HomeMy WebLinkAboutCity of Tamarac Ordinance O-1986-0181
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Introduced by: CZ
Temp. Ord. #.134
Rev. 2/20/86
Rev. 3/17/86
Rev. 4/01/86
Rev. 4/07/86
Rev.4/08/ 3F
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-86-. S
AN ORDINANCE AMENDING CHAPTER 24 OF THE CITY
CODE, SUBDIVISION IMPROVEMENTS, BY THE CREA-
TION OF A NEW ARTICLE 8, FAIR SHARE CONTRIBU-
TION FOR ROAD IMPROVEMENTS; PROVIDING FOR
SHORT TITLE; PROVIDING FOR AUTHORITY AND
APPLICABILITY; PROVIDING FOR INTENT AND
PURPOSE; PROVIDING FOR RULES OF CONSTRUCTION;
PROVIDING FOR DEFINITIONS; PROVIDING FOR FAIR
SHARE FEE TO BE IMPOSED ON NEW LAND DEVELOP-
MENT ACTIVITY GENERATING TRAFFIC; PROVIDING
FOR REVIEW OF SAID FEES; PROVIDING FOR TIME
OF PAYMENT; PROVIDING FOR USE OF FUNDS
COLLECTED; PROVIDING FOR TRUST FUNDS ESTAB-
LISHED; PROVIDING FOR EXEMPTION AND CREDITS;
PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING
FOR PENALITIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING AN
EFEECTIVE DATE,
WHEREAS, the City of Tamarac, Florida is significantly
impacted by economic growth within the City's limits; and
WHEREAS, the City has contracted with Kimley-Horn and
Associates, Inc. to prepare a study which includes
professional evaluation and recommendations as to how the
City of Tamarac might fund trafficways necessitated by
development within the City's limits; and
WHEREAS, Kimley-Horn and Associates, Inc. has determined
through their study and professional evaluation that the
preferred method of regulating land development in order to
insure that it provides a proportionate share of the cost of
roadway improvements will be for the City of Tamarac to
impose fair share contribution upon new developers prior to
final site plan approval; and
WHEREAS, the City's Comprehensive Plan requires land
development shall not be permitted unless adequate capital
facilities are provided; and
WHEREAS, the Comprehensive Plan indicates land develop-
ment shall bear a proportionate cost of the provision of new
or expanded roadway facilities; and
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WHEREAS, the City of Tamarac has determined certain
roadways improvements are in fact necessary to accommodate
+-ha A?ualopment without decreasing further standards.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF TAMARAC, FLORIDA:
SECTION --I: That Chapter 24 of the City Code, Subdivi-
sion Improvements, shall be amended by the addition of a new
article VIII, Fair Share Contribution for Road Improvements,
which will read in full as follows:
Article VIII. Fair Share Contribution for Road Improvements
"Sec. 24--45. Short title, authority and applicability.
(a) This article shall be known and may be cited as the
"Fair Share Contribution for Road Improvements
Ordinance."
(b) The Tamarac City Council has the authority to adopt
this article pursuant to article VIII, section 2(b)
of the Florida Constitution as well as Florida
Statutes Chapter 166, the municipal home rule
powers act.
(c) Planning for the necessary expansion of new roads
and roadway improvements created by new land
development activity generating traffic through the
comprehensive planning process, and the imple-
mentation of these plans, is a mandatory responsi-
bility of the city and is in the best interest of
the public's health, safety and welfare.
Sec. 24-46. Intent and purpose.
(a) The City Council of the City of Tamarac has deter-
mined and recognized through adoption of they City's
Comprehensive Plan that the phenomenal growth rate
which the city is experiencing will necessitate
extensive road network improvements, and make it
necessary to regulate new land development activity
generating traffic in order to maintain a similar
level of road service and quality. of life in
Tamarac. In order to finance the necessary new
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(b)
(c)
(d)
capital improvements and regulate traffic genera-
tion levels, several combined methods of financing
will be necessary;, one (1) of which will require
new land development activity generating traffic to
pay a "fair share fee" which does not exceed a pro
rata share of the reasonably anticipated expansion
costs of new roads and other facilities.
