HomeMy WebLinkAboutOrdinance_18-13_08/08/2013 ORDINANCE NO. 18-13
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 62. PLANNING AND DEVELOPMENT, BY
AMENDING THIS CHAPTER 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 EACH AND EVERY OTHER 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
TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the Village Council of the Village of Tequesta desires to amend the Village
Code of Ordinances at Chapter 62. Planning and Development, to provide internal consistency
and consistency with the VilIage's Comprehensive Development Plan, to update 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.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 62. Planning and Development. 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
hereafter read as follows:
Chapter 62.
PLANNING AND DEVELOPMENT
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ARTICLE I. - IN GENERAL
Sec. 62 -1. –Scope of land development regulations
Sec. 62 -2.– Safe neighborhood improvement districts.
Secs. 62 -3 - 62 -30. - Reserved.
Sec. 62 -1 Scope of land development regulations.
(a) In keeping with the intent of the requirements of F.S. § 163.3161, the village
council deems it appropriate to create and provide for all existing, proposed, and
future codes, regulations and ordinances that regulate, subdivide or affect land
within the village.
(b) It is the intent to include existing as well as proposed and future village codes,
regulations and ordinances, and certain county codes, regulations and ordinances
by reference, within the land development regulations of the village.
Sec. 62 -2. - Safe neighborhood improvement districts.
(a) Authorized. Safe neighborhood improvement districts, as provided in Chapter 163
F.S. Part IV, may be established within the village.
(b) Method of establishment. The method of establishing such safe neighborhood
improvement districts in the village may be by one or more of the methods
established in Chapter 163 F.S. Part IV, relating to local government
improvement districts.
Secs. 62 -3 - 62 -30. - Reserved.
ARTICLE II. - LOCAL PLANNING AGENCY
Sec. 62 -31. - Statutoryauthority.
Sec. 62 -32. - Designation.
Sec. 62 -33. - Duties.
Sec. 62 -34. - Organization and rules of procedure.
Sec. 62 -35. - Meetings and records to be public; public participation.
Sec. 62 -36. - Funding.
Sec. 62 -37. - Notice.
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. §
163.3174.
Sec. 62 -32. - Designation.
The planning and zoning advisory board is hereby designated as the local
planning agency for the incorporated territory of the village.
Sec. 62 -33. - Duties.
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The local planning agency shall conduct the village's comprehensive planning
program. Specifically, the local planning agency shall:
(a) Prepare the comprehensive plan or elements or portions thereof as well as
amendments thereto, and make recommendations to the village council
regarding the adoption of the plan or elements or portions thereof as well
as amendments thereto.
(b) Monitor and oversee the effectiveness 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 evaluation and appraisal report as may from time to
time be required.
(c) Review proposed land development regulations, land development codes,
or amendments thereto, and make recommendations to the village council
as to the consistency of such proposed regulations, codes or amendments
thereto with the adopted comprehensive plan. For purposes of this section,
"land development regulations" means ordinances enacted by the village
council for the regulation of any aspect of development and includes the
village's zoning code, subdivision code, building code, sign code, and any
other code controlling the development of land including re- zoning and
district boundary changes.
(d) Perform any other functions, duties, and responsibilities assigned to it by
the Village Council or by general or special law.
Sec. 62 -34. - Organization and rules of procedure.
The local planning agency shall follow such rules of procedure, methods of
choosing officers, setting of public meetings, providing of 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 public; public participation.
All meetings of the local planning agency shall be public meetings, and all agency
records shall be public records. The local planning agency shall encourage public
participation.
Sec. 62 -36. - Funding.
The village council shall appropriate funds at its discretion for expenses necessary
for the preparation of the comprehensive plan or elements or portions thereof as well as
amendments thereto and any necessary implementing ordinances. The local planning
agency may, in order to accomplish the purposes and activities required by the
Community Planning Act (F.S. § 163.3161 et seq.), expend all sums so appropriated and
other sums made available for use from fees, gifts, state or federal grants, state or federal
loans and other sources, provided that acceptance of loans or grants must be approved by
the village council.
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Sec. 62 -37. - Notice.
Notice of public hearing shall be advertised a minim of ten days in advance of
all local planning agency public hearings in a newspaper of general circulation in the
area.
Secs. 62- 3"2 -60. - Reserved.
ARTICLE III. - COMPREHENSIVE DEVELOPMENT PLAN
Sec. 62 -61. - Adopted.
Sec. 62 -62. - Amendments adopted.
Secs. 62- 63- 62 -90. - Reserved.
Sec. 62-61. - Adopted.
Pursuant to the provisions of the Community 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 on file in the village clerk's office.
