HomeMy WebLinkAboutDocumentation_Regular_Tab 10B_5/10/1990 •
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ORDINANCE NO. 398
AN ORDINA 'E OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA. PALM BEACH COUNTY. FLORIDA. AMENDING
ORDINANCE NO. 56, AS AMENDED, IN ITS ENTIRETY BY
PROVIDING FOR A NEW COMPREHENSIVE SUBDIVISION ORDINANCE
REGULATIN: THE SUBDIVISION OF LAND WITHIN THE CORPORATE
LIMITS CF THE VILLAGE OF TEQUESTA; PROVIDING FOR
DECLAR.ATICN OF PURPOSE, JURISDICTION Al; DEFINITIONS;
PROVIDING FOR PROCEDURES FOR PLAT APPROVAL; PROVIDING
FOR PLAT REQUIREMENTS; PROVIDING GENERA. 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; PROVIDING
FOR SEVE A ILITY; PROVIDING FOR CODIFICATION; PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEN..=: COUNTY, FLORIDA. AS FOLLOWS:
ARTICLE 1. DECLARATION OF PURPOSE, JURISDICTION AND
DEFINITIONS.
Section 1. Ordinance No. 56, as amended. Appendix B,
Subdivision Regu: a: :ons is hereby repealed.
Section 2. Declaration of Purpose. to procedures
and standards f:: the development and subdivision of real
estate and for Its surveying and platting there=f, adopted and
prescribed by this ordinance and hereby found by t e Village of
Tequesta, Florida to be necessary and appropriate in order to
provide for econcmical and sufficient streets with adequate
widths and with proper alignment and grades desigLed 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.
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( 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 ;rcperty for a public or quasi—public purpose.
( 5) Lot. A tract or parcel of land identified as a single
unit in a subdivision and Intended for transfer of
ownership, use or improvement.
( 6) Manager. Stall mean the Village Manager of the Village
of Tequesta.
( 7 ) Right-of-way. Land reserved, used or to be used for a
street, alley, walkway, drainage facility or other
public purpose.
( 8) Setback line. The distance between the street right-of-
way line and the front wall of the main structure. In
the Zoning Zrdinance this distance is defined as the
Front Yard. ( This should not be confused with setback
lines sometimes established by ordinance for the
purpose of tltimate street widening, measured from the
center line of the right-of-way. )
( 9) Sight distance. The minimum extent of an unobstructed
forward vis. :n ( in a horizontal plane) a:ong a street
from a vehic:e located at any given point on a street.
( 10) Sketch plan. An informal plan indicatin_ :he salient 1
existing fed_-Jres of the site and its su:r:undings as
described =.71 Article II and the genera: : ayout of a
proposed su1,7: _vis ion.
( 11) Street. T e term "Street" means a pu=: :c way for
vehicular -:affic whether designated as a street,
highway, t_: :oughfare, parkway, throu_tway, road,
boulevard, :aLe, place or however designate=.
( 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.
( b) Arteria: 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.
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( 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
excepticmal right-of-way permitting marginal
parkways for landscaping.
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12. 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. :nasmuch as the subdivision plat is
merely a necessary means to the end of assuring a
satisfactory development, the term "subdivider" is
intended :c include the term "developer" even
though the persons involved in successive stages
of the prc:ect may vary.
13. Subdivisions. The division of a parce: of land
into two ( 2) or more lots or parcels either by
plat intc 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
resubdivisicns of land heretofore divided or
platted into lots, sites or parcels. Hove per, the
sale or ez =hange of small parcels of :and to or
between a.: zining property owners where such sale
or change does not create additional ::ts shall
not be cos _ tiered a subdivision of land.
14. Village. he Village of Tequesta, Florida.
15. Village The words "Village Cc::r.cil" or
"Council" shall be construed to mean the Village
Council c` the Village of Tequesta, Florida as now
const ituted.
16. Village Staff. Shall mean the various department
heads and administrative personnel of the Village
of Tequesta.