Providing and regulating arterial and other roads
and related facilities to make them more safe and
efficient, in coordination with a plan for the
control of traffic, is the recognized responsibil-
ity of the city and is in the best interest of the
public's health, safety and welfare.
It is not the purpose of this article to collect
any money from new land development activity
generating traffic, in excess of the actual amount
necessary to offset the demand on the City's
network system generated by the new land develop-
ment activity. It is specifically acknowledged
that this article has approached the problem of
determining the fair share fee in a conservative
and reasonable manner. This article will only par-
tially recoup the governmental expenditures asso-
ciated with growth. Established residents will
still be required to bear their appropriate share
of the cost of the road network system.
Implementing a regulatory scheme that requires new
land development activity generating traffic to pay
a fair share fee that does not exceed a pro rata
share of the reasonably anticipated expansion costs
of new roads created by the new land development
activity is the responsibility of the city in order
to carry out the traffic circulation element of its
comprehensive plan, and is in the best interest of
the public's health, safety and welfare.
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(e) It is the purpose of this article to establish a
regulatory system to assist in providing increased
rapacity for the City's network system to
accommodate the increased demand new land devel-
opment activity generating traffic will have on the
road system. New land development activity will be
required to pay a fee which does not Exceed a pro
rata share of the reasonably anticipated costs of
new roads and other facilities that its presence
necessitates. This is accomplished by requiring
payment of fair share fees upon commencement of any
new land development activity generating traffic.
This road impact fee is for the exclusive purpose
of providing increased capacity for the City's
network system and will not be used for maintenance
or operation.
(f) It is in the interest of the public's health,
safety, welfare and convenience for the city to
regulate land development, arterial and other roads
and other related facilities by requiring payment
of fair share fees upon commencement of any new
land development activity generating traffic.
(g) Under the adopted comprehensive plan, new develop-
ment at urban densities can be permitted only where
an adequate road network system exists. The
purpose of this article is to continue to enable
the city to allow new development in compliance
with the adopted comprehensive plan, and to regu-
late new development activity generating traffic so
as to require it to share in the burdens of growth
by paying its pro rata share for the reasonably
anticipated expansion costs of road improvements.
Thus new growth will help pay for itself, and the
existing residents of the City will not have the
full financial burden of providing increased road
capacity at the outset.
Sec. 24-47. Rules of construction.
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For the purposes of administration and enforcement
of this article, unless otherwise stated in this
article, the following xuies cr il apply
to the text of this article:
(1) In case of any difference of meaning or implication
between the text of this article and any caption,
illustration, summary table or illustrative table,
the text shall control.
(2) The word "shall" is always mandatory and not
discretionary; the word "may" is permissive.
(3) Words used in the present tense shall include the
future; and words used in the singular number shall
include the plural, and the plural the singular,
unless the context clearly indicates the contrary.
(4) The phrase "used for" includes "arranged for,"
"designed for," "maintained for" or "occupied for."
(5) The word "person" includes an individual, a corpor-
ation, a partnership, an incorporated association
or any other similar entity.
(6) Unless the context clearly indicates the contrary,
where a regulation involves two (2) or more items,
conditions, provisions or events connected by the
conjunction "and," "or" or "either . . . or", the
conjunction shall be interpreted as follows:
(a) "And" indicates that all the connected terms,
conditions, provisions or events shall apply.
(b) "Or" indicates that the connected items,
conditions, provisions or events may apply
singly or in any combination.
(c) "Either . . . or" indicates that the connected
items, conditions, provisions or events shall
apply singly but not in combination.
(7) The word "includes" shall not limit a term to the
specified example but is intended to extend its
meaning to all other instances or circumstances of
like kind or character.
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(8) Where a road right-of-way is used to define zone
boundaries, that portion of the road right-of-way
demarcatinq the boundary may be considered as part
of any zone it bounds.
Sec. 24-48. Definitions.
For the purposes of this article of the following
terms will have the meanings ascribed to them
herein:
(a) Accessory Building or Structure: A detached,
subordinate building the use of which is clearly
incidental and related to that of the principal
building or use of the land and which is located on
the same lot as that of the principal building or
(b)
(c)
(d)
(e)
(f)
use.