Sec. 62-62. - Amendments adopted.
Pursuant to the provisions of the Community Planning Act, F.S. § 163.3161 et
seq., the village hereby adopts Comprehensive Development Plan Amendments for the
Village of Tequesta, Florida. Copies of the Comprehensive Development Plan
Amendments for the Village of Tequesta, Florida are on file in the village clerk's office.
Secs. 62-63--62-90. - Reserved.
ARTICLE IV. - ADEQUATE FACILITIES AND CONCURRENCY MANAGEMENT
DIVISION]. - GENERALLY
Sec. 62 -91. - "Concurrency" defined.
Sec. 62 -92. - Level of service standards.
Sec. 62 -93. - Exem t� ions.
Sec. 62 -94. - Prohibited development.
Sec. 62 -95. - Concurrency determinations for redevelopment.
Secs. 62 -96-62 -120. - Reserved.
Sec. 62 -91. - "Concurrency" defimed.
As used in this article, the term "concurrency" means that the necessary public
facilities and services to maintain the adopted level of service standards are available
when the impacts of development occur.
Sec. 62 -92. - Level of service standards.
The following level of service standards have been adopted in the capital
improvements element of the comprehensive plan and shall be used by the village to
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ensure concurrency of future development within the corporate limits of the village with
the provision of public facilities and services:
(1 ) Tra c roads and rights-of-way).
Roadway Type (LOS) (LOS)
Standard Peak
Collector* C D, *Except Country Club Drive and Seabrook Road which are C
Urban minor arterials C D
Principal arterials C D
(2) Sanitary sewer. A central wastewater level of service standard of 108 gallons
per capita per day is hereby adopted, and shall be used as the basis of
estimating the availability of capacity and demand generated by a proposed
development project.
(3) Drainage. A public drainage facilities level of service standard of a 25 -year
frequency, 24 -hour duration storm event is hereby adopted, and shall be used
as the basis of estimating the availability of capacity and demand generated by
a proposed development project. As a general drainage requirement, each
proposed project and/or site shall maintain 95 percent of all stormwater runoff
on -site.
(4) Potable water. The following potable water level of service standards are
hereby adopted and shall be used as the basis for estimating the availability of
facility capacity and demand generated by a proposed development project:
a. Average day water consumption rate:
Residential 175 gallons/capita/day :J
b. Maximum da water consumption (including irrigation):
Residential 180 gallons /capita/day
Nonresidential 3,030 gallons /acre /day
5) Recreation.
Classification Standard
(Area/Activity) (unit/population)
Neighborhood parks 2 acres/1,000
Community parks 2 acres /1,000
Beaches 1 mile/31,250
Golf courses 9 holes /30,000
Tennis 1 court/2,500
Basketball 1 court/2,500
Baseball/softball 1 field/7,200
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Football/soccer 1 field/4,800
Playground areas 1 acre/3,600
Beach access easements 1 per 1 /2 mile of developed or redeveloped beach frontage
Sec. 62 -93. - Exemptions.
Individual single - family dwellings and duplexes shall be exempt from the
provisions of this article if such single - family units and duplexes have been considered in
a previous site plan review. In addition, the village may vest other development rights in
accordance with F.S. § 163.3167(5).
See. 62 -94. - Prohibited development.
No future development within the corporate limits of the village shall be approved
and no development order or permit, as defined by F.S. § 163.3164, shall be issued that
violates or exceeds the level 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 permit may be issued if it is conditioned on
providing the public facilities and services necessary to serve the proposed development,
and if provided by the applicant for the development order or permit.
Sec. 62 -95. - Concurrency determinations for redevelopment.
(a) Redevelopment shall be exempt from concurrency determinations relative to
transportation, sanitary sewer, solid waste, potable water and recreation/open space,
provided the following conditions are met:
(1) Residential redevelopment: There is no increase in the density or square
footage from that prior to redevelopment.
(2) Nonresidential redevelopment: There is no increase in the square footage of
the buildings or intensity of use of the property from that prior to
redevelopment.
(b) Redevelopment which is not determined to be exempt shall be subject to concurrency
determinations only with respect to those impacts in excess of that attributable to the
property prior to the redevelopment; except, however, that concurrency with respect
to the village's drainage level of service shall be determined based upon the drainage
needs of the entire use of the property.
Secs. 62- 96--62 -120. - Reserved.
DIVISION 2 - CONCURRENCY REQUIREMENTS
Sec. 62 -121. - Time of concurrency determinations in development approval process.
Sec. 62 -122. - Adopted levels of service not to be degraded.
Sec. 62 -123. - Determination of available capacity.
