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VILLAGE CLERK'S OFFICE
AGENDA ITEM ROUTING SHEET .i
Meeting Date: Meeting Type: Regular Ordinance #: 04-15
04-09-2015 Consent Agenda: No Resolution #:
Originating Department: Legai
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9RDINANCE 04-15, FIRST READING�AMENDING CHAPTER 66. SUBDIVISIONS. OF THE
VILLAGE CODE OF ORDINANCES TO REFLECT CHANGES IN THE ADMINISTRATION AND
COMPOSITION OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT; SHIFTING
RESPONSIBILITY FOR PROCESSING SUBDIVISION APPLICATIONS FROM THE BUILDING
OFFICIAL TO THE DIRECTOR OF COMMUNITY DEVELOPMENT AND REVISING THE
TERMINOLOGY THROUGHOUT THIS CHAPTER ACCORDINGLY; PROVIDING THAT EACH AND
EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 66
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Account #: Amount of this item:
Budgeted amount available: Amount remaining after item:
Budget transfer required: Appropriate Fund Balance:
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Department Head
Legal (for legal sufficiency)
Finance Director or Representative
Reviewed for Financial Sufficiency ❑ �
,����
No Financial Impact [�
Village Manager:
Submit for Council Discussion: �
Approve Item: �
Deny Item� �
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Form Amended: 10/30/14
ORDINANCE NO. 4-15
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, FLORIDA, AMENDING CHAPTER 66.
SUBDIVISIONS. OF THE VILLAGE CODE OF ORDINANCES TO
REFLECT CHANGES IN THE ADMINISTRATION AND
COMPOSITION OF THE DEPARTMENT OF COMMUNITY
DEVELOPMENT; SHIFTING RESPONSIBILITY FOR
PROCESSING SUBDIVISION APPLICATIONS FROM THE
BUILDING OFFICIAL TO THE DIRECTOR OF COMMUNITY
DEVELOPMEATT AND REVISING THE TERMINOLOGY
THROUGHOUT THIS CHAPTER ACCORDINGLY; PROVIDING
THAT EACH AND EVERY OTHER SECTION AND SUBSECTION
OF CHAPTER 66. SUBDIVISIONS. 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 V'illage of Tequesta Department of Community Development is currently
admi.nistered by a Director of Community Development, and is separate and distinct from the
Building Depaztment; and
WHEREAS, Cha.pter 66. Subdivisions. of the Code of Ordinances currently places
subdivision applica.tion processing responsibility with the Building Official instead of the
Director of Community Development; and
WHEREAS, the V'illage Council desires to designate the Director of Community Devel-
opmeat as the appropriate person to process subdivision applications pursuant to Cha.pter 66, and
to replace the term "building official" with "director of community development" as it appeazs
throughout Chapter 66. Subdivisions, to reflect the duties of these deparhnents, and to provide
for internal consistency; and
WHEREAS, the V'illage Council believes these revisions to its subdivision code are in the
best interest of the Village of Tequesta.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH, COUNTY, FLORIDA, THAT:
SecNon 1. Chapter 66. Subdivisions., Article II. Procedure for Plat Review, Division 1.
Generally, Section 66-31 of the Code of Ordinances, V'illage of Tequesta, Florida, is hereby
amended by replacing the term "building official" with "director of community development", to
reflect the duties of these departments, and to provide for internal consistency; providing tha.t this
section sha11 hereafter read as follows:
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Sec. 66-31. — Preapplication procednre; sketch plan.
(a) Before any preliminary plat is prepared, the subdivider or developer of any land witliin
the corporate azea. of the village sha11 obtain a copy of the regulations in this cha.pter to
become familiar with their various provisions and requirements.
(b) A preapplication meeting shall be required with the ��g-e�� irector of communi-
�v develo�ment and appropriate village staff, the landowner and/or representa.tive, and
other entity representatives deemed appropriate, prior to submittal of an application for
subdivision sketch plan review, to ensure proper coordination, intention and understand-
ing in the development of land and buildings and to consider compliance with applicable
village regulations.
(c) An application in proper form must be filed with the ''a� directQr o commu-
' develv�ment by th� landown�r Qr his �.uthoriz�d �.gent t�n c�.ys prior to the_ next regu-
lar meeting of the village council along with a filing fee in an amount as determined by
ordina.nce of the village, which ma.y be amended. from time to time by the village council.
