clerk - Attest.
C7> Building Official
CS) Title Company.
C9> Mortgagee Approval.
Cm> Subdivision name or identifying title.
Cn) North point, graphic scale and date.
Co> Name of record owner and subdivider.
Cp) Such other features as may be required by~l
Chapter 177, Florida Statutes, and as amended ,
from t ime to t ime.
C3) A separate instrument shall be attached to and
made a part of all plats showing the grade of all ;
roads, streets, alleys and other rights-of-way ;
however designated, and the elevations of the
several portions of the land departed on the p3at,
by contour lines at two foot intervals.
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<4) A letter from a title company certifying the
following shall be presented with the final plat.
t a) Parties executing guts are owners of the
~, land embraced in the plat.
<b) All mortgages, liens, or other encumbrances.]
tc) Whether or not taxes and assessments are
paid. j
fd) Description shown of the property to be
platted is correct.
ARTICLE IV. GENERAL REQUIREMENTS AND DESIGN STANDARDS.
Section 1. Conformity to a comprehensive plan and
other general requirements.
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~I) No building permits shall be issued on lots or
tracts of land until same have been platted in
accordance witri these regulations and properly
recorded in the Public Records of Palm Beach
County, Florida.
<.2) All proposed subdivisions shall conform to the I
Village Zoning Ordinance and to any elements of
the Comprehensive Plan that have been adopted by
the Village and meet the requirements and
procedures of the site plan review process of the
Village of Tequesta, and which meet the I
concurrency requirements of the Village of ~
Tequesta. A licensed engineer registered in the
State of Florida shall certify that all level of
service standards have been met except that the
applicant may demonstrate that the recreation
standards have been met.
~3)
Whenever a tract to be subdivided embraces any
part of a street that is designated as a highway,
arterial or major street, collector or secondary
street or parkway so designated on any Village,
County, or State plan, such part of such proposed
public way shall be platted by the subdivider in ~
the same location and at the same minimum width ~
indicated on such Village. State or County plan. ~
(4) No building permit or development order shall be
issued without the developer first obtaining the
issuance of a surface water management permit or
wa±er use permit from the South Florida Water
Management District.
C 5)
Coordinate all proposed development and or
redevelopment with and/or obtain approvals andror
permits from the following agencies:
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1. Palm Beach County Health Department '
2. Palm Beach County Fire/Rescue <Fire Marshal} j
3. Loxahatchee River Environmental Control I
District (ENCON)
4. Dept. of Environmental Resources Managements
( DERM )
5. South Florida Water Maragement Distric t
C SFWMD) '~
f~. Florida Department of Transportation tFDOT)
7. West Palm Beach Urban Area Transportation
Study (WPBUATS)
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8. Metropolitan Planning Organization of Palm
Beach County <MPO>
9. Falm Beach County Traffic Engineering
Division
10. Martin County Metropolitan Planning
Organization
11. Martin County Traffic Engineering Department
12. Florida Power & Light Company
13. Southern Bell Telephone Company
14. Solid Waste Purveyor
15. Tequesta Water Department
16. Other Municipal, County, State and/or Federal
agencies as may be applicable.
Prior to the issuance of Cert if icates of Occupancy
or of final acceptance by the Village, the
Subdivider shall submit to the Village of Tequesta
the following:
<1> Evidence of final acceptance by the above
listed agencies of the development or
redevelopment.
<2> Signed and sealed letters of final
infrastructure acceptance from the engineer
of record for t he project .
(3> Two (2) complete sets of as-built
construction drawings of the completed
project.
<4> Signed and sealed letter of final inspection
and acceptance of completed infrastructure by
the Village consulting engineer.
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(6> All new development and redevelopment must provide
the necessary infrastructure to meet the following
Level-of-Service standards <LOS). Each appli-
cation submitted pursuant to this subsection shall
be required to provide a certification from a
licensed engineer in the State of Florida that the '
proposed development andlot redevelopment meets or
exceeds the Level-of-Service standards for the ''
listed infrastructure as follows:
1. Traffic: ( Roads & Right-of-Ways>
( LOS> < LOS>
Roadway Type Standard Peak
Collector C D ~~
Urban minor arterials C D
Princigal arterials C D
2. Sanitary Sewer:
Maximum Monthly Maximum
Categrory Daily Flow (MMDF) Daily Flow <MDF>
Residential 73.1 gallons/ 78.8 gallons/
capitatday capita/day
Non-Residential 431 gallons/ 464.9 gallons/
acre/day 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 j
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used as the basis of estimating the ',
availability of capacity and demand generated
by a proposed development project. As a
' general drainage requirement, each proposed j
project and/or site shall maintain 95~ of all ~
storm water runoff on site.