17. Zoning Ordinance. Where used in these rsgvlat ions
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 reggired 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 filet with the
Building Official by the land owner or his
authorize' 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 cf Tequesta, which may be amended from
time to time by the Village Council.
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( 3) The Subdivider shall submit to the fr_:lding
Department, a; least two ( 2) weeks pricr to a
regular meeting of the Council, the original and
ten ( 10) cc ies of a sketch Plan of the proposed
Subdivision `zr preliminary discussion to examine i
the scope :f development contemplated, its nature
and explain 'pow it will fit into the Development
Pattern of the Village. The Sketch Plan shall
show the fol: ing features:
1. The loaf ion of the land or site to be
subdivided and the approximate area thereof.
2. An indication of such natural features as
unusual topography, low or swampy areas,
rivers, :akes or waterways, mangroves, and
environmentally sensitive land or habitat
areas.
3. An inf_cat ion of the proximity cf such
utilities as water, sewerage, drainage,
electric light and power, and h=w the
subdivisi:.n will be served by each.
4. The sutdivis ion of existing lands, :f any,
surrounfi.g or abutting the propose= site,
notably the street pattern and a=:acent I
subdivisi:n lot layout.
5. The re:ationship of the proposed subdivision I
to existing community facilities whic_ serve
or irf:-ence it such as main traffic
arteries, railways, waterways, shopping or
commercia: centers, schools, parks and
playgro=nds or any other physical features
that wit enable the Council to determine how
the subdivision will fit into the pattern of
the comaity as a whole.
6. Tentative lot and block lines, including
propose: tot areas.
7. Where a small or irregular tract of laid will
be created or may remain due tc the
development of a proposed subdivision, the
Council nay require that a practical plan for
the development of said tract be submitted.
Where a practical layout cannot be made the
Council nay 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.
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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 aperoved by the Village Council.
( 5) Following tt,e 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 nay elect to combine the Preli inary
and Final Plat procedures.
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Section 2. Preliminary Plat Procedure.
( 1) Any person desiring to subdivide land, who has
fulfilled the pre-application procedures set forth
in Section 1 of this Article, shall prepare a
Preliminary Plat_ of the proposed subdivision in
accordance with the specifications and
requirements as set forth in Article III, Section
1 hereof.
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( 2) Provide certification that the proposed
subdivision meets the Level of Service Standards
and Concurrency Requirements of the Village of
w 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 and/or representative shall
schedule a meeting with the Building Official,
providing him with one ( 1) copy of the proposed
Preliminary P:a: for review and the ah:ve
referenced LOS a.f Concurrency certification.
( 4) Upon completion cf the Building Official' s review,
ten ( 10) copies of the Preliminary Plat shalt :e
filed with the Building Department at least :
weeks prior tc :he Council meeting at which it is
to be considered.
( 5) The Village staff shall examine and check :he
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 sine
ti ( 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.
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( b) Storm water/±rainage facilities.
( c) Water supply and fire hydrants.
( d) Sanitary sewers.
( e) Street name signs.
( f ) Control sigrs 5 markings.
( g) Permanent reference monuments.
( h) Electrical service.
( i) Cable Antenna Television ( CATV) service
( j) Telephone se_- rice.
( k) Street l ight:.:l,g, layout.
( 2) Prior to the cc _ruction of any improvements, tee
Subdivider shalt f-.rnish the Village with five ( _ `
copies of all c:-=truct ion plans, information a=_
data necessary :_ determine the character of t=e
site improvement_ _ontemplated for compliance
the minimum ste_l_srds and specifications of t=e
1 Village for sat= Improvements. Street, drainage,
sewerage and o'_`_=_ utility plans shall be preparef
by a professior.e: engineer registered in the Sta:e
of Florida.
( 3) The Village she:: provide the Subdivider and his
engineer copies cf Code of Ordinances Chapter 14,
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 smitted 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 nay constitute only that portion
of the approved preliminary Plat which he proposes
to develop and record at the time, however, that
such portion ccaforms 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 it. writing. The Village Manager
shall submit the final plat for review by the
Village Council vithin fifteen ( 15) days upon
receiving the p:a= from staff.
