HomeMy WebLinkAboutCity of Tamarac Ordinance O-1996-013Temp. Ord. #1762 1
August 16, 1996
Revision No. 1 - August 28, 1996
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-96-
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AMENDING
CHAPTER 10 ENTITLED, "LAND DEVELOPMENT
REGULATIONS", AMENDING ARTICLE III, SECTION
10-47 ENTITLED, "SITE PLAN SUBMISSION" TO
INCLUDE A NEW ITEM (36) REQUIRING THE
SUBMITTAL OF A PROPOSED STREETSCAPE
IMPROVEMENT PLAN, AMENDING ARTICLE III,
SECTION 10-79 ENTITLED, "LANDSCAPE PLANS"
TO INCLUDE A NEW ITEM (d) ESTABLISHING
SUBMITTAL OF PLANS FOR REQUIRED OR
VOLUNTARY STREETSCAPE IMPROVEMENTS,
AMENDING ARTICLE V ENTITLED,
"IMPROVEMENTS" CREATING ANEW DIVISION 10
TO BE ENTITLED, "STREETSCAPE IMPROVEMENT
FUND", CREATING SECTION 10-297 ENTITLED,
"INTENT AND PURPOSE", CREATING SECTION 10-
298 ENTITLED "DEFINITIONS", CREATING SECTION
10-299 ENTITLED "STREETSCAPE IMPROVEMENT
FEE IMPOSED ON NEW LAND DEVELOPMENT
ACTIVITY", CREATING SECTION 10-300 ENTITLED
"TIME OF PAYMENT", CREATING SECTION 10-301
ENTITLED "USE OF FUNDS COLLECTED",
CREATING SECTION 10-302 ENTITLED "TRUST
FUND ESTABLISHED", CREATING SECTION 10-303
ENTITLED "EXEMPTION AND CREDITS", CREATING
SECTION 10-304 ENTITLED "SURETY FOR
IMPROVEMENTS; CASE NO. 14-Z-96; PROVIDING
FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFEEECT,IVEDATE.
CODING: Words in struelt threwgl,� type are deletions from existing law;
Words in underscored type are additions.
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Temp. Ord. #1762 2
August 16, 1996
Revision No. 1 - August 28, 1996
WHEREAS, the City Commission of the City of Tamarac realizes the benefits urban
trees and landscaping provided in meeting those beautification objectives as well as
enhancing the human habitability of the city; and
WHEREAS, the City Commission had prepared a "Street Tree Inventory" for the
major vehicular and pedestrian corridors within the city in 1993, which established the
value of the City's urban trees and provided long-term recommendations on the care,
maintenance, and planting of said trees; and
WHEREAS, the City Commission had prepared a "Master Landscape Plan" for the
major vehicular and pedestrian corridors within the city and approved said Plan in July
1996, which established design objectives and guidelines for landscaping within the said
corridors, and provided long-term implementation recommendations for said Plan; and
WHEREAS, the Planning Commission recommended approval of the Ordinance
amendment at a public hearing on July 3, 1996; and
WHEREAS, the Director of Community Development recommends approval of the
Ordinance amendment; and
WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the
best interest of the citizens and residents of the City of Tamarac to promote the continued
beautification of the properties within the City's municipal limits.
CODING: Words in stfuelt through type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #1762 3
August 16, 1996
Revision No. 1 - August 28, 1996
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of the Ordinance
upon adoption hereof.
SECTION 2: That Section 10-47 entitled, "Site Plan Submission" (of Article
III) is hereby amended as follows:
Streetagape Improvement Plan as described in gection 11-6 shall b
submitted in conjunction with item (35) above if the applicant is required to,
r is yolunjarily proposingto, perform Streetscapp, Improvementsin return
for credits outlined in Section 10-303,
SECTION 3: That Section 10-79 entitled, "Landscape Plans" (of Article III)
is hereby amended as follows:
ko Where
any new
development abuts or is adjacent
-to one (1) or
more of the
"Str
r " identified in the City Maste[
Lijj]dspape Plan,
and the
applicant
is req!jirgd
jo. or is voluntarily propgaing
Ig perform Streetsca
Imp.Egvementsin
return for fee credij§u lined
in Section 10-303.
then the
applicantmust
present to the director f community development
im of
Final
Site Plan-
I a Streetscape Improvement
Plan as
part of or
com
item above. The
must depict and cl
indicate
all proposedff
it improvements proposed
within the Streetscape
QQrridor
in accordance
with Section 11-6 of this
code, forthe entiLQ
length
CODING: Words in -`-•.ewgl�t type are deletions from existing law;
Words in undersc rP type are additions.
Temp. Ord. #1762 4
August 16, 1996
Revision No. 1 - August 28, 1996
that the pr,,QUg$ed
developmenta
identified Streetscape
Corridors).
A certified cost estimate
for the improvements
_must also be
submitted.
Review -of the
submitted plan(s,)--by_,r�ff
and planning
commission
ill be completed
with re-commrndationsmade
tot i
co mission
a$ to whether the
plan(s) meet the design criteria of tfieii
Master Landspape
Plan and
any coofligigwhich
may result fr he
gg[opletion
of the proposgd i
r vements. It shall
reMain at thecit 's
discretion whether
to accept or remect the =posed
improvements for fpe
credits in conjunction
with Fin
Plan Approval.
TI 4: That Division 10 entitled "Streetscape Improvement Fund" (of
Article V) is hereby created to read as follows:
DIVISION 10. 5IREETSCAPE IMPRQYEMENT FUND
Section 10-297 Intent and Purpose.
