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HomeMy WebLinkAboutOrdinance_29-13_10/10/2013 ORDINANCE NO. 29-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 66. SUBDIVISIONS, BY AMENDING THIS CHAPTER TO PROVIDE INTERNAL CONSISTENCY AND CONSISTENCY WITH THE VILLAGE'S COMPREHENSIVE DEVELOPMENT PLAN, TO UPDATE CERTAIN REFERENCES TO LOCAL PERMITTING AGENCIES, AND TO REPEAL THE FAIR SHARE FEE FOR PUBLIC SITES WHICH HAS BEEN MADE OBSOLETE BY CURRENT PARKS AND RECREATION IMPACT FEES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 66. 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 66. Subdivisions, to provide internal consistency and consistency with the Village's Comprehensive Development Plan, to update certain references to local permitting agencies, and to repeal the fair share fee for public sites which has been made obsolete by current parks and recreation impact fees; 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 subdivision ordinance as stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Chapter 66. Subdivisions. 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 local permitting agencies, and to repeal the fair share fee for public sites which has been made obsolete by current parks and recreation impact fees; providing that Chapter 66 shall hereafter read as follows: 1 Chapter 66. SUBDIVISIONS ARTICLE I. IN GENERAL Sec. 66 -1. Purpose. Sec. 66-2. Jurisdiction. Sec. 66 -3. Definitions. Sec. 66-4. Penalties. Secs. 66- 5- 66 -30. Reserved. Sec. 66 -1. 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 chapter are hereby found by the village 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. Sec. 66 -2. Jurisdiction. From and after the date of adoption, the regulations in this chapter shall govern subdivisions of land within the village limits and subdivisions about to be annexed to the village, and no subdivider may proceed with improvement or sale of lots in a subdivision until such subdivision plat shall have been approved and accepted as provided in this chapter. Sec. 66-3. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Building line means a line on a lot, generally, but not necessarily, parallel to a lot line or road right -of -way line, located a sufficient distance therefrom to provide the minimum yards required by chapter 78. The building line delimits the area in which buildings are permitted subject to all applicable provisions of chapter 78. Cul -de -sac means a street having one open end and being permanently terminated by a vehicular turnaround. Dedication means the deliberate appropriation of land by its owner for any general and public uses, reserving to himself no other right than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. Easement means a right -of -way granted for limited uses of private property for a public or quasipublic purpose. Lot means a tract or parcel of land identified as a single unit in a subdivision and intended for transfer of ownership, use or improvement. 2 Lot split means the subdivision of a single lot or parcel of land into two lots or parcels. Right -of -way means land reserved, used or to be used for a street, alley, walkway, drainage facility or other public purpose. Setback line means the distance between the street right -of -way line and the front wall of the main structure. In chapter 78 this distance is defined as the front yard. (This should not be confused with setback lines sometimes established by ordinance for the purpose of ultimate street widening, measured from the centerline of the right -of -way.) Sight distance means 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. Sketch plan means an informal plan indicating the salient existing features of the site and its surroundings as described in article II of this chapter and the general layout of a proposed subdivision. Street means a public way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, boulevard, lane, or place, or however designated. (1) Alley means a minor roadway which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street. (2) Arterial streets and highways means those which are used primarily for fast movement. (3) Collector or feeder streets means those which carry traffic from minor streets to the major system of arterial streets or highways, including the principal entrance streets for residential development and streets for circulation within such a development. (4) Expressway means 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. (5) Half street means a 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. (6) Marginal access street means minor streets which are parallel and adjacent to arterial streets and highways and which provide access to abutting properties and protection from traffic. (7) Minor street means residential streets used primarily for access to abutting property. (8) Parkway means streets with limited access on an exceptional right -of -way permitting marginal parkways for landscaping. Subdivider and developer mean a person who undertakes the activities covered by this chapter, 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 ensuring 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. Subdivision means the division of a parcel of land into three or more lots or parcels either by plat into lots and blocks or by metes and bounds description for the 3 purpose of transfer of ownership or development, or, if a new street is involved, any division of a parcel of land. A lot split shall not, for purposes of this chapter, be considered a subdivision. However, if a property becomes the subject of a lot split subsequent to the adoption of the ordinance from which this chapter is derived, any subsequent lot split involving the same parcel of land shall be subject to the subdivision requirements set forth in this chapter. Because all development orders and development permits issued by the village must be consistent with the village's comprehensive plan, and since adequate public facilities for transportation, sanitary sewer, potable water, drainage, solid waste disposal and recreation/open space must be available sufficient to maintain the village's adopted levels of service concurrent with the impacts of development, property owners in the village have no assurance that subdivision of lands in the village can be undertaken to the maximum extent that may be allowable under the provisions of chapter 78. Village staff means the various department heads and administrative personnel of the village. Sec. 664. Penalties. Violations of the provisions of this chapter or failure to comply with any of its requirements (including violation of conditions and safeguards established in connection with grants of variances or special exceptions), after notice by a village official, shall, upon conviction, be punished as provided in section 1 -14 or by any other lawful means available