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HomeMy WebLinkAboutDocumentation_Regular_Tab 9A_6/28/1990VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive Tequesta. Florida 33469-0273 • (407) 575-6200 FAX: (407) 575-6203 M EMO RANDUM TO: Village Council Vv� i FROM: Wendy K. Harrison, Assistant DATE: June 22, 1990 Ids Im 0 of to the Village Manager SUBJECT: Ordinance No. 408, Second Reading; Agenda Item IX -A Please find attached Ordinance No. 408 which provides for amendments to the Land Development Regulations of the Village. Per your direction at the June 14 Village Council meeting, Jack Horniman will be in attendance, and Scott Ladd will be requested to present to you the reasons for the Ordinance and answer questions or concerns you may have. WKH/mk Attachment Recycled Paper VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (407) 575-6200 FAX: (407) 575-0203 June 18, 1990 Mr. Jack L. Horniman President JLH & Associates 224 Datura Street Suite 1001 West Palm Beach, Florida 33401 RE: Ordinance No. 408, General Standards Applicable to Land Development Regulations Dear Jack: This is to notify you that the Village Council at its June 14 meeting had questions regarding the above -referenced Ordinance which was considered for second reading at that time. Specifically, questions concerned utilization of septic tanks, the general nature of many of the items and the very specific level of service standards included. The Village Council requested that the second reading of this Ordinance be postponed to the June 28 Village Council meeting at which time staff would present reasons for the Ordinance and explanation of some of the specific concerns. Therefore, this is to request your presence at the June 28th Council Meeting which is scheduled for 7:00 P.M. so that you may assist Scott Ladd in the presentations of the above. Please let me know as soon as possible if this presents a problem for you. Sincerely yours, A) 14 Wendy K. arrison Assistant to the Village Manager WKH/mk Enclosure - Ord. #408 cc: Scott D. Ladd, Building Official Recycled Paper ORDINANCE NO. 408 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 14, LAND DEVELOPMENT REGULATIONS, OF THE CODE OF ORDINANCES OF THE VILLAGE OF TEQUESTA, BY PROVIDING GENERAL STANDARDS APPLICABLE TO THE LAND DEVELOPMENT REGULATIONS OF THE VILLAGE OF TEQUESTA; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE Village Council of the Village of Tequesta, Florida as follows: Section 1. Chapter 14, Land Development Regulations, of the Code of Ordinances of the Village of Tequesta, is hereby amended by adding general standards required by the Village Comprehensive Development Plan and set forth herein as follows: General Standards: 1. The current utilization of septic tanks within the Village, in accordance with Environmental Control Rule I and Rule 17-6, Florida Administrative Code, is hereby deemed to be an acceptable alternative to public sewage collection systems. However, in the event that water quality sampling programs administered by the Palm Beach County Health Department and/or Environmental Resources Management (i.e. in the north and northwest forks of the Loxahatc hee River) indicate that State pater Quality Standards ( i.e. dissolved oxygen, bacteria, col iforms, turbidity, TKN and/or Phosphorous) are being violated, the Village shall establish a program to eliminate septic tank use as appropr iate. 2. Annually, at the time of the Village budget process, the Village shall request a written assessment by the Loxahatchee River Environmental Control District (ENCON) of wastewater facilities serving the Village, including a statement of deficiencies and required improvements, costs of improvements and a schedule for implementations. 3. The recommendations and requirements forthcoming in the Water 2M and Water Supply Development Plan being prepared by the South Florida Water Management District shall be reviewed as they become available. Land use plans and development regulations shall be consistent with the findings and recommendations of this Plan. 4. The Village shall carefully consider all municipal expenditures and revenues resulting from proposals by developers or owners regarding water systems when determining the cost and benefit of those proposals. A clear statement of costs and benefits shall be prepared for the Village before any determinations are made. 5. The Village shall establish the necessary procedure with ENCON to require all new developments to incorporate irrigation quality (IQ) water systems for irrigation usage, once it is available and economically feasible, as a method to reduce potable water demand and increase aquifer recharge potential. 6. The Villaoe shall maintain its ongoing monitoring and maintenance program for the potable water system as administered by the Water Department. Expansions of the water supply and water distribution system shall be constructed to current engineering and American Water Works Association (AWWA) design standards. 