HomeMy WebLinkAboutCity of Tamarac Ordinance O-1979-026Introduced by:Lzz7,e Temp. #595
Rev. 1/10/79
3/12/79
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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
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records requiring future owners of property surrounding the
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private street to maintain said street for as__long as it
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remains a private street.
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5. The City shall receive an option in recordable
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form authorizing it to purchase the private street at_a
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cost of One Dollar�$1.00) for a period of at least 50__y_ea_rs.
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6. All private streets shall be open to all City
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vehicles, all emergency vehicles and all City Personnel at
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all times. City police are to be authorized to have complete
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access at all times to enforce all existing laws, ordinances
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and motor vehicle regulations on all private streets.
127.
All�private streets must be completely constructed
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with the first 3/4 inch layer of asphalt surface, and
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approved by the appropriate Cif Officials, prior to the
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issuance of any building permits, for homes to be located
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thereon. Then, upon completion of all buildin
_ �c on _the
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street, the last 3/4 inch or greater layer of asphalt surface
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shall be constructed and approved bythe City Engineer. It
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is not intended that this subparagraph modi y or reduce
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any applicable_ municipal construction standards and any
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stricter standards will control in the event of a conflict.
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8. The parV_develoi)inq a private street shall be
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required to postwith the City a cash bond, irrevocable
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letter of credit, negotiable certificate of deposit, or
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surety bond executed by a� company authorized to do business
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in the State of Florida, in the full amount of the cost
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of the streets and drainage therefor guaranteeing com-
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letion of the work within eighteen months of commencement
of construction to City, s standards.If_ the work is not
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completed within eighteen_ months_,City shall be given the
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ri ht to complete the work. Any extra costs would be
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chargeable to the developer. This bond would be in
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addition to all other bonds requi red_ bar City regulations.
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9. Private streets shall only be permitted in
R-1 and R-2 zoning districts or^in other residential
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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.
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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.
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3/12/79
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