Sec. 62 -124. - Action upon failure to show available capacity.
Sec. 62 -125. - Burden of showing compliance to be on developer.
Sec. 62 -126. — Reserved Anmw- repeA.
Sec. 62 -127. - Vested ri ghts.
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Secs. 62- 12"2 -150. - Reserved.
Sec. 62 -121. - Time of concurrency determinations in development approval process.
(a) For single- family and two- family development, concurrency determinations shall be
made at the time a development permit application is made.
(b) For development requiring development plan approval, concurrency determinations
shall be made at the first stage in the development plan approval 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 adopted 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 exists no
development order under which the permit is sought, and no development
order is required prior to the issuance of the permit, e.g., a residence on a
parcel of unplatted land.
(3) The final determination regarding concurrency is at the issuance of the
development order. If no development order is required, the latest point to
determine concurrency is the first development permit on a site.
(b) Exception. 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 facilities the prescribed levels of service will be met.
Sec. 62 -123. - Determination of available capacity.
For purposes of this division, the available capacity of a facility shall be
determined by:
(1) Adding together:
a. The total capacity of existing facilities operating at the required level
of service; and
b. The total capacity of new facilities, if any, that will become available
on or before the date of occupancy of the development. The capacity
of 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 are the subject of a binding executed
contract for the construction of the facilities or the provision of
services at the time of issuance of the development order.
3. The new facilities are guaranteed in an enforceable
development agreement. An enforceable development
agreement may include, but is not limited to, development
agreements pursuant to F.S. § 163.3220, 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
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that the necessary facilities and services will be in place when
the impacts of the development occur.
(2) Subtracting from that number the sum of-
a. The demand for the service or facility created by existing development
as documented in the village comprehensive plan; and
b. The demand for the service or facility created 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 adopted levels of service:
(1) The owner or developer may provide the necessary improvements to maintain
levels of service. In such case, the application shall include appropriate plans
for improvements, documentation that such improvements are designed to
provide the capacity necessary to achieve or maintain the levels of service,
and recordable instruments guaranteeing the construction, consistent with
calculations of capacity set forth in section 62- 123(1) and (2).
(2) The proposed development may be altered such that the projected levels of
service are no less than the adopted levels of service.
Sec. 62 -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. 62 -126. – Reserved.
Sec. 62 -127. - Vested rights.
A development order or right may be determined to be vested pursuant to an
administrative procedure established by the village council based on the owner's or
applicant's demonstration through presentation of competent, substantial evidence that he
acted in good faith and in reasonable reliance upon some act or omission of the village
and has made a substantial change in position and has incurred extensive obligations or
expenses based upon that act or omission. A land use designation in a prior
comprehensive plan, or a zoning designation, is not sufficient to constitute an act or
omission of the village. The treatment of similar cases by state courts, as reviewed by the
village attorney, as well as recommendations of staff, shall be relevant to the
determination of the extent vested rights are established, if any. A vested rights
determination pursuant to F.S. ch. 163 shall be deemed to be an action taken on a
development order and shall be subject to challenge in the manner provided in F.S. §
163.3215.
Secs. 62- 128-62 -150. - Reserved.
ARTICLE V. - DEVELOPMENT AGREEMENTS
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Sec. 62 -151. - Right of village to require development agreement; public hearings; notice of
intent.
Sec. 62 -152. - Required information and contents.
Sec. 62 -153. - Duration.
Sec. 62 -154. - Consistency with comprehensive plan and land development re ations;
periodic review.
Sec. 62 -155. - Conformance with applicable laws and ordinances.
Sec. 62 -156. - Amendment or cancellation.
Sec. 62 -157. - Recording.
Sec. 62 -158. - Compliance with subsequently enacted state or federal laws.
Secs. 62- 159-62 -180. - Reserved.
Sec. 62 -151. - Right of village to require development agreement; public hearings; notice
of intent.
(a) Right of village to require development agreement; hearings. The village may
require 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 development. Before entering into, amending, 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 intent.
(1) Notice of intent to consider a development agreement shall be advertised
seven days before each public hearing in a newspaper of general
circulation and be mailed 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 day, time, and place at which the
second public hearing will be held shall be announced at the first public
hearing. 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 property, the proposed
population densities, and the proposed building intensities and shall
specify a place where a copy of the proposed agreement can be obtained.
Sec. 62 -152. - Required information and contents.
(a) A development agreement submitted to the village for consideration shall include
the following:
(1) A legal description of the land subject to the development agreement and
the names of its legal and equitable owners.
(2) The duration of the development agreement.
(3) The development uses permitted on the land, including population
densities, building intensities and height.
