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ORDINANCE N0.18-13
AN ORDINANCE OF THE VILLAGE COUNCII. OF TI� YILLAGE 4F
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 62. PLANNING AND DEVELOPMENT, BY
AMENDING THIS CHAPTER TO PROVIDE INTERNAL
CONSISTENCY AND CONSISTENCY WIT�I THE VILLAGE'S
COMPREHENSIVE DEVELOPMENT PLAN, TO UPDATE CERTAIN
REFERENCES. TO STATE LAW, AND TO REPEAL THE
REQUIREMENT FOR AN ANNUAL CONCURRENCY REPORT;
PROVIDING THAT EACH AND EVERY O'THER SECTION AND
SUBSECTION OF CHAPTER 62. SHALL REMAIN IN FULL FORCE
AND EFFECT AS PREVIOUSLY .ADOPTED; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY
T4 CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the Village Council af the Village of Tequesta desires to amend the Village
Code of Ordinances at Chapter 62. Pianning and Develapment, to pmvide internal consistency
and consistency with the Village's Comprehensive Developmen# Plau, to upda.te certain
references to state law, and to repeal the requirement for an annual concurrency report; and
WHEREAS, the Village Council of the Village of Tequesta. believes it to be in the best
interests of the health, safety, and welfare of the citizens of the Village of Tequesta. that the
Village amend its planning and development ordinance as stated herein.
NQW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Sectian 1: Chapter 62. Planning and Develapment. of the Code of Ordinances of the
Village of Tequesta is hereby amended to provide internal consistency and consistency with the ,.
Village's Comprehensive Development Plan, to update certain references to state law, and to
repeal the requirement for an annual concurrency report; providing that Chapter 62 shall
hereaf�er read as follows:
Chapter 62.
PLANNING AND DE�ELOPMENT
ARTICLE I. - IN GENERAL
Sec. 62-1. — Sc one of land develovment re�atations
�is�et�. . . .
-— Safe nei h�rhood imnrovement districts,
Secs. 62 ,� �--b2-30. - Reserved.
Sec. 62-1._- Scone of land develonment re�ulatio�
(a) � keeni�� with the intent of the reauirements of F.S. �. 1�3.3161. the villa�e
�4u�ci1 deems i� annronriate to create and nrovide for 1 ex�stin�.prono� an�c
fu�� codes re�ulations and or inances that reeulate subdivide or affect �d
within the villa�e.
(b) �,��the intent to incl��de e i'� as weLl as n sed �d future vill e codes
p inancec_ 9nd certain coun�;y codeG_ re�� la ions �d ordinances
b eference. within the d devel n t re ' ns of the village.
� - S�fe neighborhood improvement districts.
(a} Authoriaed. Safe neighborhood improvement distxicts, as provided in hantex 163
F.S. ��rt,�y . . , may be established within the village.
(b) Method of establishment. The method of esta.blishing such safe neighborhood
improvement districts in the village may be by one or more of the methods
established in hanter 163 F.S. � . , . , .
'��, relating to local government impmvement districts.
Secs. 62 � �--b2-30. - Reserved.
ARTICLE II. - LOCAL PLANNING AGENCY
Sec. 62-3I. - Statutorv authoritv.
Sec. 62-32, - Desig�a.ti°n.
Sec. 62-33. - Duties.
Sec. 62-34. - Org,aniza�ion and rules of procedure.
S�. 52-35. - Meetings and records to bepublic;,,public participation.
Sec.62-36. Fundin�.
Sec. 62-37. - Not�ce.
Secs. 62-38---62-60. - Reserved. .
Sec. 62-31. - Statutory authority.
This article is enacted pursuant to and in accordance with provisions of F.S. §
163.3I74.
Sec. 62-32. • Designation.
The pianning and zoning advisory board is hereby designated as the local .
planr►ing agency for the incorporated. territory of the village.
S�. 62•33. - Duties.
The local planning agency shall conduct the village's comprehensive planning
program. Specifically, the local planning agency shall:
{a) �'repare the comprehensive pian or elements or portions thereof as well as
amendments thereto, and make recommendations to the village council
regazding the adoption of the plan or elements or portions thereof as well
as amendmezrts thereto.
