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Home My WebLink AboutDocumentation_Regular_Tab 13_01/09/2014 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 03-14 1/9/14 Consent Agenda: No Resolution #: N/A Originating Departrnent: Attorney ' �' • • • • - S - • • -�� ORDINANCE 03-14. FIRST READING, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. AT ARTICLE I. IN GENERAL. BY CREATING AN ENTIRELY NEW SECTION 14-4. ENTITLED "PROTECTION OF TREES AND OTHER VEGETATION TO BE PRESERVED ON SITE" TO PROVIDE FOR THE PROTECTION OF TREES AND OTHER VEGETATION DURING CONSTRUCTION; AND AN ENTIRELY NEW SECTION 14-5 ENTITLED "BOARDING OR CONCEALING STOREFRONTS DURING CONSTRUCTION" TO PROVIDE REGULATIONS REGARDING THE BOARDING OR CONCEALING OF STOREFRONTS WITHOUT A BUILDING PERMIT; AND AT ARTICLE II BUILDINGS. BY INSERTING REGULATIONS FOR FLOODPLAIN ADMINISTRATION, AS REQUIRED BY FEMA : � . . .. 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: � � � , �; �, r�; � � � L�-� , Approve Item: ❑ u , � �' Deny Item: � � • • - . . - _. - - . -. .- . .- - .- . .. - . . -. . . . . . - . - Form Amended: 7/12/12 ORDINANCE NO. 03-14 AN ORDINANCE OF THE VII,LAGE COUNCIL OF THE VII,LAGE OF TEQUESTA, FLORIDA, AMENDING TI� VII..LAGE CODE OF ORDINANCES AT CHAPTER 14. BUILDINGS AND BUII.DING REGULATIONS. AT ARTICLE I. IN GENERAL. BY CREATING AN ENTIRELY NEW SECTION 14-4. ENTITLED "PROTECTION OF TREES AND OTTHER VEGETATION TO BE PRESERVED ON SITE" TO PROVIDE FOR THE PROTECTION OF TREES AND OTI�R VEGETATION DURING CONSTRUCTION; AND AN ENTIRELY NEW SECTION 14-5 ENTTTLED "BOARDING OR CONCEALING STOREFRONTS DURING CONSTRUCTION" TO PROVIDE REGULATIONS REGARDING TI� BOARDING OR CONCEALING OF STOREFRONTS WITHOUT A BUILDIlVG PERMIT; AND AT ARTICLE II BUILDINGS. BY INSERTING REGULATIONS FOR FLOODPLAIN ADMIlVISTRATION, AS REQUIRED BY FEMA; PROVIDING THAT EACH AND EVERY OTI�R SECTION AND SUBSECTION OF CHAPTER 14. BUII..DINGS AND BUII,DING REGULATIONS SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTTVE DATE; AND FOR OTHER PURPOSES. WEiEREAS, the Village's landscaping consulta.nt ba.s advised the Village Council to adopt code for the protection of certain trees and vegetation on construction sites; and WHEREAS, the Village Council has learned that there have been a number of cases where storefront windows have been boarded or covered in order to conceal from public view certain work and construction activities being performed at the store without the proper permits; and WHEREAS, in order to � in compliance with certain FEMA regulations, the Village's buildi.ng code administrative section must include certain regulations for floodplain ad.ministration tha.t interact with the Village's floodplain administration code at Chapter 78, Article XII; and WHEREAS, the Village Council of the Village of Tequesta, Florida, desires to amend Cha.pter 14. Buildi.ngs and Building Regulations. Article I. In General. in order to provide for the protection of certain trees and vegetation on construction sites, and also to prohibit the boarding 1 or covering of storefront doors, windows or other openings without an active permit in place for such work and consh�uction activities, and further amend Chapter 14. Buildings and Building Regulations. Article II. Buildi.ngs. in order to provide regulations for floodplain administration tha.t interact with the Village's floodplain adminish�ation code at Chapter 78, Article XII; and WHEREAS, the Village Council believes these amendments to its Cod.e of Ordinances are in the best interests of the citizens of the Village of Tequesta. NOW, THEREFORE, BE IT ORDAINED BY TI� VII..LAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Cha.pter 14. Buildings and Building Regulations. