HomeMy WebLinkAboutDocumentation_Regular_Tab 09E_9/13/1990�r
VILLAGE OF TEQUESTA
Post Office Box 3273 • 357 Tequesta Drive
Tequesta, Florida 33469-0273 • (407) 575-6200
FAX: (407) 575-6203
MEMORANDUM:
TO:
FROM:
DATE:
SUBJECT:
Village Council
Thomas G. Bradford, Village Manager
September 6, 1990
Proposed Ordinance Relative to the Subdivision of
Land; Agenda Item
Attached hereto, please find correspondence of September 5
from the Village Attorney, a copy of the proposed Ordinance, a
copy of previously submitted Ordinance No. 410 which was tabled
this past summer, and a copy of previously adopted Ordinance No.
398. Please note that Mr. Randolph requests that staff and any
member of the Council offer him any input or questions relative
to the proposed Ordinance prior to the Council Meeting, to
enable the timely incoporation of any amendments.
TGB/jmm
Attachments - 4
Recycled Paper
a
TONES, FOSTER, JOHNSTON & STUBBS, P.A.
LARRY B ALEXANDER
MICHAELT KRANZ
GEORGE H BAILEY
BLAIR R LITTLEJOHN III
KEVIN C BEUTTENMULLER
JOHN M LOR04JX
MICHAEL D BROWN
JOHN BLAIR McCRACKEN
RUTH P CLEMENTS
PAMELA A MCNIERNEY
SCOTT M COLTON
TIMOTHY MONAGHAN
JOYCE A CONWAY
GUY RASIDEAU
MARGARET L COOPER
JOHN C RANDOLPH
BYOWN R CORNWELL
PAULA REVENE
REBECCA G DOANE
ANDREW ROSS
RANDY D ELLISON
STEVEN J ROTH AN
L MARTIN FLANAGAN
PETER A SACHS
SCOTT A GLAZIER
JOEL T STRAWN
LORIE HANDELSMAN
SIDNEY A STUBBS. JR
SCOTT G HAWKINS
ALLEN R TOMLINSON
THORNTON M HENRY
JOHN S TRIMPER
PETERS HOLTON
MICHAEL P WALSH
HURRY A JOHNSTON. If
H ADAMS WEAVER
J A JURGENS
PAUL C WOLFE
MARK B KLEINFELD
MARC S WOOLF
CHARLES B KOVAL
September 5, 1990
ATTORNEYS AND COUNSELORS
FLAGLER CENTER TOWER
505 SOUTH FLAGLER DRIVE
ELEVENTH FLOOR
P O DRAWER E
WEST PALM BEACH, FLORIDA 33402-3475
(407) 659-3000
FAX: (407) 832-1454
WRITER'S DIRECT LINE.
VIA FAX 575-6203
Mr. Thomas G. Bradford
Village Manager
Village of Tequesta
Post Office Box 3273
Tequesta, Florida 33469
RE: Village of Tequesta
Subdivision Ordinance
Our File No. 13153.1
Dear Tom:
R BRUCE JONES
1904 1 m
HENRY F LILIENTHAL
1 9W-1Y4Z
HARRY AIUSON JOHNSTON
IM61983
RETIRED
WILLIAM A, FOSTER
OTHER LOCATION
S< N E FOURTH AVE
DELRAY BEACH. FLORIDA bW
I am enclosing for your consideration and the consideration of the
Council an alternative to Ordinance No. 410 which had been earlier
proposed. Perhaps each of these ordinances should be delivered to
the Council for their consideration along with a copy of this
letter of explanation.
One of the concerns, expressed by some, during the course of our
previous "lot split" application was that as a result of the "lot
split" which, under our Code was defined as a subdivision, the new
lots formed as a result of the subdivision would be creating a new
subdivision not subject to the rules and regulations of the
subdivision from which it was carved. Even though those concerns
were expressed, the mere subdivision of land previously subdivided
does not take the new subdivision out from under any declaration of
covenants which are already of record in regard to that property.
Therefore, I feel the concerns we were attempting to address in the
previous Ordinance No. 410 of not allowing a property once
subdivided to be again subdivided were not well founded. I think,
however, the fact that we called this lot split a "subdivision"
because of the definition of subdivision under our Code, resulted
in unnecessary concern.
r
Mr. Thomas G. Bradford
September 5, 1990
Page 2
As I had advised previously, the provision of the Tequesta Code is
somewhat unusual in that most subdivision codes deal with the
subdivision of land into three or more lots. Such a definition
therefore would not preclude a large lot, capable of being divided
into two lots, from being divided without subdivision approval. I
have therefore, as a suggested way of meeting this problem, amended
the Tequesta ordinance to bring it more in accord with the State
Statute and with other subdivision ordinances. This new ordinance
redefines subdivisions as a division of land into three or more
lots or parcels. Hopefully this will alleviate some of the
concerns of those who felt a lot split within their neighborhood
was going to create another subdivision.
In addition to addressing the matter of redefining subdivision, I
have included a provision which would prevent a person from
indirectly subdividing land by way of "lot splits". In other
words, a person may attempt to avoid the subdivision ordinance by
creating multiple lot splits at different times. For example, in
1990 someone may split a large tract of land into two lots. In
1991 the same person may split one of those lots into two lots and
continue on in that same fashion thereby avoiding the subdivision
requirements. The language which I have gadded to this ordinance
attempts to address that problem.
