HomeMy WebLinkAboutDocumentation_Local Planning Agency_Tab 05_01/16/2014 ORDINANCE NO. 4-14
AN ORDINANCE OF THE VII.LAGE COUNCII. OF THE VII.LAGE OF
TEQUESTA, FLORIDA, 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 O'THER VEGETATION TO BE PRESERVED ON SITE" TO PROVIDE
FOR TI-� PROTECTION OF TREES AND OTHER VEGETATION DURIl�TG
CONSTRUCTION; AND AN ENTIRELY NEW SECTION 14-5 ENTITLED
"BOARDING OR CONCEALING STUREFRONTS DURING
CONSTRUCTION" TO PROVIDE REGULATIONS REGARDING TF�
BOARDING OR CONCEALING OF STOREFRONTS WITH4UT A
BUILDING PERMIT; AND AT ARTICLE II BUII.,DINGS. BY INSERTING
REGULATIONS FOR FLOODPLAIN r�DMINISTRATION, AS REQUIlZED
BY FEMA; PROVIDING THAT EACH AND EVERY OTI�R SECTION AND
SUBSECTION OF CHAPTER 14. BUII.,DINGS AND BUILDING
REGULATIONS 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 O'TI�R PURPOSES.
W�REAS, the Village's landscaping consultant has advised the Village Council to
adopt code for the protection of certai.n trees and vegetation on construction sites; and
�IEREA�, �he Village Council has leu-ried th�.t th�re hav� l�een a number of cases
��her� �toc�efrant windo�vs have been roarded or coverEd in or�3er to conceal from public view
certain vuork and construction activities being perfornled at the store v��thout the proper permits;
�uad
�i%I�EREAS, in order to be in compliance with certain FEMA regulations, the Village's
�u.iiding code ad.ministrative section must include cet1.ain regula�ions for floodplain
administra.tion that interact with the Villa.ge's floodplain admiiustration code at Chapter 78,
Article XII; aiid
� WEiE1ZEAS, the Villa;e Council of the Vil"lage of Tequesta, Florida, desires to amend
Cha�ter 14. Bt�ildings �nd Building Regulations. Article I. In Ceneral in order to provide for the
protection of certain trees and vegeta.tion on construchon sites, and also to prohibit the boarding
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or covering of storefront doors, windows or other openings without an ac�ive permit in place for
such work and constru.ction activities, and further amend Chapter 14. Buildi.ngs and Building
Regulations. Article II. Buildings. in order to provide regulations for �oodplain administration
that interact with the Village's floodplain administration code at Chapter 78, Article XII; and
WHEREAS, the Village Council believes these amendments to its Code of Ordinances
are in the best interests of the citizens of the Village of Tequesta..
NOW, T'HEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF 'TI�
VILLAGE OF TEQLTESTA, FLORIDA, THAT:
Section 1: Cha.pter 14. Buildi.ngs 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 and other vegeta.tion 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 "Boazding or concealing storefronts during consh�uction" to
provide regulations regazding the boardi.ng or concealing of storefronts without a building
permit; providi.ng that Chapter 14 Article I sha11 hereafter read as fallows:
ARTICLE I. IN GENERAL
--�-----------------------___..------ ------ --�- -- �--- ---�------------------�-------�------�-- ------ --
5ec. 14-1. Limitations on davs and hour� of work on builda.n�s
Sec. 14-2. Numberin� of build.ings.
Sea 14-3. Contral of d��.st and biowir�� sai;.d.
Sec. 14-4, Protection of trees and ot�ier ve�eta.tion to be nreserved on site
Sec. 14-5. Board'zn�_o�conc '� store�onts dw�in.g constructi.on or renovation.
Secs. 14-6 4-14-30. Reserved.
S�c. 14-1. l.�mitations on days and hours of ���rk mn buildings.
(a) No person sha11 conduct Yhe erection (including exca.vating), demolition,
altera.tion or repair of a.ay building or shucture in the village on Sundays or iz�a7
holida.ys, unless approval to conduct work on Sundays has been granted by th�
village council.
