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HomeMy WebLinkAboutDocumentation_Regular_Tab 8B_4/26/1990 '3:ECE. Aa ,c ,� 1sr VILLAGE OF TEQUESTA ..:4, illPost Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (407) 575-6200 '' - FAX: (407) 575-6203 M EMO RAND UM TO: Village Council -- FROM: Thomas G. Bradford, Village Manager C DATE: April 19, 1990 SUBJECT: Agenda Item VIII, A, B, C, D; Ordinances Constituting Land Development Regulations Per the Comprehensive Planning Process As you know, the adopted Comprehensive Plan of the Village provides for many goals, objectives and policies within each Element of the Comprehensive Development Plan. Creation of Land Development Regulations is the next step in the Comprehensive Planning Process and is a vehicle for implementing various policy statements of the Comprehensive Plan. As an example, the Coastal Zone Management Element of the Plan has a policy 2. 1 . 2 which states that "within one year of submitting this Plan, change appropriate development codes, as necessary, to assure adequate controls over hazardous wastes. " Therefore, for this and other reasons, we have created for your consideration Ordinance No. 400 which creates the Village Toxic and Hazardous Substances and Materials Ordinance. The Land Development Regulation process will entail presentation to you of approximately twelve ( 12 ) Ordinances over the course of the next three ( 3 ) or four (4 ) Village Council Meetings. The State of Florida has allocated $12, 307 to the Village to prepare these Land Development Regulations. The Village Council previously approved this funding program on October 26, 1989. The Ordinances before you are fairly straightforward however, some are quite complicated. We have had numerous staff meetings to prepare these Ordinances and are comfortable with the content. We can answer any questions that you have relative to the specifics. We recommend that you approve these Ordinances on first reading. TGB/mk Attachments • :15.437.6 ORDINANCE NO. 398 Off r AN ORDINbNrE OF THE VILLAGE COUNCIL OF THE VILLAGE OF ISM TEQUESTA. PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE SO. 56, AS AMENDED, IN ITS ENTIRETY BY PROVIDING FOR A NEW COMPREHENSIVE SUBDIVISION ORDINANCE REGULATING THE SUBDIVISION OF LAND WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF TEQUESTA; PROVIDING FOR DECLARATION OF PURPOSE, JURISDICTION A DEFINITIONS; PROVIDING FOR PROCEDURES FOR PLAT APPROVAL; PROVIDING FOR PLAT REQUIREMENTS; PROVIDING GENERAL REQUIREMENTS AND DESIGN STANDARDS; PROVIDING FOR IMFROVEMENTS PRE- REQUISITE TO FINAL APPROVAL; PROVIDING FOR MODIFICAT:CSS AND VARIANCES IN EVENT OF HARDSHIP; PROVIDING PENALTIES FOR VIOLATIONS HEREOF; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT OR:A;NED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEA7H 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 f== the development and subdivision of real estate and for the surveying and platting thereof, adopted and prescribed by this ordinance and hereby found by the Village of Tequesta. Florida to be necessary and appropriate in order to provide for economical and sufficient streets with adequate widths and 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 Cfficial. 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 unit in a subdivision and Antended for transfer of ownership, use or improvement. ( 6) Manager. Shall 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 ultimate 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) along a street from a vehicle located at any given point on a street. ( 10) Sketch plan. An informal plan indicatin; :he salient existing fea—Jres of the site and its su:rzundings as described in Article II and the genera: layout of a proposed su=,.f ..vision. ( 11) Street. Me term "Street" means a pL:: =c way for vehicular :=affic whether designated as a street, highway, t== _oughfare, parkway, throughway, road, boulevard, lane, place or however designatef. ( a) Alley. A minor roadway which is used primarily for ve`-:cular service access to the back or side of properties otherwise abutting on a street. ( b) 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 bcdary 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 marginal parkways for landscaping. 2 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 layoff 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 1 satisfactory development, the term "subdivider" is intended .: include the term "developer" even though the persons involved in successive stages of the project 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 resubdivis'_cns of land heretofore divided or platted :n:c lots, sites or parcels. However, the sale or ex=hange of small parcels of :and to or between ai== ining property owners where such sale or change does not create additional shall not be cc— :tiered a subdivision of land. 14. Village. to Village of Tequesta, Florida. 