I have also included language which I hope will address the
situation of a person arguing that he is entitled to the maximum
number of lots which would be allowed to be carved out of a parcel
of land pursuant to the terms of the Zoning Ordinance. This
language simply indicates that, because of the concurrency
requirements within our Comprehensive Plan, there will be no
assurance to anyone that they will be entitled to the maximum
number of lots allowed by zoning. Finally, we have continued to
include, for purposes of measuring cul-de-sac lots, the method of
measurement of "lot width". Note also that I have included a
definition for building line which is identical to the definition
set forth in the Zoning Code.
Tom, you or Scott or any member of the Council may have some
questions or input in regard to this ordinance. It would be
helpful to me, if those who have questions or suggestion for change
would contact me prior to the next Council meeting. Hopefully that
way if there are any suggestions for amendments, we can incorporate
those into this ordinance prior to the Council meeting and have it
ready for first reading. It may also be, from a policy standpoint,
that the Council would want to continue having the subdivision of
two or more lots required to go through the subdivision procedures.
If that is the case, they may wish to go with the original
ordinance number 410.
Mr. Thomas G. Bradford
September 5, 1990
Page 3
Z would appreciate any advice or comments you or others may have.
Thank you.
Sincere ,
hn C. Randolph
JCR/sm
Enclosure
ORDINANCE NO.
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AMENDING ORDINANCE NO. 398 WHICH IS
AN ORDINANCE WHICH AMENDED ORDINANCE NO. 56
RELATING TO SUBDIVISIONS OF LAND WITHIN THE
VILLAGE; PROVIDING A DEFINITION FOR "BUILDING
LINE" AND "LOT SPLIT"; PROVIDING FOR AN
AMENDMENT TO THE DEFINITION OF SUBDIVISIONS;
PROVIDING THAT SUBDIVISION OF LANDS BE
CONSISTENT WITH THE VILLAGE'S COMPREHENSIVE
PLAN AND THAT SUBDIVISION OF LANDS MAY NOT BE
ASSURED TO THE MAXIMUM EXTENT THAT MAY BE
ALLOWABLE UNDER THE PROVISIONS OF THE
VILLAGE'S ZONING ORDINANCE; PROVIDING FOR AN
AMENDMENT TO THE MANNER IN WHICH THE WIDTH OF
CUL-DE-SAC LOTS ARE DETERMINED;
PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Article I, Section 4, is amended by including
a new definition to be numbered item (1) to provide as follows:
"(1). Building Line. A line on a lot, generally, but
not necessarily, parallel to a lot line or road right-of-
way line, located a sufficient distance therefrom to
provide the minimum yards required by the Zoning Code.
The building line delimits the area in which buildings
are permitted subject to all applicable provisions of the
Zoning Code."
Section 2. Article I, Section 4 is amended by including a
new definition provide as follows:
"Lot Split. The subdivision of a single lot or parcel of
land into two (2) lots or parcels."
Section 3. Article I, Section 4, Paragraph (13), relating
to the definition of subdivisions, is hereby amended to provide as
follows:
"(13). Subdivisions. The division of a parcel of land
into three (3) or more lots or parcels either by plat
into lots and blocks or by metes and bounds description
for the purpose of transfer of ownership or development,
or if a new street is involved, any division of a parcel
of land. A lot split shall not, for purposes of this
ordinance, be considered a subdivision. However, in the
event a property becomes the subject of a "lot split"
subsequent to the adoption of this ordinance, any
subsequent "lot split" involving the same parcel or
parcels of land shall be subject to the subdivision
requirements set forth herein.
Because all development orders and development permits
issued by the Village must be consistent with the
Village's Comprehensive Plan, and since adequate public
facilities for transportation, sanitary sewer, potable
water, drainage, solid waste disposal and recreation/open
space must be available sufficient to maintain the
Village's adopted levels of service concurrent with the
impacts of development, property owners in the Village
1
have no assurance that subdivision of lands in the
Village can be undertaken to the maximum extent that may
be allowable under the provisions of the Village's Zoning
Code."
Section 4. Article IV of Ordinance 398 is hereby amended
at Section 7, Paragraph (6), so that such paragraph shall read as
follows:
11 (6). In determining minimum lot width, cul-de-sac lots
shall be measured at a point along an arc beginning at
the front building line and the length of the arc shall
be at least 60% of the required minimum lot width for the
district."
Section 5. 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 6. 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 7. Codification. This Ordinance shall be codified
and made a part of the official Code of Ordinances of the Village
of Tequesta.
Section 8. Effective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided by
law.
THE FOREGOING ORDINANCE was
who moved
was seconded by Council —member
being put to a vote, the vote was as
FOR ADOPTION
offered by
its adoption.
follows:
Councilmember
The Ordinance
and upon
AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed and
adopted this day of , 1990.
ATTEST:.
Village Clerk
JCR\13153-1\SUBDIV.0RD
9\5\90
2
MAYOR OF TEQUESTA
Joseph N. Capretta
ORDINANCE NO. 410
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AMENDING ORDINANCE NO. 398 WHICH IS
AN ORDINANCE WHICH AMENDED ORDINANCE NO. 56
RELATING TO SUBDIVISIONS OF LAND WITHIN THE
VILLAGE; PROVIDING FOR AN AMENDMENT TO THE
DEFINITION OF SUBDIVISIONS; PROVIDING THAT NEW
SUBDIVISIONS SHALL NOT BE CREATED WITHIN
SUBDIVISIONS ALREADY PLATTED WITHIN THE
VILLAGE, SAID PROVISION NOT TO PRECLUDE LOT
SPLITS AND REPLATS; PROVIDING FOR AN AMENDMENT
RELATING TO THE MANNER IN WHICH THE WIDTH OF
CUL-DE-SAC LOTS ARE DETERMINED; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Article I, Section 4, Paragraph (13), relating
to the definition of subdivisions, is hereby amended to provide as
follows:
11(13). Subdivisions. The division of a parcel of land
into two (2) or more lots or parcels either by plat into
lots and blocks or by metes and bounds description for
the purpose of transfer of ownership or development, when
said division results in two or more lots or parcels 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. In no event, once a property is subdivided, shall
a new subdivision be created within that subdivision.