7. All development and redevelopment shall comply with the new development stormwater drainage require- ments meeting and/or exceeding the Level -of-Service 'LOS) standards adopted by the Village and consistent with the requirements of the South Florida :later Management District's Management and Storage of Surface Waters, Permit Information Manual Volume IV, dated September 1986 and as updated January 1987 and any subsequent updates. 8. The Village shall protect and preserve water quality by use of construction site Best Management Practices (BMP's) and the incorporation of techniques such as on -site retention and/c: detention, use of pervious surfaces, native vegetation and Xeriscape landscaping practices when considering all proposals for development and/cr redevelopment. 9. Al development and/or redevelopment activities associated with on -site drainage facilities shall be designed and reviewed to maximize non-structural techniques ( 1. e. on -site retention and/or detention, use of pervious surfaces, swale areas, native vegetation and Xeriscape landscaping) in combination with structural drainage facilities (i.e. underground drainage facilities) to reduce stormwater runoff, maintain local recharge and protect water quality. 10. The Village shall adopt the recommendations of the Palm Beach County Areawide Plans related to Urban Best Management Practices (BKP) to require future development to restrict off -site runoff of stormwater pollutants in accordance with drainage criteria established by Palm Beach County and the South Florida Water Management District. 11. The Village shall work cooperatively with the private sector in the future to provide recreation and open space areas in their developments to supplement the recreational need in the community and include designation of such areas as part of the site plan review process. 12. The Village shall coordinate development which allows safe and easy access to recreational facilities outside and within the Village's corporate limits that is consistent with the TRAFFIC CIRCULATION element of the Comprehensive Development Plan and which is consistent with the Village of Tequesta 5-Year Capital Improvement Program. 13. The Village shall consider the external effects of Village development and redevelopment activities on neighboring municipalities, Palm Beach County, Martin County, the Palm Beach County School Board, and the region as part of the site plan review process. page 2 14. The Village shall identify those development activities which affect other Jurisdictions, and also evaluate the impacts of such activities at the time of development and as part of the site plan review process. 15. The Village shall formally consider regional goals and objectives during the land development decision - making process, and utilize the Treasure Coast Regional Planning Council informal mediation process to resolve conflicts with other local governments. 16. The Village shall assess the effect of rezoning, annexation, and development activities on interlocal agreements which exist between the Village and other Jurisdictions to determine any effect on the ability to provide the services which are the subject of the interlocal agreements. 17. The Village shall cooperate with the Palm Beach County Health Department and Department of Environmental Resource Management to continue to monitor their water quality sampling stations located within the Village and incorporate substantiated water quality controls (e.g. drainage) into the development review process to ensure that future development in the coastal area does not contribute to the degradation of estuarine water quality. 18. The Village shall establish Level -of -Service ' standards for siting water -dependent and shoreline land uses, including but not limited to, marinas, ; boat ramps and public access areas, by incorporating into its Code of Ordinances access and land dedications for future development and redevelopment in the coastal area. These Level -of - Service standards shall be established within the five (5) year planning period. 