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article I. In General. by creating an entirely new section 14-4 entitled "Protection of trees an.d other vegetation to be preserved on site" to provide for the protection of trees and other vegetation during construction; and an entirely new section 14-5 entitled "Boarding or conceali.ng storefronts during construction" to provide regulations regazding the boardi.ng or concealiag of storefronts without a building permit; providing thax Cha.pter 14 Article I shall hereafter read as follows: ARTICLE I. IN GENERAL - Sec. 141. Limita.tions on da.ys and hours of work on buildin�s. Sea 14-2. Numbering of buildin�s. Sec. 143. Control of dust and blowin� Sec. 14-4. Protection of trees and other ve�etation to be ureserved on site. ec. 14-5. Boardine or concealin� storefronts durin� construction ar renovation Secs. 14-6 4-14-30. Reserved. Sec.14-1. Limitations on days and hours of work on bnildings. (a) No person shall conduct the erection ('including excavating), demolition, alteraxion or repair of any building or struciiu�e in the village on Sundays or legal holidays, unless approval to conduct work on Sundays has been granted by the village council. (b) No person shall conduct the erection (including excavating), demolition, alteration or repair of any buildi.ng on weekda.ys, including Saturda.ys, other than between the hours of 7:00 a.m. and 6:00 p.m. (c) No person shall deliver bui.iding supplies or materials during the houts when erection, demolition, alteration or repair of any building or structure is forbidden by this section. 2 (d) There shall be no contracted labor or services, excludi.ng janitorial services, performed on any yard or building or structure in the village on Sunday or legal holida.ys, and on weekda.ys, including Saturdays, other than between the hours of 7:00 a.m. and 6:00 p.m., unless approval to do so has been granted. by the village council. (e) The conduct described in this section ma,y be canied on in cases of urgent necessity where healtU or safety is involved. Sec.14-2. Nnmbering of buildings. The building officia1, or other official designated by the village council, shall provide for the numbering of all houses and buildings within the village, and shall maintain a map in the office of the village showing the numbers. Sec.143. Control of dast and blowing sand. (a) During the course of any construction or demolition work being done on any premises, it shall be unlawful for any person to cause, permit or allow the emission of particulate matter from any source whatsoever, including but not li.mited to incidents caused by vehiculaz movement, transportation of ma.terials, construction, alteration, demolition or wrecking of buildings or structures, or the stockpiling of sand or dirt, without taking reasona.ble precautions to prevent such emissions or to preclud.e such particulates that ma.y trespass on neighboring properties during dry and windy weather. In the case of stockpiled particulate materials, such materials sha.11 be stabilized by adequate coverings, by wetting, by approved chemical application or by other approved means, to the satisfaction of the building official. (b) In addition to other remedies for violations of this Code, the violation of this section shall constitute grounds for the issuance of a stop work order by the building official in accordance with the provisions of the buildi.ng code. Sec.14-4. Prntection of trees and other veeetallon to be nrc�erv� on site. Tr�es and other ve�etation wluch aze to be nreserved on the site of a construction �oiect shall be nrotected from dama�e during the construction nrocess in accordance with a�nronriate tree and ve�etation nratection techniaues. "Trees and Develonment: A Technical Guide to Preservation of Trees Durin� Land Develonment". bv Ne�da. Matheav & James R. Clark. as utilized bv the State Forest Service. Denaranent of Aariculture and C�nsumer Services. shall nrovide euidance for determinine the annronriate techniaues to be utilized on anv given site. At a minimum. all ve�eetaxion areas shall be fenced with eeni.n� to nrevent dama�e. Anv tree or other niece of ve�etation intended to be reserved on site but wkrich does not survive the construction nrocess sha.11 be renlaced with a tree or other ve�etation comnarable in size and aualitv. Multinle trees with an overall tnwk diameter eaual in size to a destroved. tree ma.v be uti.lized to renlace larger trees• ec.14-5. Boardin� or concealin� storefronts durin� construction or renovation. �Ton-residential construction or