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Home My WebLink AboutCity of Tamarac Ordinance O-1993-023to 31 32 13 3 4 l 13 16 17 1e 19 20 23 22 t3 �q '6 '7 1 Revised : 7/29/93 8/10/93 8/13/93 8/16/93 9/8/93 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-93- 0 a Temp Ord. No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 10 OF THE CITY CODE ENTITLED "LAND DEVELOPMENT REGULATIONS", ARTICLE III, "SITE DEVELOPMENT PLANS", DIVISION 4, "PHASE DEVELOPMENT", SECTION 10-101, "PHASE DEVELOPMENT" AMENDING SECTION 10-101 (a)(5), TO CHANGE THE PHASING OF DWELLING UNITS TO INCLUDE NO LESS THAN 25 UNITS; ARTICLE IV, "STANDARDS AND CRITERIA", SECTION 10-121 "GENERALLY", BY AMENDING SECTION 10-121 (d) FOR THE PHASING OF THE PAYMENT OF WATER AND SEWER DEVELOPER'S FEES IN ACCORDANCE WITH THE PHASING ON THE APPROVED SITE PLAN; SECTION 10-122, "POTABLE WATER", BY AMENDING SECTION 10-122 (f) FOR THE. PHASING OF THE PAYMENT OF WATER DEVELOPER'S FEES AT THE TIME OF BUILDING PERMIT; SECTION 10-123, "WASTEWATER TREATMENT AND DISPOSAL", BY AMENDING SECTION 10-123 (e) FOR THE PHASING OF WASTEWATER DEVELOPER'S FEE AND PAYMENT AT THE TIME OF BUILDING PERMIT; ARTICLE V, "IMPROVEMENTS", DIVISION 1, "GENERALLY", SECTION 10-156, "PUBLIC IMPROVEMENT BONDS", BY AMENDING SECTION 10- 156 (a) TO REQUIRE A DEVELOPER'S AGREEMENT PRIOR TO THE ISSUANCE OF A DEVELOPMENT PERMIT; SECTION 10-159, "INSPECTION FEES", BY ADDING SECTION 10-159 (d) FOR THE ENGINEERING INSPECTION FEES TO BE PAID IN PHASES; DIVISION 8, FAIR SHARE CONTRIBUTIONS FOR ROAD IMPROVEMENTS", BY AMENDING SECTION 10-291, "TIME OF PAYMENT", ADDING A SCHEDULE OF PAYMENTS OF TRAFFIC IMPACT FEES IN ACCORDANCE WITH THE DEVELOPER'S AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac desires to update its land development regulations, in order to improve the relationship between demand and the' provision of transportation facilities; and, WHEREAS, the City of Tamarac desires to assist in the development a variety of housing choices in the City of Tamarac; and WHEREAS, the amendments to allow phasing of the payment of 1 traffic impact fees will assist the development of a variety of housing types. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE OF TAMARAC, FLORIDA: CODING: WORDS IN STP"Ry TYPE ARE DELETIONS FROM EXISTING LAW; WORDS IN UNDERSCOEJF. TYPE ARE ADDITIONS. SECTION 1. Section 10-101. "Phase development" is amended as follows: (a) (5) No phase shall contain less than twenty-five (25) dwelling units as described in the approved overall site plan. SECTION 2. Section 10-121 "Generally" is amended as follows: (d) There shall be no reservation of water or sewer capacity or other service unless all conditions precedent to such reservation such as entry into a Water and Sewer Developer's Agreement, which specifically sets forth a phasing for the payment of fees in accordance with the 12hasing shown on the a roved ite vlan. There shall be no reservation of capacity or service until SECTION a. Section 10-122 "Potable Water" is amended as follows: (f) A Potable Water Developer's Agreement shall be required to be entered into with the entity to provide service therefore, and an agreement which sets forth the „phasin and timing for jhe_payment of fees in accordance with the phasing shown on he aj2l2roved site 121an shall be entered into all fees require therein shall be prior to site plan approval. Fees paid at tha time _of building VgLmi t, shall be paid in accordance with the fee schedule ,in effect at the time the building hermit is applied for and not the fee schedule in effect at the time the Water and Sewer Developer's Agreement is avvr�y