19. The Village shall preserve and protect existing sea grass areas as a vital food source for manatees and a nursery for estuarine species by prohibiting dredging and filling activities in or near these areas except where expressly provided for in the development of water -dependent land uses or where it is necessary for the qeneral health, safety and welfare of the public and adopt, when it becomes available, the Palm Beach County Manatee Protection Ordinance or a Village version of same. 20. The Village shall insure that future development and redevelopment shall bear a proportionate cost of facility improvements in order to maintain adopted Village Level -of -Service standards. Pro- portionate costs are defined to mean 100% of that amount necessary to assure that Tequesta Level -of - Service standards are maintained as a result of development approval for those facilities over which Tequesta has operational control. page 3 21. Defined Recreation Facility needs maybe met by any of the following means: ( 1) on -site provision of public or private facilities; (2) dedications; or (3) fees in lieu thereof. Plant expansion for potable water and sewer systems shall be accommodated by charqes administered by the Village and the Loxahatchee River Environmental Control District. Major road improvements shall be accommodated by participating in the County's Fair Share Road Impact Fee Program. Solid Waste collection and disposal improvements shall be accommodated by the fee schedule annually levied by the private hauler (Note: Tipping fees are levied by the Pal■ Beach County Solid haste Authority). 22. Prior to the issuance of Certificates of Occupancy. the Village shall require that all public facilities are available to serve development for which development orders were previously issued. Development orders for future development shall not be issued unless the Village has demonstrated either of the followinq: (1) compliance with Teqvesta Level -of -Service standards; or (2) provision of needed public facilities in compliance with the Tequesta Level -of-Service standards within the adopted 5-Year Schedule of Improvements. 23. Prior to issuing a development order or buildino permit, the Village shall use Level -of -Service (LOS) standards adopted in the various elements of the Comprehensive Development Plan to review the impacts of new development and redevelopment upon public facility provision. The Village shall not issue a development order or building permit which results in a reduction in service for affected public facilities below these Level -of -Service standards. A listing of LOS standards is attached as follows: a) Traffic: (LOS) (LOS) Roadway Type Standard peak Collector C D Urban minor arterials C D Principal arterials C D b) Sanitary Sewer: Maximum Monthly Maximus Category Daily Flow (MMDF) Daily Flow (MDF) Residential 73.1 gallons/ 78.8 gallons/ capita/day capita/day Non -Residential 431 gallons/ 464.9 gallons/ acre/day acre/day c) Drainage: Public drainage facilities Level -of - Service standard of a three (3) year frequency, twenty-four (24) hour duration storm event is hereby adopted, and shall be used as the basis of estimating the availability of capacity and demand generated by a proposed development project. As a general drainage requirement, each proposed project and/or site must maintain 95% of all storm water runoff on site. page 4 d> 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 established by 1991. Maximum Day Water Consumption Residential Non -Residential e) Recreation: Class if icat ion Area/Activity Neighborhood Parks Community Parks Beaches Golf Courses Tennis Basketball Baseball/Softball Football/Soccer Playground Areas Beach Access Easements 354 gallons/capita/day None. Established/LOS Standard shall be established by 1991. Level -of -Service Standards Table Standard (unit/population) 2 acres11,000 2 acres/1,000 1 mile/31,250 9 hones/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 redevedoped beach frontage 24. a) Proposed Comprehensive Development Plan amendments and request for new development or redevelopment shall be evaluated accordinq to the following guidelines as to whether the proposed action would: 1) contribute to any condition of public hazard as described in the SANITARY SEWER, SOLID WASTE, DRAINAGE, POTABLE WATER, AND NATURAL GROUNDWATER RECHARGE element, and COASTAL MANAGEMENT element; 2) exacerbate any existing condition of public facility capacity deficits, as described in the TRAFFIC CIRCULATION element; SANITARY SEWER, SOLID WASTE, DRAINAGE, POTABLE WATER AND NATURAL GROUNDWATER RECHARGE element; and RECREATION AND OPEN SPACE element; 3) generate public facility demands that may be accommodated by capacity increases planned in the 5-pear Schedule of Improvements; and 4) conform with future land uses as shown on the Future Land Use map of the FUTURE LARD USE element, and public facility availability as described in the SANITARY SEWER, SOLID WASTE, DRAINAGE, AND NATURAL GROUNDWATER RECHARGE element. page 5 If public facilities are developer -provided, they shall accommodate public facility demands based upon adopted LOS standards. b) If public facilities are provided, in part or wholly, by the Village, financial feasibility shall be demonstrated subject to the Capital Improvements element. c) Effects upon appropriate State agency and/or Water Management District facilities plans shall be evaluated. 