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4. Potable Water: The following potable water
I; 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
i project: j
Average Day Water Consumption Rate
Residential 236 gallons/capita/day
Non-Residential None. Established/LOS ~
Standard shall be estab- j
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1 ished by 1991.
Maximum Day Water Consumption
Residential 354 gallons/capita/day j
~ Non-Residential None. Established/LOS
Standard shall be estab-
1 ished by 1991.
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5. Recreation: Level of Service Standards Table ,
Classification Area/Activity Standard (unit/yopulation>
Neighborhood Parks 2 acres/1,000
Community Parks 2 acres /1,000
I Beaches 1 mile/31,250
Golf Courses 9 holes/30,000
j Tennis 1 court/2,500
I' Basketball 1 courtl2,500
1 Baseball/Softball 1 field/7,200
~ Football/Soccer 1 field/4,00
Playground Areas 1 acre/3,600
Beach Access Easements 1 ger 1/2 mile of
developed or redeveloped
beach frontage
t7) Meet the requirements of the "Year 2000 Cost
Feasible Transportation Plan" <WPBUATS>. '
<8) Provide for the reservation and preservation of
existing and future rights-of-way as may be
determined by the Village of Tequesta and in
conformance with the Palm Beach County and Village ~
of Tequesta Right-of -Way Protection Plan.
<9> All progosed new development and major
redevelopment within the Coastal Building Zone of
~ the Village of Tequesta must provide for the
dedication of public access easements.
C10) All proposed new development and major
redevelopment as part of the site plan review and
subdivision review process shall submit a
drainage/environmental statement describing how
the proposed development will affect the estuarine
water quality of the class III waters of the
Village of Tequesta.
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(11? New development
permitted within
the Village as
Sect ion XV{ J> C i>
of public fun
facilities within
and redevelopment shall not be
the Coastal High Hazard Area of
defined in the mooning Gode at
and there shall be no expenditure
3s for infrastructure and0or
the Coastal High Hazard Area.
L1~> Require notification of neighboring jurisdictions
of any external impacts that a proposed project
might have within those jurisdictions and assess
and mitigate those impacts.
:I3? Determination of needed public facility ',
improvements shall be made during the site plan !~
and/or subdivision review process and prior to the ',
issuance of a development order and building ',
permit.
Section 2. Land unsuitable for subdivisions. Land
which the Village has found to be unsuitable for subdivision
due to flooding, bad drainage, or other features likely to be
harmful to the health, safety, and general welfare of future
residents shall not be subdivided unless adequate met2-iods of
correction are formulated by the subdivider andfor the
. Village. Protective measures required must be referred to on
the plat, including such features as drainage ponds, ditches,
etc.
Section 3. Streets.
C1) The arrangement, character, extent, width, grade
and location of all streets shall conform to the
Streets and Highway Plans of the State, County and
Village respectively, and shall be considered in
' their relation to existing and planned streets, to
topographical conditions, to public convenience
and safety, in their agpropriate relation to the
proposed uses of the land to be served by such
streets and the most advantageous development of
the surrounding neighborhood.
I' c2> Private drives, roads, or streets shall be ~.
~' prohibited.
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~3? Where such is not shown in any major street or
I~ highway plan, the arrangement of streets in a
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( a? Provide f or the continuation or appropriate
i~ grojection of existing principal streets in
j' surrounding areas at the same or greater
width, but in no case less than the minimum
required width, or,
< b? Conform to a plan for the neighborhood,
approved or adopted by the Council to meet a
particular situation where natural conditions
make continuance or conformance to existing
streets impracticable.
subdivision shall either:
tc) Provide for access streets to major.
secondary, or collector streets indicated on
a Major Street Plan adopted by the Council,
such access streets to be grovided with
minimum right-of-way width as collector
streets, when considered necessary by the
Counc- i 1.
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(4? Minor streets shall be so laid out and arranged as
to discourage their use by through traffic.
