HomeMy WebLinkAboutOrdinance_56_12/11/1962 1
AN ORDINANCE FOR THE VILLAGE OF TEQUESTA,
FLORIDA REGULATING THE SUBDIVISION OF LAND
IN OR ABOUT TO BE ANNEXED TO THE VILLAGE
OF TECQUESTA, FLORIDA
BE IT ORDAINED BY THE VILLAGE OF TEQUESTA, FLORIDA:
ARTICLE I. DECLARATION OF PURPOSE
JURISDICTION. AND DEFINITIONS
SECTION 1. DECLARATION OF PURPOSE
The procedures and standards for the development and subdivision of real
estate and for the surveying and platting thereof, adopted and prescribed by
this ordinance and hereby found by the Village of 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 2. JURISDICTION
From and after the date of adoption, these regulations shall govern sub-
divisions 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 ac-
cepted herein:
SECTION 3. DEFINITIONS
For the purpose of these regulations certain words and terms used herein
are defined as follows:
(1) VILLAGE COUNCIL. The words "Village Council" shall be construed to mean
the Village Council of the Village of Tequesta, Florida as now constituted.
(2) VILLAGE. The Village of Tequesta, Florida.
(3) MANAGER. Shall mean the Village Manager of the Village of Tequesta.
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(4) CUL -DE -SAC. A street having one open end and being permanently terminated
by a vehicular turn- around.
(5) 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 com-
patible with the full exercise and enjoyment of the public uses to which the
property has been devoted.
(6) EASEMENT. A right -of -way granted for limited use of private property for a
public or quasi- public purpose.
(7) LOT. A tract or parcel of land identified as a single unit in a subdivi-
sion and intended for transfer of ownership, use or improvement.
(8) RIGHT -OF- WAY. Land reserved, used or to be used for a street, alley, walk-
way, drainage facility or other public purpose.
(9) SETBACK LINE. The distance between the street right -of -way line and
the front wall of the main structure. In the Zoning Ordinance this dis-
tance is defined as the Front Yard. (This should not be confused with set-
back lines sometimes established by ordinance for the purpose of ultimate
street widening measured from the center line of the right -of -way).
(10) SKETCH PLAN. An informal plan indicating the salient existing features
of the site and its surroundings as described in Article II and the gen-
eral layout of a proposed subdivision.
(11) SIGHT DISTANCE. The minimum extent of an unobstructed forward vision (in
a horizontal plane) along a street from a vehicle located at any given point
on a street.
(12) STREET. The term "Street" means a public way for vehicular traffic whether
designated as a street, highway, thorofare, parkway, throughway, road,
boulevard, land, place or however designated.
(a) ARTERIAL STREETS AND HIGHWAYS. Those which are used primarily for
fast movement.
(b) COLLECTOR OR FEEDER STREETS. Those which carry traffic from minor
streets to the major system of arterial streets or highways, includ-
ing the principal entrance streets or residential development and
streets for circulation within such a development.
(c) 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.
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(d) MARGINAL ACCESS STREETS. Minor streets which are parallel and adja-
cent to arterial streets and highwey: and which provide access to
abutting properties and protection f_ = traffic.
(e) MINOR STREETS. Those which are usr::i primarily for access to abutting
property.
(f) HALF-STREET. Generally parallel and adjacent to the boundary of a
tract, having a lesser right -of -way width than required for a full
width of the type involved.
(g) PARKWAY. Streets with limited access on an exceptional right -of -way,
permitting marginal parkways for landscaping.
(h) ALLEY. A minor roadway which is used primarily for vehicular service
access to the back or the side of properties otherwise abutting on a
street.
(13) SUBDIVIDER OR DEVELOPER. A person firm or corporation, who undertakes the
activities covered by these regulations, particularly the drawing up of a
subdivision plat showing the layout of - the land and the public improvements
involved therein. Inasmuch as the subdivision plat is merely a necessary
means to the end of assuring a satisfactory development, the term "subdivider"
is intended to include the term "developer" even though the persons involved
in successive stages of the project may vary.
(14) SUBDIVISIONS. The division of a parcel of land into two (2) or more lots
or parcels either by plat into lots and blocks or by metes and bounds
description for the purpose of transfer of ownership or development, when
said division results in two or more lots or parcels of five (5) acres or
less for either; or if a new street is involved, any division of a parcel
of land; or resubdivisions of land heretofore divided or platted into lots,
sites or parcels. However, the sale or exchange of small parcels of land
to or between adjoining property owners where such sale or change does not
create additional lots shall not be considered a subdivision of land.