to the village, including the code enforcement special magistrate In addition, the person convicted shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Secs. 66- 5-- 66 -30. Reserved. ARTICLE II. PROCEDURE FOR PLAT APPROVAL DIVISION 1. GENERALLY Sec. 6.6 -31. Preapplication procedure; sketch plan. Secs. 66- 32--- 66-50. Reserved. Sec. 66-31. Preapplication procedure; sketch plan. (a) Before any preliminary plat is prepared, the subdivider or developer of any land within the corporate area of the village shall obtain a copy of the regulations in this chapter to become familiar with their various provisions and requirements. (b) A preapplication meeting shall be required with the building official and appropriate village staff, the landowner and/or representative, and other entity representatives deemed appropriate, prior to submittal of an application for subdivision sketch plan review, to ensure proper coordination, intention and understanding in the development of land and buildings and to consider compliance with applicable village regulations. (c) An application in proper form must be filed with the building official by the landowner or his authorized agent ten days prior to the next regular meeting of the 4 village council along with a filing fee in an amount as determined by ordinance of the village, which may be amended from time to time by the village council. (d) The subdivider shall submit to the department of community development, at least two weeks prior to a regular meeting of the village council, the original and ten copies of a sketch plan of the proposed subdivision for preliminary discussion to examine the scope of development contemplated, and its nature, and to explain how it will fit into the development pattern of the village. The sketch plan shall show the following features: (1) The location of the land or site to be subdivided and the approximate area thereof. (2) An indication of such natural features as unusual topography, low or swampy areas, rivers, lakes or waterways, mangroves, and environmentally sensitive land or habitat areas. (3) An indication of the proximity of such utilities as water, sewers, drainage, and electric light and power, and how the subdivision will be served by each. (4) The subdivision of existing lands, if any, surrounding or abutting the proposed site, notably the street pattern and adjacent subdivision lot layout. (5) The relationship of the proposed subdivision to existing community facilities which serve or influence it such as main traffic arteries, railways, waterways, shopping or commercial centers, schools, parks and playgrounds or any other physical features that will enable the village council to determine how the subdivision will fit into the pattern of the community as a whole. (6) Tentative lot and block lines, including proposed lot areas. Where a small or irregular tract of land will be created or may remain due to the development of a proposed subdivision, the village council may require that a practical plan for the development of the tract be submitted. Where a practical layout cannot be made, the village council may require revision of the proposed subdivision layout. (e) After review by the village staff, copies of the sketch plan will be forwarded to the village council for consideration. If the sketch plan is disapproved, the village shall retain one copy and instruct the subdivider not to proceed with the subdivision unless and until a plan has been approved by the village council. (f) Following the approval/approval with changes of the sketch plan, the subdivider may proceed to prepare a preliminary plat in accordance with the instructions contained in division 2 of this article. The subdivider may elect to combine the preliminary and final plat procedures. Sees. 66- 32-- 66-50. Reserved. DIVISION 2. PRELIMINARY PLAT Sec. 66 -51. Approval procedure. Sec. 66 -52. Procedure following ap ry oval. Secs. 66- 53- 66 -70. Reserved. Sec. 66 -51. Approval procedure. (a) Any person desiring to subdivide land who has fulfilled the pre- application procedures set forth in section 66-31 shall prepare a preliminary plat of the proposed 5 subdivision in accordance with the specifications and requirements as set forth in section 66 -101 (b) Certification shall be provided that the proposed subdivision meets the level of service standards and concurrency requirements of the village. Certification is to be provided by a professional engineer, registered in the state, and be prepared in a format that can be verified by the village. (c) The landowner and/or representative shall schedule a meeting with the building official, providing him with one copy of the proposed preliminary plat for review and the level of service and concurrency certification. (d) Upon completion of the building official's review, ten copies of the preliminary plat shall be filed with the department of community development at least two weeks prior to the village council meeting at which it is to be considered. (e) The village staff shall examine and check the preliminary plat for general engineering and the requirements of section 66 -52. The village staff shall check the preliminary plat for street numbering and naming and conformance with the development pattern of the village. The village staff shall forward to the village manager nine copies of the plat with their approval or recommended changes. (f) The village council shall review the recommendations of the village staff. In its consideration of the preliminary plat, the village council may call upon an engineer, representatives of the various utility companies, planning consultants, and other interested agencies for information as to how the site of the proposed subdivision can be served with utilities, drainage facilities, parks, schools and other appropriate infrastructure. (g) If the village council approves the plat conditional upon modifications, corrections, or changes, the plat shall be altered by the subdivider to conform to such modifications. Sec. 66 -52. Procedure following approval. (a) Upon receipt of an approval letter from the department of community development acknowledging preliminary plat approval by the village council, the subdivider may proceed with the preparation of construction plans and specifications for the following minimum improvements and with the preparation of the final plat: (1) Street grading and paving, curb and gutter, sidewalks/pathways, and crosswalks. (2) Stormwater /drainage facilities. (3) Water supply and fire hydrants. (4) Sanitary sewers. (5) Street name signs. (6) Control signs and markings. (7) Permanent reference monuments. (8) Electrical service. (9) Cable antenna television (CATV) service. (10) Telephone service. (11) Street lighting layout. (b) Prior to the construction of any improvements, the subdivider shall furnish the village with five