Applicant: The person who applies for final site
plan approval.
Arterial Road: A road which is a main traffic
artery carrying relatively high traffic volumes for
relatively long distances. This classification
includes all roads which function above the level
of a collector road.
Average Trip Length: The average length in miles
of external trips.
Building: Any structure, either temporary_ or
permanent, having a roof and used or built for the
enclosure or shelter of persons, animals, vehicles,
goods, merchandise, equipment, materials or proper-
ty of any kind. This term shall include tents,
trailers, mobile homes or any vehicles serving in
any way the function of a building.
Building Permit: An official document or certifi-
cate issued by the authority having jurisdiction,
authorizing the construction of any building. The
term shall also include tie -down permits for those
structures or buildings that do not require a
building permit, such as a mobile home, in order to
be occupied.
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(g)
(h)
(i)
(j)
(k)
(1)
(m)
(n)
Building Permittee: An applicant who has been
issued a building permit.
Collector Road: A roaa wtixci, i:arri.cb trarzic: krow
local roads to arterial roads. Collector roads
have more continuity, carry higher traffic volumes
and may provide less access than local roads.
Fair Share Fee; Road Impact Fee; Fee: The fee
required to be paid in accordance with this arti-
cle.
Land Development Activity Generating Traffic: The
carrying out of any building activity or the making
of any material change in the use or appearance of
any structure or land that attracts or produces
vehicular trip(s) over and above that produced by
the existing use of the land.
Local Road: A road designed and maintained primar-
ily to provide access to abutting property. A
local road is of limited continuity and is not for
through traffic.
Major Road Network System: All arterial and
collector roads within the City, including new
arterial and collector roads necessitated by land
development.
Noncommencement: The cancellation of construction
activity making a material change in a structure,
or the cancellation of any other land development
activity making a material change in the use or
appearance of land.
Planned Development: A land area under unified
control designed and planned to be developed in a
single operation or by a series of prescheduled
development phases according to an officially
approved final master land use plan, including
planned unit developments, planned commercial
developments and similar planned developments.
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(o) Site -Related Improvements: Road construction or
road improvements at or near the development site
which Are necessary to interface the development's
e-,.;-ernal trips with the major road network system
or which are necessary to interface the develop-
ment's internal trips with the major road network
system where a portion of the major road network
system is included within the development.
(p) Traffic Generation Statement: A documentation of
proposed trip generation rates submitted prior to
and as a part of a traffic impact analysis. This
documentation would include actual traffic genera-
tion information from a representative sampling of
existing similar developments.
(q) The Traffic Impact Analysis: The study prepared by
Kimley-Horn and Associates, Inc., dated November,
1985 for the City of Tamarac, the provisions of
which are incorporated by reference herein. This
study includes but is not limited to determination
of trip generation; trip distribution; traffic
assignment; capacity analyses; and improvements to
the roadway system necessitated by the development,
such as required new roads, additional laneage and
signalization. -
Sec. 24-49. Fair share fee to be imposed on new land
development activity generating traffic;
review.
(a) It has been determined by the City Council that
any new land development activity generating
traffic in the City should be charged a reasonable
fair share fee to help regulate new land develop-
ment activity's effect on roads and related facili-
ties.
(b) Any applicant obtaining final site plan approval
following the effective date of this ordinance
shall pay a fair share fee in the amount and manner
required by this article upon commencement of any
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(c)
new land development activity generating traffic.
The fair share fee shall be used exclusively within
the City of Tamarac ror cne exciusive purpu-otm
forth in this article„
The fair share fee, to be paid in full prior to
final site plan approval by the City, shall be
calculated utilizing one of the following two
methods at the option of the developer:
QDtion One
Payment of the fair share fee will be
calculated in accordance with the following
fee schedule. The fair share fees set out in
the schedule below will only recover for the
City 85% of those fair share fees which the
traffic impact analyses has documented the
City might legally require.
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LAND USE TRIP
TYPE (UNITS) RATE
tESIDEVTIAL
ingle Family
(detached) $ 10.00
Townhouse $ 7.20
Other
Residential $ 6.80
ACLF $ 3.90
Hotel/Motel
(per room) $ 10.50
MICE AND FINANCIAL
Office
(1,000 sq.ft.) $ 16.00
Bank
11,000 sq.ft.) $192.00
Office
(acre)
(1-story) $288.00
Office
(acre)
(multi -story) $432.00
if no space
General
Industrial
(1,000 sq.ft.)