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( 4) After certification cf the Final Plat by the
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 Village or in lieu thereof,
the deposit of rash equal to 110% of the
construction costs estimated by the Village staff
or the filing of a surety bond conditioned to
secure the constructioh of required improvements.
( 5) The certification of the staff and Manager and the
tentative approval cf the Village Council shall be
each stamped or imprinted on the Final Plat. The
original copy shalt be returned to the subdivider
and one ( 1) copy sha:: be retained by the Village.
Section 5. Procedure lc: lowing tentative approval of
the final plat by the Village Couiil.
( 1) Upon the finding ly the Village Council that the
subdivider has comp: :ed with the applicable State,
County, and Village laws and the provisions of
these regulations, am3 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 : isted in Article V in a
satisfactory ma.-..mer and within a time period
specified by the Village Council, such period
not to exceed one ( 1) year. However, the
Village Counci: 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 im Palm Beach County. No such
bond shall be accepted unless it is
enforceable by or payable to the Village in a
sum at least 1:C% of the cost of constructing
the improvements as estimated by the Village
and in form vith 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.
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( 3) After final approval by the Village Council, the
subdivider shall file a true copy of the plat as
approved, within sixty ( 60) days from the date of
such approval with the Clerk of the Circuit Court
of Palm Beach County.
( 4) When the plat has beep recorded, a reproducible
and five ( 5) copies ;hereof shall be filed with
the Village.
( 5) No building permit shall be issued until the final
plat has been recorde. in the office of the Clerk
of the Circuit Court of Palm Beach County. No
temporary or final Certificate of Occupancy shall
be issued until all physical improvements serving
the property have beer installed in accordance
with Article V.
ARTICLE III. PLAT REQUIREMENTS.
Section 1. Requirements cf :he preliminary plat.
( 1) The Preliminary Plat stall be drawn to a scale of
not more than 100 fee: to the inch, provided,
however, that a scale := 200 feet to the inch may
be used for large ;:eas and shall show the
following:
( a) Proposed subdivis ::n name or identifying
title which shall not duplicate or closely
approximate the raze of any other subdivision
in the county.
( b) Location sketch :elated to the Village
limits.
( c) North point, graphs scale and date.
( d) Name of the over 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 ;i
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 g
or above ground z ilities on or adjacent to '
the proposed subdivision.
( j) All existing streets and alleys on or i!
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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( k) All existing property lines, easements and
rights-of-way and t.e purpose for which the
easements or ri;bts-of-way have been
established.
( 1 ) Location and width :f all proposed streets,
alleys, rights-of-wE-, easements, purpose of
easements, proposed lot lines for each
street.
( m) Setback lines shall b. shown when required by
the Village.
( n) Sites, if any, to be reserved or dedicated '
for parks, playgroup, conservation easement
areas, or other publ := uses.
( o) Sites, if any, for a_:t iple family dwellings,
shopping centers, c.'rches, or other non- i
public uses excl-zs :ve of single family
dwellings.
( p) Locations and size :f proposed water, sewer,
drainage facilities, fire hydrants and other
utilities on the la:._ -o be subdivided and on
land within one hund==_ ( 100) feet thereof.
( q) Site data, in tabv:ir form, including number
of residential let!, typical lot sizes and
areas, and areas in =arks, etc.
( r) Space and forms for :he following signatures
indicating approval .
( 1) Dedication by owre .
( 2) Notary - Attest.
( 3) Surveyor.
( 4) Village Manager
( 5) Mayor.
( 6) Clerk - Attest.
( 7) Building Officia
( 8) Title Company
( 9) Mortgagee Approv::.
( 2) Where the proposed plat covers only a portion of
the subdivider' s entire bolding, 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
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intends to regulate tie 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 zcrng.
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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 cloth tc a scale of not more
than 200 feet to one in=`.. Individual sheets
shall not be larger than :4 inches by 36 inches
overall, as approved by Palm Beach County for
purposes of recording. Whrs=e the Final Plat of a j
proposed subdivision requires more than one sheet,
each sheet shall be keye'_ to a master map with
appropriate marks of ident if :=a t ion.