(d) The subdivider shall submit to the department of community development, at least two
weeks prior to a regular meeting of the village council, the original and ten copies of a
sketch plan of the pioposed subdivision for preliminary discussion. to exami.ne the scope
of development contemplated, and its nature, and to explain how it will fit into the devel-
opment pattern of the village. The sketch plan sha11 show the following features:
(1) The location of the land or site to be subdivided and the approxi.mate azea thereof.
(2) An indication of such natural features as unusual topography, low or swampy areas,
rivers, lakes or waterways, mangroves, and environmentally sensitive land oF habitat
azeas.
(3) An indication of the proximity of such utilities as water, sewers, drainage, a.nd electric
light and power, and how the subdivision will be served by each
(4) The subdivision of existing lands, if any, surrounding or abutting the proposed site,
notak��y the street pattern and adjacent subdivision lot layout:
(5) The relationship of the proposed subdivision to existing community facilities which
serve or influence it such as main traffic arteries, railways, waterways, shopping or
commercial centers, schools, parks and playgrounds or any other physical fea.tures
tha.t will ena,ble the village council to determi.ne how the subdivision will fit into the
pattern of the community as a whole.
(6) Tentative lot and block lines, including proposed lot areas. Where a small or irregular
tract of land will be created or may rema.in due to the development of a proposed sub-
division, the village council ma.y require tbat a practical plan for the development of
the tract be submitted. Where a practical layout cannot be made, the village council
may require revision of the proposed subdivision layout.
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(e) After review by the village sta.ff, copies of the sketch plan will be forwarded to the village
council for consicieration. If the sketch plan is disa.pproved, the village shall retain one
copy and instruct the subdivider not to praceed with the subdivision unless an.d until a
plan has been approved by the village council.
( fl Following the approvaUapproval with changes of the sketch plan, the subdivider ma.y
proceed to prepare a preliminary plat in accordance with the instructions contained. in di-
vision 2 of this arti�le. The subdivider may �l�ct to combine the preliminary and final plat
procedures.
Section 2. Cha.pter 66. Subdivisions., Article II. Proced.ure for Plat Review, Division 2.
Preli.m.i.nary Plat, Section 66-51 of the Code of Ordinances, V'illage of Tequesta, Florida, is
hereby amended by replacing the term "building offi�ial" with "director of community develop-
ment", to reflect the duties of these depattments, and to provide for internal consistency;
providing that this section shall hereafter read as follows:
Sec. 66-51. Approval Procedure.
(a) Any person desiring to subdivide land who has fulfilled the pre-applica.tion procedures
set forth ir� section 66-31 shall prepare a preliminary plat of the pFOposed subdivision in
accordance with the specifications and requirements as set forth in secrion 66-101
(b) Certifica.tion shall be provided. that the proposed subdivision meets the level of service
standards and concunency requirements of the village. Certification is to be provided by
a professional engineer, registered in the state, and be prepared in a format that can be
verified by the village.
(c) The landowner and/or representa.tive shall schedule a meeting with the �g-e�s�
irector ofcommunitv develonment, providing him with one copy of the proposed prelim-
inary plat for review and the level of service and concurrency certification.
(d) Upon completion of the 'a� di�ector ofcommunitv develoHment's review, ten
copies of the prelim�nary plat shall be filed with the department af community develap
ment at least two weeks prior to the village council meeti.ng at which it is to be consid-
ered.
(e) The village staff shall examine and check the preliminary plat for general engineeri.ng and
the requirements of section 66-52. The village staff shall check the preliminary plat for
street numbering and na.ming and conformance with the development pattem of the vil-
lage. The village staff shall forward to the village manager nine copies of the plat with
their approval or recommended changes.
(� The village council shall review the recommendations of the village staff. In its consider-
ation of the preliminary plat, the village council may ca11 upon an engineer, representa-
tives of the various utility companies, planning consultants, and other interested agencies
for information as to how the site of the proposed subdivision can be served with utilities,
drainage facilities, parks, schools and other appropriate infia,structure.
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(g) If the village council approves the plat conditional upoa modifications, corrections, or
changes, th� plat sh�11 b� a.l�ereci by th� subdivi�i�r to Eonform tp such modifications.
