HomeMy WebLinkAboutDocumentation_Planning and Zoning_Tab 03_4/16/2026 Agenda Item #3.
Planning and Zoning Board
STAFF MEMO
Meeting: Planning and Zoning Board - Apr 16 2026
Staff Contact: Jay Hubsch Department: Community Development
MW
ORDINANCE NO. 06-26: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 66. SUBDIVISIONS; PROVIDING MULTIPLE
RECOMMENDED BUILDING AND BUILDING REGULATION CODE UPDATES; CREATING
SECTION 66-31 DESIGNATING THE COMMUNITY DEVELOPMENT DEPARTMENT AS THE
ADMINISTRATIVE ENTITY RESPONSIBLE FOR REVIEWING PLAT SUBMITTALS; AMENDING
SECTION 66-321 PREAPPLICATION PROCEDURE TO REMOVE OBSOLETE LANGUAGE;
CREATING SECTION 66-32 ADMINISTRATIVE REVIEW PROCEDURE FOR PLATS AND
REPLATS; AMENDING SECTION 66-51. APPROVAL PROCEDURE TO REMOVE OBSOLETE
PROCEDURE; AMDENDING SECTION 66-52. PROCEDURE FOLLOWING APPROVAL. TO
REMOVE OBSOLETE LANGUGE; AMENDING SECTION 66-71 TO CLARIFY THAT THE
COMMUNITY DEVELOPMENT DIRECTOR SHALL APPROVE ADMINISTRATIVE PLATS;
AMENDING SECTION 66-72 TO CLARIFY THAT THE COMMUNITY DEVLEOPMENT DIRECTOR
SHALL APPROVE ADMINSITRATIVE PLATS; AMENDING SECTION 66-01 TO REMOVE THE
REQUIREMENT OF MAYORAL SIGNATURE FOR ADMINISTATIVE PLATS; AMENDING SECTION
66-102. FINAL PLAT TO REMOVE THE REQUIREMNT OF MAYORAL SIGNATURE FOR
ADMINSITRATIVE PLATS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 66. SUBDIVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT
AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE,
AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
SUMMARY:
Ordinance No. 06-26 includes a series of amendments to Chapter 66 (Subdivisions) of the Village
Code. This ordinance is part of a broader, comprehensive code update that will amend several
chapters of the Village Code. Each chapter amendment will be adopted through a separate
ordinance. In total, approximately eight (8) ordinances will be considered as part of this effort.
Due to the volume of revisions and the number of code sections being amended, Village staff
proposes to adopt the code updates in three (3) phases to improve clarity, efficiency, and ease of
review for the Planning and Zoning Board and Village Council. Three ordinances were previously
reviewed by the Planning and Zoning Board at the February 19, 2026, meeting. Two additional
ordinances will be forthcoming at the next meeting.
Summary of Chapter 66 amendments included in Ordinance 06-26:
Chapter 66 of the Village Code (the subdivision regulations) is essentially the set of rules that governs
how land is divided and developed such as creating new neighborhoods, lots, streets, and
infrastructure. Its purpose is to make sure development is done in an organized, safe, and consistent
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Agenda Item #3.
way that aligns with the Village's standards for roads, utilities, drainage, and overall community
layout.
New subdivisions typically go through the Village's site plan review process first. After that, they
proceed to the platting process, which is the legal step that formally creates individual lots and
dedicates roads and easements. In most cases, platting is a technical review where Village staff and
a surveyor confirm that the final layout is consistent with the approved site plan. After staff review,
plats have historically been required to go to the Village Council for a final approval prior to being
recorded with Palm Beach County.
This ordinance updates Chapter 66 to align with recent state law (SB 784) 2025) by shifting the
review and approval of plats and replats from a legislative process to an administrative one. The
Community Development Department is designated as the administrative authority, with the Director
authorized to approve, approve with conditions, or deny applications without requiring Village Council
action. The ordinance also establishes clear procedures and timelines for review, including
completeness checks, decision deadlines, and written justifications for denials.
In addition, the ordinance removes outdated and redundant provisions throughout the chapter,
including references to Village Council approvals, mayoral signatures, and older procedural steps.