(15) ZONING ORDINANCE. Where used in these regulations means the Zoning Ordinance
of the Village of Tequest, Florida, and amendments thereto.
ARTICLE II - PROCEDURE FOR PLAT APPROVAL
SECTION I. GENERAL - PRE - APPLICATION PROCEDURE - SKETCH PLAN
Before any preliminary plat is prepared the subdivider or developer of
any land within the corporate area of the Village of Tequesta shall obtain
a copy of these regulations to become familiar with their various provisions
and requirements.
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I. The Subdivider shall submit to the Vill-age Manager, at least two weeks
prior to regular meeting of the Council, the original and 4 copies of
a SKETCH PLAN of the proposed Subciivi.ion for preliminary discussion
to examine the scope of development contemplated, its nature and ex-
plain how it will fit into the Deve.`_opmenL 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 approxi-
mate area thereof.
2. An indication of such natural features as unusual topography,
low or swampy areas, streams or lakes.
3. An indication of the proximity of such utilities as water, sewerage,
drainage, electric light and power &nd 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.
5. The relationship of the proposed subdivision to existing community
facilities which serve or influence it such as main traffic arter-
ies, railways, waterways, shopping or commercial centers, schools,
parks and playgrounds or any other physical features that will
enable she Council to determine how the subdivision will fit into
the pattern of the community as a whole.
6. Tentative lot and block lines..
7. Where a small or irregular tract of land will be created or may
remain due to the development of a proposed subdivision, the Council
may require that a practical plan for the development of said tract
be submitted. Where a pratical layout cannot be made the Council
may require revision of the proposed subdivision layout.
2. After review by the Village Manager, copies of the plat will be forwarded
to the Village Council for consideration.
1. If the SKETCH PLAN is approved as submitted, and without conditions,
the Manager shall retain four (4) copies and shall return one copy
to the subdivider within one week. The Manager shall present the
signed SKETCH PLAN to the Council at the next regular meeting.
2. If the SKETCH PLAN is disapprove, the Manager shall retain one
copy and shall return four copies to the subdivider, who shall
not proceed with subdivision unless and until a plan has been
approved by the Village Council.
3. If the SKETCH PLAN received conditional approval, the Manager
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shall retain one copy and return four copies to the subdivider.
The subdivider shall not proceed with the subdivision unless
and until the conditions are met, and the Village Council has
certified on all copies of the SKETCH PLAN that the conditions
are met.
Following the approval of the SKETCH PLAN the subdivider may proceed to
prepare a PRELIMINAR'T PLAN in accordance with the instructions hereinafter
contained.
SECTION 2. PRELIMINARY PLAT PROCEDUR
(1) Any person desiring to subdivide land, who has fulfilled the requirements
of Section 1, 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.
(2) One (1) copy of the Preli-minary Plat shall be filed with the Village Manager,
and one (1) copy with the Council for examination at least two weeks prior
to the Council meeting at which it is to be considered.
(3) Application in proper form mL*r,t be filed with the Manager by the land owner
or his authorized agent ten days prior to the next regular meeting of the
Council along with a filing fee of $50.00 with 10� for each lot.
(4) The Village Manager shall examine and check the Preliminary Plat for gen-
eral engineering and the requirements of Section 3. The Manager shall
check the Preliminary Plat for street numbering and naming and conformance
with the Development Pattern of the Vi '. ! age. Tip -.i Manager shall forward to
the Council one print of said Plat with his approval or recommended changes.
(5) The Council shall review the recommendations of the Village Manager. In
its consideration of the Prelim. -inary Peat the Council may call upon an
Engineer, representatives of the Power Company, Planning Consultants, the
Board of Public Instruction and other interested agencies for information
as to how the site of the proposed subdivision can be served with utilities,
drainage facilities, parks, and schools.
(6) If the Council approves the Plat conditional upon modifications, corrections,
or changes, the Plat shall be altered by the subdivider to conform to said
modifications before being signed by the aforementioned parties, after
which one print of the signed Preliminary Plat shall be furnished by the
developers to the Council and the Village Manager.
