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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 1 Temp. Ord. #1573 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 2 Temp. Ord. #1573 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: PrQtectiQn- 1&1 ,5,J_ " Klearing" Shall mean the removal of trees{_ .rush" x 3 6 4 Temp. Ord. #1573 3 3� 4 7E 113, I!1 115 Temp. Ord. #1573 • �. - •uu •- u'' • - 9611111 •55iiSTMOSMGMS• • . • + • • • - 11 - - • Ross- • - - • _ 11 - _ • y r - - ' - • • J I IL Temp. Ord. #1573 LJ Temp. Ord. #1573 No Text Temp. Ord. #1573 Temp. • . ModificAtion Qf the - • - Q- ••m-r r -r - • 10 i .. No • - - ..m- order sjN_ he Issued 131)til -an sj, _veloner _ . 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: II lyrIm