HomeMy WebLinkAboutCity of Tamarac Ordinance O-1991-003Temp. Ord. #
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO:
AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA
AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES;
DIVISION 4. DRAINAGE; AMENDING SECTION 10-221,
SYSTEMS GENERALLY TO CLARIFY BONDING; AMENDING
SECTION 10-223, MINIMUM DRAINAGE REQUIREMENTS
TO IDENTIFY AREA OF CITY RETENTION; DIVISION 5.
WATERWAYS AND MARINE STRUCTURES; AMENDING
SECTION 10-232. BULKHEADS; DESIGN STANDARDS
TO CHANGE DESIGN PROFESSIONAL; PROVIDING
FOR CODIFICATION; PROVIDING FOR REPEALER;
PROVIDING FOR SEVERABILITY; AND PROVIDNG•AN
EFFECTIVE DATE.
WHEREAS, 'the City Code is not clear on bonding for
alternatives to positive drainage, the areas of the City where
excess drainage can be purchased, and the design professional
that is qualified to submit bulkhead design drawings; and
WHEREAS, the City of Tamarac wishes to clarify these
sections of the Code; and
WHEREAS, the City Council of the City of Tamarac has
determined that it is in the public interest to adopt the
following Ordinance; and
WHEREAS, a public hearing has been held pursuant to
Chapter 166, Florida Statutes; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
Section 1 That Section 10-221 of the Code of Ordinances
of the City of Tamarac entitled "System generally" is hereby
amended to read as follows:
Sec. 10-221. System generally.
(d) If an alternate system is accepted by the city
council, a bond (Evergreen or cash) based on_150%
of a Certified Cost Estimate for a positive outfall
system shall be posted to guarantee that if the
and indicates additions
but indicates deletions
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alternate system fails to perform satisfactorily, in the city
engineer's opinion, then the developer shall install a positive
outfall system. This bond will be reviewed every two (2) years
of operation of the alternate system. If inspection at that
time shows the system to be operating satisfactorily, the city
engineer may recommend continuation of the bond to the city
council. The bond shall not be released until the positive
outfall is provided and the system is connected to it. (Code
1975, j 24-27 )
Section 2 That Section 10-223 of the Code of Ordinances
of the City of Tamarac entitled "Minimum drainage requirements"
is hereby amended to read as follows:
Sec. 10-223. Minimum drainage requirements
(b) Additional retention.
(1) In addition to existing regulations, site plans and
plats, if presented to the city council prior to its
consideration of site plans for the same property,
shall show nine thousand one hundred twenty-five
(9,125) cubic feet of additional stormwater retainage
-per acre of development below the elevation of 10.0.
This additional retention shall be provided in open
lakes and canals directly extending from existing
canals and lakes or connected to existing canals and
lakes by a culvert designed in accordance with city
drainage standards and approved by the city engineer.
For the purpose of measurement, each acre of water
surface added will be considered as providing one
hundred eighty-two thousand five hundred (182,500)
cubic feet of. additional retention. Such acreage
shall be computed at the design water surface eleva-
tion. Such elevation is to be considered 6.30 MSL.
In cases where there would be an undue hardship to
provide open canals or lakes, upon the recommendation
of the city engineer, the city council may accept
other methods of providing the required retainage. A
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party owning property located in the area of the City
bounded on the North by the C-14 Canal, on the West
by the L-36 borrow canal on the South by Commercial
Boulevard and on the East by the Westerly limits of
the City of North Lauderdale less the area of Land
Section 7,'Township 49 South Range 41 East , and
seeking plat or site plan approval for that
property may, in cases where it would not appear to
be feasible to provide the on -site stormwater
retainage set forth in this section, pay to the city
the value of the equivalent retainage area that would
otherwise be required under this section, in cash, at
a rate to be determined by resolution of the city
council. This money would be used only for drainage
retention or up -grading or augmentation of the systems
or for any other related drainage purposes after
payments for the first 3.2 acres, which shall be used
for park and re -creational purposes.
( 3 )( 3 )All money collected for equivalent drainage retention
.after payment is received for the first 3.2 acres
shall be kept separate and apart from all other city
funds until such time as all or a portion of the funds
are to be expended.
( 3 )( 4 )In addition to any other fee, each developer seeking
approval of a site plan or plat if presented to the
council prior to it consideration of a site plan fox
the same property shall pay a fee of one hundred
thirty dollars ($130.00) per acre for drainage
improvements or drainage retention or upgrading ox
augmentation of the systems or any other related
drainage purposes, for each acre of land sought to be
developed at the time of approval of a site plan.
This fee may be prepaid, in which event the city shall
not charge the developer an increased fee at the time
of site plan or plat approval. All money collected
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for drainage improvements under this paragraph shall
be kept separate and apart from all other city funds
until such time as all or a portion of the funds are
to be expended.
( 4 )( 5 )In situations where the moneys set forth in this sub-
section have been paid at the time of plat approval
(with no accompanying site plan) and development
occurs in such a manner that the developer is able to
provide all or a portion of the required retention on
site within two (2) years of the date of plat
approval, then the city shall consider reimbursement
to the party making the payment of a pro rata portion
of the moneys paid after review of a written request
for reimbursement, provided the city council approves
the area provided for retention. (Code 1975,1 24-28.1)
Section 3 : That Section 10-232 of the -Code of Ordinances
of the City of Tamarac entitled "Bulkheads; design standards" is
hereby amended to read as follows:
Sec. 10-232. Bulkheads; design standards.
(f) The face water -side of the bulkhead shall coincide
with the development's property line. Any excavation
required from the property line to midstream shall be
the responsibility of the permittee. A-lfeensed-land
surveyor An Engineer registered in the State of
Florida shall submit the proposed layout of the
bulkhead system'or six (6) sets of certified plans and
specifications showing complete details of the seawall
pertinent topographical and soils information, struc,
tural calculations and a complete unit cost breakdown
The city assumes no liability for the design or con
struction of bulkheads, and their adequacy is an
remains the responsibility of the design professiona
who certifies the plans, specifications, and
structural calculations.
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Section 4 Specific authority is hereby granted to codify
this ordinance.
Section 5 : All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed to the extent of suc
conflict.
Section 6 : If any provision of this Ordinance or the
application thereof to any person or circumstance is held in-
valid, such invalidity shall not affect other provisions or
applications of this Ordinance that can be given affect without
the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be severable.
Section 7 : This Ordinance shall become effective
immediately upon adoption and passage.
PASSED FIRST READING this v2,7 day of 1991•
PASSED SECOND READING this day Of , 1991.
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ORMAN AB O ITZ
MAYOR
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved t NANCE as
to form
RUF
CITY
MAST-DOC
ORD/WATERWAYS
RECORD OF COUNCq- VOTE
MAYOR ABRAMOW=
DISTRICT 1: CiM KATZ �01&1�;;
D'STRiCT 2: H MAN
DiSTR10T 3: Q"A ti! GLASSEn
DISTRICT 4: �.^.V/tJi h/tJ� h 5.---a_1_1
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