(b) Morutor and oversee the ef�ectiveness and status of the comprehensive
plan, and recommend to the village council such changes in the
comprehensive plan as may :from time to time be required, including
preparation of the evatuation and appraisal report as may from time to
time be reqaired.
(c} Review proposed land development regutations, land development codes,
or amendments thereto, and make recommendations to the vi.11age council
as to the consistency of such pmpased regulations, codes or amendments
thereto with the adopted comprehensive plan. For purposes of t�is section,
"land develapment regulations" means ordinances enacted by the village
council for the regulation of any aspect of development and includes the
village's zoning code, subdivisian code, building code, sign code, and any
other code controlling the development of land including re-zoning and
district boundary changes.
(d} orm y ather functions. duties. and resnonsibilities assigned to it bv
the Villa¢ Cowncil or bv �eneral or sneciallaw.
Sec. 62 34. - Organization and rules of procedure.
The lc>cal planning agency sha11 fallow such rules af procedure, methods of
choosing officers, setting of public meetings, providing af financial support and
accomplishing its duties as provided in the Charter and the ordinances of the village.
Sec. 62-35. - Meetings and records to be pubtic; public participation.
All meetings of the local planning agency shall be public meetings, and all agency
r�cords sha1l be public records. The local planning agency sha11 encourage public
participation.
Scc. 62-36. - Funding.
The village council sha11 appropriate funds at its discretion for expenses necessary
for the preparation of the comgrehensive plan or etements ar portions thereof as well as
aznendments thereto and any necessary implementing ordinances. The local planning
agency may, in order to accomplish the purposes and activities required by the
Communitv Plannin�
Act (F.S. § 163.3161 et seq.), ex�nd all sums so appropriated
and other sums made avaiiable for use from fees, gifts, state or federal grants, state ar
federal loans and other sour�es, provided that acceptance of loans or grants mnst be
approved by the village council.
Scc. 62 37. - Naiice.
Notice of public hearing shall be advertised a minimum of ten days in advance of
a11 local planning agency public hearings in a newspaper of general circnlation in the
area.
Secs. d2-38--62-60. - Rese�ved.
ARTICLE III. - COMPREHENSIVE DEVELOPMENT PLAN
Se,c. 62-61. - Adopted.
Sec. 62-62. - Amendments adopted.
Secs. 62-b3--62-90. - Reserved.
Sec. 62-61. - Adopted.
Pursuant to the provisions of the Communitv Planning
' Act, F.S. § 163.3161 et seq.,
the village hereby adopts the Comprehensive Development Plan of the Village of
Tequesta, Florida A copy of the Comprehensive Development Plan of the Village of
Tequesta, Florida is .
a�s� on file in the viliage clerk's office.
Sec. 62-62. - Amendments adopted.
_ Pursuant to the pmvisions of the Commnnitv Pl
Act, F.S. § 163.3161 et seq.,
the village hereby adopts Comprehensive Development Plan Amendments for the Village
af Tequesta, Florida. � aAr-sep� of the Comprehensive Development Plan
Amendments for the Village of Tequesta, Florida, ' .
'� on fi1e in the village clerk's office.
Secs. 62-63-62-90. - Reserved.
ARTICLE IV. - ADEQUATE FACILITIES AND CONCURRENCY MANAGEMENT
DIVISIDNI. - GENERALLY
Sec. 62-91. - "ConcurrenCy" defined.
Sec. b2-92. - Level of service standards.
Sec. 62A3. - Exemptions.
Sec. G2-94. - Prolubited development
Sec. 62-95. - Concurrency determinations for redevelopment.
Secs. 62-96--62-120. - Reserved.
Sec. 62-91. - "Concurr+ency" defined.
As used in this article, the teim "concurrency" means that the necessazy public
facilities and services to maintain the adopted level of service standards are available
when the impacts of development occur.
Sec. 62-92. - Leve1 of aervice standards.