( 2) The Final Plat shall :n lude the following
information:
( a) Location sketch showing location of
subdivision with respect to section or
government lot lines.
( b) Boundary lines of thr tract with accurate
distances measured tc hundredths of a foot
and angles to half rr:n_tes. The boundaries
shall be determined by accurate survey in the
field, which shall b balanced and closed
with error closures n:: _= exceed one foot to
5, 000 feet. Surveys s=a : 1 be coordinated and
tied into the nea:e_: established section
corner or quarter == :lion by angle and
distance.
( c) The exact names, loc3: :ons and widths along
the property lines =f all existing or
recorded streets intersecting or paralleling
the boundaries of the t=a=t.
( 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
tangent bearings; all easements or rights-of-
way where provided fDr or owned by public
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 in
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.
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' h) Names and locations of adjoining
subdivisions, if any, the adjacent portions
of which shall be shown in outline form.
' : ) Acknowledgment of the owner or owners and all
lien holders to the pla:s and restrictions,
including dedication to public use of all
streets, alleys, parks or other open spaces
shown thereon and the granting of the
required easements. Mor_sage holders shall
execute the following cer if icates on plats:
The mortgagee( s) consents and agrees to the
platting of the lands ezbraced in the plat
and to the dedication shown thereon, and
further, should it be`cme necessary to
foreclose the mortgage revering the said
property that all pie=es and parcels
dedicated to the public will be excluded from
said suit and the dedication remain in full
force and effect .
' f ) Private restrictions and:cr trusteeships and
their period of existem e. Should these
restrictions be of such :ength as to make
their lettering on the p:._ impracticable and
thus necessitate the IL-reparation of a
separate instrument, reference to such
instrument shall be made c_ the plat.
k) The certificate of the Registered Land
Surveyor attesting to the accuracy of the
survey and that the permanent reference
monuments have been esta:: fished according to
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.
( n) Subdivision name or identifying title.
in) North point, graphic scale and date.
(o) Name of record owner and subdivider.
cp) Such other features as ray be required by
Chapter 177, Florida Statutes, and as amended
from time to time.
( 3) E. separate instrument shall be attached to and
evade a part of all plats showing the grade of all
reads, 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.
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( 4) A :etter from a title company certifying the
following shall be presented with the final plat.
( a' Parties executing plats are owners of the ,
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 and
other general retirements.
( 1) Nc building permits shall be issued on lots or
tracts of land until same have been platted in
ac:crdance with these regulations and properly
re=__ded in the Public Records of Palm Beach
Cc-..ty, Florida.
( 2) A:: proposed subdivisions shalt conform to the
Vi: : age Zoning Ordinance and t: any elements of
the Comprehensive Plan that have been adopted by
th_ Village and meet the requirements and
pr:_edures of the site plan review process of the
Vi: :age of Tequesta, and wh_ch meet the
ccnc urrency requirements of the Village of
Te�,.esta. 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
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)
S. South Florida Water Management District
( SFWMD)
6. Florida Department of Transportation ( FDOT)
7. West Palm Beach Urban Area Transportation
Study ( WPBUATS)
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8. Metropolitan Planning Organization of Palm
Beach County ( MPO)
9. Pain Beach County Traffic Engineering
Division
10. !a rtin County Metropolitan Planning
Organization
11. !artin County Traffic Engineerinz Department
12. F:crida Power & Light Company
13. Southern Bell Telephone Company
14. Solid Waste Purveyor
15. pe;uesta 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
: fisted agencies of the de=elopment or
:e2evelopment.
( 2) S: =ned and sealed letters of final
:r`rastructure acceptance fr.a The engineer
__ record for the project.
( 3) _ _ ( 2) complete sets :f as-built
===_struction drawings of completed
:_ =ject.
( 4) Signed and sealed letter of fi=.al inspection
anz acceptance of completed infrastructure by
the Village consulting engineer.