25. a) The Village shall designate an Urban Service Area as a means of; (1) implementing future land use designations, as per the Future Land Use Map; and (2) limiting potential Village post -disaster redevelopment expenditures. b) That portion of the Village not located within the Coastal High Hazard Area, as defined in the Coastal Management element, shall be designated as the Village Urban Service Area, and the Coastal High Hazard Area, as desiqnated in the Coastal Management element shall be designated as a Limited -Urban Service Area where the level of facilities and services provided by Tequesta shall be limited to those currently provided. 26. Al subdivisions, development and redevelopment shall most the technical requirements as set forth in the Village of Tequesta Land Development Regulations Final Acceptance Checklist, as attached to this Ordinance as Appendix "A", in addition to all other applicable requirements as set forth within the Comprehensive Land Development Regulations of the Village of Tequesta. Section 2. Severabi I ity. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 3. Cod if icat ion. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 4. 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: page 6 FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1990. ATTEST: Village Clerk MAYOR OF TEQUESTA Joseph N. Capretta page 7 APPENDIX "A" VILLAGE OF TEQUESTA LAND DEVELOPMENT REGULATIONS "FINAL ACCEPTANCE CHECKLIST" 1. Obtain signed and sealed letters of final infrastructure acceptance from the engineer of record for the project. 2. Obtain two (2) complete sets of "as -built" construction drawings of the completed project. 3. Receive signed and sealed letter of final inspection and acceptance of completed infrastructure by the Villages consulting engineer. 4. Performance of final inspections by Village staff including checking for acceptable completion and Installation of the following: A. Control signs and markings: I. stop signs 2. one-way / do not enter signs 3. yield or merge signs 4. other control signs as may be required or appropriate S. stop bar pavement markings 6. traffic lane separation markings 7. traffic lane directional arrow markings S. stacking lane pavement markings 9. acceleration/deceleration lane pavement markings 10. center lane pavement markings and reflectors 11. fire hydrant location pavement reflectors (blue) 12. crosswalk pavement markings 13. other pavement markings as may be required or appropriate 14. all striping and other required pavement markings to be thermo plastic. B. Street Name Signs: I. type - Palo Beach extra 2. 10• galvanized post, 6-1/2• above ground C. Sidewalks and Crosswalks: 1. minimum S' in width 2. concrete construction D. Pathways, as may be required or appropriate: 1. concrete construction S. Curbs: 1. F curbs as required F. Storm water/drainage facilities: 1. inlets 2. culverts 3. retention/detention areas 4. catch basins S. Swale$ a) 6" lower than edge of roadway 6. curbs and gutters 7. head walls/overflow devices 8. weirs IPaoe 2 ;Checklist 9. cover plates and orates a) standard design 10. other storm water/drainage facilities as may be required or appropriate 11. pipes to be reinforced concrete (RCP) G. Landscaping: I. common areas 2. street scapes (as may be required) 3. subdivision or proiect entrances 4. recreational facilities S. Community Appearance Board and Site Plan Review conditions 6. approved DOT setback a) plants and shrubs, maximum 2' in heiaht within 4' of paved roadway b) trees, with base diameter in excess of 4" must be minimum 14' off edge of paved roadway H. Subdivision or project identification signs: I. size 2. height 3. setback 4. colors S. structural code requirements 6. electrical code requirements 7. Community Appearance Board conditions I. Irrigation: I. common areas 2. street scapes (as may be required) 3. subdivision or project entrances 4. recreational facilities J. Permanent reference monuments or markers as required by State survey and plat laws, including but not limited to the following: I 1. Intersection of centerline of all streets 2. angle points 3. points of curves in streets 4. all platted parcel and lot corners and directional changes S. other locations as may be deemed appropriate K. Street Lights: 1. conform to adjacent developments 2. per FP&L design standards L. Utilities: 1. All utility pipes, conduits, raceways, etc. must be installed prior to final concrete and/or asphaltic surfaces being placed. 2. All utilities, existing and proposed, shall be placed underground. M. Village of Tequesta Water Department Requirements: 1. All fire hydrants to be of a type approved by the Village of Tequesta Water Department. 2. Fire hydrants to be painted current Village colors. Contact Village of Tequesta Water Department. 3. All raised backflow preventers must be properly screened from view with landscaping.