$ 5.43
General
Industrial
(acre)
$116.70
RETAIL
�rvice
cation
(station)
$748.00
ommercial
(1,000 sq.ft.)
Less than
20,000 sq.ft.
$164.40
Less than
20,000 sq.ft.
(no restaurants)$117.90
TABLE 14
IMPACT FEES BY LAND USE
PERCENT
PERCENT ATTRIB. IMPACT IMPACT FEE
NEW TRIPS TO SOURCE FEE _ AT 85%
100
50
$
248.60
$
211.00
100
50
$
178.99
$
152.00
100
50
$
169.05
$
144.00
100
50
$
96.95
$
82.00
100
50
$
261.03
$
222.00
50
50
$ 198.88
$ 169.00
50
50
$2,386.56
$2,209.00
50 50 $3,579.84 $3,043.00
50 50 $5,369.76 $4,564.00
90 50 $ 121.49 $ 103.00
90 50 $2,611.05 $2,219.00
25 50 $4,648.82 $3,951.00
25
50
$1,021.75
$
868.00
25
50
$ 732.75
$
623.00
Commercial
(1,000 sq.ft.)
if site plan
ZO,uuu -
100,000 sq.ft.
,if site plan
103 (FA) +140
5C
)0,000-
500,000 sq.ft.
if site plan
24(FA)+6703
50
Fver,00 sq.ft.
, f site, plan
$ 37.20
50
Commercial (acre)
Over 27.7 acres
(1-story)
no site plan
$669.60
50
5.5 - 27.7
acres (1-story)
432(AC)+6703
50
no site plan
1.1 - 5.5 acres
(1-story)
no site plan_
1854(AC)+140
50
Less than 1.1
acres(1-story)
po site „plan
$2,959.20
25
'er 22.2 acres
(multi -story)
o site plan
$ 837.00
50
19 .5 - 22.2 acres
(multi -story)
no site plan
540(AC)+6703
50
Less than 4.5
acres
(multi -story)
no site plan
2317.5(AC)
+ 140
50
OTHER
Hospital (bed)
$
11.40
50
Park (acre)
$
6.00
50
Church (weekday)
(1,000 sq.ft.)
$
13.70
50
Church (weekday)
acre)
$
30.90
50
ursing Home
bed)
$
2.60
50
*Trips X $49.72
X
.5 X .5 X
.85
50-------------*
50------- ---_- -*
50 $ 462.40 $ 393.00
50 $8,323.13 $7,075.00
50 -------------
50 -------------*
50 $18,391.43 $15,633.00
50 $10,403.91 $ 8,843.00
50---w-----------*
50 --------------*
50
$
141.70
$
120.00
50
$
74.58
$
63.00
50
$
170.29
$
145.00
50
$
384.09
$
326.00
50
$
32.32
$
27.00
Option Two
A developer may at his option choose to base
payment of road impa^t f^QC s■nnn H,c own incla—
pendent traffic study (ITS) rather than in
accordance with those fees which the City has
determined to be necessary pursuant to its own
traffic impact analysis. In order for an ITS
to satisfy the requirements of this article
any such ITS must meet the following criteria.
(a) The study should project whether roadways
serving the proposed project will fall below
Level of Service "D" with a Year 2000 planning
horizon.
(b) In determining the effects of a proposed
project on the level of service, the ITS shall
include the following:
(1) traffic characteristics and levels of
service of roadways affected by the
proposed project;
(2) trip generation projections for the
proposed project.
(3) impact of the proposed project on affected
roadways including anticipated changes in
the level of service;
(4) The proportionate impact of the proposed
development relative to the Year 2000
traffic forecast for all roadway needs in
the radius of development influence.
(c) The following methods of evaluation and
standards shall be used in preparing the ITS,
unless the city manager finds that, because of
circumstances unique to the proposed develop-
ment and roadway system serving the proposed
development, other methods or standards
provide a more accurate means to evaluate
roadways affected by the proposed project:
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(1) total traffic generated by the project
shall be computed using the latest Broward
Count:7 trip generation ratPc. unless
documentation is supplied jjjstifyi,..g the
use of different rates.
