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Home My WebLink AboutDocumentation_Regular_Tab 12_01/09/2014 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 01-14 1/9/14 Consent Agenda: No Resolution #: N/A Originating Department: Attorney ' �' • • • • - : - • • -�• ORDINANCE 01-14, FIRST READING, AMENDING ITS CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE XII. FLOOD DAMAGE PREVENTION. SECTIONS 78-835, 78-837 AND 78- 853 TO PROVIDE LOT GRADING AND DRAINAGE PLAN SUBMITTAL REQUIREMENTS, AND TO SPECIFY THAT SUBDIVISION PROPOSALS, OTHER NEW DEVELOPMENT PROPOSALS AND ALL OTHER DEVELOPMENT PROPOSALS MUST BE DESIGNED TO PREVENT ADVERSE FLOOD IMPACTS FROM STORM WATER RUNOFF ONTO ADJACENT PROPERTIES, AND TO REQUIRE THE USE OF GUTTERS AND DOWNSPOUTS IN CERTAIN CIRCUMSTANCES; ALSO AMENDING SECTIONS 78-801 AND 78-836 TO PROVIDE FOR APPROPRIATE CROSS- REFERENCES. : � . . -. Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: N/A Budget Transfer Required: No Appropriate Fund Balance: No � ' • � •' • � • .�- ••--� . . Department Head Submitted by Legal Finance Director Reviewed for Financial Sufficiency ❑ No Financial Impact ❑ Attorney: (for legal sufficiency) Village Manager: Submit for Council Discussion: � /�� Approve Item: ❑ � � ' " �'1 Deny Item: � � � • � . . - _. -- . -. .- - . .- - .- . ..- . . -.. .._ - . -- - . - Form Amended: 7/12/12 ORDINANCE NO.1-14 AN ORDINANCE OF TI� VII.,LAGE COUNCIL OF TI� VII..LAGE OF TEQUESTA, FLORIDA, AMENDING TTS CODE OF ORDINANCES AT CHAPTER 78. ZONIlVG. ARTICLE XII. FLOOD DAMAGE PREVENTION. SECTIONS 78-835, 78-837 AND 78-853 TO PROVIDE LOT GRADING AND DRAINAGE PLAN SUBMIT°TAL REQUIREMENTS, AND TO SPECIFY THAT SUBDIVISION PROPOSALS, OTHER NEW DEVELOPMENT PROPOSALS AND ALL OTI�R DEVELOPMENT PROPOSALS MUST BE DESIGNED TO PREVENT ADVERSE FLOOD IMPACTS FROM STORM �VATER RUNOFF ONTO ADJACENT PROPERTTES, AND TO REQUIltE THE USE OF GUTTERS AND DOWNSPOUTS IlV CERTAIN CIRCLTMSTANCES; ALSO AMENDING SECTIONS 78-801 AND 78-836 TO PROVIDE FOR APPROPRIATE CROSS-REFERENCES; PROVIDING THAT EACH AND EVERY OTI�R SECTION AND SUBSECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTNE DATE; AND FOR OTHER PURPOSES. WI�REAS, the Village Council of the Village of Tequesta desires to provide lot gra�ding and drai.nage plan submittal requirements to the Village's floodplain management regulations; and WHEREAS, the Village Council of the Village of Tequesta desires to add clarifying language to the Village's flaodplain mana.gement regulations to specify that future development and re-development ma.y have no adverse impacts to adjacent properties with respect to storm water runoff; and WHEREAS, certain cross references are required to be added into this code for state compliance requirements; and WHEREAS, the Village Council believes that these amendments to the Village's floodplain management regulations will promote the health, safety and welfaze of the citizens of the Village of Tequesta and aze in the best interests of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE VII,LAGE COUNCIL OF TI� VII.,LAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Cha.pter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article XII. Flood Damage Prevention. by amending sections 78-835, 78- 837 and 78-853 to specify that subdivision proposals, other new development proposals and all 1 other development proposals must be designed to prevent adverse. flaod impacts from storm water runoff onto adjacent properties, and by amending sections 78-801 and 78-836 to provide required cross- references; providing that sections 78-835, 78-837, 78-853, 78-801 and 78-836 shall herea.fter read as follows: Sec. 78-801. Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this article shall be drawn to scale and shall include, as applicable to the proposed development: l. Delinea.tion of flood hazard areas, floodway boundaries and flood zone(s), ba.se flood elevation(s) and ground elevations if necessary for review of the proposed development. 2. Where flood hazard azeas, base flood elevarions, or floodway data are not included on the FIRM or in the flood insurance study, they shall be established in accorda.nce with section 78-802 of this azticle. 3. Where ttie parcel on which the proposed development will take pla.ce will ha.ve more than SO lots or is larger thau five a.cres and the base flood elevations aze not included on the FIItM or in the flood insurance study, such elevations shall be established in accordance section 78-802(1) or (2)�a of tbis article. 4. Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal lugh }�aza.rd areas, new buildings shall � located landward of the reach of inean high tide. 5. Location, extent, amount, and proposed final gra,des of any filling, grading, or excavation. 6. Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill azeas aze the minimum necessary to achieve the iatended purpose. 7. Delineation of the coastal construction control line or notaxion that the site is se�award of the coastal construction control li.ne, if applicable. 