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HomeMy WebLinkAboutOrdinance_03-14_02/13/2014 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 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; 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 A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE 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 Village's floodplain management regulations; and WHEREAS, the Village Council of the Village of Tequesta desires to add clarifying language to the Village'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 that 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, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1 : Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article MI. Flood Damage Prevention. by amending sections 78 -835, 78- 837 and 78 -853 to specify that subdivision proposals, other new development proposals and all 1 other development proposals must be designed to prevent adverse flood impacts from storm water 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 shall hereafter read as follows: See. 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 applicable to the proposed development: 1. Delineation of flood hazard areas, 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 FIRM 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 50 lots or is larger than five acres and the base flood elevations are not included on the FIRM or in the flood insurance study, such elevations shall be established in accordance section 78- 802(1) or (2)W of this article. 4. Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas, new buildings shall be located landward of the reach of mean high tide. 5. Location, extent, amount, and proposed final grades of any filling, grading, or excavation. 6. Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minim necessary to achieve the intended purpose. 7. Delineation of the coastal construction control line or notation that the site is seaward of the coastal construction control line, if applicable. 8. Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection. Subdivisions Sec. 78 -835. Minimum requirements. Subdivision proposals shall be reviewed to determine that: 1. Such proposals are consistent with the need to minimiz flood damage and will be reasonably safe from flooding; 2. All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimiz or eliminate flood damage; and 3. Adequate drainage is provided to reduce exposure to flood hazards and to prevent adverse impacts to adjacent properties from storm water runoff. In Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and 2 away from proposed structures. All structures exceeding one story in height shall be required to incorporate gutters and downspouts to collect and direct runoff to ground level, or below ground level if discharge to a below grade structure, canal or lake is possible. Sec. 78 -836. Subdivision plats. Where any portion of a proposed subdivision lies within a flood hazard area, the following shall be required: 1. Delineation of flood hazard areas, 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 than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with section 78- 802(1) or (2)W of this article; and 3. Compliance with the site improvement and utilities requirements of Sec. 78 -838 Site Improvements, Utilities and Limitations Sec. 78 -837. Minimum requirements. All proposed new development shall be reviewed to determine that: 1. Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; 2. All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimiz or eliminate flood damage; and 3. Adequate drainage is provided to reduce exposure to flood hazards and to prevent adverse impacts to adjacent properties from storm water runoff. In Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. All structures exceeding one story in height shall be required to incorporate gutters and downspouts to collect and direct runoff to ground level, or below ground level if discharge to a below grade structure, canal or lake is possible. 4. Construction documents submitted with an application for new construction of, or substantial improvements to a single family dwelling shall be accompanied by a lot grading plan demonstrating that storm water runoff will not adversely impact adjacent properties. Such plans shall be drawn to scale on 11" x 1T' or larger paper; shall show the location and elevation of the existing ground and all on and off -site structures within 15 feet of the lot being improved; shall include flow arrows depicting surface flow direction; and shall show locations of roof drains and how flow will be directed or diffused at or below ground level. Other Development Sec. 78 -853. General requirements for other development. All development, including man -made 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 constructed to minimize flood damage and to prevent adverse impacts to adjacent properties from storm water runoff. All structures exceeding one story in height shall be required to incorporate gutters and downspouts to 3 collect and direct runoff to ground level, or below ground level if discharge to a below grade structure, canal or lake is possible; 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, 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 application for new construction of, or substantial improvements to a single family dwelling shall be accompanied by a lot grading plan demonstrating that stormwater runoff will not adversely impact adjacent properties. Such plans shall be drawn to scale on 11" x 17" or larger paper; shall show the location and elevation of the existing ground and all on and off -site structures within 15 feet of the lot being improved; shall include flow arrows depicting surface flow direction; and shall show locations of roof drains and how flow will be directed or diffused at or below ground 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 remainder of this Ordinance. Section 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall take effect immediately upon passage. 4 Upon Second Reading this 13 day of February 2014, the foregoing Ordinance was offered by Council Member Okun 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 / igai rennan ATTEST: T , Lori McWilliams, MMC AT-. sp Village Clerk _- G� EAL -.7 - 5