This prohibition shall not preclude a replat within the
initially created subdivision subject to all the terms
and conditions of the original subdivision, nor shall it
preclude a lot split which does not create an additional
subdivision."
Section 2. Article IV of Ordinance 398 is hereby amended
at Section 1 to create a new item (14) to read as follows:
"Article IV, Section 1, (14). In no event shall a new
subdivision of land be created within a previously
approved subdivision within the Village of Tequesta.
This provision shall not preclude a replat within a
subdivision or a lot split within a subdivision which
replats or lot splits shall remain included as a part of
the original subdivision."
Section 3. Article IV of Ordinance 398 is hereby amended
at Section 7, Paragraph (6), so that such paragraph shall read as
follows:
11(6) In determining minimum lot width, cul-de-sac lots
shall be measured at a point along an arc beginning at
the front building line and the length of the arc shall
be at least 60% of the required minimum lot width for the
district."
1
1
Section 4. 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 5. 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 6. Codification. This Ordinance shall be codified
and made a part of the official Code of Ordinances of the Village
of Tequesta.
Section 7. Effective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided by
law.
THE FOREGOING ORDINANCE was offered by Councilmember
, who moved its adoption. The Ordinance
was seconded by Councilmember and upon
being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed and
adopted this day of , 1990.
ATTEST:
Village Clerk
2
MAYOR OF TEQUESTA
Joseph N. Capretta
I,
1
I
! ORDINANCE NO. 398
it AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TE'OUESTA, PALM BEACH COUNTY, FL RIDA, AY, E N D I N
'I � �RZlINANCE NO. 56, AS AMENLED, IN :TS ENTIRETY B'_
PROVIDING FOR A NEW COMPREHENSIVE SUBDIVISION ORDINANCE
REGULATING THE SUBDIVISION OF LAND WITHIN THE CORPORATE
I
LIMITS OF THE VILLAGE OF TEQUESTA; PROVIDING FOR
DECLARATION OF PURPOSE, JURISDICTION AND DEFINITIONS;
PROVIDING FOR PROCEDURES FOR PLAT APPROVAL; PROVIDING
FOR PLAT REQUIREMENTS; PROVIDING GENERAL REQUIREMENTS
AND DESIGN STANDARDS; PROVIDING FOR IMPROVEMENTS PRE-
REQUISITE TO FINAL APPROVAL; PROVIDING FOR
;. MODIFICATIONS AND VARIANCES IN EVENT OF HARDSHIP;
PROVIDING PENALTIES FOR VIOLATIONS HEREOF; PPOVIDING
I . `
FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING
I AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
TE=DUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
ARTICLE 1. DECLARATION OF PURPOSE, 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 for 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
Iequesta, Florida to be necessary and appropriate in order to
provide for economical and sufficient streets with adequate
widths and with proper alignment and grades designed to promote
the public safety, health and general welfare, to provide for
suitable residential neighborhoods with adequate streets and
utilities and appropriate building sites to save unnecessary
expenditure of public funds by initial proper construction of
streets and utilities and to provide proper land records for
the convenience of the public and for 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 the 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.
Section 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 Official of
the Village of Tequesta.
(2) 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 public uses to
which the property has been devoted.
(4) Easement. A right-of-way granted for limited use of
private property for a public or quasi -public purpose.
(5) Lot. A tract or parcel of land identified as a single j
unit in a subdivision and intended for transfer of
ownership, use cr improvement.
(6) Manager., Shall mean the Village Manager of the Village
(7) Right-of-way. Land reserved, used or to be used for a
street, alley, walkway, drainage facility or other
public purpose. j
(8) Setback line. 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 sOMEtiMEE es_ablished by ordinance for the
purpose of ultimate street widening, measured from the �
center line of the riche -of -way.)
(9) Sight distance. The minimum extent of an unobstructed
forward vision 'in a horizontal plane) along a street
from a vehicle located at any given point on a street.
{10) Sketch plan. An informal plan indicating the salient
existing features of the site and its surroundinq_s as
described in Article II and the general layout of a
proposed subdivision.
cIL 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.
(a) Alley. A minor roadway which is used primarily
for vehicular service access to the back or side
of properties otherwise abutting on a street.
tb) Arterial streets and highways. Those which are
used primarily for fast 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 within
such a development.
(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.
(e) Half -street. Generally parallel and adjacent to
the boundary of a tract, having a lesser right-of-
way width than required for a full width of the
type involved.
<f) 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.
(h) Parkway. Streets with limited access on an
exceptional right-of-way permitting marginall,
parkways for landscaping.
2
12. Subdivider or developer. A person, firm or
corporation, who undertakes the activities covered
by these regulations, particularly the drawing
of a subdivision plat showing the layout of -the -
land and the piblic improvements involved
therein. Inasmu,h as the su'-.;i :=ion 1: iit -_
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 (2) or more lots or parcels either by
plat into lots and blocks or by metes and bounds
description for the purpose of transfer c`7
ownership or development, when said divisio:,
results in two or more lots or parcels 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 cr
platted into lots, sites or parcels. However, the
sale or exchange of small parcels of land to cr
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. PROCEDURE 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.