The following level of service standards ha.�re been adopted in the capital
improvements element of the camprehensive plan and shall be used by the village to
ensure concurrency of future development within the corporate limits of the village with
, #he provision of public facilities and services: �
1 Tr c roads and ri hts-� -w
Roadway Type {LOS) (LOS)
Standazd Feak
Collector* C D*Excevt Countrv Club Drive and Seabroo]�.�Zoad which are C
Urban minor arteriais C D
Principal arterials C D •
(2) Sanitary sewer. wastewater leve�Q�service standard of 108 �allons
uer ca ita ner dav is herebv adovted. and shall be used as the basis of
�stimal�� t�e availabilitv of canacitv and demand generated bv a rnovosed
1 m r'
��
�t� . .
�te�es3de$� 4�-1-ga�le�ae�e{�a� .
(3) Drainage. A public drainage facilities level of service standard of a 25-year
� frequency, 24-hou�r duration s�orm event is hereby adopted, and shall be used .
as the basis of estimating the availability of capacity and demand generated by
a proposed development project. As a general drainage requirement, each
proposed project and/or site shall maintain 95 percent of all stormwater runoff
on-site.
(4) Potable water. The following potabie water level of service standards are .
hereby adopted and sha11 be used as the basis for estimating the availability of
facility capacity and demand generated by a proposed development project:
a. Av e da water consum tian rate:
Residential .� � gallons/capita/day
b. Maximum da.p water consum fiion
Residential 1$Q �-54 gallons/capita/da.y
Nonresidential 3.030 �alions/acrelday
�
(5 Recreativn.
Classification Standard
(Area/Activity) (unit/population)
Neighborhoad parks 2 acres(1,400
Communiip parks 2 acres/1,000
Beaches 1 milel31,250
Golf courses 9 hales/30,000
Tennis 1 courtl2,500
Basketball 1 court12,500
Baseballlsoftball 1 field/7,200
FootbalUsoccer 1 field/4,8Q0
Playground azeas 1 acnel3,600
Beach access e,asements 1 pex'h mile of developed or redeveioped beach frontage
Sec. 62-93. - Ezemptions.
Individual single-family dwellings and duplexes shall be exempt from the
provxsions of this article if such single-family units and duplexes have been considered in
a previous sit� plan review. In addition, the vitlage may vest other development rights in
accordance with F.S. § 163.3167L8).
Sec. 62-94. - Prohibited developmen�.
No future development within the corporate limits of the village sha11 be approved
and no development order or permit, as defined by F.S. § 1d3.3164, shall be issued that
violates or exceeds the levei of service standards for public facilities and services, as set
forth in the capital improvements element of the village's comprehensive plan; provided,
however, that a development order or pernut may be issued if it is conditioned on
providing the public facilities and services n�essary to serve the proposed development,
and if provided by the applicant for the development order ar permit.
Sec. 62-95. - Concurrency determinations for redevelopmen�
{a) Redevelopment sha11 be exempt from concurrency deternunations relative to
tcansportationE, sanitary sewer, solid waste, potable water and recreation/open space,
provided the following conditions are met:
{I} Residential redevelopment: There is no increase in the density ar squaze
footage from that prior to redevelopmen�
(2} Nonresidential redevelopment: There is no increase in the squaze footage of
the buildings or intensity of use of the property from that prior to
redevelopment.
(U) Redevelvpment which is not determined to be exempt sha11 be subject to concunrency
determinations oniy with respect to those impacts in excess of #hat attributable to the
property prior to the radevelopment; except, however, that concurrency with respect
to the village's drainage level of service shall be determin� based upon the drainage
needs of the entire use of the property.
Secs. 62-96-62-120. - Reserved.
DIVISION2. - CONCURRENCYREQUIREMENTS
Sec 62-121. - Time of concurrency determinations in development ap roval rocess.
Sec. 62-122. - Adopted ievels of service not to be degraded.
Sec. 62-123. - Deternunarion of available capacitv.
Sec. b2-124. - Action upon failure to show available capacitv.
Sex. 62-125. - Burden of showing�com,pliance to be on developer.