(b) No person sh�J.f c�nduct the erection (including excavating), demalit�o�,
altera.tion or repair of ��.ny building on weekda.ys, including Saturda,ys, other than
between th� hours of %:QO a.m. a�:d 6:00 p.m.
(c) No person shall delider building supplies or materials during thz hours whe�
erection, demolition, alteration or repair of any building or structure is forbidden
by this section.
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(d) There shall be no contra.cted labor or services, excluding janitorial services,
performed on any yard or building or structure in the village on Sundaq or legal
holida.ys, and on weekdays, including Saturda.ys, other than betweea the hours of
7:00 am. and 6:00 p.m., unless approval to do so has beea granted by the village
council.
(e) The conduct described in this section may be carried on in cases of urgent
necessity where health or safety is involved.
Sec.14-2. Numbering of buildings.
The building official, or other official designated by the village council, shall
provide for the numbering of all houses and buildi.ngs within the village, and sha11
maintain a map in the office of the village showing the numbers.
Sec.14-3. Control of dust and blowing sand.
(a) During the course of any coastru.ction or demolition work bein.g doae on any
premises, it shall be unlawfiil for any person to cause, permit or allow the
emission of particulate xnatter from any source whatsoever, including but not
limited to incidents caused. by vehicular movement, tra.nsportation of materials,
construction, alteration, demolition or wrecking of buildings or structures, or the
stockpiling of sand or dirt, without taking reasonable precautions to prevent such
emissions or to preclude such particulates tha,t may trespass on neighboring
properties during dry a.nd windy weather. In the rase oF stockpiled particulate
materials, such materials shall be stabilized by adequate coverings, by wettin.g, by
apProved chemical application or by other approved. means, to the sa.tisfactian of
the building oi�'icial.
(b) In addition to other remedies for violations of this Code, the violatian of this
section shall constitute grounds for the issuance of a stop work order by the
buildi.ng officia� in accordance with the provisions of the building code.
Sec.14-4. Protecti � of Yrc�s an� other ee�etatio ta be nresexti ed on_�ate,
Tr�es and other ve�ztation which are to be nreserved c�n the site r��' a c on.5t�u�io�r
�roiect shall be nr from dama.ge durin� the construetion nrocess in accordance
with atinronr tree and ve�etation nrotection techniaues "Trees and Develonment• A
Technical G_�ude �a Pres�rvat�an of Tr � s Uurin Land D�v_ el_o ��t�', bv 'elda Ma�he��n •.
& James R Cl,�rk as u_li�ed bv-t�e Stdte Forest Service. D�p�t e���f A rici ture ati�
Consum.er�er sha11 nrovide �uidance for detemunin� the annron�iate techniaues to
be utilized on. aat� 'ven site. At a '' um.. all ve�etation axeas s�ialZ re fenced with
screenin� tp�r�e - ent dama�e. Anv tree or other niece_ of ve�eta.tion intended to be
nreserveci on site bui which does not survive the construction �racess sha11 be zenlaced
with a� ree u��tr�.er ve�eta.tiou comnarable in size and aualitv. MuJti�,le trees wi'th an
over l�l .�runlc d�.ameter eaual in size to a destroved tree mav be util•iz�:d to renlacz laz_�er
trees.
ee.14-5 Baacdiin� or concealan storefronts d.u��ing conshuction or renova�ian
Non- e�s'deutial co�s.t�uction or renovation sites mav cover storefront wind�e ws,
includin� windows located on doorwavs_._in order to conceal interior construction or
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renovation work onlv unon issuance of a nermit bv the Buildin� Official This sectio
sha11 not annlv to the use of storm shutters nuxsuant to Sec. 78-306. or to emer�encv
zena.ir or renlacement of brokea windows or doors tem.uorarilv — aot to exceed ten (101
davs unless annroved. bv the Buildi.n� Official.
Secs. 14-( 4--14-30. Reserved.