(1) 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.
(2) Application in proper form must be filed with the
Building Official by the land owner or his
authorized agent ten (10) 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.
3
The Subdivider shall submit to the building
DE par -ment, at least two weeks prior tc _
regular meeting of the Council, the oriQ_inal and
ter. t iC` copies of a sketch Plar. of the pr:�-pcsef
z_ _=.. f . iminar_v g- -=sion t_ exam::.=
the sc_ = of dev=lopment contemplated, its nat-._=
and ex lain how it will fit intc the Developmen-
Fatterr. of the Village. The Sketch Plan shall
show the following features:
1. The location of the land or site to t=
subdivided and the approximate area thereof.
�. An indication of such natural features as
_n!t-raphy, lcw or swam<< y are- _,
r iuers, 1 akes or waterways, mangrG�YEs, an-'
environmentally sensitive land or habitat
areas.
Ar: indication of the proximity cf such
utilities as water, seweragE, drsinaaE,
electric light and power, and hzw
subdivision will be served by each.
-i. The subdivision of existing lands, if anv,
surrounding or abutting the proposed site,
notably the street pattern and ad;acen-
subdivision lot layout.
i
5. The relationship of the proposed subdivision
tc existing community facilities which sere= j
or influence it such as main traffic
arteries, railways, waterways, shopping cr
commercial centers, schools, parks and
playgrounds or any other physical features i
that will enable the Council to determine how
the subdivision will fit into the pattern of
the community as a whole.
6. Tentative lot and block lines, including_
proposed lot areas.
7. Where a small or irregular tract of land will
be created or may remain due to the
development of a proposed 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 proposed
subdivision layout.
(4) After review by the Village staff, copies of the
sketch plan will be forwarded to the Village
Council for consideration.
1. If the sketch plan is disapproved, the
Village shall retain one (1) copy and
instruct the subdivider not to proceed with
the subdivision unless and until a plan has
been approved by the Village Council.
(5) Following 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. The
Subdivider may elect to combine the Preliminary
and Final Plat procedures.
Section Preliminary Plat Procedure.
Any person desiring to subdivide land, who �.as
fulfilled the pre -application procedures set forth
in Sect ic:: l of this Article, shall prepare
Preliminary _:at of prc�r..osef subdivision ..-.
a=cordance with the specifications and
requirements as set forth in Article III, Section
hereof.
<�> Provide certification that the proposed
subdivision meets the Level of Service Standard_
and Concurrency Requirements of the Village of
Tequesta. Certification is to be provided by a
professional engineer, registered in the State of
Florida, anc Z prepared in a format that can
verified by the Village.
( 3> The land owner an,d'or representative shal=
schedule a meeting with the Building Official,
providing him with one (1) copy of the proposed
Preliminary Prat for review and the above
referenced LOS and Concurrency cer`_i`icatio::.
(4) Upon completii:n of the Building Official's review,
ten (10copies of the Preliminary Plat shall t=
filed with the Building Department at least twc
weeks prior to the Council meeting_ at which it is
to be considered.
(5) 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 Plat for street
numbering and naming and conformance with the
Development Pattern of the Village. The Village
staff shall forward to the Village Manager nine
(9) copies of said Plat with their approval or
recommended changes.
(6) 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 for information as to
how the site of the proposed subdivision can be
served with utilities, drainage facilities, parks,
schools and other appropriate infrastructure.
(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.
Section 3. Procedure following approval of the
Preliminary Plat.
(1) 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
plans and specifications for the following minimum
improvements and with the preparation of the final
plat:
(a) Street grading and paving, curb and gutter,
sidewalks/pathways, and crosswalks.
5
3>
(b` Storm water/drainage facilities.
(c) Water supply and fire hydrants.
tin:.; _ary sewers.
:'e) Street name signs.
(f) Control signs & markings.
(g) Permanent reference monuments.
(h) Electrical service.
<i Cable Antenna Television (CATV) servicE
Telephone service.
(k'. Street lighting layout.
Prior to the construction of any improvements, the
Subdivider shall furnish the Vil lace with five (5)
conies of all construction plans, information and
data necessary to determine the character of the
site improvements contemplated for compliance with j
the minimum standards and specifications of the
`i11age for said improvements. Street-, drainage,
sewerage and other utility plans -shall be prepared
by a professional engineer registered in the State
of Florida. I
The Village shall provide the Subdivider and his j
engineer copies of Code of Ordinances Chapter 14, I
Land Development Regulations, General Standards,
which includes Appendix "A", "Final Acceptance
Checklist", so that they may become familiar with
and incorporate into the construction plans the '
various Village requirements as indicated on the
checklist.
Section 4. Procedure for tentative approval of the
final plat.
( 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 (6) months, however, an
extension of time may be granted by the Village
Council upon written request.
(2) The final plat shall conform substantially to the
Preliminary Plat as approved, and if desired by
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.
(3) The Village staff shall examine the final plat for
conformance with the preliminary plat with regard
to individual responsibilities, and within thirty
(30) days shall 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 (15) days upon
receiving the plat from staff.
A
( 4> After cent if icat ion of the Final Plat by the
Village staff anf- Manager, the Village council may
give tentative approval of the Final Plat. Final
approval shall be withheld until all the required
;,trove-.=:.-s are fatal led tD the satisfaction and
final apr_val of the Village or in lieu thereof,
the de -:,,Ds it of cash equal to 110% of the
construction costs estimated by the Village staff
or the filing of a surety bond conditioned to
secure the construction of required improvements.