Sec. 62-126. — Reserved �eg�r�.
Sec. 62-127. - Vested rights. �
Secs. 62-128--b2-15Q. - Reserved.
Sec. b2-121. -�'ime of concurrency determinations in development approval process.
(a) For single-faanily and twafamily development, conctarrency determinations shall be
made at the time a development permit application is made.
{b) For development requiring development plan approval, concurrency determinations
sha11 be made at the first stage in the development plan approvat process.
� Sec. 62-122. - Adopted levels of service not to be degraded.
(a) Generally.
(1) All applications for development orders shall ensure that the proposed
development does not degrade adapted levels of service in the village.
(2) An application for a development permit shall ensure that the proposed
development does not degrade adopted levels of service if there s�sts no �
development ordex wnder whi.ch the percnit is sought, and no development
order is required prior to the issuance of the permit, e.g., a residence on a
parcel of unplatfed land.
(3) T'he final determination regarding conciurency is at the issuance af the
development order. If no deveiopment order is required, the latest point to
determine cancurrency is the first development permit on a site.
(b) F,xception. Notwithstanding subsection (a) of this section, the prescribed levels of
service may be degraded during the actual construction of new facilities, if upon
completion of the new faciiities the prescribed levels of service will be met.
Sec. 62-123. - Determueation of available capacity.
For purposes af tliis division, the availabie capacity of a facility shall be
determined by:
(1) Adding together:
a. The total capacity of e�sting facilities operating at the required level
of service; and
b. The total capacity of new :facilities, if any, tkaY will become avaiiable
on or before the date of occupancy of the development. Tlze capacity
af new facilities may be counted only if one or more of the following
is shown:
1. Construction of the new facilities is underway at the time of
issuance of the development order.
2. The new facilities aze the subject of a binding executed
eantract for the construction of the facilities or the provision of
se�rvices at the time of issuance of the development order.
3. The new faciIities are �uaranteed in an enforceable
development agreement. An enforceable development
agreement may include, but is nat limited to, development
a,greements pursuant to F.S. § 163.322Q, or an agreement or
development order pursuant to F.S. ch. 380. Such facilities
shall be consistent with the capital improvements element of
the village comprehensive plan. The agreement must guarantee
thax the necessary facilities and services will be in place when
the impacts of the development occur.
(2) Sabtracting fram that number the sum of:
� a. The demand for the service or facility created by e�sting development
as documented in the village comprehensive plan; and
b. The demand for the service or facility crea#ed by the anticipated
completion of other approved developments, redevelopment, or other
development activity.
Sec. 62-124. - Action upon failure to show available capacity.
Where available capacity cannot be shown, the following methods may be used to
maintain adop�ed levels of service:
(1} The owner or developer may provide the necessary improvements to maintain
levels of service. In such aase, the application shall include appropriate plans
for improvements, documentation tha� such improvements are designed to
pravide the capacity necessary to achieve or maintain the levels of service,
and recordable instruments guazanteeing the construction, consistent with
ca�culations af capacity set forth in sec�ian 62-123(1) and (2). �
(2} The proposed development may be altered such that the projected levels af
. service aze no less than the adopted leveis of service.
Sec. bZ-125. - Burden of showing compliance to be on developer.
The burden of showing compliance with level of service requirements shall be
upon the developer. In order to be approved, applications for development approval shall
provide sufficient information showing compliance with these standards.
Sec. GZ-12b. — P� �a�--�e�e�.
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Sec. 62-127. - Vested rights.
A development order or right rnay be determined to be vested pursuant to an
administrative procedure established by the village council based on the owner's or
applicant's demonstraiion through presentation af competent, substantial evidence that he
acted in good faith and in reasonable xeliance upon some act or omission of the village
and has made a substantial change in pasition and has incurred extensive obligaxions or
expenses based upon that act or omission. A land use designation in a prior
comprehensive plan, or a zoning designation, is nat sufficient to constitute an act or
omission of the village. The ireatment of similar cases by state courts, as reviewed by the
viIlage attorney, as well as recommendations of staff, shall be relevant to the
. deternunation of the extent vested ri�hts are established, if any. A vested rights
determination pursuant to F.S. ch. 163 sha11 be deemed to be an action taken on a
development order and shali be subject to challenge in the manner pmvided in F.S. §
1b3.3215.
