The URL can be used to link to this page

Home My WebLink AboutDocumentation_Regular_Tab 06_02/13/2014 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 3-14 2/13/14 Consent Agenda: No Resolution #: Originating Department: Legal � �� .. . . - : -. . -.. ORDINANCE 03-14, SE�f�ND F�EADING, AMENDING ITS CODE �F Of�DiNAtvCES AT CHAPT�� ', 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. Village Attorney Davis : . . . .. Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: BudgetTransfer Required: C:hoose an Appropriate Fund Balance: �=��oc;s� ,!� �':��r: `' • � •' � • • • -� . Department Head Submitted by Legal Finance Director Reviewed for Financial S�y#f'icienc No Financial Impact [� Attorney: (for legal sufficiency) Village Manager: ��-�--`__- � Submit for Council Discussion: [� Approve Item: ❑ Deny Item: � • • - . . - _. -- - . -. .- - . .- - .- . ..- . . -.. ... - . - - - . - Form Amended: 7/12/12 ORDINANCE NO. 3-14 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF � TEQUESTA, FLORIDA, 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 IlVIPACTS FROM STORM WATER RUNOFF ONTO ADJACENT PROPERT`IES, AND TO REQUIRE TI� USE OF GUT°TERS AND DOQVNSPOUTS IN CERTAIN CIRCLJMSTANCES; ALSO AMENDING SECTIONS 78-801 AND 78-836 TO PROVIDE FOR APPROPRIATE CROSS-REFERENCES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE �11 SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTI�R PURPOSES. WHEREAS, the Villa.ge Council of the Village of Tequesta desires to provide lot grading and drainage 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 Villa.ge's floodplain management regulations to specify that future development and re-development may 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 tha.t these amendments to the Village's floodplain management regulations will promote the health, safety and welfare of the citizens of the Village of Tequesta and are in the best interests of the Village. NOW, TI�REFORE, BE TT ORDAINED BY THE VILLAGE COUNCII. OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Chapter 78. Zoni.ng, 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 tha.t subdivision proposals, other new development proposals and a11 1 ' other development proposals must be designed to prevent adverse flood impacts from storm wa.ter 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 sha11 hereafter 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 applica.ble to the proposed development: l. Delineation of flood hazard azeas, floodway 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 floodway data. are not included on the FIlZM or in the flood insurance study, they sha11 be established in accordance with section 78-802 of this article. 3. QVhere the parcel on wbich the proposed development will ta.ke place will have more than SO lots or is larger than five acres and the base flood elevations are 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 this article. 4. Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastallugh hazard areas, new buildings shall be located landwazd of the reach of inean high tide. 5. Location, extent, amount, and proposed final grades of any filling, grading, or exca.vation. 6. Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifica.tions; a description of the intended pur�ose of the fill areas; and evidence that the proposed fill azeas are the minimum necessary to achieve the intended purpose. 7. Delineation of the coastal construction control line or notation that the site is sea.wazd of the coastal construction control li.ne, if applicable. 8. Extent of any proposed alteration of sand dunes or mangrove stands, provided such altera.tion is approved by the Florida Deparlment of Environmental Protection. Subdivisions Sec. 7&835. Minimum requirements. Subdivision proposals sha11 be reviewed to determine that: 1. Such proposals aze consistent with the need to minimi�e flood damage and will be reasona.bly safe from flooding; 2. All public utilities and facilities such as sewer, gas, electric, communications, and water s�stems aze located and constructed to minimi�e or elimina.te flood damage; and 3. Adequate dra.i.nage is provided to reduce exposure to flood hazards and to nrevent verse imnacts to adiacent nronerties from stonmwater runoff. In Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters azound and 2 away from proposed structures. 1 c '� one storv in hei�ht shall be reauired to incoroorate Qutters and downsuouts to collect and dizect runoff to �round level. or below �round level if discharge to a below srade structure, c ar lake is nossible. 5ec. 78-836. Subdivision plats. Where any portion of a proposed subdivision lies withi.n a flood. hazard area, the following shall be required: 1. Delineation of flood hazard azeas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats and final plats; � 2. Where the subdivision has more thau SO lots or is larger than five acres and base flood elevations are not included on the FIltM, the base flood elevations determined in accordance with section 78-802(1) or (2)� of tUis article; and 3. Compliance with the site improvement and utilities requirements of Sec. 78-838 Site Improvements, Utilities and Limitations � Sec. 7&837. Minimum reqnirements. All proposed new development sba11 be reviewed to determine that: 1. Such proposals aze consistent with the need to minimi�.e flood damage and will be reasonably safe from flooding; 2. All public utilities and facilities such as sewer, gas, electric, communications, and wa.ter systems aze laca.ted and constructed to minimi�e or eliminate flood dama.ge; and 3. Adequa.te drainage is provided to reduce exposure to flood hazards and to nrevent verse imnacts to adiacent nronerties from stormwater runo . In Zones AH and AO, adequa.te drainage paths shall be provided to guide floodwaters around and awa.y from proposed structures. s exceedi.n� one storv in heisht sh be reauired to incoroorate gutters and downsnouts ta collect and direct runoff to �round level. oz below eround level if dischar�e to a below arade structure. canal or lake is nossible. 4. onstruction documents submitted with an annlication for new construction of. or stantial imnrovements to a single familv dwellin� shall be accomtianied bv 1 t Qradine nlan demonstra.tine that stormwater runoff will not adverselv imnac �diacent nronerties. Such nlans shall be drawn to scale on 11" x 1T' or laz�er naner: shall show the location and elevation of the existine eround and all on and o-site structures within 15 feet of the lot bein� imnroved; shall include flow ows denictin� surfa.ce flow directian: and shall show locations of roof drains how flow will be directed or di�ffused at or below Qround level. Other Development Sec. 78-853. Gener�l reqnirements for other developmen� All development, including man-mad.e changes to improved or unimproved real estate for which specific provisions are not specified in this ordinance or the Florida Building Code, shall: 1. Be located and constiructed to minimi�e flood damage d to urevent adverse s to adiacent nronerties from storm er runoff. All structures exceedin� ane storv in. hex�ht sha11 be reauired to incoroorate �utters and downsnouts to 3 collect and darect runoff to �round level, or below ground level if discharge to low Era.de 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 hydrostatic loads, includi.ng 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 loca.tions. 6. Construction documents submitted with an annlication for new construction o£ or ubstantial imnravements to a sin�le familv dwellin� shall be accomnanied bv a lo ' e nlan demanstratin� tha.t stormwater runoff will not ad.verselv itnnact ad.iacent Dronerties. Such nlans shall be drawn to scale on 11" x 1T' or lar�er aner: shall show the location and elevation of the existin� �round and all on and off-site structures within 15 feet of the lot beine imnroved.: shall include flow ows denicting surface flow direction; and shall show loca.tions of roof dra.ins and how flow will be directed or diffused at or below �round level. Section 2: Each and every other Section and Subsection of Chapter 78. Zoning. 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 rema.inder of this Ordinance. Section 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance sha11 take effect immediately upon passage. 4