(5) The certification of the staff and Manager and the
tentative approval of the Village Council shall be
each stamped or imprinted on the Final Plat. The
oricina: ccpv Sha':l be returned to the subdivider
and one (1) copy stall be retained by the Village.
Section Procedure following tentative approval of
the final plat by the village Council.
(1` 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. ..
(a) File with the Village a surety bond
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 (1) year. However, the
Village Council shall have the authority to
extend this time. Said bond shall be
executed by a surety company authorized to do
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 11096 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 escrow
cash, cashier's check or a certified check in
an amount 110% of the cost of construction 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.
(2) Following receipt of the surety deposit or
notification by the Village staff that all
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.
7
<3` After final apr_oval by the Village Council, the
subdivider shal_ file a true copy c_ the plat as
approved, within sixty (60) days from the date of
such approval ::.th the Clerk of the Circuit
_f Falm Beach
c4> When the plat has been recorded, a reproducib:e
and five (5) czpies thereof shall be filed with
the Village.
( 5) No building permit shall be issued until the f inal
plat has been recorded in the office of the Clerk
of the Circuit Court of Palm Beach County. No
temporary or f inal Cert if icate of Occupancy shall
be .=sued u:.' _: a'_1 physical improvements servi-:c.
the property have been installed in accordance
with Article V.
ARTICLE III. PLAT REQUIREMENTS.
Sect ion 1. Recuirerents of the preliminary plat.
(1) The Preliminary Plat shall be drawn to a scale. of
not more than 100 feet to the inch, provided,
however, at a scale of 200 feet to the inch may i
be used for large areas and shall show the
following:
(a) Proposed subdivision name or identifying I
title which shall not duplicate or closely
approximate the name of any other subdivision
in the counts•. I
(b) Location sketch related to the Village
limits.
(c) North point, graphic scale and date.
(d> Name of the owner of property or his
authorized agent, also name mortgagees.
<e) Name of the registered professional engineer
and/or surveyor responsible for the plat.
( f ) Locations and names of adjacent subdivisions.
(g) Boundary line of the tract to be subdivided
drawn accurately to scale and with accurate
linear and angular dimensions.
(h) All existing water courses, drainage ditches,
canals and bodies of water on or adjacent to
proposed subdivision.
(i) All existing buildings on the proposed
subdivision and all existing sewers, water
mains, culverts, fire hydrants, underground
or above ground utilities on or adjacent to
the proposed subdivision.
<j) 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. i
(k) All existing property lines, easements and
rights -of -way and the Furt_:se for which the
easements or rights -of -way have been
established.
<i> Location and width of all proposed streets,
alleys, rights -of -way, easements, purpose of
easements, proposed lot lines for each
i
street.
(m) Setback lines shall be shown when required by
the Village.
I
(n) Sites, if any, to be reserved or dedicated
for marks, playgrounds, TnsErvation easement
areas, or other public useso.
( o:> Sites, if any, for multiple family dwellings,
shopping centers, churches, or other non-
public uses exclusive of single family
dwellings.
p) Locations and s i-Ze of proposed water, sewer,
drainage facilities, fire hydrants and other
utilities on the lan:] to be subdivided and cn
land within one hundred (100) feet thereof.
�q) Site data, in tabular form, including number I
of residential lots, typical lot sizes and i
areas, and areas in parks, etc.
(r) Space and forms fir the following signatures
indicating approval.
(1) Dedication by owner.
(2) Notary - Attest.
(3) Surveyor.
(4) Village Manager
(5) Mayor.
(6) Clerk - Attest. I
(7) Building Official
(8) Title Company
(9) Mortgagee Approval.
(2) 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.
(3) The extent and boundaries of the platted area
shall be graphically indicated in a clear and
understandable manner.
(4) Ten (10) copies of the deed restrictions and/or
protective covenants, whereby the subdivider
intends to regulate the land use other than
through the zoning ordinance, shall be attached to
the preliminary plat. Conformance of such deed
restrictions shall not be the responsibility of
the Village.
(5) If the proposed land to be subdivided does not lie
within the corporate limits but is proposed for
annexation to the Village, the preliminary plat
shall show a plan indicating the proposed use of
the lots and the County zoning.
I
9
Section 2. Requirements of the final plat.
(1) The final plat shall be clearly and legibly drawn
in ink or tracing cloth to a scale of not more
than 200 feet one inch. .ndividual =hse _=
shall not be larger than 24 inches by 36 inches
overall, as approved by Palm Beach County for
purposes of recording. Where the Final Plat of
proposed subdivision requires more than one sheet,
each sheet shall be keyed to a master map with
appropriate marks of identification.
I
<2) The Final Plat shall include the following
information: j
(a) Location sketch showing location of
subdivision with respect to section or
government ict lines.
(b) Boundary lines of the tract with accurate
distances measured to hundredths of a foot
and angles to half minutes. The boundaries
shall be determined by accurate survey in the
field, which shall be balanced and closed
�-•ith err_r closures not to exceed one foot to
5,000 fret. Surveys shall be coordinated and
tied into the nearest established section
corner or quarter section: by angle and
distance.
(c) The exact names, locations and widths along
the property lines of all existing or
recorded streets intersecting or paralleling
the boundaries of the tract.
(d) The exact layout including street and alley
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 i
tangent bearings; all easements or rights -of -I
way where provided for or owned by public l
services; all lot lines with dimensions in
feet and hundredths and with bearings or
angles of other than right angles to the'
street or alley lines; center lines of all
streets.
