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HomeMy WebLinkAboutDocumentation_Local Planning Agency_Tab 04_01/16/2014 ORDINANCE NO. 3-14 AN ORDINANCE OF TI� VILLAGE COUNCIL OF TI� VILLAGE OF TEQUESTA, FLORIDA, A11FiENDING ITS CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE XII. FLOOD DAMAGE PREVENfiION. SECTIONS 78-835, 78-837 AND 78-853 TO PROVIDE LOT GRADING AND DRAINAGE PLAN SUBMITTAL REQUIREMENTS, AND TO SPECIFY THAT SUBDIVISION PROPOSALS, OTI-�R NEW DEVELOPMENT P1�OPOSALS AND ALL OTHER I�EVELOPMENT PROPOSALS M[JST BE DESIGNED TO PREVENT ADVERSE FLOOD IMPACTS FROM STORM WATBR RUNOFF ONTO ADJACENT PROPERTIES, AND TO REQUIRE TI� USE OF GUTTERS AND DOWNSPOUTS IN CERTAIN CIRCUMSTANCES; ALSO AMENDING SECTIONS 78-801 AND 78-836 TO PROVIDE FOR APPROPRIATE CROSS-REFERENCES; PROVIDING THAT EACH ANU EVERY OTI�R SECTION AND SUBSE�CTION OF CHAPTER 78. �ONING. SHALL REMAIN IN FLTLL FORGE AND EFFEGT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE A SEVERABILITY CLAUSE AND AUTHORITY TO CUDIFY; PROVII)ING AN EFI'ECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village Council of the Village of Tequesta desires to provide lot grading and drainage plan submittal requirements to the ViIlage's floodplain management regulations; and �IEIdEAS, the Village Council of the Village of 'Tequesta desires to add clarifying language to the Vil�age's floodplai.n management regulations to specity that future development an.d re-development may have no ad.verse impacts to adjacent properties i� respect to storffi water runoff; ant? • �RLAS, certain cross references are required to be added inta this code for state � compliance requirements; and �'Y�iEREAS, ��e Villa.�e C.oun.cil believes tha.t thes�: a.me�idm�;nts to the �7illa.ge's . floodpla.;n managern.ent reaulations will promote the health, :;afety and �elfare of the citizens of the Village of Tequesta and are in the best interests of the Villa�e. NOW, TI-iEItEFORE, BE IT ORDAINED BY �`EiE VILLAGE CUUNCIL OF THE ��ILI.AcJE OF TEQiJESTA, FLORIDA, THAT: Se�ction ].: Chapter 78. Zoning. of tlze Cude of Ordinances of r:ne Villa.g� of Tzquesta, is hereby amended at r'1,rticle XII. Flood Damage Prevention. by asnznding sections 78-835, 78- 837 and 7�-�53 to specify that subdivision proposals, other new development proposals and a11 1 other development proposals must be designed to prevent adverse flood i.mpacts from storm water runoff onto adjacent properties, and by amendi.ng sections 78-801 an.d 78-836 to provide required cross- referen�es; providing that sections 78-835, 78-$37, 78-853, 78-801 and 78-836 sha11 hereafter rea.d 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 articie sha11 be dra.wn to scale and shall include, as applicable to the proposed development: l. Delineation of flood hazard areas, floodwa.y boundaries and flood zone(s}, base flood elevation(s) and ground elevations if necessary for review of the proposed development. � 2. Where flood hazard areas, base flood elevations, or floodwa.y data are not included. on the FIItM or in the flood insurance study, they shall be established in accordance with section 78-802 of this article. 3. Where the parcel on which the proposed development will take place will have more than SO lots or is larger than five acres and the base flood elevations axe not included. on the FIRM or in the flood insurance study, such elevations sha11 be established in accordance section 78-802{1) or (2)�a of this article. 4. Location of the proposed activity and proposed structures, and locations of existing buildings and struciures; in coastal high hazard areas, new buildings shall be located landward of the rea.ch of inean high tide. 5. Location, extent, amount, and proposecl final grad.es of any filling, grading, or excavation. 6. Where the placement of fill is proposed, the amount, type, and source of fill material; compaction sp�cifications; z�escription of the intended purpose of the fill areas; and evidence that the propased fill areas are the minimum necessaxy to achieve the intended pur�ose. 7. Delineation of the coas�at cons�uction control line or nota.tion tha.t the site �5 sea.ward of the coastal construcrion co�ix�l line, if applica.ble. 8. Extent of any proposed alteration of sand dunes or mang,rove stands, provided such altera.tion is approved by the Florida Department of Environmental Protection. Subdivisions ��c. 78-835. Minimum requirements. Subdivision proposals shall be re��iewed to determine that: 1. Such proposals are consistent with the need to rninimize fJood damage and will be reasona.bly safe from floodi�ig; 2. All public utilities and faciliti��s such as sewer, gas, electric, communica.tions, and wa.ter systems are