SECTION 3. PROCEDURE FOLLOWING APPROVAL OF THE PRELIMINARY PLAT
(1) Receipt of the signed copy of the approved Preliminary Plat is authorization
for the Subdivider to proceed with the preparation of pivns,and specifications
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for the following minimum improvements and with the preparation of the final
plats
(a) Street grading and paving, curb and gutter, sidewalks.
(b) Drainage of the subdivision.
(c) Water Supply.
(d) Sanitary sewers.
(e) Street name signs.
(f) Monuments.
(2) Prior to the construction of any imporvements, the Subdivider shall furnish
the Village Manager a copy of all plans, information and date necessary to
determine the character of the site improvements contemplated for compliance
with the minimum standards and specifications of the Village or said im-
provements. Street,,drainage, sewerage and other utility plans shall be
prepared by a professional engineer registered in the State of Floxida.
SECTION 4. PROCEDURE FOR TENTATIVE APPROVAL OF THE FINAL PLAT
(1) Within six months after approval of the Preliminary Plat, two (2) copies
of the final plat shall be submitted to the Village Council for their
examination and approval. Preliminary approval shall terminate after six
months, however, an extension of time may be granted by the Village Council
upon written request. Of these two copies, one copy shall be transmitted
to the Council and one copy to the Manager, for their review and comments.
(2) The final plat shall conform substantially to the Preliminary Plat as
approved, and if desired by the subdivider it may constitute only that
portion of the approved Preliminary Plat which he proposes to develop
and record at the time, however, that such protion conforms to all the
requirements of those regulations.
(3) Application for approval of the final plat may be submitted in writting
to the Village Council at least fifteen (15) days prior to the meeting
at which it is to be considered.
(4) The Village Manager shall examine the final plat for conformance with the
preliminary plat with regard to individual responsibilities, and within
thirty (30) days shall notify the Council of his findings in writing.
Failure of the Council to act within sixty (60) days after submission of
said plat by the Village Manager shall be deemed an approval of the final
plat.
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(5) After certification of the Final Plat by the Village Manager, the Village
Council may.give tentative approval of the Final Plat. Final approval
shall be withheld until all the required improvements are installed to the
satisfaction and final approval of the Village Council or in lieu thereof,
the deposit of cash equal to 110% of the construction costs estimated by
the Village Manager or the filing of a surety bond conditioned to secure
the construction of required improvements.
(6) The certification of the Manager and the tentative approval of the Village
Council shall be each stamped or imprinted on the Final Plat. The original
copy shall be returned to the subdivider, one (1) copy to the Village
Manager,and one (1) copy to be retained in the - iles of the Village Council.
SECTION 5. PROCEDURE FOLLOWING TENTATIVE APPROVAL OF THE FINAL PLAT BY THE
VILLAGE COUNCIL
(1) Upon the finding by the Village Council that the subdivider has complied
with the applicable State, County, and Village laws and the provisions of
these regulations, and said Council has given tentative approval to the
final plat, the subdivider shall install all required improvements immediately
or deposit either of the following surety alternatives.
(a) File with the Village Council a surety bond conditioned to secure
the construction of the improvements listed in Article V in a sat-
isfactory manner and within a time period specified by the Village
Council, such period not to exceed one (1) year. However, the Village
Council shall have the authority to extend this time. Said bond shall
be executed by a surety company authorized to do business in the State
of Florida and having a resident agent in Palm Beach County. No such
bond shall be accepted unless it is enforceable by or payable to the
Village in a sum at least 110% of the cost of constructing the
improvements as estimated by the Village Manager 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 the
improvements as estimated by the Village Manager.
(c) Estimates for the costs of said improvements shall be provided by
the subdivider, to be made by an engineer registered in the State
of Florida. Such information as necessary shall be made available
to the Village Manager for his determination of costs.
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(2) Following receipt of the surety deposit or notification by the Village
Manager that all improvements have been J_nstailed, whichever, occurs
first, the Village Council may give final approval to the Final Plat and
cause said plat to be properly executed.
(3) After final approml by the Village Council, the subdivider shall file
a true copy of the plat as approved, within sixty (60) days from the
date of such approval with the Clerk of the Circuit Court of the Palm
Beach County. And shall so notify the Village Council of his action in
writing.
(4) When the plat has been recorded, five (5) copies thereof shall be filed
with the Village Clerk.
(5) No building permit shall be issued until the final plat has been re-
corded 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 been installed
in accordance with Article V.