C5> Where a subdivision abuts or contains an existing
limited access highway or freeway or parkway or
proposed arterial street, the Council may require
marginal access streets, reverse frontage with
screen planting contained in a non-access
reservation along the rear property line, deep
lots with rear service alleys, or such other
treatment as may be necessary for adequate
protection of residential properties and to afford
separation of through and local traffic.
<E,} Where a subdivision borders on or contains a
railroad right-of-way, expressway, drainage canal
or waterway, the Council may require a street
',i approximately parallel to and on each side of such
right-of-way, at a distance suitable for the
i~ appropriate use of the intervening land. Such
I! distances shall also be determined with due regard
~~ for the requirements of approach grades for future
ii bridges or grade separations, as provided in the
appropriate construction manual.
• (7) Reserve strips controlling access to streets shall i
~! be grol-iibited exceg± where their control is
definitely glared in the Village under conditions
approved by the Council.
C8? There shall be no private streets, lanes or ways,
,~ platted in any subdivision. Every subdivided lot
or property shall be served from a publicly
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i dedicated street.
! ~ (9? Half or partial streets shall not be permitted
except where essential to reasonable subdivision
! . of a tract in conformance with these regulations
I ~ and where, in addition, satisfactory assurance for
' '~ dedication of the remaining part of the street is
' ' provided. Wherever a tract to be subdivided
borders on an existing half or partial street thee..
~ other Bart of the street shall be dedicated within:
~ such tract.
! ~ C14} Dead end streets shall be prohibited except where
appropriate as stubs to permit future street,
! ~ extensions into adjoining unsubdivided tracts or
when designed as cul-de-sacs. If a dead end,;
i , street is of a temporary nature a similar turn
j around may be required and provision made for'
~ future extension of street into adjoining
j property, as may be required by the Village.
! ! C11> Cul-de-sacs, permanently designed as such, shall,
not exceed four hundred (~44} feet in length and
be provided at the closed end (cul-de-sac} with al
~ i turn around having an outside roadway diameter of;
j ' at least eighty (84> feet and a property line
~ diameter of at least one hundred (104? feet.
~ C121 Street jogs with center line off-sets of less than'
ane hundred twenty-f ive <. 125> feet shall be'
i ~ prohibited if, due to unusual conditions, the',
~ I Village determines that a lesser centerline off-!
~ ! set is just if led.
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tl3) Where curvilinear streets are recommended for
residential, minor, and collector streets in order
to disccurage excessive vehicle speeds and to
provide attractive vistas, they shall meet the
following criteria:
{a) Whenever a street changes direction or
connecting street lines deflect from each
other by more than ten degrees there shall be
a horizontal curve.
<b) To insure adequate sight distance, minimum
center line radii for horizontal curve shall
be as follows:
Minor streets ........................I50 feet
Collector streets ....................300 feet
Secondary arterial streets
and section line roads ...............500 feet
Major arterial streets ...............750 feet
(c) A tangent at least 100 feet long shall be
provided between reverse curves on collector ~I
streets and at least 250 feet long on major
and secondary arterial streets and section
line roads.
C14) Street intersections:
fa) Streets shall be laid out to intersect as
nearly as possible at right angles. No
street shall intersect another at an angle of
3ess than 60 degrees, except at a "Y"
intersection of tFro minor streets.
(b> Multiple intersections involving junction of !,
more than two streets shall be grohibited i
except where found to be unavoidable by the ';
Council. '
Cc) As far as possible, intersections on arterial
streets shall be located not less than 800
feet apart, measured from center line to
center line. i
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td) Property lines at street intersections shall
be rounded with a radius of twenty-f ive t 25>
feet. A greater radius may be prescribed by
the Village where the angle of intersection ~
is less than sixty degrees. The Village may
permit comparable cut-offs or chords in place
of rounded corners.
{e) Visibility triangles, properly engineered for
maximum public safety, shall be required at
all intersecting streets and at all major and
minor access drives and driveways,
C15) Unless otherwise indicated or required by a Major
Street Plan, street rights-of-way shall not be
less than the following:
Street Tvne Richt-of-Wav (feet)
Primary arterial str2et .......................80 j
Secondary arterial or section line road.......60
Alleys ........................................20
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ta} Additional right-of-way width may be required
to promote public safety and convenience, or
to assure adequate access, circulation and
parking in high density residential areas and
commercial areas.
