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HomeMy WebLinkAboutOrdinance_04-15_05/14/2015 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 DEVELOPMENT 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 Village of Tequesta Department of Community Development is currently administered by a Director of Community Development, and is separate and distinct from the Building Department; and WHEREAS, Chapter 66. Subdivisions. of the Code of Ordinances currently places subdivision application processing responsibility with the Building Official instead of the Director of Community Development; and WHEREAS, the Village Council desires to designate the Director of Community Devel- opment as the appropriate person to process subdivision applications pursuant to Chapter 66, and to replace the term "building official" with "director of community development" as it appears throughout Chapter 66. Subdivisions, to reflect the duties of these departments, and to provide for internal consistency; and WHEREAS, the Village 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: Section 1. Chapter 66. Subdivisions., Article II. Procedure for Plat Review, Division 1. Generally, Section 66 -31 of the Code of Ordinances, Village 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 that this section shall hereafter read as follows: 1 Sec. 66 -31. — Preapplication procedure; sketch plan. (a) Before any preliminary plat is prepared, the subdivider or developer of any land within the corporate area of the village shall obtain a copy of the regulations in this chapter to become familiar with their various provisions and requirements. (b) A preapplication meeting shall be required with the buRding effl ial rector of communi- ty development and appropriate village staff, the landowner and/or representative, 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 bui lding director of commu- nity development by the landowner or his authorized agent ten days prior to the next regu- lar meeting of the village council along with a filing fee in an amount as determined by ordinance of the village, which may 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 proposed subdivision for preliminary discussion to examine 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 shall show the following features: (1) The location of the land or site to be subdivided and the approximate area thereof. (2) An indication of such natural features as unusual topography, low or swampy areas, rivers, lakes or waterways, mangroves, and environmentally sensitive land or habitat areas. (3) An indication of the proximity of such utilities as waxer, sewers, drainage, and 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, notably 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 features that will enable the village council to determine 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 remain due to the development of a proposed sub- division, the village council may require that 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. 2 (e) After review by the village staff, copies of the sketch plan will be forwarded to the village council for consideration. If the sketch plan is disapproved, the village shall retain one copy and instruct the subdivider not to proceed with the subdivision unless and until a plan has been approved by the village council. (f) Following the approval/approval with changes of the sketch plan, the subdivider may proceed to prepare a preliminary plat in accordance with the instructions contained in di- vision 2 of this article. The subdivider may elect to combine the preliminary and final plat procedures. Section 2. Chapter 66. Subdivisions., Article II. Procedure for Plat Review, Division 2. Preliminary Plat, Section 66 -51 of the Code of Ordinances, Village of Tequesta, Florida, is hereby amended by replacing the term "building official" with "director of community develop- ment", to reflect the duties of these departments, 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 - application procedures set forth in section 66 -31 shall prepare a preliminary plat of the proposed subdivision in accordance with the specifications and requirements as set forth in section 66 -101 (b) Certification shall be provided that the proposed subdivision meets the level of service standards and concurrency 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 representative shall schedule a meeting with the h ' director of community development, 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 building effieW irector of community development review, ten copies of the preliminary plat shall be filed with the department of community develop- ment at least two weeks prior to the village council meeting at which it is to be consid- ered. (e) The village staff shall examine and check the preliminary plat for general engineering and the requirements of section 66 -52. The village staff shall check the preliminary plat for street numbering and namin and conformance with the development pattern of the vil- lage. The village staff shall forward to the village manager nine copies of the plat with their approval or recommended changes. (f) The village council shall review the recommendations of the village staff. In its consider- ation of the preliminary plat, the village council may call 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 infrastructure. 