Overall, the changes ensure compliance with current state requirements while maintaining existing
technical standards for plat submissions.
Planning and Zoning Board Recommendation
Based on the analysis provided, staff finds that Ordinance No. 06-26 is consistent with the Village's
adopted goals and policies and will improve clarity, consistency, and enforceability within the Village
Code. The proposed amendments address internal code inconsistencies, establish policy priorities
previously directed by the Village Council, and provide additional regulatory tools to protect
neighborhood character and public welfare.
Therefore, staff recommends that the Planning and Zoning Board, sitting as the Local Planning
Agency recommend approval of Ordinance 06-26 to the Village Council.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
BUDGET • - •
BUDGET AMOUNT n/a AMOUNT AVAILABLE n/a EXPENDITURE AMOUNT: n/a
FUNDING SOURCES: n/a IS THIS A PIGGYBACK:
❑ Yes ❑ N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes ❑ N/A
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Agenda Item #3.
COMMENTS/EXPLANATION ON SELECTIONn/a
Ordinance 06-26
BUSINESS IMPACT ESTIMATE-Ordinance 06-26
SB784
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Agenda Item #3.
ORDINANCE NO. 06-26
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 66. SUBDIVISIONS;
PROVIDING MULTIPLE RECOMMENDED BUILDING AND BUILDING
REGULATION CODE UPDATES; CREATING SECTION 66-31
DESIGNATING THE COMMUNITY DEVELOPMENT DEPARTMENT
AS THE ADMINISTRATIVE ENTITY RESPONSIBLE FOR REVIEWING
PLAT SUBMITTALS; AMENDING SECTION 66-321 PREAPPLICATION
PROCEDURE TO REMOVE OBSOLETE LANGUAGE; CREATING
SECTION 66-32 ADMINISTRATIVE REVIEW PROCEDURE FOR
PLATS AND REPLATS; AMENDING SECTION 66-51. APPROVAL
PROCEDURE TO REMOVE OBSOLETE PROCEDURE; AMDENDING
SECTION 66-52. PROCEDURE FOLLOWING APPROVAL. TO
REMOVE OBSOLETE LANGUGE; AMENDING SECTION 66-71 TO
CLARIFY THAT THE COMMUNITY DEVELOPMENT DIRECTOR
SHALL APPROVE ADMINISTRATIVE PLATS; AMENDING SECTION
66-72 TO CLARIFY THAT THE COMMUNITY DEVLEOPMENT
DIRECTOR SHALL APPROVE ADMINSITRATIVE PLATS;
AMENDING SECTION 66-01 TO REMOVE THE REQUIREMENT OF
MAYORAL SIGNATURE FOR ADMINISTATIVE PLATS; AMENDING
SECTION 66-102. FINAL PLAT TO REMOVE THE REQUIREMNT OF
MAYORAL SIGNATURE FOR ADMINSITRATIVE PLATS; PROVIDING
THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTER 66. SUBDIVISIONS SHALL REMAIN IN FULL FORCE AND
EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE; A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Planning and Zoning Department has undertaken a comprehensive
review of Chapter 66 Subdivisions and recommends revisions to Chapter 66; and
WHEREAS, in 2025 the Florida legislature passed SB 784 (2025) which required that all
plats or replat submittals be reviewed and approved administratively; and
WHEREAS, Chapter 66 of the Village Code is in need of numerous minor updates to
conform to the new state law; and
WHEREAS, the Village Council of the Village of Tequesta finds the adoption of this
ordinance updating chapter 66 Subdivisions will generally promote the public health, safety and
welfare of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
Created: 2025-06-13 12:52:26 [EST]
(Supp. No.39,Update 1)
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Agenda Item #3.
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 66 — Subdivisions. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article II. — Procedure for Plat Approval; To create an entirely
new Section 66-31. Designation of Administrative Authority. which shall hereafter read as
follows:
Sec. 66-31 Designation of Administrative Authority.
(a) Pursuant to F.S. § 177.071, the Village hereby designates the Department of Community
Development as the administrative authority to receive, review, and process all plat and
replat submittals.