Cb} Where a subdivision abuts or contains an
existing street of inadequate right-of-way
width, additional right-of-way in conformance
with the above standards may be required.
ti6} A proposed new street which is in alignment with
or a continuation of an existing street shall have
the same name as the existing street. In no case
shall new streets have the names or numbers which
',i duplicate or which are phonetically similar to
existing street names, regardless of the prefix or
suffix used as "Avenue". "Boulevard", "Court",
"Crescent": "Drive", "Place". "S'treet" or
"Terrace", All street names shall be subject to
approval of the Village, whicri may require names
easily recognizable.
C17} Subdivision names shall be subject to approval of
. the Village, which may require a name that is
easily recognizable.
(' Section 4. Alleys.
~' tl) Alleys shall be provided to serve multiple
dwellings, business and commercial areas, except
i~ treat the Council may waive this requirement where
other definite and assured provision is made for
~~ service access, off-street loading and parking
consistent with and adequate for the uses
~'~ permissible on the property.
c!
j' < 2} The width of an alley shall be twenty t 20} feet or
more.
+~ t3) Changes in alignment of alleys shall be made on a
?~ centerline radius of not less than 50 feet.
~~ t4> Dead-end alleys shall be avoided where possible,]
;~ but if unavoidable, shall be provided with.,
~~ adequate turnaround facilities for service trucks~i
• ~' at the dead end, with a maximum external diameter
~~ of one hundred t 100> f eet . ~
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Section 5, Easements. ~
ii
~( tI> Easements across lots or centered on rear or side
i~ lot Iines shall be provided far public utilities
i where necessary and shall be at least ten {10}
j feet in width.
LI' C2} Where a subdivision is traversed by a water!
course, drainage way, canal or stream, there shall',.
be provided a storm water easement or drainage',
right-of-way conforming substantially with the!
~! Iines of such water course, and such further width.
ii of construction, or both, as will be adequate for'
the purpose. Parallel streets or parkways may be~
required in connection therewith where necessary,
for service or maintenance and in accordance with)
uniform standards. ~'~
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(3) Easements may be required for drainage purposes of
such size and location as may be determined by the
Villacte.
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Section 6. Blocks.
(1) The length, widths and shapes of blocks shall be
determined with due regard to:
(a> Provision of adequate building sites,
suitable to the special needs of the types of ~
use contemplated. ~
(b) Zoning requirements as to lot sizes and i
dimensions.
(c) Deeds for convenience and safe access,
circulation, control of pedestrian and
vehicular traffic. ~
(d) Limitations and opportunities of topographic ICI
features.
•
(~) Block lengths shall not exceed 1,320 feet nor be
Less than 500 feet unless deemed advisable because
of ur:usual conditions by the Village.
(3) Pedestrian crosswalks, not less than 5 feet in
width may be required through blocks over 900 feet
in length where necessary in the judgement of the
Village to provide safe and convenient access to
schools, playgrounds, shopping center.
transportation or other community facilities.
Section 7. Lot Requirements.
( 13 The lot size, width, depth, shape and orientation i
and the minimum building setback lines shall be j
appropriate for the location of the subdivision
and far the type of development and use
contemplated, lot dimensions shall conform to the
requirements of the Zoning Ordinance and Plan of
the Village and amendments thereto.
(2) ^orner Lots for residential use shall have extra I
width. to permit appropriate building setback from ~
the orientation of both streets.
(:~} Insofar as practicable, side lot lines shall be at
right angles to straight right-of-way lines or 'i
radial to curved right-of-way lines.
(4) Double frontage and reverse frontage lots shall be
avoided except where desirable to provide
separation of residential developments from
traffic arteries or to overcome spec if is '~
disadvantages of orientation. A planting screen
easement of a lease 10 feet and across which there
shall be no right of access shall be provided
along the line of lots abutting such a traffic
artery or other disadvantageous situation.
C 5> Every lot shal l abut ;.zgon and have permanent,
access to a public street. j
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t6> In determining minimum lot width, cul-de-sac lots
shall be measured at a point along an are
beginning at the fr~~nt setback line and the length
of the arc shall be at least l~Q~ of the required
minimum lot width for the district.
Section 8. Acceptance and Dedication. The
dedication of public spaces by an indication on the plat shall
not constitute an acceptance of ttie dedication by the Village
Count i 1.