3 (g) If the village council approves the plat conditional upon modifications, corrections, or changes, the plat shall be altered by the subdivider to conform to 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 "building official" with "director of community development ", to reflect the duties of these departments, and to provide for internal consistency; providing that this section shall hereafter read as follows: See. 66 -101: Preliminary plat. (a) The preliminary plat shall be drawn to a scale of not more than 100 feet to the inch, pro- vided, however, that a scale of 200 feet to the inch may be used for large areas, and shall show the following: (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 the owner of the property or his authorized agent, 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 linear and angular dimensions. (8) All existing watercourses, drainage ditches, canals 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 shall be dimensioned to tract bounda- ries. (11) All existing property lines, easements and rights -of -way and the purpose for which the easements or rights -of -way have been 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 areas, or other public uses. (15) Sites, if any, for multiple - family dwellings, shopping centers, churches, or other nonpublic uses exclusive of single - family dwellings. 4 (16) Locations and size of proposed water, sewer, drainage facilities, fire hydrants and other utilities on the land to be subdivided and on land within 100 feet thereof. (17) Site data, in tabular form, including number of residential lots, typical lot sizes and areas, and areas in parks, etc. (18) Space and forms for the following signatures indicating approval: a. Dedication by owner. b. Notary — Attest. c. Surveyor. d. Village manager. e. Mayor. f. Clerk— Attest. g. Buflding effleial Dire ofcommunity development h. Title company. i. Mortgagee approval. (b) Where the proposed plat covers only a portion of the subdividers 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 area shall be graphically indicated in a clear and understandable manner. (d) Ten copies of the deed restrictions and/or protective covenants, whereby the subdivider intends to regulate the land use other than through chapter 78, shall be attached to the preliminary plat. Conformance to such deed restrictions shall not be the responsibility of the village. (e) If the proposed land to be subdivided does not lie within the corporate limits but is pro- posed for annexation to the village, the preliminary plat shall show a plan indicating the proposed 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, Village 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 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 shall be keyed to a master map with appropriate marks of identification. (b) The final plat shall include the following information: 5 (1) Location sketch showing the location of the subdivision with respect to section or government lot lines. (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 shall be coordinated 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, bearings, angles of intersection and widths (including widths along the lines of any obliquely intersecting streets), lengths of arcs and radii, points of curvature and tangent bearings; all easements or rights -of -way where provided for or owned by pub- lic services; all lot lines with dimensions in feet and hundredths and with bearings or angles of other than right angles to the street or alley lines; 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 location and material of all permanent monuments. (7) The accurate outline of all property which is to be dedicated or reserved for the public use including open drainage courses and suitable easements and all property that may be reserved by covenants in deeds for the common use of the property owners in the subdivision, with the purposes indicated thereon. (8) Names and locations of adjoining subdivisions, if any, the adjacent 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 all streets, alleys, parks or other open spaces shown thereon and the granting 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, and 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 and effect." (10) Private restrictions and/or trusteeships and their period of existence. Should these restrictions be of such length as to make their lettering on the plat impracticable and thus necessitate the preparation of a separate instrument, reference to such instrument shall be made 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. 6 (12) Space and forms for the following signatures indicating approval: a. Dedication by owner. b. Notary— Attest. c. Surveyor. d. Village manager. e. Mayor. f. Clerk— Attest. g. BuRding offleial D irector ofcommunity development h. Title company. i. Mortgagee approval. (13) Subdivision name or identifying title. (14) North point, graphic 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, streets, alleys and other rights -of -way, however designated, and the elevations of the several portions of the land depicted on the plat, by contour lines at two -foot inter- vals. (d) A letter from a title company certifying the following 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 correct. 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 are 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 remainder of this ordinance. Section 8. Specific authority is granted to codify and incorporate this ordinance into the existing Code of Ordinances, Village of Tequesta, Florida. Section 9. This ordinance shall take effect immediately upon adoption. 7 ORDINANCE 4 -15 Upon Second Readin MOTION SECOND Council Member Okun Vice -Mayor Arena VOTE FOR ADOPTION AGAINST ADOPTION Mayor Abby Brennan El ❑ Vice -Mayor Vince Arena El 11 Council Member Steve Okun El ❑ Council Member Tom Paterno El ❑ Council Member Frank D'Ambra 0 1 ❑ The Mayor thereupon declared the Ordinance duly passed and adopted this 05 -14 -2015 MAYOR OF TEQUESTA igail re a ATTEST: w l \ `1 \1111 / C c Lori McWilliams, MMC 'ti.QFORA� ° .� Village Clerk