copies of all construction plans, information and data necessary to determine the character of the site improvements contemplated for compliance with 6 the minimum standards and specifications of the village for such improvements. Street, drainage, sewer and other utility plans shall be prepared by a professional engineer registered in the state. (c) The village shall provide the subdivider and his engineer copies of the village land development regulations, including the final acceptance checklist, so that they may become familiar with and incorporate into the construction plans the various village requirements as indicated on the checklist. Secs. 66- 53-- 66 -70. Reserved. DIVISION 3. FINAL PLAT Sec. 66 -71. Procedure for tentative approval. Sec. 66 -72. Procedure following tentative approval; final approval and recording. Secs. 66 -73-66 -100. Reserved. Sec. 66 -71. Procedure for tentative approval. (a) Within six months after approval of the preliminary plat, ten copies of the final plat shall be submitted to the village for its examination and approval. Preliminary approval shall terminate after six months; however, an extension of time may be granted by the village council upon written request. (b) The final plat shall conform substantially to the preliminary plat as approved, and if desired by the subdivider it may constitute only that portion of the approved preliminary plat which he proposes to develop and record at the time, provided however, that such portion conforms to all the requirements of this chapter. (c) The village staff shall examine the final plat for conformance with the preliminary plat with regard to individual responsibilities, and within 30 days shall notify the village manager of their findings in writing. The village manager shall submit the final plat for review by the village council within 15 days upon receiving the plat from staff. (d) After certification of the final plat by the village staff and 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 or, in lieu thereof, the deposit of cash equal to 110 percent of the construction costs estimated by the village staff or the filing of a surety bond conditioned to secure the construction of required improvements. (e) The certification of the staff and manager 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 and one copy shall be retained by the village. Sec. 66-72. Procedure following tentative approval; final approval and recording. (a) Upon the finding by the village council that the subdivider has complied with the applicable state, county, and village laws and the provisions of this chapter, and the village 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: 7 (1) File with the village a surety bond conditioned to secure the construction of the improvements listed in article VI of this chapter in a satisfactory manner and within a time period specified by the village council, such period not to exceed one year. However, the village council shall have the authority to extend this time. The bond shall be executed by a surety company authorized to do business in the state and having a resident agent in the county. No such bond shall be accepted unless it is enforceable by or payable to the village in a sum at least 110 percent of the cost of constructing the improvements as estimated by the village and in form with the surety and conditions approved by the village attorney; or (2) Deposit with the village or place in escrow cash, a cashier's check or a certified check in an amount of 110 percent of the cost of construction of the improvements as estimated by the village. Estimates for the costs of such improvements shall be provided by the subdivider, which shall have been certified by a licensed engineer registered in the state. (b) Following receipt of the surety deposit or notification by the village staff that all improvements have been installed, whichever occurs first, the village council may give final approval to the final plat and cause the plat to be properly executed. (c) After final approval by the village council, the subdivider shall file a true copy of the plat as approved, within 60 days from the date of such approval, with the clerk of the circuit court of the county. (d) When the plat has been recorded, a reproducible and five copies thereof shall be filed with the village. (e) No building permit shall be issued until the final plat has been recorded in the office of the clerk of the circuit court of the county. No temporary or final certificate of occupancy shall be issued until all physical improvements serving the property have been installed in accordance with article VI of this chapter. Secs. 66- 73--66 -100. Reserved. ARTICLE III. PLAT REQUIREMENTS Sec. 66 -101. PrelimiM plat. Sec. 66 -102. Final plat. Secs. 66- 103-66 -130. Reserved. Sec. 66 -101. Preliminary plat. (a) The preliminary plat shall be drawn to a scale of not more than 100 feet to the inch, provided, however, that a scale of 200 feet to the inch may be used for large areas, and shall show the following: (1) Proposed subdivision name or identifying title, which shall not duplicate or closely approximate the name of any other subdivision in the county. (2) Location sketch related to the village limits. (3) North point, graphic scale and date. (4) Name of the owner of the property or his authorized agent, and also the names of mortgagees. 8 (5) Name of the registered professional engineer and/or surveyor responsible for the plat. (6) Locations and names of adjacent subdivisions. (7) Boundary line of the tract to be subdivided drawn accurately to scale and with accurate linear and angular dimensions. (8) All existing watercourses, drainage ditches, canals and bodies of water on or adjacent to the proposed subdivision. (9) All existing buildings on the proposed subdivision and all existing sewers, water mains, culverts, fire hydrants, and underground or aboveground utilities on or adjacent to the proposed subdivision. (10) All existing streets and alleys on or adjacent to the tract, including name, right -of -way width and pavement width. Existing streets shall be dimensioned to tract boundaries. (11) All existing property lines, easements and rights -of -way and the purpose for which the easements or rights -of -way have been established. (12) Location and width of all proposed streets, alleys, rights -of -way, and easements, purpose of easements, and proposed lot lines for each street. (13) Setback lines shall be shown when required by the village. (14) Sites, if any, to be reserved or dedicated for parks, playgrounds, conservation easement areas, or other public uses. (15) Sites, if any, for multiple - family dwellings, shopping centers, churches, or other nonpublic uses exclusive of single - family dwellings. (16) Locations and size of proposed water, sewer, drainage facilities, fire hydrants and other