Section 9. Sites for public use.
U
t 1) All sites designated in subdivision plats for
public parks and recreation areas shall be
dedicated in the plat and also deeded to the
Village for this purpose. When a subdivision:
covers an area within which a park or recreation
site is shown in a Comprehensive Plan of the
Village, provision shall be made for the
reservation of tree site in the plat for a period
of one year to enable the Village to purchase or
make satisfactory arrangements for acquisition of
said site. If the Village fails to act within one
year, the subdivider may replat the reserved site.
t 2 ) When a subdi:ris ion covers an area within wriich t7"ie
Board of Education requires a school site,
prevision should be made in the subdivision prat
for such school site, properly integrated into the
plans of the subdivision. Standard minimum site
requirements shall be as follows:
Elementary School ......................... IC? acres
Junior or Senior High School ..............~5 acres
Combined Elementary and High School.......4t) acres
WYier. a school site has been designated in a plat
the site sriali be reserved for a period of one year
from date of recording. If the Board of Education
fails to purchase the site, or to make arrangements
satisfactory to the subdivider for the acquisition of
the site within the one year period, the subdivider may
replat the reserved school site.
ARTICLE V. IMPROVEMENTS PRE-REQUISITE TO FINAL
APPROVAL.
Prior to the granting of approval of the final plat,
the subdivider shall have installed, or shall have furnished
bond as required in ARTICLE II, Section ~, for improvements for
the ultimate installation of the following tangible
improvements, in accordance with the plans and specifications
approved by the Village as are required in order to assure tree
physical reality of a subdivision whicri approval and
recordation will es±ablish legally. All construction under
this Article sriaii be subject to the inspection of the Village.
Section 1. Permanent reference monuments,
tI) Monuments shall be placed at the intersection of
center line of all streets, angle points, points
of curves in streets and at intermediate points as
shall be required by the Village. The monuments
sYiali be of such material, size and length as may
be approved by the Village, and the Village may.
if deemed advisable, waive installation in certain
instances.
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C2) Permanent reference monuments shall be as required
by the State Plat Law.
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Via) Primary Streets -
(b) Secondary Streets -
Cc> Arterial Streets -
24 feet.
20 feet.
40 feet or aver, to be
determined by the Council. Any pavement costs in
excess of 40 feet will rot be imposed upon the
subdivider, but will be the responsibility of the
Village, County or State.
(d> Individual Streets - 40 feet.
Section L. Grading. All streets, cross walks and
alleys shall be graded to their full width by the subdivider in
accordance with the Village specifications. Due to special
topographical conditions deviation to the above will be allowed
only with special approval of the Village.
Section 3. Storm Drainage CStorm Water Management
Facilities). Storm water management facilities including
curbs, gutters, piping, culverts, ditches, swales,
retention/detention ponds, weirs, control structures, etc.
shall be provided based on engineering calculations and design
standards to ensure that all drainage improvements and
infrastructure are in conformance with ail current State,
County, District and Village requirements. Properly dedicated
easements shall be provided for drainage improvements and
infrastructure. Such drainage improvements and infrastructure
shall be subject to the issuance of permits and the performance
of inspections by the Village.
Section 4. Paving. All streets of the subdivision
shall be paved by the subdivider in full accordance witl-i the
specifications for paving officially adopted by the Village of
Tequesta. Such construction shall be subject to the inspection
of the Village and be subjected to issuance of permits.
Minimum widths of all paving shall be not less than the
following'
Section 5. Sidewalks/Pathways and Crosswalks. Side-
walks/pathways and crosswalks shall be required in all
residential, multiple family and commercial areas and along all
arterial highways. Sidewalks/pathways shall be five C5) feet
in width or greater.
Section £~. Fill. Fill shall be placed in the entire
subdivision to the elevations, after settlement, prescribed by
tree Village. The type of fill shall be satisfactory to and
meet the approval of the Village, which shall require soil test
of the fill and the underlying material, in areas in which
streets or other public facilities are to be located. The fill
for the balance of the subdivision ma.y be certified by a
registered engineer as to type and method of placement or the
subdivider shall submit a statement and method of placement,
the latter statement being for information not for
certification purposes.