(2) The ITS shall cover the radius of develop-
ment influence of a proposed development.
(3) Traffic assignments shall be made for each
link within the project's radius of
development influence in conformance with
good traffic engineering principles.
(4) The ITS shall be based on an analysis of
peak hour intersection capacities to
determine whether Level of Service "D" is
met. The analysis shall contain detailed
intersection analyses (including calcula-
tions) for all intersections within the
radius of development influence. A
detailed intersection capacity analysis
will be based on the Transportation
Research Circular No. 212, "Interim
Material on Highway Capacity", Transpor-
tation Research Board, January 1980. When
or if more current editions become avail-
able, such current editions shall be used.
(5) Future traffic shall be taken into account
as follows:
(a) The effects of traffic increases from
future development. Estimates should
be developed for a Year 2000 planning
horizon.
(b) The then current Land Use Element of
the Tamarac Comprehensive Plan in
conjunction with the then current
Zoning Ordinance should be utilized to
estimate the traffic -impact from
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potential developments affecting the
radius of development impact.
(61 The ITS may take into account roads and
road improvements not yet constructed only
if all funds for such roads and road
improvements have already been specifi-
cally appropriated by the City of Tamarac,
Broward County, the State of Florida or
other appropriate body.
(7) The ITS shall be prepared and sealed by a
qualified traffic engineer, licensed to
practice engineering in the State of
Florida.
(8) Studies and analyses required by this
section shall be subject to review of
methodology and technical accuracy by the
city manager.
(d) Review. The amount of the fair fee shall first be
reviewed by the city council at any time during the
next 12 month period as measured from the effective
date of this ordinance, and thereafter the amount
of the fair share fee shall be reviewed annually
during the month of January by the city council.
The review shall consider trip generation rates -and
actual construction costs for contract by the city.
The purpose of this review is to analyze the
affects of inflation on the actual costs of roadway
construction and to insure that the fees charged
new land development activity generating traffic
will not exceed their pro rata share for the
reasonably anticipated expansion costs of road
improvements necessitated solely by their presence.
Sec. 24-50. Time of payment.
Total payment of fair share fees, in cash, shall be
made to the city prior to final site plan approval.
No site plan shall be approved for any developer
who has failed to make full payment.in cash of fair
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share fees where final site plan has not been made
prior to the effective date of this ordinance.
Sec. 24-51. Use or runs collected.
(a) The funds collected by reason of the estab-
lishment of a fair share fee in accordance
with this article shall be used solely for the
purpose of construction or improvement of
roads, streets, highways and bridges on the
City's network system, including but not
limited to:
(1) Design and construction plan preparation;
(2) Right-of-way acquisition;
(3) Construction of new through lanes;
(4) Construction of new turn lanes;
(5) Construction of new bridges;
(6) Construction of new drainage facilities in
conjunction with new roadway construction;
(7) Construction of new curbs, medians and
shoulders; and
(8) Relocating utilities to accommodate new
roadway construction.
Said funds shall not be used to maintain or operate
the existing City's network system.
Sec. 24-52. Trust funds established.
(a) There is hereby established a trust fund in
which all road impact fees paid pursuant to
the provisions of this article are to be
deposited.
(b) Funds withdrawn from this account must be used
solely in accordance with the provisions of
section 24-51 of this article and in compli-
ance with the City's Comprehensive Plan. The
disbursal of. such funds shall require the
approval of the city council after
recommendation of the city engineer.
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(c) Any funds on deposit not immediately necessary
for expenditure shall be invested in interest-
hearina snuzces. All income derived shall be
deposited in the applicable trust account.
(d) The fees collected pursuant to this article
may be returned to the then present owner of
the land development activity generating
traffic if the fees have not been spent
(encumbered) within a reasonable time, but not
later than by the end of the calendar quarter
immediately following six (6) years from the
date the fees were paid. Refunds shall be
made in accordance with the following proce-
dure:
(1) The present owner must petition the city
council for the refund within one (1) year
following the end of the sixth year from
the date on which the fee was paid.