Section 3. Chapter 66. Subdivisions., Article III. Plat Requirements, Section 66-101 of the
Code of Ordinances, Village of Tequesta, Florida, is hereby amended by replacing the term
"buildi.ng official" with "director of community development", to reflect the duties of these
departments, and to pro�ide for internal consistency; providing that this_ sectio� shall herea$er
read. as follows:
Sec. 66-101: Preliminary pl��
(a) The prelim.inary plat shall be drawn to a scale of not more tha.n 100 feet to the inch, pro-
vided, however, tha.t a scale of 200 feet to the inch may be used for large areas, and shall
show the followirtg:
(1) Proposed. subdivision name or identifying title, which shall not duplicate or closely
approximate the name of any other subdivision in the county.
(2) Location sketch related to the village limits.
(3) North point, graphic scale and date.
(4) Name of t�ie owner of t�ie property or his aut�orized agen�, and also the names of
mortgagees.
(5) Name of the registered professional engineer and/or surveyor responsible for the plat.
(6) Locations and names of adjacent subdivisions.
(7) Boundary line of the tract to be subdivided drawn accurately to scale and with accu-
rate Tinear and angular dimensions.
(8) All existing watercourses, dra.inage ditches, caaals and bodies of water on or adjacent
to the proposed subdivision.
(9) All existing buildings on the proposed subdivision and all existing sewers, water
mains, culverts, fire hydrants, and underground or aboveground utilities on or adja-
cent to-the-proposed subdivision.
(10) All existing streets and alleys on or adjacent to the tract, including name, right-of-
way width and pavement width. Existing streets sha11 be dimensioned to tract bounda.-
ries.
(11) All existing properly lines, easements and rights-of-way and the purpose for
which the easements or rights-of-way have be�n established._
(12) Location and width of all proposed streets, alleys, rights-of-way, and easements,
purpose of easements, and proposed lot lines for each street
(13) Setback lines shall be shown when required by the village.
(14) Sites, if any, to be reserved or dedicated for parks, playgrounds, conservation
easement azeas, or other public uses.
(15) Sites, if any, for multiple-family dwelli.ngs, shopping centers, churches, or other
nonpublic uses exclusive of single-family dwellings.
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(16) Locations and size of proposed water, sewer, drainage facilities, fire hydrants and
ather utilities an the land to bE subdivided and on land within 1 UO feet thereof.
(17) Site data, in ta.bular form, including number of residential lots, typical lot sizes
and azeas, and areas in parks, etc.
(18) Space and forms for the following signatures indicating approval:
a. Dedication by owner.
b: Nota�y—Attest.
c. Surveyor.
d. V'illage manager.
e. Mayor.
f. Clerk—Attes�t.
g. ' Director of communitv develvvment.
h. Title company.
i. Mortgagee approval.
(b) Where the proposed plat covers only a portion of the subdivider's entire holding, a sketch
shall be submitted showing the prospective street layout and proposed use for the re-
mainder.
(c) The extent and boundaries of the platted. azea shall be gra.phically indicated in a clear and
understaudable manner.
(d) Ten copies of the deed restrictions and/or protective covenants, whereby the subdivider
intends to regvlate the land use other than through chapter 78, shall be attached to the
preliminary plat. Confarmance ta such deed restrictions shall nQt be the resp�nsibility of
the village.
(e) If the proposed land to be subdivided does not lie within the corporate limits but is pro-
posed for annexa.tion to the village, the preliminary plat shall show a plan indicating the
p�oposed use of the lots and the county zoning.
Section 4. Chapter 66. Subdivisions., Article III. Plat Requirements, Section 66-102 of the
Code of Ordinances, �llage of Tequesta, Florida, is hereby amended by replacing the term
"buildi.ng official" with "director of community development", to reflect the duties of these
departments, and to provide for intemal consistency; providing that this section shall hereafter
read as follows:
Sec. 66-102: Final plat
(a) The final plat shall be clearly and legibly drawn in ink or tracing cloth to a scale of not
more than 200 feet to one inch. Individual sheets shall not be larger than 24 inches by 36
inches overall, as approved by the county for purposes of recording. Where the final plat
of a proposed subdivision requires more than one sheet, each sheet sha11 be keyed to a
master ma.p with appropriate marks of identification.