Section 7. Water Supply and Fire Hydrants. Water
mains and fire hydrants which are to be connected with the
Village water supply system shall be provided as to adequately
serve all lots shown on the subdivision plat far both domestic
use and fire protection. All extensions shall be subject to
the approval of the Village and the Palm Beach County Health
Department. Ail extensions shall conform with the general
water distribution plan for the Village.
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Section 8. Sanitary Sewers. Where possible,
sanitary sewer mains properly connected with the Village
sewerage system shall be provided. In addition to sewer mains,
laterals shall be installed to each platted lot and stubbed off
at the property line for future connection.
The sanitary sewer system shall also be subject to the
approval of the regional sewer district and/or the Palm Beach
County Health Department. The use of individual septic tanks.
wherever a sewer system may be connected to the Village
sewerage system, shall not be permitted.
Section 9. Street Name Signs. Street name signs
conforming to Village specifications sl-iall be installed at the
intersection of all streets carrying the street names approved
on the s~~bdivision plat. The type of signs and their location
shall meet with the approval arcd inspection of the Village.
Section 14. Control Signs and Markings. Control
signs and markings shall be in conformance with all current
State, County, District and Village requirements.
Section 11. Street Lighting Layout. Street lighting
shall be provided in accordance with the requirements of the
Village and Florida Power ~ Light.
Section I2. Underground Utility Service. The sub-
divider shall provide for all utilities, existing and proposed,
to be be placed underground which shall serve any individual
lot, public right-of-way or common grounds. This provision
shall apply to, but not be limited to, water lines, sanitary
sewer lines, storm drainage lines, gas lines, electrical lines,
CATV service lines and telephone service lines.
Section I3. Engineering Expenses, The subdividers
shall reimburse the Village for engineering expenses incurred'
by the Village, directly related to the subdivision. Where the i
benefits derived from engineering studies and designs are;
general in scope and encompass an area greater than that being!,
platted, the costs shall be proportioned according to the;
benefits derived. The amounts or portions of the costs to be'
borne by each area wi31 be in accordance with a formula',
provided by the Village.
Section 14. Undesignated Roads. The subdivider sriail
provide those roads not designated in the Village's five C.5?'
year schedule of improvements plan or other jurisdictions plans,
which will facilitate additional development and remain
consistent with desired growth.
Section 15. Sale of Non-Flatted Lots Not Permitted.;
No owner of a tract of real property shall sell lots from said
tract without first having said tract surveyed and recorded ins
accordance with these regulations.
ARTICLE VI. VARIANCES. S~~ABILITY. PENALTY.
Section i. Hardship. Where the Council finds that!
extraordinary hardships may result from strict compliance with
these regulations, it may recommend the variance of the)
regulations so that substantial justice may be done and the',
public interest secured; provided that such variation will not;
have the effect of nul l ifying the intent and purpose of aj
Comprehensive Development Plan, the Zoning Ordinance or theses
regulations, and such variance is issued by the Village)
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Section 2. Conditions. In granting variances and
modifications, the Council may require such conditions as caiil,
in its judgment, secure substantially the objectives of the
standards or requirements so varied or modified.
Section 3. Penalties. Violation of the provisions
of this Ordinance or failure to comply with any of its
requirements (including violation of conditions and safeguards
established in connection with grants of variances or special
exceptions), after notice by a Village official, shall
constitute a misdemeanor. Any person upon conviction of such
misdemeanor shall be fined not more than five-hundred dollars
{5540.00) or imprisoned for not mare than six (6) months or
both, and. in addition, shall pay all costs and expenses
involved in the case. Each day such violation continues shall
be considered a separate offense,
Section ~. Severabiiity. 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 5. Codification. This Ordinance shall be
codif led and made a part of the official Code of Ordinances of
the Village of Tequesta.
Section 6. Effective Date. This Ordinance sl-iall
take effect immediately upon its passage and approval, as
provided by law.
THE FOREGOING ORDINANCE was offered by
Councilmember 'Earl L. Collins who moved its
adoption. The Ordinance was seconded by
Councilmember Edward C. Howell and upon being
put to a vote, the vote was as follows:
F4R ADOPTION
AGAINST ADOPTION
Joseph N. Capretta
Earl L. Collings
Edward C. Howell
Ron T. Mackail
The Mayor thereupon declared the ordinance duly passed
and adopted this 10th day of May 1994.
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ATTEST:
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Village le
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MAYOR OF TEQUESTA
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eph N. Capretta
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