(2) The petition must be submitted to the
county engineer and must contain:
a. A notarized sworn statement that the
petitioner is the current owner of the
property;
b. A copy of the dated receipt issued -for
payment of the fee;
c. A certified copy of the latest record-
ed deed; and
d. A copy of the most recent ad valorem
tax bill.
(3) Within three (3) months from the date of
receipt of a petition for refund, the city
engineer will advise the petitioner and
the city council of the status of the fee
requested for refund. For the purpose of
this section, fees collected shall be
deemed to be spent (encumbered) on the
basis of the first fee in shall be the
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first fee out. In other words, the first
money placed in a trust fund account shall
be"the first money taken uu4 of that
account.
(4) When the money requested is still in the
trust fund account and has not been spent
(encumbered) by the end of the calendar
quarter immediately following six (6)
years from the date the fees were paid,
the money shall be returned with interest
at the rate of six (6) percent per annum.
(e) The fees collected pursuant to this article
may be returned to the present owner if the
land development activity generating traffic
is canceled due to noncommencement of con-
struction before the funds have been committed
or spent pursuant to this article. Refunds
may be made in accordance with subsections
(d)(2) and (3) provided the present owner
petitions the city council for the refund
within three (3) months from the noncommence-
ment.
Sec. 24-53. Exemption and credits.
(a) Exemption. The following shall be exempted
from payment of the fair share fee.
(1) Alterations or expansion of an existing
dwelling unit where no additional units
are created and the use is not changed.
(2) The construction of accessory buildings or
structures which will not increase the
traffic counts associated with the princi-
pal building or of the land.
(3) The replacement of a destroyed or partial-
ly destroyed building or structure with a
new building or structure of the same size
and use.
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(4) The construction of publicly owned govern-
mental buildings.
(b) Credits.
(].) In lieu of paying the fair share fee, Li'l=
developer may elect to construct part of a
major road network system which is in
addition to his site -related improvements.
The developer shall submit the proposed
construction which he intends to do along
with a certified cost estimate to the city
engineer. The city engineer shall deter-
mine if the proposed construction is an
appropriate and reasonable substitute for
the road impact fee and the amount of
credit to be given and the timetable for
completion.
(2) Where a proposed major network road runs
through a development and where the
developer is only required to construct
two (2) lanes of the roadway, the
developer may elect, upon submission of a
certified cost estimate and approval of
the City Engineer, to construct more than
two (2) lanes and receive credit to the
extent of the additional lanes constructed
(3) The developer may challenge any determin-
ation made by the City Engineer pursuant
to paragraphs (1) and (2) above by filing
a petition with the City Council.
Sec. 24--54. Liberal construction► severability and
penalty provisions.
(a) Liberal Construction. The provisions of this
article shall be liberally construed to
effectively carry out its purposes in the
interest of public health, safety, welfare and
convenience.
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(b) Severability. If any section, phrase, sen-
tence or portion of this article is for any
reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion
shall be deemed a separate, distinct and
independent provision; and such holding shall
not affect the validity of the remaining
portions thereof.
(c) Void Permit. Any building permit used for new
construction as covered by this article but
without payment of the fee as required by this
article shall be void.
(d) Penalty for Violation of Article. A violation
of this article shall be a misdemeanor punish-
able according to law; however, in addition to
or in lieu of any criminal prosecution, the
City of Tamarac or any individual paying the
fair share fee shall have the power to sue in
civil court to enforce the provisions of this
article."
Should any section or provision of this
ordinance or any portion thereof, or 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 hereof as a whole or any part hereof, other
than the part declared to be invalid.
SECTION : That specific authority is hereby granted to
codify this ordinance.
SECTION 4: That this ordinance shall become effective
immediately upon its final passage.
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VU
PASSED FIRST READING thisAday of
PASSED SECOND READING this Leday o
TEST:
CITY CLERK
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this ORDINANCE.
--. RECORD OF COUNCIL VOTE
MAYOR: HART
DIST. 1: C/W MASSARO
DIST. 2: C/M STELZER aeW
DIST. 3: C/M GOTTESMAN
DIST. 4: V/M STEIN
VU
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