ARTICLE III
SECTION 1. REQUIREMENTS OF THE PRELIMINARY PLAT
(1) The Preliminary Plat shall be drawn to a scale of not more than 100 feet
to the inch, provided, however, that a scale of 200 feet to the inch may
be used for large areas and sh -. +_l show the following:
(a) Proposed subdivision name or identifying title which shall not
duplicate or closely approximate the name of any other subdivision
in the county.
(b) Location sketch related to the Village limits.
(c) North point, graphic scale and date.
(d) Name of the owner of property or his authorized agent, also name
mortgages.
(e) Name of the registered professional engineer 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.
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(i) All existing buildings on the proposed subdivision and all exist-
ing sewers, water mains, culverts, fire hydrants, underground or
above ground utilities on or adjacent to the proposed subdivision.
(j) All existing streets and alleys on or adjacenttD the tract includ-
ing name, right -of -way width and pavement width. Existing streets
shall be dimensioned to tract boundaries.
(k) All existing property lines, easements and rights -of -way and the
purpose for which the easements or rights -of -way have been estab-
lished.
(1) Location and width of all proposed streets, alleys, rights -of -way
easements, purpose of easements, proposed lot lines for each 6treet.
(m) Setback lines shall be shown when required by the Village Manager or
Village Council.
(n) Sites, if any, to be reserved or dedicated for parks, playgrounds,
or other public uses.
(o) Sites, if any, for multiple family dwellings, shopping centers,
churches, industry or other non- public uses exclusive of single
family dwellings.
(p) Locations and size of proposed water, sewer, drainage facilities,
fire hydrants and other utilities on the land to be subdivided
and on land within one hundred (100) feet thereof.
(q) Site data, in tabular form, including number of residential lots,
typical lot sizes and areas in parks, etc.
(r) Space and forms for the following signatures indicating approval.
1. Dedication by owner.
2. Notary - Attest.
3. Surveyor.
4. Village Manager.
5. Mayor.
6. Clerk - Attest
7. County Engineer
8. County Clerk.
9. Mortgagee Approval.
(2) Where the proposed plat covers only a portion of the subdivider's entire
holding, sketch shall be submitted showing the prospective street layout,
and proposed use for the remainder.
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(3) The extent and boundaries of the platted area shall be graphically in-
dicated in a clear and understandable manner.
(4) A draft of the deed restrictions or protective covenants, whereby the
subdivider intends to regulate the land use other than through the zoning
ordinance, shall be attached to the preliminary plat.) Conformance of
such deed restrictions shall not be the responsibilities of the Village.
(5) If the proposed land to be subdivided does not lie within the corporate
limits but is proposed for annexation of the Village, the preliminary plat
shall show a plan indicating the proposed use of the lots and the County
zoning.
SECTION 2. REQUIREMENTS OF 1HE FINAL PLAT
(1) The final plat shall be clearly and legibly drawn in ink or tracing cloth
to a scale of not more than 200 feet to one inch. Individual sheets shall
not be larger than 24 inches by 36 inches overall, as approved by
Palm Beach County for purposes of recording. Where the Final Plat of a
proposed subdivision requires more than one sheet, each sheet shall be keyed
to a master map with appropriate marks of identification.
(2) The Final Plat shall include the following information:
(a) Location sketch showing location of subdivision with respect to
section or government lot lines.
(b) Boundary lines of the tract with accurate distances measured to
hundredths of a foot and angles to half minutes. The boundaries
shall be determined by accurate survey in the field, which shall
be balanced and closed with error closures not to exceed one foot
to 5,000 feet. Surveys shall be coordinated and tied into the
nearest extablished section corner or quarter section corner by
angle and distance.
(c) The exact names, locations and widths along the property lines of
all existing or recorded streets intersecting or paralleling the
boundaries of the tract.
(d) The exact layout including street and alley lines, building lines
as required, street names, bearings, angles of intersection and
widths (including widths along the lines of any obliquely inter-
secting streets), lengths of arcs and radii, points of curvature
and tagent 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 then right
angles to the street or alley lines; center lines of all streets.
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(e) Lots numbered in numberical order beginning with numerical one in
each block and blocks, n*xbered in numerical order or lettered in
alphabetical order.
(f) The accurate location and material of all permanent reference monuments.
(g) The accurate outline of all property which is to be dedicated or reserved
for 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.