the City Council of the City of ,Tamarac. There shall be no reservation of capacity or service until fees are 12aid. SECTION 4. Section 10-123 "Wastewater treatment and disposal" is amended as follows: (e) Prior to approval of a site plan, a developer must have entered into a Wastewater Developer's Agreement with the entity to provide service therefor. The Water and Sewer Develo er's Agreement shall set forth the phasing and the timing exhibit for the payment of all fees All fees required t-9 be pa4dprior to the site plan approval for sewer contribution or other charges . Fees aid at the time of building ermit shall be 12aid in accordance with the fee schedule in effect at„the dime the buildingyermit is a1232lied for and not the fee chedule in effect at the time the Water and Sewer Developer's A Bement is a roved b the City Council of the City of Tamarac. There _shall be no reservation of capacity or service until fees are paid. E7 CODING: WORDS IN &TR";v TYPE ARE DELETIONS FROM EXISTING LAW; WORDS IN UNDERSCORE TYPE ARE ADDITIONS. FS q J SECTION Section 10- 156 "Public improvement bonds" is amended as follows: (a) Prior to the issuance of any permit, other than for clearing and grubbing (Section 10-154 (c)), a Water and Sewer Developer's Agreement which sets forth the hasin and timing of the payment of all required fees and the submittal and approval of the improvement bond is required. A letter of credit will be required to ensure 12ayment of City fees and guarantee completion ,of imlrovements. SECTION 6. Section 10-159 "Inspection fees" is added as follows: Engineerins inspection fees may be Raid in 12hases as lop a the fees are 12aid based on engineering fans that 12rgvide acceptable water, sewer, drainage and 12aving services. No dead-end lines or roads will be permitted. SECTION 7. Section 10-291 "Time of payment" is amended as follows: fees, fak in be —v..-- ywyaaa4f.4 V,i share 4 effiknal-"'��le , shall made to be -site pp appFeved for any developer- siteplanshall has failed fW1 whe iY-3 eash..e f Cyr- fees te make ..la h fkka4 p:1.1ittYtllnt share where been de-}�� iee-t-he-effeefi;re- .a�,�,f site of r....m ate derived - the �er-dia At the time of final site 121an a1212roval, there shall be a D velo er's A re ment between the Ci f Tamarac and the develo er in which the develol2era ees to the payment of traffic im act fees in this chal2ter as set forth in the Devel er's Agreement. Traffic impact fee hall be 12aidin accordance with the schedule set forth in the Developer's a licati n for a building permit. Fees will be 12aid at the rate in effect at the time of.al2plication for the building permit which will not necessarily be the rate in effect at the time of Lh-c Developer's Agreement. SECTION 8: Specific authority is hereby granted to codify this Ordinance. EEM�N 9: All Ordinances or part of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 10: If any provision of this Ordinance or the application thereof to any person or circumstances 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. CODING: WORDS IN STRIKETHRU TYPE ARE DELETIONS FROM EXISTING LAW; WORDS IN UNDERSCORE TYPE ARE ADDITIONS. SECTION 11: This Ordinance shall become effective immediately upon adoption and passage. PASSED FIRST READING this o�-'--hday oa 41993 PASSED SECOND READING this day of&,Pfer;,-b;4993 ATTEST: CAROL A. EVANS CITY CLERK RECORD O F CouNCIL voTE I HEREBY CERTIFY that I have MAYOR approved this ORDINANCE as DIST 1; to form. DIST. /1 DIST. 3: n / / DIST. 4: 8-9(1 ATTORNEY CODING: WORDS IN 1ter,-r,Kr= ;-IR;y TYPE ARE DELETIONS FROM EXISTING LAW; WORDS IN UNDEBECORE TYPE ARE ADDITIONS. .