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Home My WebLink AboutOrdinance_04-14_02/13/2014 ORDINANCE NO. 4-14 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. AT ARTICLE I. IN GENERAL. BY AMENDING SECTION 14 -1 TO SPECIFY LEGAL HOLIDAYS ON WHICH CERTAIN WORK IS PROHIBITED; AND 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; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 14. BUILDINGS 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 OTHER PURPOSES. WHEREAS, the Village Council desires to specify the legal holidays upon which certain construction work is prohibited throughout the Village; and WHEREAS, the Village's landscaping consultant has 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 be in compliance with certain FEMA regulations, the Village's building code administrative section must include certain regulations for floodplain administration that interact with the Village's floodplain administration code at Chapter 78, Article XII; and 1 WHEREAS, the Village Council of the Village of Tequesta, Florida, desires to amend Chapter 14. Buildings 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 or covering of storefront doors, windows or other openings without an active permit in place for such work and construction activities, and further amend Chapter 14. Buildings and Building Regulations. Article II. Buildings. in order to provide regulations for floodplain administration that interact with the Village's floodplain administration code at Chapter 78, Article XH; 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, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1 : Chapter 14. Buildings and Building Regulations. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article I. In General. by amending Section 14 -1 to specify legal holidays on which certain work is prohibited; and 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; providing that Chapter 14 Article I shall hereafter read as follows: ARTICLE I. IN GENERAL Sec. 14 -1. Limitations on days and hours of work on buildings. Sec. 14 -2. Numbering of buildings. Sec. 14 -3. Control of dust and blowing sand. Sec. 14-4. Protection of trees and other vegetation to be preserved on site. Sec. 14 -5. Boarding or concealing storefronts during construction or renovation. Secs. 14 -6 - 14 -30. Reserved. See. 14 -1. Limitations on days and hours of work on buildings. (a) No person shall conduct the erection (including excavating), demolition, alteration or repair of any building or structure in the village on Sundays or on the following recognized legal holidays, unless approval to conduct work on Sundays or on such holidays has been granted in advance by the village council: New 2 Year's Day, MLK Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day. (b) No person shall conduct the erection (including excavating), demolition, alteration or repair of any building on weekdays, including Saturdays, other than between the hours of 7:00 a.m. and 6:00 p.m. (c) No person shall deliver building supplies or materials during the hours when erection, demolition, alteration or repair of any building or structure is forbidden by this section. (d) There shall be no contracted labor or services, excluding janitorial services, performed on any yard or building or structure in the village on Sunday or legal holidays, and on weekdays, 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 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 buildings within the village, and shall 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 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 limited to incidents caused by vehicular movement, transportation 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 that may trespass on neighboring properties during dry and windy weather. In the case of stockpiled particulate materials, such materials shall 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 building code. Sec. 14 -4. Protection of trees and other vegetation to be preserved on site. Trees and other vegetation which are to be preserved on the site of a construction project shall be protected from damage during the construction process in accordance with appropriate tree and vegetation protection techniques. "Trees and Development: A Technical Guide to Preservation of Trees During Land Development ", by Nelda Matheny & James R Clark, as utilized by the State Forest Service, Department of Agriculture and Consumer Services, shall provide guidance for determining the appropriate techniques to be utilized on any given site. At a minimum, all vegetation areas shall be fenced with screening to prevent damage. Any tree or other piece of vegetation intended to be 3 preserved on site but which does not survive the construction process shall be replaced with a tree or other vegetation comparable in size and quality. Multiple trees with an overall trunk diameter equal in size to a destroyed tree may be utilized to replace larger trees. Sec. 14 -5. Boarding or concealing storefronts during construction or renovation. Non - residential construction or renovation sites may cover storefront windows, including windows located on doorways, in order to conceal interior construction or renovation work only upon issuance of a permit by the Building Official. This section shall not apply to the use of storm shutters pursuant to Sec. 78 -306, or to emergency repair or replacement of broken windows or doors temporarily – not to exceed ten (10) days unless approved by the Building Official. Secs. 14-6 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 interact with the Village's floodplain administration code at Chapter 78, Article XII Pursuant to FEMA requirements; providing that the following sections, subsections and paragraphs shall be inserted and re- numbered as indicated, into the Village's administrative chapter for the building code as follows: Chapter 1 Administrati on Table of Contents Section 101 GENERAL Section 102 APPLICABILITY Section 103 BUILDING DEPARTMENT Section 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL Section 105 PERMITS Section 106 FLOOR AND ROOF LOADS Section 107 CONSTRUCTION DOCUMENTS Section 108 TEMPORARY STRUCTURES AND USES Section 109 FEES Section 110 INSPECTIONS Section 111 CERTIFICATES OF OCCUPANCY AND COMPLETION Section 112 SERVICE UTILITIES Section 113 BUILDING BOARD OF ADJUSTMENTS AND APPEALS Section 114 VIOLATIONS Section 115 STOP WORK ORDERS Section 116 UNSAFE STRUCTURES AND EQUIPMENT Section 117 TESTS 4 Section 118 VARIANCES IN FLOOD HAZARD AREAS Section 119 SEVERABILTTY 104.10.1 Modifications of the strict application of the requirements of the Florida Building Code. The Building Official acting as the Floodplain Administrator shall review requests submitted to the Building Official that seek approval to modify the strict application of the flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 118 and the local floodplain management ordinance. 105.5 Reserved, 107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), the authority granted to the Building Official to issue permits, to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to Section 105.14 and Section 107.6, shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code. 110.3.1 Reserved. 110.3.2: Reserved. SECTION 118 VARIANCES IN FLOOD HAZARD AREAS 118.1 Flood hazard areas. Pursuant to section 553.73(5), F.S., the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the Building Official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building. Section 3 : Each and every other section and subsection of Chapter 14. Buildings and Building Regulations. shall remain in full force and effect as previously enacted. Section 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 paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this ordinance. 5 Section 6 : Specific authority is hereby granted to codify and incorporate this ordinance into the existing Code of Ordinances of the Village of Tequesta. Section 7 : This ordinance shall take effect immediately upon adoption. 6 Upon Second Reading this 13`" day of February 2014, the foregoing Ordinance was offered by Council Member D'Ambra who moved its adoption. The motion was seconded by Council Member Paterno and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Abby Brennan X Vice -Mayor Vince Arena X Council Member Steve Okun X Council Member Tom Paterno X Council Member Frank D'Ambra X The Mayor thereupon declared the Ordinance duly passed and adopted this 13`" day of February 2014. MAYOR OF TEQUESTA Abigai r, nn ATTEST: Lori McWilliams MMC FQG''• Village Clerk �'Q Q•POR • F "" SEAL = INCORPORATED 9TF OF �'p` 7