utilities on the land to be subdivided and on land within 100 feet thereof. (17) Site data, in tabular form, including number of residential lots, typical lot sizes and areas, and areas in parks, etc. (18) Space and forms for the following signatures indicating approval: a. Dedication by owner. b. Notary— attest. c. Surveyor. d. Village manager. e. Mayor. f. Clerk— attest. g. Building official. h. Title company. i. Mortgagee approval. (b) Where the proposed plat covers only a portion of the subdivider's entire holding, a sketch shall be submitted showing the prospective street layout and proposed use for the remainder. (c) The extent and boundaries of the platted area shall be graphically indicated in a clear and understandable manner. (d) Ten copies of the deed restrictions and/or protective covenants, whereby the subdivider intends to regulate the land use other than through chapter 78, shall be 9 attached to the preliminary plat. Conformance to such deed restrictions shall not be the responsibility of the village. (e) If the proposed land to be subdivided does not lie within the corporate limits but is proposed for annexation to the village, the preliminary plat shall show a plan indicating the proposed use of the lots and the county zoning. Sec. 66 -102. Final plat. (a) The final plat shall be clearly and legibly drawn in ink or tracing cloth to a scale of not more than 200 feet to one inch. Individual sheets shall not be larger than 24 inches by 36 inches overall, as approved by the county for purposes of recording. Where the final plat of a proposed subdivision requires more than one sheet, each sheet shall be keyed to a master map with appropriate marks of identification. (b) The final plat shall include the following information: (1) Location sketch showing the location of the subdivision with respect to section or government lot lines. (2) Boundary lines of the tract with accurate distances measured to hundredths of a foot and angles to half minutes. The boundaries shall be determined by accurate survey in the field, which shall be balanced and closed with error closures not to exceed one foot to 5,000 feet. Surveys shall be coordinated and tied into the nearest established section corner or quarter section by angle and distance. (3) The exact names, locations and widths along the property lines of all existing or recorded streets intersecting or paralleling the boundaries of the tract. (4) The exact layout including street and alley lines, building lines as required, street names, bearings, angles of intersection and widths (including widths along the lines of any obliquely intersecting streets), lengths of arcs and radii, points of curvature and tangent bearings; all easements or rights -of -way where provided for or owned by public services; all lot lines with dimensions in feet and hundredths and with bearings or angles of other than right angles to the street or alley lines; and centerlines of all streets. (5) Lots numbered in numerical order beginning with numeral "1" in each block and blocks numbered in numerical order or lettered in alphabetical order. (6) The accurate location and material of all permanent monuments. (7) The accurate outline of all property which is to be dedicated or reserved for the public use including open drainage courses and suitable easements and all property that may be reserved by covenants in deeds for the common use of the property owners in the subdivision, with the purposes indicated thereon. (8) Names and locations of adjoining subdivisions, if any, the adjacent portions of which shall be shown in outline form. (9) Acknowledgment of the owner and all lienholders to the plats and restrictions, including dedication to public use of all streets, alleys, parks or other open spaces shown thereon and the granting of the required 10 easements. Mortgage holders shall execute the following certificates on plats: "The mortgagee(s) consents and agrees to the platting of the lands embraced in the plat and to the dedication shown thereon, and further, should it become necessary to foreclose the mortgage covering the said property that all pieces and parcels dedicated to the public will be excluded from said suit and the dedication remain in full force and effect." (10) Private restrictions and/or trusteeships and their period of existence. Should these restrictions be of such length as to make their lettering on the plat impracticable and thus necessitate the preparation of a separate instrument, reference to such instrument shall be made on the plat. (11) The certificate of the registered land surveyor attesting to the accuracy of the survey and that the permanent reference monuments have been established according to law. (12) Space and forms for the following signatures indicating approval: a. Dedication by owner. b. Notary— attest. c. Surveyor. d. Village manager. e. Mayor. f. Clerk— attest. g. Building official. h. Title company. i. Mortgagee approval. (13) Subdivision name or identifying title. (14) North point, graphic scale and date. (15) Name of the record owner and the subdivider. (16) Such other features as may be required by F.S. ch. 177. (c) A separate instrument shall be attached to and made part of all plats showing the grade of all roads, streets, alleys and other rights -of -way, however designated, and the elevations of the several portions of the land depicted on the plat, by contour lines at two -foot intervals. (d) A letter from a title company certifying the following shall be presented with the final plat: (1) Parties executing plats are owners of the land embraced in the plat. (2) All mortgages, liens, or other encumbrances. (3) Whether or not taxes and assessments are paid. (4) Description shown of the property to be platted is correct. Secs. 66- 103-66 -130. Reserved. ARTICLE IV. VARIANCES Sec. 66 -131. Authorized. _ Sec. 66 -132. Imposition of conditions. Secs. 66- 133 --66 -160. Reserved. 