located and constt�ucted to mirdimize ar eliminate flood damage:, and 3. Adequate drainage is provided to reduce expost�re to flood ha,zards and to nreve �3verse imnacts to adiacer�t�ro�rt�,es_ fr�n1 �tarmwatgr runoff In Zones AH and AO, adequa.te drainage paths shall be provided to guide floodwaters aroun.d and 2 away from proposed structures. ,All structures exceedin� one storv in hei�ht shall be reauired to inc�morate �utters and downsnauts to collect and d3rect runoff to �round level. or below �round level if dischar�e to a below erade structure canal 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. Delinea.tion of flood hazard azeas, floodway bowndaries and flood zones, and design flood elevations, as appropriate, sha11 be shown on prelim.inary 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 in.cluded on the FIRM, the base flood elevations determ.i.ned in accordance with section 78-802(1) or (2)�a of this azticle; and 3. Compliance with the site improvement and utilities requirements of Sec. 78-838 Site Improvements, Utilities and Limitations Sec. 78-837. Minimum requirements. AII proposed new development sha.11 be reviewed to determine that: 1. Such proposals are consistent with the need to *ninuni�e flood damage and will be reasona.bly safe from flooding; 2. All public utilities and facilities such as sewer, gas, electric, comm.unications, and . wa.ter systems are loca.ted and c:onshucted. to minimize or eli.mina.te flood dama.ge; an.d 3. Adequaxe dra.inage is provid�d to reduce exposure to flood hazards and to nrevent adverse imuacts to adiacent uronerties from stormwater runo . In Zones t�.H and AO, adecluate drai�zage paths shall be provided. to guide floodwaters aroi3nd and away from proposed si:r�actures. All s�tructures exceedin� one storv 'n_ hei�ht shall b�uired to incorr�arate eutters a�nd downsuouts to collect arzd direct runoff ta ground lev�i. ar b evel if dischar�e to a below �rad.e st�v.ct�r.re canal or lake is nt�ss 4. Construct doc«m.�nts sub with an a�nlica.tion for new construct of. ur substantial unDrovements to a sin�le familv dwellin� shall_be accomnanied bv a lot �ra.din� nlan demanstr�.tn� that stormwater runoff will not adverePlv imnar.t adLacent nr�nerties. Such �� ans _shall be drawn to scale on l 1"' x I 7„or lare pane�: sha �haw the l a_�Ie� of the existin� sroun and all orE r�i . off site structuz�e�witliin 15 feet of the lot bein� imnroved•_ hall inc ude flow arrows denicti�� �,�.,�e ..f. direction: and shall show locations of io o:f dr i�.x�s_ and how fl w w' 1�rected or dii�used at or below �round leve] Other Development �e�. 78-853. Gen�eral �equi�-�reients fo� oth�r developmen� All development, inciudzn� man-made changes to improved or unimproved real estate for which specific provisions are not specified in this ordinance or the Floridca Building Cnde, sha71: l. Be located and �onstructed to minimi�e flood damage and to r�revent adverse �acts to adi acent nronerties from stormwater runoff. A11 structures exc i g oae storv in heisht sha11 be reauired to incoroora.te eutters and downcnn,�t� r� ' 3 collect and direct runoff to �round level or below �round level if dischar�e to a below Qrade structure canal or lake is nossible; 2. Meet the li.mitations 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 hydrostatic load.s, including the effects of buoyancy, during conditions of the design flood; 4. Be constructed 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 annlicati for new construction of or substantial imnrovements to a sinsle faznil.v dwelli.n� shall be accomnanied bv a lot �radin� tilan demonstratin� that stormwater runoff will not adverselv imnact ad.iacent oronerties Such nlans shall be drawn to scale on 11" x 1T' or lar�er pa�er: shall show the loca.tion and elevation of the existins �round a,nd aIl an and off-site structures within 15 feet of the lot bein� im.nroved• sha11 include flow arrows deuictin� surface flow direction: and shall show locations of roof drains and how flow will be directed or diffused at or below �round level Section 2: Ea.ch and every other Section and Subsection of Chapter 78. Zoning. shall remain in full force and effc.�,t as previously ad.opted. Sec4ion 3: All ordinances or parts of ordinances in conflict be and the same aze hereby repealed. Section 4: Should a�y section or provision of this Ordinance or any po�tion thereof, any para�aph, s�ntPnce �r �vc�rd be declared by a court of com�et�ut jut �o be invalid, such decision shall not affect the validity of the remainder of fihis Ordinance. S�ction �: Specific authority is hereby granted to codify this Orrlinance. Section (e Ts�is Ur�inance shall take effect iminediately up:�n passage. 4