(b) The Director of Community Development, or his/her designee, is authorized to approve,
approve with conditions, or deny a plat or replat on behalf of the Village. No further action
by the Village Council is required for a plat or replat that meets the requirements of F.S. ch.
177 and this chapter.
(c) "Administrative authority" means a department, division, or officer of the Village designated
by ordinance or resolution to perform these functions.
Section 2: Chapter 66. — Subdivisions. is amended at Article I1. —Procedure for Plat
Approval, Section 66-3 1. —Preapplication procedure; sketch plan. is hereby amended to read
as follows:
Sec. 66-32-1. Preapplication procedure; sketch plan.
(a) Before any preliminary plat is prepared, the subdivider or developer of any land within the
corporate area of the village shall obtain a copy of the regulations in this chapter to become
familiar with their various provisions and requirements.
(b) A preapplication meeting shall be required with the director of community development and
appropriate village staff, the landowner and/or representative, and other entity
representatives deemed appropriate, prior to submittal of an application for subdivision
sketch plan review, to ensure proper coordination, intention and understanding in the
development of land and buildings and to consider compliance with applicable village
regulations.
(c) An application in proper form must be filed with the director of community development by
the landowner or his authorized agent
along with a filing fee in an amount as determined by ordinance of the
village, which may be amended from time to time by the village council.
Created: 2025-06-13 12:52:26 [EST]
(Supp. No.39,Update 1)
Page 2 of 11
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Agenda Item #3.
(d) The subdivider shall submit to the department of community development, At ] AQt two
e
the original and ten copies of a
sketch plan of the proposed subdivision for preliminary discussion to examine the scope of
development contemplated, and its nature, and to explain how it will fit into the
development pattern of the village. The sketch plan shall show the following features:
(1) The location 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, lakes or waterways, mangroves, and environmentally sensitive land or
habitat areas.
(3) An indication of the proximity of such utilities as water, sewers, drainage, and
electric light and power, and how the subdivision will be served by each.
(4) The subdivision of existing lands, if any, surrounding or abutting the proposed site,
notably the street pattern and adjacent subdivision lot layout.
(5) The relationship of the proposed subdivision to existing community facilities which
serve or influence it such as main traffic arteries, railways, waterways, shopping or
commercial centers, schools, parks and playgrounds or any other physical features
that will enable the village to determine how the subdivision will fit into
the pattern of the community as a whole.
(6) Tentative lot and block lines, including proposed lot areas.
(fie) Following the pr�plication meeting and review of the sketch plan
the subdivider may proceed to prepare a preliminary plat in
accordance with the instructions contained in division 2 of this article. The subdivider
may elect to combine the preliminary and final plat procedures.
Section 3: Chapter 66. — Subdivisions. is amended at Article II. —Procedure for Plat
Approval, to create an entirely new Section 66-32. —Administrative review procedure for
plats and replats. Which shall hereafter read as follows:
Sec. 66-32. Administrative review procedure for plats and replats.
(a) Within seven (7) business days after receipt of a plat or replat submittal, the administrative
Created: 2025-06-13 12:52:26 [EST]
(Supp. No.39,Update 1)
Page 3 of 11
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Agenda Item #3.
authority shall provide written notice to the applicant acknowledging receipt and identifyinany
missing documents or information necessary for review.
(b) The notice shall describe the review process and timeframes for approval.
(c) Unless the applicant requests an extension of time in writing., the administrative authority
shall approve, approve with conditions, or deny the plat or replat within the timeframe stated in
the notice.
(d) If denied, the administrative authority shall issue a written decision stating the specific
reasons for denial and citing each applicable code or statutory requirement not met.
(e) The administrative authority or any Village official may not request or require the applicant
to file a written extension of time for review.
Section 4: Chapter 66. — Subdivisions. is amended at Article I1. —Procedure for Plat
Approval, to amend Section 66-51. —Approval procedure. Which shall hereafter read as
follows:
Sec. 66-51. Approval procedure.
