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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1979-026Introduced by:Lzz7,e Temp. #595 Rev. 1/10/79 3/12/79 'r/a7/7f 1 2 3 4 T 5 6 7 8 9 10 11 12 13 14 15 16 r 17 18 19 20 21 22 23 24 25 26 27 28 29 (r 30 31 32 33 34 CITY OF TAMARAC, FLORIDA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 20-30 OF THE TAMARAC CITY CODE WHICH PROHIBITS PRIVATE STREETS BY ALLOWING PLATS TO BE APPROVED WITH PRIVATE STREETS SUBJECT TO CERTAIN TERMS AND CONDITIONS; PROVIDING FOR CODIFICATION; PROVIDING REPEALER; PROVIDING FOR SEVERABILITY OF INVALID PROVISION AND PROVIDING AN EFFECTIVE DATE.' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That Section 20--30 of the Tamarac City Code is amended to read as follows: Section 20-30: Private Streets There-�Ha�l--be-pe-��°date-s�wee�s-��-Abe--E��,�---Evewy �e�-er-paree�-sqa��-fie-served-�rer�-a-pabl�e�y-�e��eated-streei;. Private streets shall be allowed within the City only at the absolute discretion of the City Council in individual circumstances and subject to the following terms and conditions and any other terms and conditions deemed necessary by the City Council to protectthe health, safety and welfare of the citizens of the City of Tamarac. 1. All -private streets must be constructed to standards applicable for publicly dedicated streets within the City as said requirements shall exist when a permitto construct said streets is obtained. If a permit lapses, the standards that will apply are those in effect when the next permit is obtained. 2. All setbacks shall be measured on private streets from the edge of the swale area. The swale area shall be at least 13 feet from the edge of pavement. Only two lane streets may be private -streets. 3. All private streets must be selfcontained, that is they must be interior residential streets and not through streets or streets connecting directly onto through streets. 4. There must be a covenant placed upon the public 1 records requiring future owners of property surrounding the 2 private street to maintain said street for as__long as it 3 remains a private street. 4 5. The City shall receive an option in recordable S form authorizing it to purchase the private street at_a ,6 cost of One Dollar�$1.00) for a period of at least 50__y_ea_rs. 7 6. All private streets shall be open to all City 8 vehicles, all emergency vehicles and all City Personnel at 9 all times. City police are to be authorized to have complete 10 access at all times to enforce all existing laws, ordinances 11 and motor vehicle regulations on all private streets. 127. All�private streets must be completely constructed 13 with the first 3/4 inch layer of asphalt surface, and 14 approved by the appropriate Cif Officials, prior to the 15 issuance of any building permits, for homes to be located 76 thereon. Then, upon completion of all buildin _ �c on _the 17 street, the last 3/4 inch or greater layer of asphalt surface 18 shall be constructed and approved bythe City Engineer. It 19 is not intended that this subparagraph modi y or reduce 20 any applicable_ municipal construction standards and any 2 1 stricter standards will control in the event of a conflict. 22 8. The parV_develoi)inq a private street shall be 23 required to postwith the City a cash bond, irrevocable 24 letter of credit, negotiable certificate of deposit, or 25 surety bond executed by a� company authorized to do business 26 in the State of Florida, in the full amount of the cost 27 of the streets and drainage therefor guaranteeing com- 2 8 letion of the work within eighteen months of commencement of construction to City, s standards.If_ the work is not 121 30 completed within eighteen_ months_,City shall be given the 31 ri ht to complete the work. Any extra costs would be 32 chargeable to the developer. This bond would be in 33 addition to all other bonds requi red_ bar City regulations. 34 9. Private streets shall only be permitted in R-1 and R-2 zoning districts or^in other residential 2. 3/12/79 1 2 3 4 5 b 7 8 9 10 11 12 13 14 15 36 17 18 19 20 21 22 23 24 25 26 27 28 129 30 31 32 33 34 this ordinance. ordinances or pars of such conflict. or any portion her of competent juri� validity of the rE part declared to k districts when building is to be at a densit of 7 dwelling units per acre or less. 10. Prior to approval by City Council there must be recorded a covenant relieving the City of Tamarac, Broward for any i any other i abi 1 i ty n j uri es _ounty an an of er enti t_y of any 1 _ _ street occur as a result of the stret beinga private street._ y B Said_covenant shall also hold the City and County _ harmless for all attorneys fees incurred. 11. A private street will be allowed only if all utilities are authorized to go thereon for any improvements or utility work needed on, near or about the road and if all utility easements required by said utilities prior to construction are provided. 12. Street lights shall be erected in accordance with City standards and the homeowners within the area served by private streets shall be responsible for payment of the street lights and electricity and maintenance therefor. 13. There shall be no waiver from any of the requirements of this section. 14. As a prerequisite to acceptance of ownership of a private street at the request of those obligated to maintain it by the Cit , the physical condition of that street must meet standards and be ty then existing City s so certified by the Ci^ Engineer or by_an engineerlicensed in Florida whose certificate is concurred.with by the City Engineer and City Council. SECTION 3: Specific authority is hereby granted to codify SECTION 4: Except as set forth in subparagraph 7, all s of ordinances in conflict herewith are repealed to the extent SECTION 5: Should any section or provision of this ordinance ,eof or any paragraph, sentence or word be declared by a Court diction to be invalid, such decision shall not affect the mainder hereof as a whole or any part hereof other than the e invalid. n 3. 3/12/79 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 ]6 J: 19 20 21 22 23 24 25 26 27 28 31 32 33 34 SECTION 6: This ordinance shall become effective immediately upon its passage. PASSED FIRST READING THIS % l day of 11979. PASSED SECOND READING THIS of _ ,1979. ATTEST: 0 I HEREBY CERTIFY THAT I have approved the form and correct- ness of this ORDINANCE. MAYOR: DISTRICT DISTRICT CITY ATTORNEY DISTRICT DISTRICT RECORD OF COUNCIL VOTE 4. nrr 3/12/79 �r