Secs. 62-128--62-150. - Reserved. .
ARTiCLE V. - DEVELOPM��IYT AGREEMENTS
Sec 62-151 - Ri t of village to require development ag,�eement public hearin�s; notice of
inten�
Sec. 62-152. - Required information and cantents. �
Sec. 62-153. - Duration.
Sec 6 2 154 Consi stencv with comt�rehensive nlan and land develop re�ulations;
neriodic. review �
Sec 62-155 - Canformance with anplicable laws and ordinances.
Sec. 62-156. - Amendment or cancellation.
Sec: 62-157. - Recordin�.
Sec 62-158 - Compliance with subsequentl�enacted state or federal laws.
Secs. 52-159—f2-180. - Reserved.
Sec. 62-251. - Right of village to require development agreement; public hearings; natice
of inten�.
(a) Right of viltage to require development agreement; hearings The village may
r�uire as a condition of approval of any development considered by the village
council that a development agreement be prepared and executed by the applicant
for the deveiopmen� Before entering into, amendi.ng, or revoking any
development agreement for a development as defined in the comprehensive plan
of the village, the village shall conduct two public hearings.
(b) Notice of inteni:
(1) Notice of intent to consider a development agreement sha11 be advertised
seven days before each public heazing in a newspaper of general
circulation and be maiied before the first public hearing to all affected
property owners that reside within the village within 300 feet of the
property subject to the application. The da.y, time, and place at which the
second public hearing will be held sha11 be announced at the first public
heazing. All advertising costs shall be borne by the applicant.
(2) The notice shall specify the location of the land subject to the development
agreement, the development uses proposed on the pmperty, the proposed
population densities, and the praposed buiiding intensities and shall
specify a place where a copy of the pioposed agreement can be obtained.
Sec. 62-152. - Required informatian and contents.
(a) A development agreement submitted to the village for consideration shall include
the following:
(1) A legal description of the land subj ect ta the deveiopment agreement and
the names of its legat and equitable owners.
{2) The duration of the development agreement.
(3) The development uses pernutted on the land, including population
densities, building intensities and height.
(4j A description of public facilities that will service the development,
ineluding who will provide such facilities, the date any new facilities, if
needed, will be constructed, and a scheduie to ensure that public facilities
are available concwrrent with the impacts of development.
(5} A description of any reservation or dedication of land for public purposes
� on the property subject to the development agreemen�
(b) A description of all approved development per�nits or permits which need
to be approved for the development of the lands.
(7j A findi.ng that the development permitted or proposed is consistent with
the comprehensive plan and land development regulations of the village.
(8) A descripYion of any conditions, tetms, restrictions or other requirements
determined ta be necessaiy by the village for the public health, sa.fety or
welfare of its citizens.
(9) A statement indicating that the fa.ilure of the development agreement to
address a particular permit, conditi.on, term or resirictian shall not relieve
the developer of the necessity of complying with any law governing such
permitting requirements, conditions, terms or restr�ctions.
(b) The village may require that a development agreement provide that the entire
development or any phase fhereof be commenced or completed within a specified
period of time.
{c) Consideration of a development agreement by the village shall not in any way be
considered as consideration of an application to amend the comprehensive plan of
the village.
" Sec. 62-153. - Dnration.
The duration of a development agreement sha11 not exceed five years, and may be
extended by the mutual consent of the parties subject tn the public hearing requirements
as set forth in section 62-151.
Sec. 6Z-154. - Consistency with comprehensive plan and land development regulations;
periodic review.
(a) � development agreement and authorized development shall be cansistent with
the comprehensive plan and land development reguiations o€the village.