( 6) All rev development and redevelopment. must provide
the cecessary infrastructure to meet the following
level of service standards ( LOS) and be certified
by a licensed engineer registered is the State of
Florida:
1. Traffic: ( 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 73. 1 gallons/ 78.8 gallons/
• capita/day 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
used as the basis of estimating the
availability of capacity and demand generated
by a proposed development project. As a
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general drainage requirement, each proposed
protect and/or site shall maintain 95% of all
story water runoff on site.
4. Potable Water: The following p='able 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
protect:
Average Day Water Consumption Rate
Residential 236 gallons/capita/day
Nor-Eesidential None. Established/LOS
Standard shall be estab-
lished by 199:.
Maxim-um Day Water Consumption
Resif ential 354 gallons /capita/day
Non-=esidential None. Established/LOS
Standard shall be estab-
lished by 1991.
5. Re__= ation: Level of Service Star.:a_ds Table
Cl ass if icat ic-. `pea/Activity Standard ( unit /_._rulat ion)
Neighborhood Parks 2 acres / 1, 200
Community Parks 2 acres / 1.000
Beaches 1 mile/31,250
Golf Courses 9 holes/30.000
Tennis 1 court/2, 500
Basketball 1 court/2.500
Baseball/Softball 1 field/7,200
Football /Soccer 1 field/4,800
Playground Areas 1 acre/3,6:0
Beach Access Easements 1 per 1/2 ni:e 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 cual ity of the class III waters of the
Village of Tequesta.
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( 11) New development and redevelopment shall not be
permitted within the Coastal High Hazard Area of
the Village as defined in the Zoning Code at
Section XV' J) ( 1) and there shall be no expenditure 1
of public funds for infrastructure and/or
facilities within 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) Determinati=n of needed public facility
improvements shall be made during the site plan
and/or subdivision review process and prim: 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 1 ike:v to be
harmful to the health, safety, and general welfare cf future
residents shall not be subdivided unless adequate methods of
correction are form;:aced by the subdivider an!/:r 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 serve! 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.
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( 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 existing
limited access highway or freeway or parkway or
proposed arterial street, the Council may require
marginal access streets, reverse frontage with j
screen planting contained in a non-access
reservation a:ong 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.
( 6) Where a subdivision borders 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 ;:se of the intervening land. Such
distances sa: : also be determined with due regard
for the req,,: '_:ements of approach grades for `::cure
bridges or ;cede separations, as provided in the
appropriate c: struction manual .
( 7) Reserve str _cs controlling access to streets shall
be prohibits_ except where their cont=c: is
definitely r: a:ed in the Village under cor.!i ions
approved by the Council.
( 8) There shall to no private streets, lanes Cr ways,
platted in any subdivision. Every subdivided lot
or property shall be served from a pu:: icly
dedicated street.
( 9) Half or partial streets shall not be peraitted
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.
( 11) Cul-de-sacs, permanently designed as such, shall
not exceed four hundred ( 400) feet in length and
be provided at the closed end ( cul-de-sac) with a
turn around having an outside roadway diameter of
at least eighty ( 80) Meet and a property line
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 justified.
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( 13) Where curvilinear streets are recommended for
residential, minor, and collector streets in orfer
to discourage 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, minirum
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
Major arterial streets 750 fee:
( c> A tangent at least 100 feet long shall :e
provided between reverse curves on collect:_
streets and at least 250 feet long on ma: ::
and secondary arterial streets and sect::n
line roads.
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( 14> Street intersect :cus:
( a) Streets shay : be laid out to intersect as
nearly as ;_ssible at right angles. S:
street sha: 1intersect another at an angle of
less than 60 degrees, except at a 'Y"
intersection cf two minor streets.
( b) Multiple intersections involving junction of
1 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 E00
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 say
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 S0
Secondary arterial or section line road 60
Alleys 20
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{
'1 I
( a) Additional r icht-of-way width may be required
to promote F-blic safety and convenience, mr
to assure a- equate access, circulation and
parking in lim-h density residential areas amd
commercial areas.