(a) Any person desiring to subdivide land who has fulfilled the pre-application procedures set
forth in section 66-31 shall prepare a preliminary plat of the proposed subdivision in
accordance with the specifications and requirements as set forth in section 66-101
(b) Certification shall be provided that the proposed subdivision meets the level of service
standards and concurrency requirements of the village. Certification is to be provided by a
professional engineer, registered in the state, and be prepared in a format that can be
verified by the village.
(c) The landowner and/or representative shall schedule a meeting with the director of
community development, providing him with one copy of the proposed preliminary plat for
review and the level of service and concurrency certification.
(d) Upon completion of the director of community development's review, ten copies of the
preliminary plat shall be filed with the department of community development. At two
(e) The village staff shall examine and check the preliminary plat for general engineering and
the requirements of section 66-52. 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 director of community development
nine copies of the plat with their approval or recommended changes.
Created: 2025-06-13 12:52:26 [EST]
(Supp. No.39,Update 1)
Page 4 of 11
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Agenda Item #3.
(f) The:%V4"^an%e ^^t 1N director of community development shall review the recommendations
of the village staff. In its consideration of the preliminary plat, the village staff 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.
Section 5: Chapter 66. — Subdivisions. is amended at Article II. —Procedure for Plat
Approval, to amend Section 66-52. —Procedure following approval. Which shall hereafter
read as follows:
Sec. 66-52. Procedure following approval.
(a) Upon receipt of an approval letter from the department of community development
acknowledging preliminary plat approval LWY*'Re 3i 4"A41can%e :9��', 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:
(1) Street grading and paving, curb and gutter, sidewalks/pathways, and crosswalks.
(2) Stormwater/drainage facilities.
(3) Water supply and fire hydrants.
(4) Sanitary sewers.
(5) Street name signs.
(6) Control signs and markings.
(7) Permanent reference monuments.
(8) Electrical service.
(9) Cable antenna television(CATV) service.
(10)Telephone service.
(11)Street lighting layout.
(b) Prior to the construction of any improvements, the subdivider shall furnish the village with
five copies of all construction plans, information and data necessary to determine the
character of the site improvements contemplated for compliance with the minimum
standards and specifications of the village for such improvements. Street, drainage, sewer
and other utility plans shall be prepared by a professional engineer registered in the state.
(c) The village shall provide the subdivider and his engineer copies of the village land
development regulations, including the 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 6: Chapter 66. — Subdivisions. is amended at Article IL —Procedure for Plat
5
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Agenda Item #3.
Approval, to amend Section 66-71. —Procedure for tentative approval. Which shall hereafter
read as follows:
Sec. 66-71. Procedure for tentative approval.
(a) Within six months after approval of the preliminary plat, ten copies of the final plat shall be
submitted to the village for its examination and approval. Preliminary approval shall
terminate after six months; however, an extension of time may be granted by the community
development director upon request.
(b) The final plat shall conform substantially to the preliminary plat as approved, and if desired
by the subdivider it may constitute only that portion of the approved preliminary plat which
he proposes to develop and record at the time, provided however, that such portion
conforms to all the requirements of this chapter.
(c) The village staff shall examine the final plat for conformance with the preliminary plat with
regard to individual responsibilities, and within 30 days shall notify the:%V411,
director of community development of their findings in writing. The village manager shall
submit the final plat for review by the village community development director
within 15 days upon receiving the plat from staff.
(d) After certification of the final plat by the village staff and manager, ' the
director of community development may approve, approve with conditions, or den.T 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 cash equal to 110 percent of the construction costs
estimated by the village staff or the filing of a surety bond conditioned to secure the
construction of required improvements.
(e) The certification of the staff and manager�� *��TA Ann:V^�TA' O� T'. �A
shall be each stamped or imprinted on the final plat. The original copy shall be returned to
the subdivider and one copy shall be retained by the village.
Section 7: Chapter 66. — Subdivisions. is amended at Article II. —Procedure for Plat
Approval, to amend Section 66-72. —Procedure following tentative approval; final approval
and recording. Which shall hereafter read as follows:
Sec. 66-72. Procedure following tentative approval; final approval and recording.