11 Sec. 66 -131. Authorized. Where the village council finds that extraordinary hardships may result from strict compliance with this chapter, 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, chapter 78, or this chapter, and such variance is issued by the village council. Sec. 66 -132. Imposition of conditions. In granting variances and modifications, the village council may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified. Secs. 66- 133-66 -160. Reserved. ARTICLE V. DESIGN STANDARDS DIVISION]. GENERALLY Sec. 66 -161. General standards, of service standards. Sec. 66 -162. Land unsuitable for subdivisions. Secs. 66- 163-66 -180. Reserved. Sec. 66 -161. General standards; level of service standards. (a) No building permits shall be issued on lots or tracts of land until the lot or tract has been platted in accordance with this chapter and properly recorded in the public records of the county. (b) All proposed subdivisions shall conform to chapter 78 and to any elements of the comprehensive plan that have been adopted by the village and meet the requirements and procedures of the site plan review process of the village, and meet the concurrency requirements of the village. A licensed engineer registered in the state shall certify that all level of service standards have been met, except that the applicant may demonstrate that the recreation standards have been met. (c) 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. (d) No building permit or development order shall be issued without the developer first obtaining the issuance of a surface water management permit or water use permit from the South Florida Water Management District. (e) All proposed development and/or redevelopment shall be coordinated with and/or obtain approvals and/or permits from the following agencies: (1) Palm Beach County Health Department. (2) eauesta Palm Beash Gewnitt�y Fire/Rescue (Fire Marshal). (3) Loxahatchee River Environmental Control District (ENCON). 12 (4) Department of Environmental Resources Management (DERM). (5) South Florida Water Management District (SFWMD). (6) Florida Department of Transportation (FDOT). (7) Reserved West P Beaei. Urban A e T r - aas .., Study (WPB TATS) (8) Metropolitan Planning Organization of Palm Beach County (MPO). (9) Palm Beach County Traffic Engineering Division. (10) Martin County Metropolitan Planning Organization. (11) Martin County Traffic Engineering Department. (12) Florida Power & Light Company. (13) Seu4kem Bell Telephone servig provider, as applicable C- e.mp—any. (14) Solid waste purveyor. (15) Tequesta Water Department. (16) Other municipal, county, state and/or federal agencies as may be applicable. (f) Prior to the issuance of certificates of occupancy or of final acceptance by the village, the subdivider shall submit to the village the following: (1) Evidence of final acceptance by the agencies listed in subsection (e) of this section of the development or redevelopment. (2) Signed and sealed letters of final infrastructure acceptance from the engineer of record for the project. (3) Two complete sets of as-built construction drawings of the completed project. (4) Signed and sealed letter of final inspection and acceptance of completed infrastructure by the village consulting engineer. (g) All new development and redevelopment must provide the necessary infrastructure to meet the following level of service standards (LOS). Each application submitted pursuant to this section shall be required to provide a certification from a licensed engineer in the state that the proposed development and/or redevelopment meets or exceeds the level of service standards for the listed infrastructure as follows: (1) Traf is (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 arterial C D Urban principal C D arterial (1) Sanitary sewer. A central wastewater level of service standard of 108 alb lops 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 prqLect. C-ate Mayd Meffthly Daily Flow (MMPF) Maximum Daily Flow (MDF-) Residential 73.1 gallons/eapita/day 78.8 gallons&-apita/day lei 431 gaflefis4w+e/day 464.9 gaPen&4wfe/day 13 (2) 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. (3) 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 2-36 gallons/capita/day Nenf esidenti . a. Maximum day water consumption (inc luding Residential M 3-54 gallons /capita/day Nonresidential 3,030 gallons/acre /dav None estabUshed/LQ8 standard sWI be established by 1991. 4 Recreation. Classification (Area/Activity) Standard (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 Football/soccer 1 field/4,800 Playground areas 1 acre /3,600 Beach access easements 1 per V2 mile of developed or redeveloped beach frontage (h) Reserved Developmem sWI meet the fequifemet#s of the Vem 2000 Gost Feasible (i) Development shall provide for the reservation and preservation of existing and future rights -of -way as may be determined by the village and in conformance with the county and village right -of -way protection plan. (j) All proposed new development and major redevelopment within the coastal building zone of the village must provide for the dedication of public access easements. 14 (k) All proposed new development and major redevelopment, as part of the site plan review and subdivision review process, shall submit a drainage /environmental statement describing how the proposed development will affect the estuarine water quality of the class III waters of the village. (1) New development and redevelopment shall not be permitted within the coastal high - hazard area of the village as defined in Chanter 78, Art. XII. Flood Damage r v nti _ e 780(a) and there shall be no expenditure of public funds for infrastructure and/or facilities within the coastal high - hazard area. (m)Notification of neighboring jurisdictions of any external impacts that a proposed project might have within those jurisdictions, and assessment and mitigation of those impacts, are required. (n) Determination of needed public facility improvements shall be made during the site plan and/or subdivision review process and prior to the issuance of a development order and building permit. Sec. 66 -162. Land unsuitable for subdivisions. Land which the village has found to be unsuitable for subdivision due to flooding, bad drainage, or other features likely to be harmful to the health, safety, and general welfare of future residents shall not be subdivided unless adequate methods of correction are formulated by the subdivider and/or the village. Protective measures required must be referred to on the plat, including such features as drainage ponds, ditches, etc. Secs. 66- 163 --66 -180. Reserved. DIVISION Z STREETS Sec. 66 -181. General standards. Sec. 66 -182. Private streets. Sec. 66 -183. Access to existing streets. Sec. 66 -184. Layout of minor streets. Sec. 66 -185. Subdivisions abutting limited access highway, freeway, parkway or proposed arterial street. Sec. 66 -186. Subdivisions abutting or containing railroad right- of -way, expresswa . drainage canal or waterway_ Sec. 66 -187. Reserve strips. Sec. 66 -188. Each lot to be served by public street. Sec. 66 -189. Half or partial streets. Sec. 66 -190. Dead -end streets. Sec. 66 -191. Culs -de -sac. Sec. 66 -192. Street jogs. Sec. 66 -193. Curves. Sec. 66 -194. Intersections. Sec. 66 -195. Ri t -of -way width. Sec. 66 -196. publication of names of existing streets; approval of street names. Sec. 66 -197. Name of subdivision. Secs. 66- 198--66 -220. Reserved. 