8. Extent of any proposed. alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Deparlment of Environmental Protection. Subdivisions Sec. 78-835. Minimum requirements. Subdivision proposals shall be reviewed to determine tha.t: 1. Such proposals aze consistent with the need to minimize flood damage and will be r�sonably safe from flooding; 2. All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimi7e or eliminate flaod damage; and 3. Adequate draina.ge is provided to reduce exposure to flood haza.rds and to nrevent verse im�acts to adiacent nronerties from stormwater runoff. In Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and 2 away from proposed structures. .All structures exceedin� one storv in height s be reawized. to incoroorate eutters and downsnouts to collect and direct runoff to Qzound level. or below sround level if discharee to a below Qrade sixucture. can or lake is nossible. Sec. 78-836. Subdivision plats. Where any portion of a proposed subdivision lies within a flood hazard area, the following shall be required: 1. Delineation of flood ha�rd azeas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on prelimi.nary plats and final plats; 2. Where the subdivision has more than SO lots or is larger than five acres and base flood elevations are not included on the FIItM, the base flood elevations determined in accordance with section 78-802(1) or (2)�a of t,�is article; and 3. Compliance with the site improvement and utilities requirements of Sec. 78-838 Site Improvements, Utilities and Limitations Sec. 7&837. Minimum requirements. All proposed new development shall be reviewed to determ.i.ne that: 1. Such proposals are consistent witli tlie need to minimi�.e flood damage aa�d will be reasonably safe from flooding; 2. All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimi�e or eliminate flood damage; and 3. Adequate drainage is provided to reduce exposure to flood haza.rds and to prevent verse imnacts to adiacent nronerties from stormwater runoff. In Zones AH a.nd AO, adequa.te dra.inage paths shall be provided to guide floodwaters around and away from proposed structures. structures exceedin� one storv in hei�ht shall be reauired to incoroorate eutters and downsnouts to collect and dixect runoff to �cLUnd level, or below eround level if dischar�e ta a below �rade structure. canal or lake is nossible. 4. Construction documents submitted with an annlication for new comstruction of. or s�b�tantial imnrovements to a single familv dwelline shall be accomna,nied bv a 1 '� nlan demonstra.tinE that stormwater runoff will nat adverselv im�act iacent nronerties. Such nlans shall be drawn to scale on 11" x 1T' or lar�er �aner: shall show the location and elevation of the existin� eround and all on and o ff-site structures within 15 feet of the lot being imnroved• shall include flow ows denxcting surface. flow direction and shall show locations of roof darains and how flow will be d.irected or diffiased at or below sround level. Other Development Sec. 78-853. General requirements for other developmen� All development, includi.ng man-made changes to improved or unimproved real estate for which specific provisions are not specified in this ordinance or the Florida Buidding Code, shall: 1. Be loca.ted and constructed to minimi�e flood da.mage and to nrevent adverse � imnacts to adiacent nronerties from stonmwater runoff. All structures exceedan� gne storv in heiQht sha11 be reauired to incomorate �utters and downsnouts to 3 ollect and direct runoff to eround level. or below around level if discharee to a below erade structure. canal or lake is nossible; 2. Meet the limitations of Sec. 78-841 of this article if located in a regulated floodway; 3. Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostaxic loads, including the effects of buoyancy, during conditions of the design flood; 4. Be conslructed of flood damage-resistant materials; and 5. Have mechanical, plumbing, and electrical systems above the design flood elevation, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations. 6. Construction documents submitted with an annlication for new construction of,�r substantial i.mnrovements to a sin�le familv dwelline shall be accomnanied by a lot Qradine nlan demonstrating that stormwater runoff_will_not adverselv imAact iacent nronerties. Such nlans shall be drawn to scale on 11" x 1T' or_lareer naner: shall show the location and elevation of the existing �round and all on and off-site structures within 15 feet of the lot beins imnroved• shall include flow ows denictin� surface flow direction; and shall show locations of roof drains and how flow will be directed or diffused at or below eround level. Section 2: Each and every other Section and Subsection of Chapter 78. Zoning. sha11 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, aay pazagraph, sentence or word be declaz� by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Seetion 5: Specific authority is hereby granted to codify this Ordinance. Section 6: Tlus Ordinance shall take effect immediately upon passage. 4