15. Village _acil . The words "Village C:-.:ncil" or "Council" shall be construed to mean the Village Council :f the Village of Tequesta, Florida as now constituted. 16. Village Staff. Shall mean the various department heads an: 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 ^equesta 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 filet 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 rf Tequesta, which may be amended from time to time by the Village Council. 3 ( 3) The Subdivider shall submit to the E i1ding Department, a: least two ( 2) weeks prier to a regular meeting of the Council, the original and ten ( 10) copies of a sketch Plan of the proposed 1 Subdivision for preliminary discussion to examine the scope :f development contemplated, its nature and explain how it will fit into the Development Pattern of he Village. The Sketch Plan shall show the following features: 1 1. The for-a: 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 indication of the proximity cf such utilities as water, sewerage, drainage, electric light and power, and h.7. the subdivis ::n will be served by each. 4. The sued vision of existing lands, .f any, surroun:. g or abutting the proposed site, notably the street pattern and ad:acent subdivis :_n lot layout. 5. The re:a- ionship of the proposed subdivision J to existing community facilities whit_ serve or ire:-cence it such as main traffic arteries, railways, waterways, shopping or commerc:a: centers, schools, parks and playgro=-,.ds or any other physical features that w:: : enable the Council to determine how the su:d:vision will fit into the pat:ern of the comn::r ity as a whole. 6. Tentatire lot and block lines, inriuding proposed rot areas. 7. Where a small or irregular tract of laid will be created or may remain due :c the development of a proposed subdivision, the Council may require that a practical p:an for the dere:opment of said tract be submitted. Where a practical layout cannot be trade 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 subd:vision unless and until a p:an has been ap_roved by the Village Council. ( 5) Following the approval /approval with changes of the Sketch F.an the subdivider may proceed to prepare a Preliminary Plat in accordance with the instructions hereinafter contained. The Subdivider na-v elect to combine the Preli.minary and Final Plat procedures. 4 Section 2. Preliminary Plat Procedure.IIA II ,, ( 1) Any person desiring to subdivide land, who :as s; 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. Y• '' ( 2) Provide certification that the proposed h subdivision meets the Level of Service Standards and Concurrency Requirements of the Village of tTequesta. Certification is to be provided by a professional engineer, registered in the State of ji 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 propcsed Preliminary P:a: for review and the atcve referenced LOS an:: Concurrency certification. ( 4) Upon completion cf the Building Official ' s review, ten ( 10) copies of the Preliminary Plat sha1_ : ts filed with the Building Department at least : c weeks prior tc :he Council meeting at which is :s to be considered. ( 5) The Village s_ac `_f shall examine and check :te r Preliminary Pia: for general engineering and :he i requirements of Section 3. The Village staff ►; shall check the Preliminary Plat for street numbering and naming and conformance with the ,jj�,, Development Pattern of the Village. The Village 'P staff shall forward to the Village Manager tine ( 9) copies of said Plat with their approval or recommended changes. i ( 6) The Council shall review the recommendations of • the Village staff. In its consideration of the Preliminary Plat the Council may call upot an Engineer, representatives of the various I utility companies, planning consultants, and I:s other interested agencies for information as to ${ how the site of the proposed subdivision can be I, 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 t shall be altered by the subdivider to conform to i said modifications. i Section 3. Procedure following approval of the j Preliminary Plat. I'll. ( 1) Upon receipt of an approval letter from the Building Department acknowledging Preliminary Plat approval by the Village Council, the Subdivider f; may proceed with the preparation of construction plans and specifications for the following minimum it improvements and with the preparation of the final t, plat: ( a) Street grading and paving, curb and gutter, ti sidewalks/pathways, and crosswalks. it fq A5 ;f j ( b) Storm waterit ainage facilities. ( c) Water supply and fire hydrants. ( d) Sanitary sewers. ( e) Street name =:ins. ( f ) Control signs 5 markings. ( g) Permanent reference monuments. ( h) Electrical service. ( i) Cable Antenra ="elevision ( CATV) service ( j) Telephone service. ( k) Street light:ram, layout. ( 2) Prior to the cc____uction of any improvements, t`_e s Subdivider shall =-.:Irnish the Village with five ( 1.