15 Sec. 66 -181. General standards. The arrangement, character, extent, width, grade and location of all streets shall conform to the street 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, and to public convenience and safety, and 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. Sec. 66 -182. Private streets. Private drives, roads, or streets shall be prohibited. Sec. 66 -183. Access to existing streets. Where such is not shown in any major street or highway plan, the arrangement of streets in a subdivision shall either: (1) 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; (2) Conform to a plan for the neighborhood approved or adopted by the village council to meet a particular situation where natural conditions make continuance of or conformance to existing streets impracticable; or (3) Provide for access streets to major, secondary, or collector streets indicated on a major street plan adopted by the village council, such access streets to be provided with minimum right -of -way width as collector streets, when considered necessary by the village council. Sec. 66 -184. Layout of minor streets. Minor streets shall be so laid out and arranged as to discourage their use by through traffic. Sec. 66 -185. Subdivisions abutting limited access highway, freeway, parkway or proposed arterial street. Where a subdivision abuts or contains an existing limited access highway or freeway or parkway or proposed arterial street, the village council may require marginal access streets, reverse frontage with screen planting contained in a nonaccess reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. Sec. 66 -186. Subdivisions abutting or containing railroad right -of -way, expressway, drainage canal or waterway. Where a subdivision borders on or contains a railroad right -of -way, expressway, drainage canal or waterway, the village council may require a street approximately 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 for future bridges or grade separations, as provided in the appropriate construction manual. 16 Sec. 66 -187. Reserve strips. Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the village under conditions approved by the village council. Sec. 66 -188. Each lot to be served by public street. There shall be no private streets, lanes or ways platted in any subdivision. Every subdivided lot or property shall be served from a publicly dedicated street. Sec. 66 -189. Half or partial streets. Half or partial streets shall not be permitted except where essential to reasonable subdivision of a tract in conformance with this chapter 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. Sec. 66490. Dead -end streets. Dead -end streets shall be prohibited except where appropriate as stubs to permit future street extensions into adjoining unsubdivided tracts or when designed as culs -de- sac. If a dead -end street is of a temporary nature a similar turnaround may be required and provision made for future extension of the street into adjoining property, as may be required by the village. Sec. 66 -191. Culs- de-sac. Culs -de -sac, permanently designed as such, shall not exceed 400 feet in length and shall be provided at the closed end (cul -de -sac) with a turnaround having an outside roadway diameter of at least 80 feet and a property line diameter of at least 100 feet. Sec. 66 -192. Street jogs. Street jogs with centerline offsets of less than 125 feet shall be prohibited unless, due to unusual conditions, the village determines that a lesser centerline offset is justified. Sec. 66 -193. Curves. Where curvilinear streets are recommended for residential, minor, and collector streets in order to discourage excessive vehicle speeds and to provide attractive vistas, they shall meet the following criteria: (1) Whenever a street changes direction or connecting street lines deflect from each other by more than ten degrees, there shall be a horizontal curve. (2) To ensure adequate sight distance, minimum centerline radii for horizontal curves shall be as follows: a. Minor streets: 150 feet. b. Collector streets: 300 feet. c. Secondary arterial streets and section line roads: 500 feet. d. Major arterial streets: 750 feet. 17 (3) 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 section line roads. Sec. 66 -194. Intersections. (a) Streets shall be laid 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 unavoidable by the village council. (c) As far as possible, intersections on arterial streets shall be located not less than 800 feet apart, measured from centerline to centerline. (d) Property lines at street intersections shall be rounded with a radius of 25 feet. A greater radius may be prescribed by the village where the angle of intersection is less than 60 degrees. The village may permit comparable cutoffs or chords in place of rounded corners. (e) Visibility triangles, properly engineered for maximum public safety, shall be required at all intersecting streets and at all major and minor access drives and driveways. Sec. 66 -195. Right -of -way width. (a) Unless otherwise indicated or required by a major village approved street plan, street rights-of-way shall be as follows: Street Type Maximum Right -of -Way Width (feet) (1) Urban principal arterial streets 120 (2) Urban collectors 80 (3) Local (minor) streets 60 (4) Alleys 20 (b) Special easements within the rights -of -way for Country Club Drive and Seabrook Road are hereby established as follows: The existing 80 -foot right -of -way for Country Club Drive and Seabrook Road shall be regulated, operated and used as set forth in this subsection. A maximum 50 feet of the right -of -way (25 feet on either side of the centerline of the existing 80 -foot right -of -way) shall be unrestricted right -of -way and shall accommodate a two -lane undivided road, drainage system and uses normally accommodated in public rights -of -way; provided, however, that in areas where traffic design techniques are used (such as expanded intersections and culs -de -sac) up to the maximum width of the existing right -of -way (i.e., 80 feet) may be used as unrestricted right -of -way. Subject to expansion where traffic techniques are or shall in the future be used (as set forth in the immediately preceding sentence), a 15 -foot strip on either side of the unrestricted 50 -foot right -of -way shall be used exclusively for landscaping, treescapes, signage, irrigation systems and facilities, drainage structures including 18 swales, culverts and grates, driveways, parking, bikeways, pathways, sidewalks, curbing, parking, utility systems and related structures and facilities, and for access to and from the remainder of the right -of -way of Country Club Drive and Seabrook Road, and uses necessary for the intersection of these roadways with the cross streets at established intersections. The village will cause to be recorded in the public records of the county a declaration of restrictions which shall restrict the use of the two 15 -foot strips of restricted right -of -way as described in exhibit A, which is on file in the village clerk's office. Sec. 66 -196. Duplication of names of existing streets; approval of street names. A proposed new street which