(a) Upon the finding by the director of community development that the
subdivider has complied with the applicable state, county, and village laws and the
provisions of this chapter, and the director of community development has
given tentative approval to the final plat, the subdivider shall install all required
improvements immediately or deposit either of the following surety alternatives:
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Agenda Item #3.
(1) File with the village a surety bond conditioned to secure the construction of the
improvements listed in article VI of this chapter in a satisfactory manner and within
a time period specified by the village council, such period not to exceed one year.
However, the village council shall have the authority to extend this time. The bond
shall be executed by a surety company authorized to do business in the state and
having a resident agent in the county. No such bond shall be accepted unless it is
enforceable by or payable to the village in a sum at least 110 percent 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
(2) Deposit with the village or place in escrow cash, a cashier's check or a certified
check in an amount of 110 percent of the cost of construction of the improvements
as estimated by the village.
Estimates for the costs of such improvements shall be provided by the subdivider, which shall
have been certified by a licensed engineer registered in the state.
(b) Following receipt of the surety deposit or notification by the village staff that all
improvements have been installed, whichever occurs first, the director of community
developments%bxA GOUH may give final approval to the final plat and cause the plat to
be properly executed.
(c) After final approval by the director of community development ' , the
subdivider shall file a true copy of the plat as approved, within 60 days from the date of
such approval, with the clerk of the circuit court of the county.
(d) When the plat has been recorded, a reproducible and five copies thereof shall be filed with
the village.
(e) No building permit shall be issued until the final plat has been recorded in the office of the
clerk of the circuit court of the county. No temporary or final certificate of occupancy shall
be issued until all physical improvements serving the property have been installed in
accordance with article VI of this chapter.
Section 8: Chapter 66. — Subdivisions. is amended at Article III. —Plat Requirements, to
amend Section 66-101. —Preliminary plat. Which shall hereafter read as follows:
Sec. 66-101. Preliminary plat.
(a) The preliminary plat shall be drawn to a scale of not more than 100 feet to the inch,
provided, however, that a scale of 200 feet to the inch may be used for large areas, and shall
show the following:
(1) Proposed subdivision name or identifying title, which shall not duplicate or closely
approximate the name of any other subdivision in the county.
(2) Location sketch related to the village limits.
(3) North point, graphic scale and date.
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Agenda Item #3.
(4) Name of the owner of the property or his authorized agent, and also the names of
mortgagees.
(5) Name of the registered professional engineer and/or surveyor responsible for the
plat.
(6) Locations and names of adjacent subdivisions.
(7) Boundary line of the tract to be subdivided drawn accurately to scale and with
accurate linear and angular dimensions.
(8) All existing watercourses, drainage ditches, canals and bodies of water on or
adjacent to the proposed subdivision.
(9) All existing buildings on the proposed subdivision and all existing sewers, water
mains, culverts, fire hydrants, and underground or aboveground utilities on or
adjacent to the proposed subdivision.
(IO)AII existing streets and alleys on or adjacent to the tract, including name, right-of-
way width and pavement width. Existing streets shall be dimensioned to tract
boundaries.
(11)All existing property lines, easements and rights-of-way and the purpose for which
the easements or rights-of-way have been established.
(12)Location and width of all proposed streets, alleys, rights-of-way, and easements,
purpose of easements, and proposed lot lines for each street.
(13)Setback lines shall be shown when required by the village.
(14)Sites, if any, to be reserved or dedicated for parks, playgrounds, conservation
easement areas, or other public uses.
(15)Sites, if any, for multiple-family dwellings, shopping centers, churches, or other
nonpublic uses exclusive of single-family dwellings.
(16)Locations and size of proposed water, sewer, drainage facilities, fire hydrants and
other utilities on the land to be subdivided and on land within 100 feet thereof.
(17)Site data, in tabular form, including number of residential lots, typical lot sizes and
areas, and areas in parks, etc.
(18)Space and forms for the following signatures indicating approval:
a. Dedication by owner.
b. Notary—Attest.
c. Surveyor.
d. Village manager.
€e. Clerk—Attest.
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Agenda Item #3.
g_f. Director of community development.
fig. Title company.
ih. Mortgagee approval.