(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 plat 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
platss 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 pro-
perty that all pieces and parcels dedicated to the public will be excluded
from said suit and the dedication remain in full force and effect.
(j) 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.
(k) The certificate of the Registered Lan-' Surveyor attesting to the accuracy
of the survey and that the permanent reference monuments have been estab-
lished according to law.
(1) Space and forms for the following necessary signatures indicating approvals
1. Dedication by Owner.
2. Notary - Attest.
3. Surveyor.
4. Village Manager.
5. Mayor.
6. Clerk - Attest.
7. County Engineer.
8. County Clerk.
9. Mortgagee Approval.
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(m) Subdivision name or identifying title.
(n) North point, graphic scale and date.
(o) Name of record owner and subdivider.
(p) Such other features as may be required by Chapter 177, Florida Statutes.
(3) A separate instrument shall be attached to and made a part of all plats
showing the grade of all roads, streets, alleys and other right -of -ways
however designated, and the elevations of the several portions of the
land departed on the plat, by contour lines at two foot intervals.
(4) A letter from an abstract company certifying the following shall be pre-
sented 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 i'
GENERAL REQUIREMEN AND DESTGN STANDARDS
SECTION 1. CONFORMITY TO A COMPREHENSIV PT.AN
(1) No building permits shall be issued on ,.ots or tracts of land until same
have been platted in accordance with these regulations and properly re-
corded in the Public Records of Palm Beach County, Florida.
(2) All proposed subdivisions shall conform to the City Zoning Ordinance and to
any elements of a Comprehensive Plan that have been adopted by the Village.
(3) Whenever a tract to be subdivided embraces any part of a street that is
designated as a highway, arterial or major street, collector or secondary
street or parkway so designated on any Village, County, or State plan,
such part of such proposed public way shall be platted by the subdivider
in the same location and at the same minimum width indicated on such Village,
State or County plan.
SECTION 2. LAND UNSUITABLE FOR SUBDIVISION
Land which the Council has found to be unsuitable for subdivision due to
flooding, bad drainage, or other features likely to be harmful to the health,
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safety, and general welfare of future residents shall not -be subdivided unless
adequate methods of correction are formulated by the Village Manager and the
Council. Protective measuresrequired must be referred to on the plat, in-
cluding such features as drainage ponds, ditches, etc.
SECTION 3. STREETS
(1) The arrangement, character, extent, width, grade and location of all
streets shall conform to the Streets and Highway Plans of the State, County and
Village respectively, and shall be considered in their relation to existing and
planned streets, to topographical conditions, to public convenience and safety,
in their appropriate relation to the proposed uses of the land to be served by
such streets and the most advantageous development of the surrounding neighborhood.
Private drives, roads or streets shall be prohibited.`
(2) 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.
(3) Minor streets shall be so laid out and arranged as to discourage
their use by through traffic.
(4) Where a subdivision abutts or contains an existing limited access
highway or freeway or parkway or proposed arterial street, the Council may re-
quire 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 pro-
tection of residential properties and to afford separation of through and local
traffic.
(5) Where a subdivision borders on or contains a railroad right -of -way,
expressway, drainage canal or waterway, the Council may require a street ap-
proximately parallel to and on each side of such right -of -way, at a distance
suitable for the appropriate use of the intervening land. Such distances
shall also be determined with due regard for the requirements of approach grades
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for future bridges or grade separations, as provided in the construction manual.
(6) Reserve strips controlling access to streets shall be prohibited
except where their control is definitely placed in the Village under conditions
approved by the Council.
(7) There shall be no private streets, lanes or ways, platted in any
subdivision. Every subdivided lot or property shall be served from a pub-
licly dedicated street.
(8) Half or partial streets shall not be permitted except where essential
to reasonable subdivision of a tract in conformance with these regulations and
where, in addition, satisfactory assurance for dedication of the remaining part
of the street is provided. Wherever a tract to be subdivided borders on an
existing half or partial street the other part of the street shall be dedicated
within such tract.
(9) 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 deadend street is of a temporary na-
ture a similar turn around may be required and provision made for future ex-
tension of street into adjoining property, as may be required by the Village
Manager.
(10) Cul -de -sacs, permanently designed as such, shall not exceed four
hundred (400) feet in length and be provided at the closed end (cul -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.