- copies of all c:-=truct ion plans, information and data necessary t: determine the character of t_e site improvements _ontemplated for compliance with the minimum ststf_rds and specifications of tte Village for sal: improvements. Street, drainage, sewerage and ot =r utility plans shall be prepar=f by a professions: engineer registered in the State of Florida. ( 3) The Village shall provide the Subdivider and his engineer copies cf Code of Ordinances Chapter 14, Land Development Regulations, General Standards, which includes A.p endix "A", "Final Acceptance Checklist", so =`at 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 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 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. 6 < 4) After certification zf the Final Plat by the Village staff and Manager, the Village Council may give tentative approval of the Final Plat. Final approval shall be v.:hheld 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 constructir. of required improvements. ( 5) The certification of the staff and Manager and the tentative approval c` the Village Council shall be each stamped or im;rinted on the Final Plat. The original copy shall 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 Council. ( 1) Upon the finding ly the Village Council that the subdivider has comp= led 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 : fisted 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 s-.:rety 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 cr payable to the Village in a sum at least 1:0% 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 approval tv 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 ;.1erk of the Circuit Court of Palm Beach County. ( 4) When the plat has bee- 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 recorder 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 bee= installed in accordance with Article V. ARTICLE III. PLAT REQOIR . Section 1. Requirements cf :he preliminary plat. ( 1) The Preliminary Plat 511.all 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 ereas and shall show the following: ( a) Proposed subdivi :=n name or identifying title which shall not duplicate or closely approximate the rare: of any other subdivision in the county. ( b) Location sketch related to the Village limits. < c) North point, graphic scale and date. OD Name of the owner of property or his authorized agent, a:so 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 bzildings on the proposed • subdivision and all existing sewers, water mains, culverts, fire hydrants, underground or above ground z ilities on or adjacent to the proposed subdivision. ( j ) All existingstreets and alleys on or y adjacent to the tract including name, right- of-way width and pavement width. Existing streets shall be dimensioned to tract boundaries. 8 ( k) All existing proper y lines, easements and rights-of-way and the purpose for which the easements or rights-of-way have been established. ( 1 ) Location and width :f all proposed streets, alleys, rights-of-waT, easements, purpose of easements, proposed lot lines for each street. ( m) Setback lines shall be shown when required by the Village. 1 ( n) Sites, if any, to be reserved or dedicated ' for parks, playgrounds. conservation easement areas, or other publ := uses. ( o) Sites, if any, for it tiple family dwellings, shopping centers, ch=ches, or other non- public uses excl :ve of single family dwellings. ( p) Locations and size :f proposed water, sewer, drainage facilities, fire hydrants and other utilities on the land :o be subdivided and on land within one hundred ( 100) feet thereof. ( q) Site data, in tabi:a: form, including number of residential lc:_, typical lot sizes and areas, and areas in ;arks, etc. ( r) Space and forms for _:e following signatures indicating approval . ( 1) Dedication by owner. ( 2) Notary - Attest. ( 3) Surveyor. ( 4) Village Manager ( 5) Mayor. ( 6) Clerk - Attest. ( 7) Building 0fficia: ( 8) Title Company ( 9) Mortgagee Approve:. ( 2) Where the proposed plat. covers only a portion of the subdivider' s entire holding, sketch shall be submitted showing the r_ospective street layout and proposed use for the re.ainder. ( 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 tbe land use other than through the zoning ordinance, shall be attached to the preliminary plat. Conformance of such deed restrictions shall not he the responsibility of the Village. ( 5) If the proposed land to le 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 zcn=ng. 9 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 inch_ Individual sheets shall not be larger than :4 