(e) Lots numbered in numerical order beginning
with numerical one in each block and blocks
numbered in numerical order or lettered inI
alphabetical order.
(f) The accurate location and material of all
permanent monuments.
(g) The accurate outline of all property which is
to be dedicated or reserved for the public
use including open drainage courses and
suitable easements and all property that may
be reserved by covenants in deeds for the
common use of the property owners in the
subdivision, with the purposes indicated
thereon.
10
h) Names anal locations of adjoinin:
subdivisions, if any, the adjacent portion -
of which shall be shown in outline form.
i - Acknowledcm=_-.t _,f t`:e owner or owners and a::
lien holders to the plats and restrictions.
including ?edication to public use of al:
streets, alleys, parks or other open spaces
shown thereon and the granting of the
required easements. Mortgage holders shall
execute the following certificates on plats:
The mortgagee(s) 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 t1
foreclose the mortgage covering the said
property twat all pieces and parcels
dedicated t: the public will be excluded from
said suit and the dedication remain in full
force and effect.
j Private res-rictions and/or trusteeships an'.
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 suc'-:
instrument shall be made on the plat.
<k) The certificate of the Registered Lard
Surveyor attesting to the accuracy of the
survey and that the permanent reference
monuments have been established according tc
law.
(1) Space and forms for the following necessary
signatures indicating approval:
(1) Dedication by Owner.
(2) Notary - Attest.
( 3 ) Surveyor.
(4) Village Manager.
(5) Mayor.
(6) Clerk - Attest.
(7) Building Official
(8) Title Company.
(9) Mortgagee Approval.
( m) Subdivision name or identifying title.
(n) North point, graphic scale and date.
(o) Name of record owner and subdivider.
(p) Such other features as may be required by
Chapter 177, Florida Statutes, and as amended
from time to time.
(3) 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 plat,
by contour lines at two foot intervals.
11
(4) A letter from a title company certifying the
following shall be presented with the final plat.
(a) Parties executing plats are owners of t E
land embraced in the plat.
(b) All mortgages, liens, or other encumbrances.
(c) Whether or not taxes and assessments are
paid.
(d) Description shown of the property to be
platted is correct.
ARTICLE IV. GENERAL REQUIREMENTS AND DESIGN STANDARDS.
Section 1. Conformity to a comprehensive plan a-.3
other general requirements.
(1) No building permits shall be issued on lots =r
tracts of land until same have been platted :..
accordance with these regulations and proper_Y
recorded in the Public Records of Palm Beach
County, Florida.
(2) All proposed subdivisions shall conform to the
Village Zoning Ordinance and to any elements --f
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
concurrency requirements of the Village of
Tequesta. A licensed engineer registered in the
State of Florida shall certify that all level cf j
service standards have been met except that the j
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
water use permit from the South Florida Water
Management District.
(5) Coordinate all proposed development and or
redevelopment with and/or obtain approvals and/or
permits from the following agencies:
1. Palm Beach County Health Department
2. Palm Beach County Fire/Rescue (Fire Marshal)
3. Loxahatchee River Environmental Control
District (ENCON)
4. Dept. of Environmental Resources Management
( DERM )
5. South Florida Water Management District
(SFWMD)
6. Florida Department of Transportation (FDOT)
7. West Palm Beach Urban Area Transportation
Study ( WPBUATS)
12
i
I
i
8. Metropolitan Planning Orqanization of Palm
Beach Ccunty (MPO)
9. Palm 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 Certificates 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 enqineer
of record for the 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.
(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 and/or redevelopment meets or
exceeds the Level -of -Service standards for the
listed infrastructure as follows:
1. Traff ic: ( Roads & Right -of -Ways)
(LOS) (LOS)
Roadway Type Standard Peak
Collector C D
Urban minor arterials C D
Principal arterials C D
2. Sanitary Sewer:
Maximum Monthly Maximum
Category Daily Flow (MMDF) Daily Flow (MDF)
Residential
Non -Residential
73.1 gallons/
capita/day
431 gallons/
acre/day
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
13
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
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 Day Water Consumption Rate
Residential 236 gallons/capita/day
Non —Residential None. Established/LOS
Standard shall be estab—
lished by 1991.
Maximum Day Water Consumption
Residential 354 gallons/capita/day
Non —Residential 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
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
(7) 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 proposed new development and major
redevelopment within the Coastal Building Zone of
the Village of Tequesta must provide for the
dedication of public access easements.
(10) 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.
14
(11) New development and redevelop-ent shall not be
permitted withir. the Coastal High Hazard Area c_
the Village as defined in the Zoning Code at
Section XV(J)(1) and there shall he no expenditure
of public funds f C r infra_tructure and _r
facilities withir. the Coastal High Hazard Area.
( 12) Require notification of neighboring jurisdictions
of any external impacts that a proposed project
might have within those jurisdictions and assess
and mitigate those impacts.
(13) 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 s•1tdivisions. Land
which the Village has found to be unsuitable for subdivision
due to flooding, bad drainage, or other features likely to be
harmfl,l to the health, safety, and general welfare of future
residents shall not be subdivided unless adequate methods of
correction are formulated by the subdivider and/or the
Village. Protective measures required must be referred to on
the plat, including such features as drainage ponds, ditches,
etc.
Section 3. Streets.
(1) 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 appropriate relation to the
proposed uses of the land to be served by such
streets and the most advantageous development of
the surrounding neighborhood.
(2) Private drives, roads, or streets shall be
prohibited.
(3) Where such is not shown in any major street or
highway plan, the arrangement of streets in a
subdivision shall either:
(a) Provide for the continuation or appropriate
projection of existing principal streets in
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.