(11) Street jogs with center line off -sets of less than one hundred
twenty -five (125) feet shall be prohibited unless because of unusual condi-
tions the Village Manager determines that a lesser center line off -set is
justified.
(12) Curvilinear streets are recommended for residential, minor and
collector streets in order to discourage excessive vehicular speeds and to
provide attractive vistas.
(a) Whenever a street changes direction or connecting street lines de-
flect from each other by more than ten degrees there shall be a
horizontal curve.
(b) To ensure adequate sight distance, minimum center line radii for
horizontal curves shall be as follows:
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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 be provided between reverse
curves on collector streets and at least 250 feet long on major
and secondary arterial streets and sec•cio line roads.
(13) STREET INTERSECTIONS:
(a) Streets shall be leid out to intersect as nearly as possible
at right angles. No street shall intersect another at an
angle of less than 60 degrees, except at a "Y" intersection of
two minor streets.
(b) Multiple intersections involving junction of more than two
streets shall be prohibited except where found to be una-
voidable by the Council.
(c) As far as possible, intersections on arterial streets shall
be located not less than 800 feet apart, measured from cen-
ter 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 Manager where the angle of intersec-
tion is less than sixty degrees. The Village Manager(Engineer)
may permit comparable cut -offs or chords in place of rounded
corners.
(14) Unless otherwise indicated or required by a Major Street Plan,
street rights -of -way shall not be less than the followings
STREET TYPE RIGHT -OF -WAY - FEET
Primary
XMIM arterial street 4-00- 80
Secondary arterial or section line road -BO 60
4Q
Industrial Subdivision qp 80
Alleys 20
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(a) Additional right -of -way width may be required to promote public
safety and convenience, or to assure adequate access, circulation
and parking in high density residential areas, commercial areas
and industrial areas.
(b) Where a subdivision abutts or contains an existing street of in-
adequate right -of -way width, additional right -of -way in confor-
mance with the above standards may be required.
(15) A proposed new street which is in a_ with or a continua-
tion of an existing street shall have the same name as the existing street.
In no case shall new streets have names or numbers which duplicate or which
are phonetically similar to existing street names, regardless of the prefix
or suffix used as "Avenue" "Boulevard ", "Court ", "Crescent ", "Drive ", "Place"
"Street" or "Terrace ". All street names shall be subject to approval of the
Village Manager, which may require names easily recognizable.
SECTION 4. ALLEYS
(1) Alleys shall be provided to serve multiple dwellings, business,
commercial and industrial areas, except that the Council may waive this re-
quirement where other definite and assured provision is made for service
access, off - street loading, unloading and parking consistent with and ad-
equate for the uses permissible on the property.
(2) The width of an alley shall be twenty (20) feet or more.
(3) Changes in alignment of alleys shall be made on a center -line
radius of not less than 50 feet.
(4) Dead -end alleys shall be avoided where possible, but if unavoidable,
ehall be provided with adequate turnaround facilities for service trucks at
the dead end, with a minimum external diameter of 100 feet.
SECTION 5. EASEMENTS
(1) Easements across lots or centered on rear or side lot lines shall
be provided for public utilities where necessary and shall be at least 12
feet in width.
(2) Where a subdivision is traversed by a water course, drainage way,
canal or stream, there shall be provided a storm water easement or drainage
right -of -way conforming substantially with the lines of such water course,
and such further width of construction or both, as will be adequate for
the purpose. Parallel streets or parkways may be required in connection
therewith where necessary for service or maintenance and in accordance with
uniform standards.
(3) Easements may be required for drainage purposes of such size and
location as may be determined by the Village Manager.
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SECTION 6. BLOCKS
(1) The length, widths and shapes of blocks shall be determined with
due regard tos
(a) Provision of adequate buildingsites, suitable to the special needs
of the types of use contemplated.
(b) Zoning requirements as to lot sizes and d'_nensions.
(c) Needs for convenience and safe access, circulation, control of
pedestrian and vehicular traffic.
(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 by the Village
Manager and the Council.
(3) Pedestrian crosswalks, not less than 10 feet in width may be re-
quired through blocks over 900 feet in length where necessary in the judgment
of the Council to provide safe and convenient access to schools, playgrounds,
shopping centers, transportation or other community facilities.