Section 2: Chapter 14. Buildings and Building Regulations. of the Code of
Ordinances of the Village of Tequesta is hereby amended at Article II. Buildings. by adding
floodplain administration regulations into the Village's building code administrative chapter in
order to provide regulations for floodplain administration that intera.ct with the Village's
floodplain administration code at Chapter 78, Article XII Pursuant to FEMA requirements;
providing that the following sections, subsections and paragraphs sha11 be inserted a.nd re-
numbered as indicated, into the Village's administrative cha.pter for the building code as follows:
Chapter 1 Administration
Table of Contents
Section 101 GENERAL
Section 102 AI'PLICABILITY
Section 103 BUILDING DEPARTMENT
Section 104 DUTIES AND POWERS O�' THE BiIILDING OFFICIAL,
Section 105 PERNIITS
Section 106 FLOOR AND ROOF LOADS
�ectian 107 CONS'�'RUGTION DOCUMENTS
5ection 108 T'�MPORARY STRUCTtTRES AND USES
Sec#�on 109 FE�;S
Sec�ion 110 IN�PECTIONS
Secrion 111 CERTIFICATES OF UGCUPANCY AND COMPLETIUN
Sectian 1 l2 SERVICE UTILITIES
Sectio;� ] 13 BUI.�I7[N�'r BOARI7 OF ADNSTMENT'S �dD APP�,AI,�
Section 1 ] 4 VIOLATIONS
Section 11 � STOP WO1�K ORDERS
Section 1 i6 UNSAFE S7'RUCTURES AND EQUIl°MFNT
Section 1' 7 'I'ESTS
Section 1? 8 VARIANCES IN FLOOD HAZARD AREAS )
�ecti�n l i 9 SEVERABILITY
�Q 4. l01 �Ic�difica�inns of th� strict annlic�tic�n �f th� Y'£LIiYYi •effieaats of tlne Flo�ida
urldi�z� Carle. The Buildi.n� Official actin� as the Flood��a,in Adininistra.tar sh�11 review
' eauests submitted ta the Buildin� Official tha.t seek a�nn.roval to modifv the strict
annlication of the flood resi�tant construction reauirements of the Florida Building Code
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to determine whether such reauests reauire the Qrantin� of a variance nursuant to Section
118 an.d the local floodnlain mana.�ement ordi.nance
105.5 ��: Reserved
07.6.1 Buildin� nermits issued on the bacis of an affidavit. Pl� uant to e
reauirements of federal re�ulatioa for narticination in the National Flood Insurance
ro�ram l44 C.F .R SeCtlOris 59 and 601 the authnritv urantPri tn thP R„ilr�;ncr fl+x.•;�,1 t..
issue nermits. to relv on insnections_ and to accent nlans and construction documents o
tb.e basis of affidavits and ulans submitted. nursuant to Section 1 US 14 and Section 107 6
shall not e�rtend to the flood load and flood resistance construction reauirements o the
Flo�id.c� Buildzn� Code.
110.3.1 . Reserved.
i 10.3.2 . Reserved.
SECTION 118
VARIANCES FLOOD IiA7�R� �RFAS
11�.] �'lood hazard areas Pursuant to section 553 73(51 F S the variance �rocedures ad.onted
iri tti local flood lain mana,�ement ordinance shall annlv t reaue submitted to the Buildin�
Of�iCl� fOP 4 'ances to the nrovisions of Sectioa 1612.4 af tlze Flori � Building Code. Buildzn�
o r, as ar��licable. the nrovisions of R322 of the Flo�ida �uildzng Code, Residential This section
s�l. a�1 not a�lv to Section 3109 of the FZoYida Ttuildin� Cod Builcling
�eetion 3: Ea.ch and every ot�er section and subsection of Chapter 14. Buildings and
Bu�lding Regnlations. shall remain in full fc=rce as�d e�ect as pr��✓iously enacted.
Sectaon �: All ordinances or parts of ordinances in contlict herewith be and the same
are �ier�by repealed.
�ection 5: Should any section or provision of this ordinance or any portion thereof,
any �aragraph, sentence or word be declared by a Court of competent jiirisdiction to be invalid,
such decision sha11 not affect the validity of the remainder oi'tlus ordinance.
Sectioa 6: Specific authority is herc;by granted to cc�c�ify and incoxporate this
ordinance into the existing Code of Ordinances of the �Till�.ge af Tequesta.
Seelian 7: This ordinance shall take effect imniediateDy upon adoption.
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