( b) Where a su=.-_vision abuts or contains am
existing street of inadequate right-of-way
width, addi: i_nal right-of-way in conforman-e
with the abcr standards may be required.
( 16) A proposed new street which is in alignment with
or a cont inuat ic_ =f an existing street shall ham
the same name as the existing street. In no case
shall new streets have the names or numbers whi=h
duplicate or whith are phonetically similar
existing street =ames, regardless of the prefix
suffix used as 'Avenue", "Boulevard", "Court',
"Crescent", "Drive", "Place", "Street"
"Terrace". All street names shall be subject
approval of the Tillage, which may require names
easily recognizable_
( 17) Subdivision names shall be subject to approval :f
the Village, may require a name that =s
easily recognizable_
Section 4. Alleys.
( 1) Alleys shall to provided to serve mult ip:e
dwellings, business and commercial areas, excel
that the Council xray waive this requirement where
other definite and assured provision is made f:r
service access, cff-street loading and parki=r,
consistent with and adequate for the uses
permissible on the _roperty.
( 2) The width of an a::ey shall be twenty ( 20) feet
more.
( 3) Changes in al ig-IEnt of alleys shall be made on a
centerline radius cf not less than 50 feet.
( 4) Dead-end alleys stall be avoided where possible,
but if unavoi:a.le, shall be provided with
adequate turnarorrd facilities for service trucks
at the dead end. with a maximum external diameter
of one hundred ( 1:0) feet.
Section 5. Easements. y�
( 1) Easements across :ots or centered on rear or site
lot lines shall to provided for public utilities
where necessary and shall be at least ten ( 12)
feet in width.
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( 2) Where a subdivision is traversed by a water
course, drainage way, canal or stream, there shall
be provided a storm water easement or drainasel
right-of-way conforming substantially with tale
lines of such water course, and such further width.
of construction, or both, as will be adequate far '
the purpose. Parallel streets or parkways may Se 1
required in connection therewith where necessary!
for service or aa_ntenance and in accordance with
uniform standards.
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. i
Easements may be rec=:red for drainage purposes of
such size and locate= as may be determined by the
Village.
Section 6. Blocks.
( 1) The length, widths and shapes of blocks shall be
determined with due retard 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
dimensions.
( c) Needs for cc=lenience and safe access, '
circulation, control of pedestrian and
vehicular traffi...
( d) Limitations and opportunities of topographic
features.
( 2) Block lengths shall not exceed 1, 320 feet nor be
less than 500 feet unless deemed advisable because
of unusual conditions Lty the Village.
( 3) Pedestrian crosswalk=, not less than 5 feet in
width may be require! through blocks over 900 feet
in length where necessary in the judgement of the
Village to provide safe and convenient access to
schools, playgrcun3s, shopping center,
transportation or other community facilities.
Section 7. Lot Requiremects.
( 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 rightof—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 1C feet and across which there
shall be no right cf access shall be provided 1
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.
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( 6) In determining minimum lot width, cul-de-sac lots
shall be measured at a point along an arc
beginning at the front setback line and the length
of the arc shall be at least 60% of the required
minimum lot width for the district.
Section 8. Acceptance amd Dedication. The
dedication of public spaces by an indication on the plat shall
not constitute an acceptance of to dedication by the Village
Council .
Section 9. Sites for public use.
( 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 withi_ which a park or recreation
site is shown in a 7=mprehensive Plan of the
Village, provision shall be made for the
reservation of the s ::= in the plat for a period
of one year to enable ::e Village to purchase or
make satisfactory a:ri.cements for acquisition of
said site. If the Vi; _a:e fails to act within one
year, the subdivider ray :eplat the reserved site.
( 2) When a subdivision cove__ an area within which the
Board of Education :squires a school site,
provision should be nave in the subdivision plat
for such school site, :=:perly integrated into the
plans of the subdivision. Standard minimum site
requirements shall be as follows:
Elementary School 10 acres
Junior or Senior High S;h_ol 25 acres
Combined Elementary and High School 40 acres
When a school site has been designated in a plat
the site shall be reservad 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 subdiri er for the acquisition of
the site within the one year period, the subdivider may
replat the reserved school site.