SECTION 7. LOT REQUIREMENTS
(1) The lot size, width, depth, shape and orientation and the minimum
building setback lines shall be appropriate for the location of the subdi-
vision and for the type of development and use contemplated, lot dimensions
shall conform to the requirements of the Zoning Ordinance and Plan of the
Village and amendments thereto.
(2) Corner lots for residential use shall have extra width to permit
appropriate building setback from the orientation of both streets.
(3) Insofar as practicable, side lot lines shall be at right angles
to straight right -of -way lines or radial to curved right -of -way lines.
(4) Double frontage and reverse frontage lots, shall be avoided except
where desirable to provide separation of residential developments from traffic
arteries or to overcome specific disadvantages of orientation. A planting
screen easement of at least 10 feet and across which there shall be no right
of access, shall be provided along the line of lots abutting such a traffic
artery or other disadvantageous situation.
(5) Every lot shall abutt upon and have permanent access to a public street.
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.SECTION 8. ACCEPTANCE OF DEDICATION
t
The dedication of public spaces shall not constitute an acceptance of
the dedication by the Village Council and by an indication on the plat.
SECTION 9. SITES FOR PUBLIC USE
(1) All sites designated in subdivision plats for public parks and re-
creation areas shall be dedicated in the plat and also deeded to the Village
for this purpose. When a subdivision covers an area within which a park or
recreation site is shown in a Comprehensive Plan of the Village, provision
shall be made for the reservation of the site in the plat for a period of
one year to enable the Village to purchase or make satisfactory arrangements
for acquisition of said site. If the Village fails to act within one year,
the subdivider may replat the reserved site.
(2) The subdividers or owners shall make outright dedication to the
Village for park and recreational purposes at least four (4) per cent of the
gross area of said subdivision, said dedication to include parts or all of
park areas proposed in a Comprehensive Development Plan of the Village that
are located in said subdivision. In the event the subdivision is too small
for an acceptable park dedication or does not include a park area as shown
on a comprehensive plan, the owner may elect to pay unto the the Village of
Tequesta such sum of money equal in value to four (4) per cent of the gross
area of the subdivision, which sum shall be held in escrow and used by the
Village for the purpose of acquiring parks and playgrounds and shall be used
for no other purpose. The aforementioned value shall be the value of the land
subdivided without improvements. If agreement cannot be reached as to a
land value, the value shall be determined by arbitration. The Village Council
shall appoint a professional land appraiser, the subdivider shall appoint a
professional land appraiser; and these two shall appoint a third.
(3) When a subdivision covers an area within which the Board of Public
Instruction requires a school site, provision should be made in the subivi-
sion plat for such school site, properly intergrated into the plans of the
subdivision. Standard minimum site requirements shall be as follows:
Elementary School 10 acres
Junior or Senior High School 25 acres
Combined Elementary and High School 40 acres
When a school site has been designated in a plat the site shall be re-
served for a period of nne year from date of recording. If the Board of
Public Instruction fails to purchase the site, or to make arrangements sat-
isfactory to the subdivider for the acquisition of the site within the one
year period, the subdivider may replat the reserved school site.
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ARTICLE
IMPROVEMENTS PRE - REQUISITE TO FINAL APPR(VAL
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 fol-
lowing tangible improvements, in accordance with thy. plans and specifica-
tions approved by the Village Manager as are required in order to assure the
physical reality of a subdivision which approval and recordation will es-
tablish legally. All construction under this Article shall be subject to the
inspection of the Village Manager.
SECTION 1. PERMANENT REFERENCE MONUMENTS
(1) Monuments shall be placed at the intersection of center line of
all streets, angle points, points of curves in streets and at intermediate
points as shall be required by the Village Manager. The monuments shall be
of such material, size and length as may be approved by the Village Manager,
and he may, if deemed advisable, waive installation in certain instances.
(2) Permanent reference monuments shall be as required by the State
Plat Law.
SECTION 2. GRADING
All streets, cross -walks and alleys shall be graded to their full width
by the subdivider in accordance with the Village specifications. Due to
special topographical conditions deveation to the above will be allowed only
with special approval of the Village Mianager.
SECTION 3. STORM DRAINAGE - CURBS AND GUTTER
Curbs, gutters and adequate drainage system including necessary open
ditches, pipes, culverts, intersectional drains, inlets, bridges, etc.,
shall be provided for the proper drainage of all surface water, both with-
in the subdivision and to ultimate outfall. Cross drains shall be provided
to accommodate all natural water flow and shall be of sufficient length to
permit full width roadway and required slopes. Required drainage shall be
provided in accordance with standard specifications. Such construction shall
be subject to the inspection of the Village Manager and subjected to issuance
of permits.