(b) Where the proposed plat covers only a portion of the subdivider's entire holding, a sketch
shall be submitted showing the prospective street layout and proposed use for the
remainder.
(c) The extent and boundaries of the platted area shall be graphically indicated in a clear and
understandable manner.
(d) Ten copies of the deed restrictions and/or protective covenants, whereby the subdivider
intends to regulate the land use other than through chapter 78, shall be attached to the
preliminary plat. Conformance to such deed restrictions shall not be the responsibility of the
village.
(e) If the proposed land to be subdivided does not lie within the corporate limits but is proposed
for annexation to the village, the preliminary plat shall show a plan indicating the proposed
use of the lots and the county zoning.
Section 9: Chapter 66. — Subdivisions. is amended at Article III. —Plat Requirements, to
amend Section 66-102. —Final Plat. Which shall hereafter read as follows:
Sec. 66-102. Final plat.
(a) The final plat shall be clearly and legibly drawn in ink or tracing cloth to a scale of not more
than 200 feet to one inch. Individual sheets shall not be larger than 24 inches by 36 inches
overall, as approved by the county for purposes of recording. Where the final plat of a
proposed subdivision requires more than one sheet, each sheet shall be keyed to a master
map with appropriate marks of identification.
(b) The final plat shall include the following information:
(1) Location sketch showing the location of the subdivision with respect to section or
government lot lines.
(2) Boundary lines of the tract with accurate distances measured to hundredths of a
foot and angles to half minutes. The boundaries shall be determined by accurate
survey in the field, which shall be balanced and closed with error closures not to
exceed one foot to 5,000 feet. Surveys shall be coordinated and tied into the nearest
established section corner or quarter section by angle and distance.
(3) The exact names, locations and widths along the property lines of all existing or
recorded streets intersecting or paralleling the boundaries of the tract.
(4) 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
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Agenda Item #3.
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; and
centerlines of all streets.
(5) Lots numbered in numerical order beginning with numeral "1" in each block and
blocks numbered in numerical order or lettered in alphabetical order.
(6) The accurate location and material of all permanent monuments.
(7) 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.
(8) Names and locations of adjoining subdivisions, if any, the adjacent portions of
which shall be shown in outline form.
(9) Acknowledgment of the owner and all lienholders to the plats 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. Mortgage holders shall
execute the following certificates on plats: "The mortgagee(s) consents and agrees
to the platting of the lands embraced in the plat and to the dedication shown
thereon, and further, should it become necessary to foreclose the mortgage covering
the said property that all pieces and parcels dedicated to the public will be excluded
from said suit and the dedication remain in full force and effect."
(10)Private restrictions and/or trusteeships and their period of existence. Should these
restrictions be of such length as to make their lettering on the plat impracticable and
thus necessitate the preparation of a separate instrument, reference to such
instrument shall be made on the plat.
(11)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.
(12)Space and forms for the following signatures indicating approval:
a. Dedication by owner.
b. Notary—Attest.
c. Surveyor.
d. Village manager.
f. Clerk—Attest.
g. Director of community development.
h. Title company.
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Agenda Item #3.
i. Mortgagee approval.
(13)Subdivision name or identifying title.
(14)North point, graphic scale and date.
(15)Name of the record owner and the subdivider.
(16)Such other features as may be required by F.S. ch. 177.
(c) A separate instrument shall be attached to and made part of all plats showing the grade of all
roads, streets, alleys and other rights-of-way, however designated, and the elevations of the
several portions of the land depicted on the plat, by contour lines at two-foot intervals.
(d) A letter from a title company certifying the following shall be presented with the final plat:
(1) Parties executing plats are owners of the land embraced in the plat.
(2) All mortgages, liens, or other encumbrances.
(3) Whether or not taxes and assessments are paid.
(4) Description shown of the property to be platted is correct.
Section 10: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 11: Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 12: Specific authority is hereby granted to codify this Ordinance.
Section 13: This Ordinance shall take effect immediately upon adoption.
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Agenda Item #3.