ARTICLE V. IMPROVEMENTS PRE-REQOISITE 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 S, 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 p_ac.ed at the intersection of
center line of all streets, angle points, points
of curves in streets amd 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 Vil:age, and the Village may,
if deemed advisable, wzi-e installation in certain
instances.
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' 21 Permanent reference monuments shall be as required
by the State Plat Law.
Section 2. Grading. All streets, cross walks and i
alleys stall be graded to their full width by the subdivider in
accordance with the Village specifications. Due to special 1
topograp. cal conditions deviation to the above will be allowed
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,
retenticn detention ponds, weirs, cc.:rol structures, etc.
shall be provided based on engineering calculations and design
standards to ensure that all drainage improvements and
infrastr-..c.ture are in conformance with all current State,
County, District and Village requirements. Properly dedicated
easements shall be provided for drainage improvements and
infrastr-cc'_ure. 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 b_ paved by the subdivider in `-:= 1 accordance with the
specifications for paving officially ad=_ted by the Village of
Tequesta. Such construction shall be s-.= ;ect to the inspection
of the Tillage and be subjected t: issuance of permits.
Minimum widths of all paving shall :.e not less than the
followir.;:
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 mot 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 shalt 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 Vil=age. 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 cr other public facilities are to be located. The fill
for the balance of the subdivision Kay 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 meter supply system shall be pcevided 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.
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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 stall be installed to each platted lot and stubbed off
at the property line for future connection.
The sanitary sewer system shall a:so be subject to the
approval cf 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 shall be installed at the
intersecticm of all streets carrying the street names approved
on the scbdivision plat. The type of siy.s and their location
shall meet with the approval and inspection of the Village.
Section 10. Control Signs a nr Markings. Control
signs and markings shall be in conformance with all current
State, County, District and Village requirements.
Se='_ ion 11. Street Lighting Lay=.t. Street lighting
shall be provided in accordance with t`-e requirements of the ,
Village an_ Florida Power S Light.
Se: ion 12. Underground Utility Service. The sub-
divider s.3 : 1 provide for all utilities, existing and proposed,
to be be _laced underground which shall serve any individual
lot, public right-of-way or common gr=:ads. This provision
shall apply to, but not be limited to, water lines, sanitary
sewer lines, storm drainage lines, gas limes, electrical lines,
CATV service lines and telephone service likes.
Section 13. Engineering Expenses. The subdivider
shall reimburse the Village for engineering expenses incurred
by the Vi:Iage, directly related to the s_bdivision. 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 proporticned according to the
benefits derived. The amounts or porti:rs of the costs to be
borne by each area will be in accordance with a formula
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.
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Secticn 2. Conditions. In grantin= variances and
modifications, the Council may require such c:editions as will,
in its judgment, secure substantially the objectives of the
standards or re_uirements so varied or modified.
Secti :-_ 3. Penalties. Violation :f the provisions
of this Ordinance or failure to comply with any of its
requirements ( including violation of condit ::=.s 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 cc-viction of such
misdemeanor shall be fined not more than five—hundred dollars
( 6500. 00) or imprisoned for not more than six ( 6) months or
both, and iL addition, shall pay all c:=_s and expenses
involved in the case. Each day such violati:= continues shall
be considered a separate offense.
•
Secticn 4. Severabi l 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 to given effect
without the invalid provisions or applica- : :ns, and to this
end, the precisions of this Ordinance are hereby declared
severable.
Sect i:: 5. Codification. This C__:Trance shall be
codified and rade a part of the official Cc:_ :f Ordinances of
the Village of =equesta.
Section 5 . Effective Date. This :rdinance shall
take effect _=ediately 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 Bator thereupon declared the Ordinance duly passed
and adopted this day of 1990.
MAYOR OF TEQOESMA
• Joseph N. Capretta
ATTEST:
Village Clerk
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