HomeMy WebLinkAboutCity of Tamarac Ordinance O-1992-001t
Temp. Ord. #1573
Revised 9/30/91
CITY OF TAMARAC
ORDINANCE NO 0--92-
AN ORDINANCE OF THE CITY OF TAMARAC, AMENDING
CHAPTER 10 OF THE CODE OF ORDINANCES TO
PROVIDE REGULATIONS FOR THE PROTECTION OF
WILDLIFE, NATURAL RESOURCE AREAS, ECOLOGICAL
COMMUNITIES AND THEIR HABITATS; PROVIDING FOR
DEFINITIONS; PROVIDING FOR FIELD SURVEYS;
PROVIDING FOR PERMITS FOR THE MITIGATION OF
THE IMPACTS OF DEVELOPMENT OF NATURAL RESOURCE
AREAS, ECOLOGICAL COMMUNITIES, AND THEIR
HABITATS;. PROVIDING FOR APPLICABILITY TO LAND
SUBJECT TO DEVELOPMENT AGREEMENTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
WHEREAS, the Comprehensive Planning and Land Development
Regulatory Act of 1985, sections 163.3161 at seq., Florida
Statutes (1989), requires that all local governments in Florida
adopt comprehensive plans which address the protection of natural
resource areas, ecological communities, wildlife, other natural
resources and their habitats; and
WHEREAS, the Act also requires that local governments enact
land development regulations which implement the goals,
objectives, and policies of the adopted local comprehensive plan;
and
WHEREAS, Objective 1 of the adopted Conservation Element of
the Tamarac Comprehensive Plan provides for the "Review of its
codes and ordinances especially those dealing with platting, site
planning and subdivision design for the impact of their
enforcement on the physical environment and to ensure that
maximum practical protection is afforded thereby to the principal
elements of the environment"; and
WHEREAS, Policy 1.1 of the adopted Conservation Element of
the Tamarac Comprehensive Plan provides that "Engineering
Department and the Community Development Department will review
the. land development regulations to identify any ways in which
the codes require actions which are not sensitive to the
environment and ways in which actions to protect the environment
can be improved. This analysis will result in appropriate
amendments to the codes during the planning period"; and
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WHEREAS, Policy 6.1 of the adopted Conservation Element of
the Tamarac Comprehensive Plan provides that "The City will
adopt, by 1990, amendments to its development code to require
approval of site development plan prior to commencement of site
clearance and grading activities"; and
WHEREAS, Policy 6.2 of the adopted Conservation Element of
the Tamarac Comprehensive Plan provides that "The City will
protect native vegetative communities from destruction by
development activities by implementing the requirements of the
County's Local Areas of Particular Concern legislation. The
Community Development Department will during the planning period
review its site plan and landscape plan requirements to identify
additional means of protecting native vegetative communities,
such as: no more than 30 percent of the native vegetation on a
site may be destroyed during the development process; applicant
shall relocate native vegetation to other locations of the site
plan during the development process and will ensure that it is
protected and maintained"; and
WHEREAS, Objective 8 of the adopted Conservation Element of
the Tamarac Comprehensive Plan provides that the "City should
include consideration of wildlife in site plan reviews"; and
WHEREAS, Policy 8.1 of the adopted Conservation Element of
the Tamarac Comprehensive Plan provides that the "City will
include in its development review requirements a provision for
restriction of development activities which adversely affect the
survival of endangered and threatened wildlife"; and
WHEREAS, Policy 8.3 of the adopted Conservation Element of
the Tamarac Comprehensive Plan provides that "the City's land
development code will include a procedure for the preservation or
mitigation of environmentally sensitive lands, should any be.
identified during the platting or site plan processes. Developers
will be required to identify any environmentally sensitive sites,
as defined in the Broward County Land Use Plan"; and
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WHEREAS, Objective 2 of the Future Land Use Element of the
Tamarac Comprehensive Plan requires that the City prepare or
revise the Land Development Regulations to include or update
provisions for adequate response to soils, natural resources, and
topography, as well as to services and facilities availability
before permitting development in the City of Tamarac; and
WHEREAS, Policy 2.1 of the Future Land Use Element of the
Tamarac Comprehensive Plan requires that the Community
Development Department and the City Attorney's Office will
prepare Land Development regulations which require adequate
response to soils, natural resources, and topographic
constraints; and
WHEREAS, Policy 14.3 of the Future Land Use Element of the
Comprehensive Plan requires the City to discourage any activities
in the vicinity of the local area of particular concern (LAPC)
which would have a detrimental effect on it.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: Purpose and scope. The purpose of this ordinance
is to protect natural resource areas, wildlife, wildlife
habitats, natural vegetative areas, and other ecological
communities and their habitats by safeguarding the resources and
habitats from various impacts associated with land development.
The scope of this ordinance shall be the City of Tamarac.
SECTION 2_i That there is hereby created Section 10--65 of the
City Code which shall read in full as follows:
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sECTTON 3, Specific authority is hereby granted to codify
this Ordinance.
If any provision of this Ordinance or the
application thereof to any person or circumstance is held
invalid, 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.
�4ECT1oN 5_ This Ordinance shall become effective immediately
upon adoption and passage.
PASSED FIRST READING this W-11 day of ' �K � , 199 1.
PASSED SECOND READING this 66day of 1992•
NORMAN ABRAMOWI-I'i
MAYOR
ATTEST:
CAROL A. EVANS
CITY CLERK
I HERESY CERTIFY that I have
approved this as
to #zfm-1
ALAN F.
CITY ATI
RECORD OF COUNC L VOTE
MAYOR ABR!LAj_4rt`z
DISTRICT is CKATZ
DISTRICT 2: - dad
DISTRICT 3: G/W Q- ASSEH
DISTRICT 4:
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