inches by 36 inches overall, as approved by Palm Beach County for purposes of recording. Where the Final Plat of a proposed subdivision requires more than one sheet, each sheet shall be keye_ to a master map with appropriate marks of identifoation. ( 2 The Final Plat shall include the following informat ion: ( a) Location sketch shoving location of subdivision with respect to section or government lot lines. ( b) Boundary lines of the 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 be balanced and closed with error closures r.: exceed one foot to 5, 000 feet. Surveys shall be coordinated and tied into the nearer: established section corner or quarter =e tion by angle and distance. ( c) The exact names, localions 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 tangent bearings; all easements or rights-of- way where provided for 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 cf 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 and locations of adjoining subdivisions, if any, the adjacent portions of which shall be shown in outline form. i ) Acknowledgment of the owner or owners and all lien holders to the plats and restrictions, including dedication to r-ublic use of all streets, alleys, parks or other open spaces shown thereon and the granting of the required easements. Mortzage holders shall execute the following certificates on plats: The mortgagee( s) consents and agrees to the platting of the lands eraced in the plat and to the dedication shown thereon, and further, should it bec. me necessary to foreclose the mortgage oovering 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'c_ trusteeships and their period of exister_e. Should these restrictions be of such length as to make their lettering on the plat impracticable and thus necessitate the =reparation of a separate instrument, reference to such instrument shall be made cr 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 established according to law. ' 1 ) Space and forms for the following necessary signatures indicating approc-al: ( 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. cn) North point, graphic scale and date. Co) Name of record owner and subdivider. Cp) Such other features as may be required by Chapter 177, Florida Statutes, and as amended from time to time. ( 3) g. separate instrument shall he attached to and grade 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, i-y contour lines at two foot intervals. 11 ( 4) A setter 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 y. Conformity to a comprehensive plan and other general requirements. ( 1) Nc building permits shall be issued on lots or tra_ts of land until same have been platted in acc_rdance with these regulations and properly rec=:ded in the Public Records cf Palm Beach 1 Cc-_nty, Florida. ( 2) A: _ proposed subdivisions shall conform to the Village Zoning Ordinance and t: any elements of the Comprehensive Plan that have been adopted by the Village and meet the re =uirements and pr;:educes of the site plan review process of the V:: : age of Tequesta, and which meet the ccnc•,:rrency 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 ap'iicant 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 pudic 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 8. Metropolitan Planning Organization of Palm Beach County ( MPO) 9. Palm Beach County Traffic Engineering Division 10. Martin County Metropolitan Planning Organization 11. Martin County Traffic Engineerin: Department 12. F crida Power & Light Company 13. Southern Bell Telephone Company 14. SC: id Waste Purveyor 15. 7eguesta Water Department 16. Other Municipal , County, State rid/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 : isted agencies of the development or redevelopment. ( 2 ) _ : _tned and sealed letters of final =-f rastructure acceptance free :he engineer _f record for the project . ( 3) _ : ( 2) complete sets =: as-built :=:.struction drawings of :=e completed :ject. ( 4) S :.ned and sealed letter of f:=.a: inspection any acceptance of completed infrastructure by the Village consulting engineer. ( 6 ) All reu development and redevelopment must provide the necessary infrastructure to meet the following level of service standards ( LOS) an: be certified by a licensed engineer registered in 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 proect. As a 13 ' I general drainage requirement, each proposed protect and/or site shall maintain 95% of all storm water runoff on site. 4. Potat:e Water: The following p:table 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 prefect: Average Day Water Consumption Rate Residential 236 gallons/capita/day Not Eesidential None. Established/LOS Standard shah be estab- lished by 199:. Max mum Day Water Consumption Resit ential 354 gallons /capita/day Nor-=esidential None. Established/LOS Standard shall be estab- lished by 199 :. 