(b) The final plat shall include the followi.ng information:
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(1) Location sketch showi.ng the lacation of the subdivision with respect to section or
gova�unent lot lu�s.
(2) Boundary lines of the tract with accurate distances measured to hundredths of a foot
and angles to half minutes. The boundaries shall be determined by accurate survey in
the field, which shall be balanced and closed with error closures not to exceed one
foot to 5,000 feet. Surveys sha11 be coordi.na.ted and tied into the nearest established
section corner or quarter section by angle and distance.
(3) The exact names, locations and widths along the property lines of all existing or rec-
orded streets intersecting or paralleling the boundaries of the tract.
(4) The exact layout including street and alley lines, building lines as required, street
names, beazings, angles of intersection and widths (including widths along the lines
of any obliquely intersecting streets), lengkhs of azcs and �dii, poi�ts of cu�va�re �nd
tangent beatings; all easements or rights-of-way where provided for or owned by pub-
lic services; all lot lines with dimensions in feet and hundredtbs and with bea.rings or
angles of other than right angles to the street or alley li.nes; and centerlines of all
streets.
�5) Lots numbered in numerical order beginning with numeral "1" in each block and
blocks numbered in numerical order or lettered in alphabetical order.
(6) The accurate loca.tion and material of all permanent monuments.
(7) The accura.te outline of all property which is to be dedica.ted or reserved for the public
use including open drainage courses and suitable easements and all property tha.t ma.y
be reserved by covenants in deeds for the common use of the property o�rners. in the
subdivision, with the purposes indicated thereon.
(8) Names and locations of adjoining subdivisions, if any, the ad.jacent portions of which
shall be shown in outline form.
(9) Acknowledgment of the owner and all lienholders to the plats and restrictions, includ-
ing dedication to public use of a11 streets, alleys, parks or other open spaces shown
thereon and the granti.ng of the required easements. Mortgage holders shall execute
the following certificates on plats: "The mortgagee(s) consents and agrees to the plat-
ting of the lands embraced in the plat and to the dedication shown thereon, aad fur-
ther, should it become necessary to foreclose the mortgage covering the said property
that all pieces and parcels dedicated to the public will be excluded from said suit and
the dedication remain in full force aad effect."
(10) Private restrictions and/or trusteeships and their period of existence. Should these
restrictions be of such length as to make their letteri.ng on the plat impracticable and
thus necessitate the preparation of a sepatate instrument, reference to such instrument
shall be ma.de on the plat.
(11) The certificate of the registered land surveyor attesting to the accuracy of the sur-
vey and that the permanent reference monuments have been established according to
law.
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(12) Space and forms for the followi.ng signatures indicating approval:
a. Dedication by owner.
b. Notaty—Attest.
c. Surveyor.
d. V'illage manager.
e. Mayor.
f. Clerk—Attest.
g. irector ofcomnaunitv develonment.
h. Title company.
i. Mortgagee approval.
(13) Subdivision name or identifying title.
(14� North poini, graphi� scale and date.
(15) Name of the record owner and the subdivider.
(16) Such other features as may be required. by F.S. ch. 177.
(c) A separate instrument shall be attached to and made part of all plats showing the grade of
all roads, �ts, alleys and other rights-of-way, however designated, a.nd the elevations
of the Sev@icl.l pp�tipns pf th� l�.n,(14��piCt� pn th� pla�, �y COntO1iT �lA�s �.t '�wo inter-
vals.
(d) A letter from a title company certifying the followi.ng shall be presented. with the final
plat:
(1) Parties executing plats are owners of the land embraced in the plat.
(2) All mortgages, liens, or other encumbrances. �
(3) Whether or not taxes and assessments are paid.
(4) Description shown of the property to be platted is conect.
Section 5. Each and every other section and subsection of Chapter 66. Subdivisions. shall
remain in full force and effect as previously adopted.
Section 6. All ordinances and parts of ordinances in conflict with these amendments aze
repealed.
Section 7. 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 remai.nder of this ordinance.
Section 8. Specific authority is granted to codify and incorporate this ordinance into the
existing Code of Ordinances, V'illage of Tequesta, Florida.
Section 9. This ordinance shall take effect immediately upon adoption.
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