(b} The village sha11 review the land subject to the development agreement at least
once every 12 months ta determine whether there has been good faith compliance
with the terms af the development agreemen� If the village finds on the basis of
substantial competent evidence there has been a failure to comply with the terms
of the development agreement, the agreement may be revoked or modified by the
village pursuant ta a public hearing as set forth in section 62-I51
Sec. 62-155. - Conformance with applic�ble laws �nd ordinances.
(a} The development of land shall be govemed by the provisions of tlus Code in
existence at the time of the execution of the development agreement and all
applicable state and federai laws.
(b) The village may apply subsequently adopted laws and poiicies to a development
that is subject to a development agreement if the village has held a public hearing
and determined:
(1) The subsequent laws or policies are not in conflict with the laws and
policies in existence at the tirne of execution of the deveiopment
agreement and do not prevent development of the land uses, intensities or
densities in the development agreement;
(2) The suhsequent laws or policies are essential to the �ublic health, safety or
welfare and expressly state that they shall apply to the development that is
subject to development agreernent;
(3) The subsequent laws or policies aze specifically anticipated and provided
for in the development agreement;
(4) The village demonstrates that substantial changes have occurred in
perti.nent conditions e�usting at the time of approval of #he development
agreement; or
(5) The development agreement is based on substantially inaccurate
information supplied by the developer.
Sec. 62-136. - Amendment or cancellation.
A development agreement may be amended or cancelled by the mutual consent of
the parties to the development agreement or by their succ,�ssors or assigns.
Sec. 62-157. - Recording.
Within 14 days after the village enters into a development agreement, the village
shall record the agreement with the clerk of the circuit court in the county. A copy of the
recorded development agreement shall be submitted to the state land planning agency
within 14 days after the agreement is recorded. The provisions of the development
agr�ment shall be binding upon and the benefits of the agreement sha.11 i�nure to a11
successors in interest to the parties to the agreement.
Sec. 62-158. - Compliance witL subsequently enacted state or fcdcral Isws.
� If state or federal laws are enacted after the execution of a development
agr�ement which are applicable to preclude the parties' compliance with the terms of the
development agreement, such agreement shall be modified or ravoked as is necessary to
comply with the relevant staxe or federat laws.
Secs. 62-159—b2-180. - Reservcd.
ARTICLE VI. - LAND DEVELOPMENT FEES
Sec. 62-181. - Fee schedule adopted.
Sec. 62-182. Administrative costs.
Sec. 62-183. - Additional costs.
Sec. 52-181. - Fee schedule adopted.
(a) The application and filing fee schedule is hereby adopted Provisions cantained in
such schedule shail constitute the fees charged by the village for various land
development activities. Such fees shall cover all administrative costs and
additional costs incurred by the village as part of and during the p�ocessing and
review of the various activities.
(b} The purpose of the fee schedule is tr� provide a centralized listing which
establishes a range of fees and charges as determined by the village and
administered by the buil.ding official in the processing and review of applications
for acrivities such as, but not lnruted to, land development The schedule may,
from time to time, be amended by the village councii.
Sec. 62-182. - Admunistrative costs.
To cover a11 administrative costs incurred by th� viliage, the applicant shall pay a
fee as detemiined by the building afficial in accordance with the fee schedule adopted by
this ariicle.
Sec. 62-183. - Additional costs.
To cover ali additional administrative costs, actual or anticipated, including but
� not limited to engineering fees, consultaut fees and special studies, whic �are not
ca�tured bv th�e aanlication fee. the applicant shall r+�mbiuse �ete the village for
all such costs not later than 30 days after
��gy�c� b,y the Villa�e ,
, Fait�r� rn mak� s�ch nayment mav be srounds for not issuin�
a b�c►r zoning nermi� or certificate a�ccunancv or comnle�oz�.
Section 2: Each and every other Sectian and Subsection o€ Chapter 62. Pianning and
Development� shall remain in full force and effect as previously adopted.
Section 3: All ordinances ar parts of ordinances in conflict be and the same are
hereby repealed.
Scction 4: Should any section or provisian of this Ordinance or any portion thereof,
any paragraph, sen#ence or word be declared by a court of competent jurisdiction to be invatid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shail take effect immediately upon passage.