5. Re==ration: Level of Service Sta:ia_ds Table Classificatic:_ =_-ea/Activity Standard ( ,.:niticc_ulation) Neighborhood sacks 2 acres/ 1, 200 Community Parks 2 acres / 1.000 Beaches 1 mile/31,250 Golf Courses 9 holes/30,000 Tennis 1 court/2,50C Basketball 1 court/2,500 Baseball /Softball 1 field/7,200 Football /Soccer 1 field/4,600 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 '_'ransportat ion 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 conformar--e with the Palm Beach County and Village of Tequesta Right-of-Way Protection Plan. ( 9) All proposed new development and major redevelcpment 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 redevelcpment as part of the site plan review and subdivision review process shall submit a drainage/environmental statement describing how the prcposed development will affect the estuarine water cal ity of the class III waters of the Village of Tequesta. 14 ( 11) New develcprent and redevelopment shall not be permitted within the Coastal High Hazard Area of the Village as defined in the Zoning Code at Section XV" ,.) ( 1) and there shall be no expenditure 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) Determination of needed public facility improvements shall be made during the site plan and/or subdivision review process and prier to the issuance a development order and building permit. Section 2. Land unsuitable for subdivisions. Land which the Village has found to be unsuitable for subdivision due to flooding, bad drainage, or other features likely_ to be harmful to the health, safety, and general welfare cf future residents shall not be subdivided unless adequate methods of correction are form rated by the subdivider and/or the Village. Protective nessures required must be referred to on the plat, including such features as drainage ponds, ditches, etc. Section 3. Streets. ( 1) The arrange rent, 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 existing limited access highway or freeway or parkway or proposed arterial street, the Council may require marginal access streets, reverse frontage with screen planting contained in a non-access reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. ( 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 cf such right-of-way, at a distance suitable fcr the appropriate =e of the intervening land. Such distances shall also be determined with due regard for the req'::=ements of approach grades for f-.:ture bridges or grade separations, as provided in the appropriate c=nstruction manual . ( 7) Reserve str :_s controlling access to streets shall be prohibiter except where their cont:: is definitely flared in the Village under cor.f:_ ions approved by t_e Council . ( 8) There shall be no private streets, lanes cr ways, platted in any subdivision. Every subdivided lot or property shall be served from a p tl icly dedicated street. ( 9) Half or partial streets shall not be percitted except where essential to reasonable subdivision of a tract in conformance with these regulations and where, in addition, satisfactory assurance for dedication cf the remaining part of the street is provided. Wherever a tract to be subdivided borders on am 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 he 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) feet 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. 1 16 • i ( 13) Where curvilinear streets are recommended for residential, minor, and collector streets in or:er to discourage excessive vehicle speeds and to provide attractive vistas, they shall meet :re 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, minima center line radii for horizontal curve shall be as follows: ii Minor streets 150 feet Collector streets 300 feet Secondary arterial streets and section line roads 500 feet_ Major arterial streets 750 feet ' ( c) A tangent at least 100 feet long shall �e provided between reverse curves on colle::zr streets and at least 250 feet long on ma_ _: and secondary arterial streets and sec:::= line roads. ( 14) Street intersect _:_s: ( a) Streets shalt + be laid out to intersect s a_ nearly as ssible at right angles. 