SECTION 4. PAVING
All streets of the subdivision shall be paved by the subdivider in full
accordance with the specifications for paving officially adopted by the Village
20
of Tequesta. Such construction shall be subject to the inspection of the
Village Manager and subjected to issuance of permits. Minimum widths of all
pavings shall be not less than the followings
Primary
(a) i0flONONIMM Streets - I £"t. 24 feet
Secondary
(b) Streets - ANAWK 20 feet
(c) Arterial Streets - 40 feet or over. To be determined by the Council.
Any pavement costs in excess of 40 feet will not be imposed upon the
subdivider, but will be the responsibility of the Village, County or
State.
(d) Individual Streets - 40 feet.
SECTION 5. SIDEWALKS
Sidewalks shall be required in all residential, multiple family and
business areas and along all arterial highways. Sidewalks shall be five
(5) feet in width or greater.
SECTION 6. FILL
Fill shall be placed in the entire subdivision to the elevations, after
settlement, prescribed by the Village Manager. The type of fill shall be
satisfactory to and meet the approval of the Village Manager, who shall re-
quire soil test of the fill and the underlying material, in areas in which
streets or other public facilities are to be located. The fill for the
balance of the subdivision may be certified by a registered engineer es
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 properly connected with the Village water
supply system shall be provided as to adequately serve all lots shown on
the subdivision plat for both domestic use and fire protection. All ex-
tensions shall be subject to the approval of the Village Manager and the
Florida State Board of Health. All extensions shall conform with the gen-
eral water distribution plan for the Village.
£ACTION 8. SANITARY SEWERS
Where possible sanitary sewer mains properly connected with the city
sewerage system shall be provided. In addition to sewer mains, laterals
shall be installed to each platted lot and stubbed off at the property line
21
for future connection.
The sanitary sewer system shall also be subject to the approval of the
State Board of Health. The use of individual septic tanks, wherever a sewer
system may be connected to the Village sewerage system, shall not be permitted.
SECTION 9. STREET NAME SIGNS
Street name signs conforming to city speci;�ications shall be installed
at the intersection of all streets carrying the street names approved on the
subdivision plat. The type of signs and their location shall meet with the
approval and inspection of the Village Manager.
SECTION 10. ENGINEERING EXPENSES
The subdivider shall reimburse the Village for Engineering expenses incur-
red by the Village, directly related to the subdivision. Where the benefits
derived from Engineering studies and designs are general in scope and encompass
an area greater than that being platted, the costs shall be proportioned ac-
cording to the benefits derived. The amounts or proportions of the costs to
be borne by each area will be in accordance with formula provided by the
Village Manager.
ARTICLE VI. VARIANCES. SEVFRABILITY, PENALTY
SECTION 1. HARDSHIP
Where the Council finds that extraordinary hardships may result from
strict compliance with these regulations, it may recommend the variance of
the regulations so that substantial justice may be done and the public
interest secured§ provided that such variation will not have the effect of
nullifying the intent and purpose of a Comprehensive Development Plan, the
Zoning Ordinance or these regulations, and such variance is issued by the
Village Council.
SECTION 2. CONDITIONS
In granting variances and modifications, the Council may require such
conditions as will, in its judgment, secure substantially the objectives
of the standards or requirements so varied or modified.
SECTION 3. SEVERABILITY CLAUSE
If any section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be unconstitutional, void, invalid, the validity
of the remaining portions shall not be affected thereby.
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SECTION 4. PENALTY
Any person or persons, firm or corporation violating or failing to comply
with the terms and provisions specified herein, shall be upon conviction and
at the discretion of the Court, fined a sum not to exceed two hundred ($200.00)
dollars or by imprisonment not exceeding sixty (60) days, or by both fine and
imprisonment.
S ECTION 5. SPLE OF NON- PLATTED LOTS NOT PE RMITTED
No owner of a tract of real property shall sell lots from said tract with-
out first having said tract surveyed and recorded in accordance with these
regulations.
The Ordinance shall take effect upon its adoption and publication as
required by law. Authenticated this 11th day of December , A.D., 19 62 .
MAYOR
ATTEST:
VILLAGE CL RK