(c) 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 provided with
minimum right—of—way width as collector
streets, when considered necessary by the
Council.
15
(4) Minor streets shall be so laid out and arranged as
to discourage their use by through traffic.
(5) Where a subdivision abuts or contains an existin,:
1im:ited access highway or freeway or parkway c_
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.
Where a subdivision bc,rders on or contains a
railroad right-of-way, expressway, drainage canal
or waterway, the Council may require a street
approximately parallel to and on each side of such
right-of-way, at a distance suitable for the
appropriate use of the intervening land. Such
distances shall also be determined with due regard
for the requirements of approach grades for futurs
bridges or grade separations, as provided in the
appropriate construction manual.
(7) Reserve strips controlling access to streets shall
be prohibited -except where their control is
definitely placed in the Village under conditions
approved by the Council.
(8) There shall be no private streets, lanes or ways,
platted in any subdivision. Every subdivided lot
or property shall be served from a publicly
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
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 the!
other part of the street shall be dedicated within
such tract.
( 10)
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
street is of a temporary nature a similar turn)
around may be required and provision made for
future extension of street into adjoining)
property, as may be required by the Village. j
Cul-de-sacs, permanently designed as such, shall)
not exceed four hundred (400) feet in length andli
be provided at the closed end (cul-de-sac) with a!
turn around having an outside roadway diameter of
at least eighty (80) feet and a property lined
diameter of at least one hundred (100) feet. !
(12) Street jogs with center line off -sets of less than'
one hundred twenty-five (125) feet shall be
prohibited if, due to unusual conditions, the
Village determines that a lesser centerline off-
set is just if ied.
16
(13) Where curvilinear streets are recommended fcr
residential, minor, and collector streets in crfer
to discourage excessive vehicle speeds and to
provide attractive vistas, they shall meet the !
f ^' :. =i4 cr i t E r la:
i
(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 ........................150 feet
Collector streets....................300 feet
Secondary arterial streets
and section line roads...............500 feet
`1 jor arterial streets...............750 feet
(c) A tangent at least 100 feet long shall he
provided between reverse curves on collector
streets and at least 250 feet long on major
and secondary arterial streets and section
line roads.
(14) Street intersections:
(a) Streets shall be laid out to intersect as
nearly as possible at right angles. No
street shall intersect another at an angle of
less than. 60 degrees, except at a "Y"
intersection of two minor streets.
(b) Multiple intersections involving junction of
more than two streets shall be prohibited
except where found to be unavoidable by the
Council.
(c) As far as possible, intersections on arterial
streets shall be located not less than 800
feet apart, measured from center line to
center line.
(d) Property lines at street intersections shall
be rounded with a radius of twenty—five (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.
(15) Unless otherwise indicated or required by a Major
Street Plan, street rights —of —way shall not be
less than the following:
Street Type Right —of —Way (feet)
Primary arterial street.......................80
Secondary arterial or section line road ....... 60
Alleys........................................20
17
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aseo ou uI ';aa:!Ts but;stxa aq; se aweu awes aq;
aAeq ITegs ;aas;s but;stxa ue ;o not;enut;uoo e so
g;tM ;uawubtle ut St gotgM ;aaz;s Mau pasodoid 'd (9T)
•pastnbas aq dew spiepue;s anoge aq; g;tM
aouew:io;uoo ut deM-;o-tgbts leuot;tppe •q;ptM
:ieM-;o-;gbtz a;enBapeut ;o ;aaz;s nut;stxa
ue sute;uoo so s;nqe uOtatAtpgns e asagM (q)
•sease TetZ.:�aw:nco
pue sease let;ua, -_a� d;tsuap g5tg •'t 5utxsed
pue not;eTnorto •ssaooe a;enbape raansse o;
ac •aouatlanuoo -,se d;a;es oTlgrnd a;owo3d o;
pastnbas aq dew g;ptM deM—;o-;g6t3 leuot;tppV (e)
I
(3) Easements may be required for drainage purposes of
such size and location as may be determined by the
Village.
Section 6. 21,Dcks.
(1) The length, widths and shapes cf Mocks shall to
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
d i rnens i ons .
(c) Needs for convenience and safe access,
circulation, control of pedestrian and
vehicular traffic.
"d) Limitations and opportunities of topographic
features.
( 3� Block lengths shall not e:;_eed 1,320 feet nor he
less than 500 feet unless deemed advisable because
of unusual conditions by the Village.
(3) Pedestrian crosswalks, not less than 5 feet in i
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.
(1) The lot size, width, depth, shape and orientation
and the minimum building setback lines shall be
appropriate for the location of the subdivision
and for 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) Corner lots for residential use shall have extra
width to permit appropriate building setback from
the orientation of both streets.
<3) Insofar as practicable, side lot lines shall be at
right angles to straight right—of—way lines or
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 specific
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.
(5) Every lot shall abut upon and have permanent
access to a public street.
19
(6) In determining minimum lot width, cul—de—sac lots
shall be measured at a point along an ar_
beginning at the front setback line and the length
of the arc shall be at least 60% of the required
min:T__.T7 1 ' -t `dth for +�he district. r
'� ' a
Section e. Acceptance and Dedication. The
dedication of public spaces by an indication on the plat shall
not constitute an acceptance of the dedication by the Village
Council.
Section 9. Sites for public use.
1) All sites designated in subdivision plats for
rur.lic 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 cr recreation
site is shown in a Comprehensive Plan of the
Village, provision shall be made for the
reservation of the site in the plat for a period
of o.nE 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.