renovation sites mav cover storefront wi.ndows. including windows located on doorwavs. in order to conceal interior canstruction or 3 renovation work onlv unon issuance of a nermit bv the Buildin� Official. This sectio hall not annlv to the use of storm shutters nuisuant ta Sec. 78-306. or to emer�encv enair or renlacement of broken windows or doors temnorarilv – not to exceed ten_(1Ql vs unless annraved bv the Buildine Officia1. Secs.14-� 4-14-30. Reserved. Section 2: Cha.pter 14. Buildings and Buildi.ng Regulations. of the Code of Ordina.nces of the Village of Tequesta is hereby amended at Article II. Buildings. by adding floodplain administration regulations into the Village's building code a.d.miaistra.tive chapter in order to provide regulations for floodplain administra�ion that interact with the Village's floodplain administ�ation code at Chapter 78, Article XII Pursuant to FEMA requirements; providing tha.t the following sections, subsections and paragraphs sha11 be inserted and re- numbered as indicated, into the Village's administrative cba.pter for the building code as follows: Chapter 1 Administration Table of Contents Section 101 GENERAL Section 102 APPLICABILITY Section 103 BUII..DING DEPARTMENT Section 104 DUTIES AND POWERS OF T'HE BUII.,DING OFFICIAL Section 105 PERMITS Section 106 FLOOR AND ROOF LOADS Section 107 CONSTRUCTION DOCUMENTS Section 108 TEMPORARY STRUCTLTRES AND USES Section 109 FEES Section 110 INSPECTIONS Section 111 CER'TIFICATES OF OCCUPANCY AND COMPLETION Section 112 SERVICE UTILITIES Section 113 BUII..DING BOARD OF ADJUSTMENTS AND APPEALS Section 114 VIOLATIONS Section 115 STOP WORK ORDERS Section 116 LTN5AFE STRUCTURES AND EQUIPMENT Section 117 TESTS Section 118 VARIANCES IN FLOOD HAZARD ,AREAS Section 119 SEVERABILITY 04.10.1 Mod fications of the strict annlication of the reauirements of the Florida � BuildinQ Code The Buildine Offcial actin� as the Floodnlain Administrator sha11 review reauests submitted to the Buildin� Official that seek atroroval to modifv the strric annlication of the flood resistant construction reauirements of the Floridca Building Code 4 t etermine whether such reauests reawize the erantin� of a variance nursuant to Section 18 and the local floodnlain management ordinance. 105.5 �ea= Reserved 1.07 61 Bnildin� nerni�s issned on the basis of an affidavit Pursuant to the eauirements of federal re�ula.tion (44 C.F.R Section 60.3) for the National_Flood urance ProQram_ the authoritv aranted to the Buildine Official to issue nez�nits. to relv oa insnections. and to accent nlans and construction documents on the basis of affidavits nlans submi.tted Aursuant to 105.14 and Section 107.6, shall not extend to the flaad oad and flood resistauce construction reauirements of the F7orada Building Code. 110.3.1 Reserved. 110.3.2 . Reserv�. SECTIOI�T 118 V�RiANCF.S IN FLOOD IiA7ARU AREAS 118.1 Flood hazard areas. Pursuant to section 553.73(51. F.S.. the variance nrocedures adonted in the local floodAlain management ordinance shall annlv to reauests submitted. to the Building 9fficial for variances to the flood load and flood resistant nrovisions of the Florida Building C e �18.� Coastal construction control ine. pu,rsuant to Sec. 553.73(51, F.S.. the variance Arocedures adanted in the villa�e's flaodnlain manasement ordina.nce aball not anulv to the eauirements of Section 3109 of the Florida Bualding Code. BuildinF. annlicable to buildines s�a.wazd of the coastal construction control line. Section 3: F�a.ch and every other section and subsection of Chapter 14. Buildings and Building Regulations. shall remain in full force and effect as previously enacted. Seetion 4: All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5: Should any section or provision of this ordinance or any portion thereof, any pazagraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision sha11 not affect the validity of the rema.inder of this ordina.nce. Section 6: Specific authority is hereby granted to codify and incorporate this ordinance into the existing Code of Ordinances of the Village of Tequesta. 5 Section 7: This ordinance shall take effect immediately upon adoption. 6