is in alignment with or a continuation 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, such as "Avenue," "Boulevard," "Court," "Crescent," "Drive," "Place," "Street" or "Terrace." All street names shall be subject to approval of the village, which may require names that are easily recognizable. Sec. 66 -197. Name of subdivision. Subdivision names shall be subject to approval of the village, which may require a name that is easily recognizable. Secs. 66- 198-66 -224. Reserved. DIVISION 3. ALLEYS Sec. 66 -221. Alleys required for certain uses. Sec. 66 -222. Width. Sec. 66 -223. Changes in alignment. Sec. 66 -224. Dead -end alleys. Secs. 66- 225-66 -240. Reserved. Sec. 66 -221. Alleys required for certain uses. Alleys shall be provided to serve multiple dwellings and business and commercial areas, except that the village council may waive this requirement where other definite and assured provision is made for service access, off -street loading and parking consistent with and adequate for the uses permissible on the property. Sec. 66 -222. Width. The width of an alley shall be 20 feet or more. Sec. 66 -223. Changes in alignment. Changes in alignment of alleys shall be made on a centerline radius of not less than 50 feet. 19 See. 66 -224. Dead -end alleys. Dead -end alleys shall be avoided where possible, but if unavoidable shall be provided with adequate turnaround facilities for service trucks at the dead end, with a maximum external diameter of 100 feet. Sees. 66- 225 ---66 -240. Reserved. DIVISION 4. EASEMENTS Sec. 66 -241. Utility easements. Sec. 66 -242. Easements along,_ watercourses, draina.geways, canals and streams. Sec. 66 -243. Drainage easements. Secs. 66- 244-66 -260. Reserved. Sec. 66 -241. Utility easements. Easements across lots or centered on rear or side lot lines shall be provided for public utilities where necessary and shall be at least ten feet in width. Sec. 66 -242. Easements along watercourses, drainageways, canals and streams. Where a subdivision is traversed by a watercourse, drainageway, canal or stream, there shall be provided a stormwater easement or drainage right -of -way conforming substantially with the lines of such watercourse, and of such further width or 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. Sec. 66 -243. Drainage easements. Easements may be required for drainage purposes of such size and location as may be determined by the village. Secs. 66. 244-66 -260. Reserved. DIVISION S BLOCKS Sec. 66 -261. General standards. Sec. 66 -262. Length. Sec. 66 -263. Pedestrian crosswalks through blocks. Secs. 66- 264- 66 -2$0. Reserved. Sec. 66 -261. General standards. The length, widths and shapes of blocks shall be determined with due regard to: (1) Provision of adequate building sites, suitable to the special needs of the types of use contemplated. (2) Zoning requirements as to lot sizes and dimensions. (3) Needs for convenient and safe access, circulation, and control of pedestrian and vehicular traffic. (4) Limitations and opportunities of topographic features. 20 Sec. 66 -262. Length. Block lengths shall not exceed 1,320 feet or be less than 500 feet unless deemed advisable because of unusual conditions by the village. Sec. 66 -263. Pedestrian crosswalks through blocks. Pedestrian crosswalks, not less than five feet in width, may be required through blocks over 900 feet in length where necessary in the judgment of the village to provide safe and convenient access to schools, playgrounds, shopping centers, transportation or other community facilities. Secs. 66- 264-66 -280. Reserved. DIVISION 6. LOTS Sec. 66 -281. General standards. Sec. 66 -282. Setbacks for corner lots. Sec. 66-283. Orientation of side lot lines. Sec. 66 -284. Double frontage and reverse frontage lots. Sec. 66 -285. Frontage on and access to public street required. Sec. 66 -286. Width of cul -de -sac lots. Secs. 66- 287-66 -300. Reserved. Sec. 66 -281, General standards. The lot size, width, depth, shape and orientation and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated. Lot dimensions shall conform to the requirements of chapter 78 and the plan of the village and amendments thereto. Sec. 66 -282. Setbacks for corner lots. Corner lots for residential use shall have extra width to permit appropriate building setback from the orientation of both streets. Sec. 66-283. Orientation of side lot lines. 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. Sec. 66 -284. Double frontage and reverse frontage lots. 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 ten 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. Sec. 66 -285. Frontage on and access to public street required. Every lot shall abut upon and have permanent access to a public street. 21 Sec. 66 -286. Width of cul-de -sac lots. In determining minimum lot width, cul -de -sac lots shall be measured at a point along an arc beginning at the front building line, and the length of the arc shall be at least 60 percent of the required minimum lot width for the district. Secs. 66- 287 -66 -300. Reserved. DIVISION 7. PUBLIC SITES Sec. 66 -301. Acceptance by village. Sec. 66 -302. Sites for public use required; fair-shsfee. Secs. 66- 303 --66 -330. Reserved. Sec. 66 -301. Acceptance by village. The dedication of public spaces by an indication on the plat shall not constitute an acceptance of the dedication by the village council. Sec. 66 -302. Sites for public use required e. (a) Dedication and reservation of sites for public use. All sites designated in subdivision plats for public parks and recreation 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 the site. If the village fails to act within one year, the subdivider may replat the reserved site. tws- seetiert: of the following elementsi. parks and feefeational fi& shafe fee element.: For- a4l dwelling units eens#ucAed widin 4he single fionily dwelling distFie4s of the village, stwtffe. Sueh value shall be detem3ined based upon 4he value of 4he land at 4he time dwA to be dedieated as publie right of way, shall be ineWded. if appheant and the village me not in agmement as to the volue of the land upon m4iieh 22 Y. Y. M. Y. WIN[ IN 11 S Y. jArm MIN I -00 bo ohm .1 WMA Y. r. Y. 1. Y_ bl ) (i) Interpretation. The provisions of this section shall be liberally construed to effectively carry out its purpose in the interest of public health, safety, welfare and convenience. 0) Failure to pay fiair shdwe fee. Any buildiRg pemit used for new eeftsu"eft as eevefed by 099 seetien but m4thout payment of the fee as mquifed by this seefiefl. sM1 be -void law however-, in addifien to or- in lieu ef 1 pfeseeufien the village shW! hwe the power- to see in em! rsekH4 seefieft.