(4) A description of public facilities that will service the development,
including who will provide such facilities, the date any new facilities, if
needed, will be constructed, and a schedule to ensure that public facilities
are available concurrent with the impacts of development.
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(5) A description of any reservation or dedication of land for public purposes
on the property subject to the development agreement.
(6) A description of all approved development permits or permits which need
to be approved for the development of the lands.
(7) A finding that the development permitted or proposed is consistent with
the comprehensive plan and land development regulations of the village.
(8) A description of any conditions, terms, restrictions or other requirements
determined to be necessary by the village for the public health, safety or
welfare of its citizens.
(9) A statement indicating that the failure of the development agreement to
address a particular permit, condition, term or restriction shall not relieve
the developer of the necessity of complying with any law governing such
permitting requirements, conditions, terms or restrictions.
(b) The village may require that a development agreement provide that the entire
development or any phase thereof 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. - Duration.
The duration of a development agreement shall not exceed five years, and may be
extended by the mutual consent of the parties subject to the public hearing requirements
as set forth in section 62 -151.
See. 62 -154. - Consistency with comprehensive plan and land development regulations;
periodic review.
(a) A development agreement and authorized development shall be consistent with
the comprehensive plan and land development regulations of the village.
(b) The village shall review the land subject to the development agreement at least
once every 12 months to determine whether there has been good faith compliance
with the terms of the development agreement. 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 to a public hearing as set forth in section 62 -151
Sec. 62 -155. - Conformance with applicable laws and ordinances.
(a) The development of land shall be governed by the provisions of this Code in
existence at the time of the execution of the development agreement and all
applicable state and federal laws.
(b) The village may apply subsequently adopted laws and policies 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 time of execution of the development
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agreement and do not prevent development of the land uses, intensities or
densities in the development agreement;
(2) The subsequent laws or policies are essential to the public health, safety or
welfare and expressly state that they shall apply to the development that is
subject to development agreement;
(3) The subsequent laws or policies are specifically anticipated and provided
for in the development agreement;
(4) The village demonstrates that substantial changes have occurred in
pertinent conditions existing at the time of approval of the development
agreement; or
(5) The development agreement is based on substantially inaccurate
information supplied by the developer.
Sec. 62 -156. - 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 successors 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
agreement shall be binding upon and the benefits of the agreement shall inure to all
successors in interest to the parties to the agreement.
Sec. 62 -158. - Compliance with subsequently enacted state or federal laws.
If state or federal laws are enacted after the execution of a development
agreement which are applicable to preclude the parties' compliance with the terms of the
development agreement, such agreement shall be modified or revoked as is necessary to
comply with the relevant state or federal laws.
Sees. 62- 159 -42 -180. - Reserved.
ARTICLE VI. - LAND DEVELOPMENT FEES
Sec. 62 -181. Fee schedule adopted.
Sec. 62 -182. - Administrative costs.
Sec. 62 -183. - Additional costs.
Sec. 62 -181. - Fee schedule adopted.
(a) The application and filing fee schedule is hereby adopted. Provisions contained in
such schedule shall 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 processing and
review of the various activities.
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(b) The purpose of the fee schedule is to provide a centralized listing which
establishes a range of fees and charges as determined by the village and
administered by the building official in the processing and review of applications
for activities such as, but not limited to, land development. The schedule may,
from time to time, be amended by the village council.
Sec. 62 -182. - Administrative costs.
To cover all administrative costs incurred by the village, the applicant shall pay a
fee as determined by the building official in accordance with the fee schedule adopted by
this article.
Sec. 62 -183. - Additional costs.
To cover all additional administrative costs, actual or anticipated, including but
not limited to engineering fees, consultant fees and special studies, which are not
captured by the application fee, the applicant shall reimburse the village for all such costs
not later than 30 days after being invoiced by the Village. Failure to make such payment
may be grounds for not issuing a building or zoning permit, or certificate of occupancy or
completion.
Section 2: Each and every other Section and Subsection of Chapter 62. Planning and
Development. shall remain in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 4: 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 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon passage.
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Upon Second Reading this 8 day of August 2013, the foregoing Ordinance was offered by
Council Member Paterno who moved its adoption. The motion was seconded by Council
Member Okun and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Abby Brennan X
Vice -Mayor Vince Arena X
Council Member Steve Okun X
Council Member Tom Paterno X
Council Member Frank D'Ambra X
The Mayor thereupon declared the Ordinance duly passed and adopted this 8` day of August
2013.
C lii oBrenn TA
ATTEST:
�0 TE
Lori McWilliams, MMC _, SEAL
Village Clerk INCORPORATED
to
' umuen +"
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