BUSINESS IMPACT ESTIMATE
As required by Sec. 166.041(4), Florida Statutes (2024), this "Business Impact
Estimate" is provided for Ordinance No. 06-26:
ORDINANCE NO. 06-26
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 66. SUBDIVISIONS;
PROVIDING MULTIPLE RECOMMENDED BUILDING AND BUILDING
REGULATION CODE UPDATES; CREATING SECTION 66-31
DESIGNATING THE COMMUNITY DEVELOPMENT DEPARTMENT AS
THE ADMINISTRATIVE ENTITY RESPONSIBLE FOR REVIEWING
PLAT SUBMITTALS; AMENDING SECTION 66-321 PREAPPLICATION
PROCEDURE TO REMOVE OBSOLETE LANGUAGE; CREATING
SECTION 66-32 ADMINISTRATIVE REVIEW PROCEDURE FOR PLATS
AND REPLATS; AMENDING SECTION 66-51. APPROVAL
PROCEDURE TO REMOVE OBSOLETE PROCEDURE; AMDENDING
SECTION 66-52. PROCEDURE FOLLOWING APPROVAL. TO
REMOVE OBSOLETE LANGUGE; AMENDING SECTION 66-71 TO
CLARIFY THAT THE COMMUNITY DEVELOPMENT DIRECTOR SHALL
APPROVE ADMINISTRATIVE PLATS; AMENDING SECTION 66-72 TO
CLARIFY THAT THE COMMUNITY DEVLEOPMENT DIRECTOR SHALL
APPROVE ADMINSITRATIVE PLATS; AMENDING SECTION 66-01 TO
REMOVE THE REQUIREMENT OF MAYORAL SIGNATURE FOR
ADMINISTATIVE PLATS; AMENDING SECTION 66-102. FINAL PLAT
TO REMOVE THE REQUIREMNT OF MAYORAL SIGNATURE FOR
ADMINSITRATIVE PLATS; PROVIDING THAT EACH AND EVERY
OTHER SECTION AND SUBSECTION OF CHAPTER 66.
SUBDIVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE; A
SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
This ordinance is exempt from the requirements of a business impact statement
pursuant to Florida Statute 166.041(4)(c)1.
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1
2 An act relating to platting; amending s . 177 . 071,
3 F. S . ; requiring that certain plat or replat submittals
4 be administratively approved with no further action by
5 certain entities under certain circumstances;
6 requiring the governing body of such county or
7 municipality to designate an administrative authority
8 to receive, review, and process plat or replat
9 submittals; providing requirements for such
10 designation; defining the term "administrative
11 authority"; requiring the administrative authority to
12 submit a certain notice to an applicant; providing
13 requirements for such notice; requiring the
14 administrative authority to approve, approve with
15 conditions, or deny a plat or replat submittal in
16 accordance with the timeframe in the initial written
17 notice to the applicant; requiring the administrative
18 authority to notify the applicant in writing if it
19 declines to approve a plat or replat submittal;
20 requiring that the written notification contain the
21 reasons for denial and other information; prohibiting
22 the administrative authority or other official,
23 employee, agent, or designee from requesting or
24 requiring that the applicant request an extension of
25 time; amending s . 177 . 111, F. S . ; conforming provisions
26 to changes made by the act; providing an effective
27 date .
28
29 Be It Enacted by the Legislature of the State of Florida:
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30
31 Section 1 . Section 177 . 071, Florida Statutes, is amended to
32 read:
33 177 . 071 Administrative approval of plats by designated
34 county or municipal official ffesc j _ .-
35 (1) (a) A plat or replat submitted under this part must be
36 administratively approved and no further action or approval by
37 the governing body of a county or municipality is required if
38 the plat or replat complies with the requirements of s . 177 . 091 .
39 The governing body of the county or municipality shall
40 designate, by ordinance or resolution, an administrative
41 authority to receive, review, and process the plat or replat
42 submittal, including designating an administrative official
43 responsible for approving, approving with conditions, or denying
44 the proposed plat or replat .