5: street sha: : intersect another at an angle cf less than 60 degrees, except at a intersection cf 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 ECO 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 nay 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) ^t I Primary arterial street 80 Secondary arterial or section line road 60 Alleys 20 17 {� I i ( a) Additional _i-ht-of-way width may be require to promote F-_blis safety and convenience, : to assure adequate access, circulation amd parking in limb density residential areas am commercial areas. ( b) Where a sums=vision abuts or contains am existing street of inadequate right-of-way width, addi_ :_nal right-of-way in conformance with the abcT standards may be required. ( 16) A proposed new street which is in alignment with or a continuaticr :f an existing street shall ham ' the same name as .he existing street. In no case , shall new streets have the names or numbers which duplicate or which are phonetically similar _o existing street manes, regardless of the prefix :_ suffix used as 'A.venue", "Boulevard", "Court-, "Crescent", "D :z-e", "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, wh:=L may require a name that easily recognizat:e_ Section 4. Alleys. ( 1) Alleys shall :e provided to serve multiF:e dwellings, business and commercial areas, exce:_ that the Counci: fray waive this requirement where other definite a:it assured provision is made f:= service access, :ff-street loading and parki.; 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 aligrxe nt of alleys shall be made on a centerline radius c= not less than 50 feet. ( 4) Dead-end alleys shall be avoided where possible, ' but if unavoi.atle, shall be provided with ' adequate turnaro=r,s facilities for service trucks at the dead end, with a maximum external diameter of one hundred ( 1:0 1 feet. Sect ion 5. Easements. ( 1) Easements across :ots or centered on rear or site1 lot lines shall be provided for public utilities ! where necessary and shall be at least ten ( 1M) feet in width. ( 2) Where a subdivision is traversed by a water course, drainage way, canal or stream, there sha:lj be provided a storm water easement or drainage right-of-way co.fforming substantially with t .e lines of such wa;e= course, and such further width'. of construction, or both, as will be adequate fir ' the purpose. Parallel streets or parkways may bel required in cone tion therewith where necessary ' for service or maintenance and in accordance wi_h uniform standards. 18 ( 3) Easements may be rec-=.red for drainage purposes of such size and locat:_= as may be determined by the Village. Section 6. Blocks. ( 1) The length, widths and shapes of blocks shall be determined with due regard to: ( a) Provision of adequate building sites, suitable to the special needs of the types of use contemplated. ( b) Zoning requirements as to lot sizes and dimensions. ( c) Needs for cr_Tenience and safe access, circulation, czmtrol of pedestrian and vehicular traff_=. ( 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 Zy the Village. ( 3) Pedestrian crosswalks, not less than 5 feet in width may be required through blocks over 900 feet in length where necessary in the judgement of the Village to provide safe and convenient access to schools, playgrc__3s, shopping center, transportation or other community facilities. Section 7. Lot Requireme ts. ( 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 apprcpriate 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 1 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 ar 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. 1c ( 6) In determining minimum pot 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 :mdication on the plat shall not ccnstitute an acceptance of t_,e dedication by the Village Council . Section 9. Sites for public use. ( 1) All sites designated ih subdivision plats for public parks and recreation areas shall be dedicated in the plat and also deeded to the Village for this pur:cse. When a subdivision covers an area withi= which a park or recreation site is shown in a mprehens ive 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 :he Village to purchase or make satisfactory arr_:=ements for acquisition of said site. If the Vil:a=e fails to act within one year, the subdivider may :eplat the reserved site. ( 2) When a subdivision covers an area within which the Board of Education requires a school site, provision should be -ade in the subdivision plat for such school site, :_:perly integrated into the plans of the subdivision. Standard minimum site requirements shall be as f :llows: 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 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 regtired 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 i^spection 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 ard 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, wai e installation in certain instances. 