<2> When a subdivision covers an area within which the
Boar of Education requires a school site,
provision should be made in the subdivision plat
for such school site, properly integrated into the
plans of the subdivision. Standard minimum site
requirements shall be as follows:
Elementary School .........................10 acres
Junior or Senior Hic_h School..............25 acres
Combined Elementary and High School ....... 40 acres
When a school site has been designated in a plat
the site shall 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 5, 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 the
physical reality of a subdivision which approval and
recordation will establish legally. All construction under
this Article shall be subject to the inspection of the Village.
Section 1. Permanent reference monuments.
(1) 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
shall 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.
20
(2) Permanent reference monuments shall be as required
by the State Plat_ Law.
Section Grading. All streets, cross walks any
alleys steal: be gra-'ed tc their full width by the subdivider :..
accordancE with the Village specifications. Due to special
topographical conditions deviation to the above will be allowe-
only with special approval of the Village.
Section 3. Storm Drainage (Storm 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 desigr.
standards to ensure that all drainage improvement_ an4
infrastructure are in conformance with all current State,
County, District and Village requirements. Properly dedicated
easements shall be provided for drainage improvements a, -.a
infrastructure. Such drainage improvements and infrastructure
shall be subject to the issuance of permits and the performance
cf inspections by the Village.
Section 4. Paving. All streets of the subdivision,
shall be paved by the subdivider in full accordance with the
specifications fcr paving officially adopted by the Village cf
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:
(a)
Primary Streets
- 24
feet.
(b)
Secondary Streets
- 20
feet.
(c)
Arterial Streets
- 40
feet or over, to be
determined by the
Council.
Any pavement costs in
excess of 40 feet
will
not be imposed upon the
subdivider, but will
be
the responsibility of the
Village, County or
State.
(d)
Individual Streets
- 40
feet.
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 (5) feet
in width or greater.
Section 6. Fill. Fill shall be placed in the entire
subdivision to the elevations, after settlement, prescribed by
the 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 may 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 for both domestic
use and fire protection. All extensions shall be subject to
the approval of the Village and the Palm Beach County Health
Department. All extensions shall conform with the general
water distribution plan for the Village.
21
S__tion 8. Sanitary Sewers. Where possible,
sar_tyr_ sEWEr ma- :s properly cosine=ted with t he L'1..a_=
sewerage system shall be provided. In addition to sewer m5ins,
laterals shall bE ir._talled to each platted lot and stubbed off
at _t.=:.nE fzr future ccnnecti=.-,.
sar:itar_ sewer system shall also be subject to the
approval of t,e regional sewer district and/or the Palm EEac:_
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 °. Street Name Signs. Street name signs
corformir.c tc Village specif icat ions shall be installed at the
intersE_': all streets carrying the street names
on the s:bdivisi=r. plat. The type of signs and their locati_n
shall mee' with the approval and inspection of the Village.
-=:ti:n 1^. Control Signs and Markings. Cor.tr=:
signs a-::! markings shall be in conformance with all currer.-
StatE, Cc�nty, Distri_-t and Village requirements.
=ct ion 11. Street Light ing Layout. Street : iy ht i.
shall be� provided in accordance with the requirements cf the
Village an, Florida Power b Light.
SE_tion l Underground Utility Service. The sub-
divider shall provide for all utilities, existing and propose,
to be be placed underground which shall serve any individua:
lot, public right-of-way or common grounds. This provisicn
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 13. Engineering Expenses. The subdivider;
shall reimburse the Village for engineering expenses incurred'
by the Village, directly related to the subdivision. Where the
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 will be in accordance with a formulai
provided by the Village.
Section 14. Undesignated Roads. The subdivider shall
provide those roads not designated in the Village's five (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 -Platted 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 in
accordance with these regulations.
ARTICLE VI. VARIANCES, SERERABILITY, PENALTY.
Section 1. 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 nullifying the intent and purpose of a
Comprehensive Development Plan, the Zoning Ordinance or these
regulations, and such variance is issued by the Village
Council.
22
Section 2. Conditions. In Qranting variances a7.'-
modificat'_ons, the Council may require such conditions as will,
in its='-:dgment, secure su'bstantiall\' the Obje_tivEs of t:=
standards sr requirements so varied or modified.
��-titan 3. Penalties. lati_.n of th= Fr_vi=ic-=
of this Ordinance Or failure to� comply with any of it -
re au 4A r ement s (including violation of conditions anf safeguar'=
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
($500.00` or imprisoned for not more than six (c` months Cr
both, an in addition, shall pay al l costs and a ;pens e_
involved in the case. EaTh day such violation continues sha'_:
be consid_red a separate offensE.
Section 4. Severability. If any provision of this
Ordinance or the application thereof is held invalid, such
invalidity shall not affe_t the other provisions or
applications of this Ordinance which can be given effect
without the invalid provisions or ap.licatiG::s, and tc th:=
end, the provisions of this Ordinance are hereby declare:
severable.
Se_tion 5. Codification. This Ordinance shall be
codified and made a part of the official Code of Ordinances
the Village of Tequesta. `
Section 6. 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 JI who moved its
adoption. The Ordinance was seconded by
Councilmer.:ber Edward C. Howell and upon being
Put to a vote, the vote was as follows:
FOR. ADOPTION
Joseph N. Capretta
Earl L. Collings
Edward C . Howell
Ron T. Mackail
AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed
and adopted this loth day of May 01 1990.
ATTEST:
MAYOR OF TEQUESTA
23
eph N. Capretta