45 (b) As used in this section, the term "administrative
46 authority" means a department, division, or other agency of the
47 county or municipality. For purposes of issuing a final
48 administrative approval of a plat or replat submittal, the term
49 also includes an administrative officer or employee designated
50 by the governing body of a county or municipality, including but
51 not limited to, a county administrator or manager, a city
52 manager, a deputy county administrator or manager, a deputy city
53 manager, an assistant county administrator or manager, an
54 assistant city manager, or other high-ranking county or city
55 department or division director with direct or indirect
56 oversight responsibility for the county' s or municipality' s land
57 development, housing, utilities, or public works programs .
58 (2) Within 7 business days after receipt of a plat or
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59 replat submittal, the administrative authority shall provide
60 written notice to the applicant acknowledging receipt of the
61 plat or replat submittal and identifying any missing documents
62 or information necessary to process the plat or replat submittal
63 for compliance with s . 177 . 091 . The written notice must also
64 provide information regarding the plat or replat approval
65 process, including requirements regarding the completeness of
66 the process and applicable timeframes for reviewing, approving,
67 and otherwise processing the plat or replat submittal .
68 (3) Unless the applicant requests an extension of time, the
69 administrative authority shall approve, approve with conditions,
70 or deny the plat or replat submittal within the timeframe
71 identified in the written notice provided to the applicant under
72 subsection (2) . If the administrative authority does not approve
73 the plat or replat, it must notify the applicant in writing of
74 the reasons for declining to approve the submittal . The written
75 notice must identify all areas of noncompliance and include
76 specific citations to each requirement the plat or replat
77 submittal fails to meet . The administrative authority, or an
78 official, an employee, an agent, or a designee of the governing
79 body, may not request or require the applicant to file a written
80 extension of time .
81 (4) Before a plat or replat is offered for recording, it
82 must be administratively approved as required by this section b�-y
83 , and evidence of such approval
84 must be placed on the plat or replat . If not approved, the
85 governing body must return the plat or replat to the
86 professional surveyor and mapper or the legal entity offering
87 the plat or replat for recordation . For the purposes of this
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88 part :
89 (a) When the plat or replat to be submitted for approval is
90 located wholly within the boundaries of a municipality, the
91 ffe;T: LV=nJ nejn 1•,,,4JOy „f : 1 municipality has exclusive jurisdiction to
92 approve the plat or replat .
93 (b) When a plat or replat lies wholly within the
94 unincorporated areas of a county, the
95 county has exclusive jurisdiction to approve the plat or replat .
96 (c) When a plat or replat lies within the boundaries of
97 more than one county, municipality, or both JeTT--__11 J �,�,a�T� two
98 plats or replats must be prepared and each county or
99 municipality has exclusive jurisdiction to
100 approve the plat or replat within its boundaries, unless each
101 county or municipality with jurisdiction over the plat or replat
102 agrees +�� ��\TT_ V`Y,-1 Y, 1=, 4. � �_L.11\.J _K� \,A-L-\-,�q;TT�L L t-A V-L.L I EJ S a �-- J� rr� �A 4- ,�� �v� r�� that
103 one plat is mutually acceptable .
104 (5) Any provision in a county charter, or in an
105 ordinance of any charter county or consolidated government
106 chartered under s . 6 (e) , Art . VIII of the State Constitution,
107 which provision is inconsistent with anything contained in this
108 section shall prevail in such charter county or consolidated
109 government to the extent of any such inconsistency.
110 Section 2 . Section 177 . 111, Florida Statutes, is amended to
111 read:
112 177 . 111 Instructions for filing plats ��.—After the
113 approval by the appropriate administrative authority
114 le-e�y required by s . 177 . 071, the plat or replat must be
115 recorded by the circuit court clerk or other recording officer
116 upon submission thereto of such approved plat or replat . The
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117 circuit court clerk or other recording officer shall maintain in
118 his or her office a book of the proper size for such papers so
119 that they will not be folded, to be kept in the vault . A
120 print or photographic copy must be filed in a similar book and
121 kept in his or her office for the use of the public. The clerk
122 shall make available to the public a full size copy of the
123 record plat or replat at a reasonable fee .
124 Section 3 . This act shall take effect July 1, 2025 .
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