20 Permanent reference monuments shall be as required by the State Plat Law. Section 2. Grading. All streets, cross walks and alleys stall be graded to their full width by the subdivider in accordance with the Village specifications. Due to special topograp=:cal conditions deviation to tee above will be allowed only witt special approval of the Village. Section 3. Storm Drainage (Storm Water Management Facilities . Storm water management facilities including curbs, cutters, piping, culverts, ditches, swales, retenticm detention ponds, weirs, ccmt of structures, etc. shall be provided based on engineering calculations and design standards to ensure that all drainage improvements and infrastructure are in conformance wits all current State, County, District and Village requirements. Properly dedicated easements shall be provided for drainage improvements and infrastructure. Such drainage improvements and infrastructure shall be subject to the issuance of permits and the performance of inspe_: ions by the Village. Fection 4. Paving. All streets of the subdivision shall to caved by the subdivider in fell accordance with the specifics- ions for paving officially a:__ted by the Village of Teguesta- Such construction shall be s _= :ect to the inspection of the 7i : lage and be subjected t: issuance of permits. Minimum widths of all paving shall :e not less than the followir__: a ' Primary Streets - 24 f=et. Secondary Streets - 20 f=e:. 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 fee:. Section 5. Sidewalks/Pathways and Crosswalks. Side- walks/pathways and crosswalks shalt be required in all residentia:, multiple family and commercial areas and along all arterial highways. Sidewalks/pathways shall be five ( 5) feet in width c_ greater. Section 6. Fill . Fill shall he placed in the entire subdivision to the elevations, after settlement, prescribed by the Vil :a;e. The type of fill shalt be satisfactory to and meet the approval of the Village, which shall require poil 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 tc be connected with the Village 'rater supply system shall be provided as to adequately serve a:: 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 Sert :on 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 1 approval c= the regional sewer district and/or the Palm Beach County Heath Department. The use of individual septic tanks, wherever a sewer system may be connected to the Village sewerage sys:em, shall not be permitted. Sent ion 9. Street Name Signs. Street name signs conforming to Village specifications sha:: be installed at the intersecticn of all streets carrying the street names approved on the s:bdivision plat. The type of signs and their location shall meet with the approval and inspection of the Village. Section 10. Control Signs an! Markings. Control signs and markings shall be in conformance with all current State, County, District and Village requirements. Se_'_ :on 11. Street Lighting Layct. Street lighting shall be provided in accordance with the requirements of the Village ar._ Florida Power & Light. Se_: :on 12. Underground Utility Service. The sub- divider sta : 1 provide for all utilities, existing and proposed, to be be laced underground which sha:: serve any individual lot, publ :z right-of-way or common grc_nds. This provision shall app:y to, but not be limited to, water lines, sanitary sewer lines, storm drainage lines, gas limes, electrical lines, CATV service lines and telephone service limes. Section 13. Engineering Expenses. The subdivider shall reinbJrse the Village for engineering expenses incurred by the Vi:Iage, directly related to the s..hdivision. 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 proport icned according to the benefits derived. The amounts or porticns 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 Kith 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 strveyed and recorded in accordance with these regulations. APYECLE VI. VARIANCES, SERERABILITT, 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 iss:,ed by the Village Council . 22 Secticn 2. Conditions. In grant :n_ variances and modifications, the Council may require such crmditions as will, in its judgment, secure substantially the _bjectives of the standards or regvirements so varied or modifief. Secti:n 3. Penalties. Violation the provisions of this Ordnance or failure to comply with any of its requirements ( including violation of conditions and safeguards established in connection with grants of variances or special exceptions) , after notice by a Village official , shall constitute a risdemeanor. 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 in addition, shall pay all C:B-715 and expenses involved in the case. Each day such violatic= continues shall be considered a separate offense. Secticn 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 cf this Ordinance which can Se given effect without the invalid provisions or applica- : _ns, and to this end, the provisions of this Ordinance are hereby declared severable. Secti:n 5. Codification. This C:f _rance shall be codified and rade a part of the official Cc:_ :f Ordinances cf the Village of =equesta. Secti:n 5 . Effective Date. This :rdinance 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 A_DC PTION AGAIN FT ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of 1990. MAYOR OF TEQQES'_A • Joseph N. Capretta ATTEST: Village Clerk 23