- Secs. 66- 303 --66 -330. Reserved. ARTICLE VI, IMPROVEMENTS Sec. 66 -331. Required. Sec. 66 -332. Permanent reference monuments. Sec. 66 -333. Grading of streets, crosswalks and alleys. Sec. 66 -334. Storm drainage and stormwater management facilities. Sec. 66 -335. Street paving. Sec. 66 -336. Sidewalks and crosswalks. Sec. 66 -337. Fill. Sec. 66 -338. Water mains and fire hydrants. Sec. 66 -339. Sanitary sewers. Sec. 66 -340. Street name signs. Sec. 66 -341. Control signs and markings. Sec. 66 -342. Street lighting. Sec. 66 -343. Underground utility service. Sec. 66 -344. Payment of en ing eering expenses. Sec. 66 -345. Undesignated roads. Sec. 66 -346. Sale of unplatted lots prohibited. Sec. 66 -331. Required. Prior to the granting of approval of the final plat, the subdivider shall have installed, or shall have furnished bond as required in section 66 -72 for improvements for the ultimate installation of the tangible improvements specified in this article, in accordance with the plans and specifications approved by the village, as are required in order to ensure the physical reality of a subdivision which approval and recordation will establish legally. All construction under this article shall be subject to the inspection of the village. Sec. 66 -332. Permanent reference monuments. (a) Monuments shall be placed at the intersection of centerlines of all streets, angle points, and points of curves in streets and at intermediate points as shall be required by the village. The monuments shall be of such material, size and length as may be approved by the village, and the village may, if deemed advisable, waive installation in certain instances. 24 (b) Permanent reference monuments shall be as required by the state plat law. Sec. 66 -333. Grading of streets, crosswalks and alleys. All streets, crosswalks and alleys shall be graded to their full width by the subdivider in accordance with the village specifications. Deviations from this requirement will be allowed only with special approval of the village due to special topographical conditions. Sec. 66 -334. Storm drainage and stormwater management facilities. Stormwater management facilities, including curbs, gutters, piping, culverts, ditches, swales, retention/detention ponds, weirs, control structures, etc., shall be provided based on engineering calculations and design standards to ensure that all drainage improvements and infrastructure are in conformance with all current state, county, district and village requirements. Properly dedicated easements shall be provided for drainage improvements and infrastructure. Such drainage improvements and infrastructure shall be subject to the issuance of permits and the performance of inspections by the village. Sec. 66 -335. Street 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. Such construction shall be subject to the inspection of the village and be subject to issuance of permits. Minimum widths of all paving shall be not less than the following: (1) Primary streets: 24 feet. (2) Secondary streets: 20 feet. (3) Arterial streets: 40 feet or over, to be determined by the village 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. (4) Individual streets: 40 feet. Sec. 66 -336. Sidewalks and crosswalks. Sidewalks/pathways and crosswalks shall be required in all residential, multiple- family and commercial areas and along all arterial highways. Sidewalks/pathways shall be five feet in width or greater. Sec. 66 -337. Fill. Fill shall be placed in the entire subdivision to the elevations, after settlement, prescribed by the village. The type of fill shall be satisfactory to and meet the approval of the village, which shall require 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 as to type and method of placement or the subdivider shall submit a statement and method of placement, the latter statement being for information, not for certification purposes. 25 Sec. 66 -338. Water mains and fire hydrants. Water mains and fire hydrants which are to be 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 extensions shall be subject to the approval of the village and the county health department. All extensions shall conform with the general water distribution plan for the village. Sec. 66 -339. Sanitary sewers. (a) Where possible, sanitary sewer mains properly connected with the village sewer system shall be provided. In addition to sewer mains, laterals shall be installed to each platted lot and stubbed off at the property line for future connection. (b) The sanitary sewer system shall also be subject to the approval of the regional sewer district and/or the county health department. The use of individual septic tanks, wherever a sewer system may be connected to the village sewer system, shall not be permitted. Sec. 66 -340. Street name signs. Street name signs conforming to village specifications shall be installed at the intersections 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. Sec. 66 -341. Control signs and markings. Control signs and markings shall be in conformance with all current state, county, district and village requirements. Sec. 66 -342. Street lighting. Street lighting shall be provided in accordance with the requirements of the village and Florida Power & Light. Sec. 66 -343. Underground utility service. The subdivider shall provide for all utilities, existing and proposed, to be placed underground, which shall serve any individual lot, public right -of -way or common grounds. This provision shall apply to, but not be limited to, water lines, sanitary sewer lines, storm drainage lines, gas lines, electrical lines, CATV service lines and telephone service lines. Sec. 66 -344. Payment of engineering expenses. The subdivider shall reimburse the village for engineering expenses incurred 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 according to the benefits derived. The amounts or portions of the costs to be borne by each area will be in accordance with a formula provided by the village. 26 See. 66 -345. Undesignated roads. The subdivider shall provide those roads not designated in the village's five -year schedule of improvements plan or other jurisdiction's plans which will facilitate additional development and remain consistent with desired growth. Sec. 66 -346. Sale of unplatted lots prohibited. No owner of a tract of real property shall sell lots from the tract without first having the tract surveyed and recorded in accordance with this chapter. Section 2: Each and every other Section and Subsection of Chapter 66. Subdivisions. 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. 27 Upon Second Reading this 10 day of October 2013, the foregoing Ordinance was offered by Council Member Okun who moved its adoption. The motion was seconded by Vice -Mayor Arena 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 ABSENT The Mayor thereupon declared the Ordinance duly passed and adopted this 10 day of October 2013. MAYOR OF TEQUESTA CL �. igail re ATTEST: '-� n_� Lori McWilliams, MMC Village Clerk `'>; -- o f coo a 0�/� 0: G± 28