W The city commission has determined
recognized through
the adgptionof the City r Landscape
Plan that it is in the
�,gt interest of the current and future residents of Tamarac to
procure reetscapp, improvements in
allpublic vehicul
and edes rights -of -way corridors
within the mun
limits. Because all properties to be developed
or redeveloped
hereafter will receive mm n urate benefit
andincrease i
value from street treeand -landscaping,
and in parlicular,
property owesuch major ri
s-o 7way; therefore
new developments riot to site
roval or building rmit
i5suance if site plan approval is
not applicable,
satisfactorily commit to plant or cQntribute
as set forth in this
subsection.
kW In grder to finance the desiredr
c Improvements
outlined and recomimended in the City Magler
Landscape
the city commission finds it nerP$sa[y
to require I future
development activity within the
a s fair d
a nabl fee, supportingsaid improvements,
an
CODING: Words in struelt thmugj� type are deletions from existing law;
Words in Underscored type are additions.
Temp. Ord. #1762 5
August 16, 1996
Revision No. 1 - August 28, 1996
i[aplp,ment a re ulato[y schp,[ag that will capitalize gn the
unified Planning of new developments n' ncti n with
beatification of the identifigd current and/or fUture
Streetscape Corridors,
Section 10-298 Definitions.
The following wordra, termsand phrases.in this di '
shall have, the meanings ascribed to them in this gpglign,. except
where the context clearly indicates,a different meaning
Accessory building or structure means a detached, suboLdina,et
buildina the use hi h is clearlyincidential and related to that he
pringipal building or use of thp Ind which is n the
that of the principal building or use.
,61212licant means the- who applies for final gite plan
Buildina rmit means n offigial documentcertificate by the
authority. having jurisdiction. authorizing the con_str_ucti_gn of any
building. The term shall also include i wn permits for thQse
structures or buildings that do not require a building permit, such as
mobile home in r to be occupied
Land development tivit means the carryingout f any building
activity or the making of any material change in_ -the use or
appearance of any strijglurer land that ant cai
or attracts s vehicular over and above h duced
by the existingf the Ind.
m ncement-meana the cancellation of gonstruction activity
[Dgkina a material chaacip, in a structure.an llati n Qf any-
gtbe[
land development aplivitymaking i t change in thp, use
or appearangp, of land.
Site -related improvement meansre sca e or Laodscape
m r vements at or n ar 1he developmenijgwhich is n a or
is included within the develop ent as required by otbQ1 portions of
this code -
CODING: Words in struelt threaglv type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #1762 6
August 16, 1996
Revision No. 1 - August 28, 1996
Section 10-299 Street cane Improvement Fee Imposed on Neyy Land
Development Activity_
U Any applicant obtaining Final Site Plan approval following the
effective d to of the ordinance from which_fhisdivision was
derived shall pay s fee in the manner required by
this division upon commencgment of any new land
development activity requiring a building permj.#, ThQ fair and
reasonable fee shall be used exclusivelywithin the City
exclusive p_!j[poses set forth in this division.
The fee to be paid in full prior to issuance of building permit by
the City, shall be calculated utilizing one (1,) or_more of the
following lands categories. if is of a mixed -use
nature.
TABLE X - ST EETSCAPE IMPROVEMENT FUND
FEES BY LAND USE
LAND USE TYPE UNIT OE MEASURE FEE _PER UNI
Residential
Commercia
In •ffMM
_Q_Qg][DU0ijy Facilities
Utilities
Regreation
dwelling unit (du)
acre
acre
acre
acre
acre
Dime of Payment.
At the time
of Final Site Plan -approval,
the fees due on -the subject
development
for the Streetscape
Improvement
Fund $ ggt forth
in
this h
er will be 5tipulated
as a condition
of approval by tha-au
commission
including any credits
to be
granted in accordance.
with
Section
10-303. The total fees
will ba_D.aid
prior to the issuance
of the
first buildin
CODING: Words in struel(thFeeiglt type are deletions from existing law;
Words in underscored type are additions.
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Temp. Ord. #1762 7
August 16, 1996
Revision No. 1 - August 28, 1996
Section 10-301 Use of Funds Collected.
The funs collected in accordance hidivision shall be used
solely for the purpose of construction of or completing the various
improvements outlined in the City Master Landscape Plan, including
but not limited to:
Landscape II ins - Trees. sbrubs, hedges.
aro ndcovers, mulch —_gravel and related planting
products.
Q Irrigation
( Pavement (ngw or restoration). functional r
decorative.
01 Decorative walls or fences,
& Signage
Me
01 Water Features
f% Entrance Features
jjtility relocations accomm d ove installatioarz
LM Perpetual nanc f above installations
Section 10-302 Trust Fund Established.
There ablishe a trust fund in w ' fees
paid pursuant to the provisiong of this division -are to be
deposited.
CODING: Words in stwelt-tom type are deletions from existing law;
Words in underscgred type are additions.
Temp. Ord. #1762 8
August 16, 1996
Revision No. 1 - August 28, 1996
nds withdrawn from is agcgunt must be used s in
accordance with the provisions of Section 10-301 and in
compliance with the City Mas Plan. The
disbursal-ofh funds shall re Approval f the cily
commission r recommendation hmanager and
djLgctor of public works.
to Any funds on deposit not immediately necessary for
expenditure shall be invested in interest Uppringsources. All
iderived shall be deposited in the applicable
cc
kM The fees collectedpursuant to this returned
the then present owner of the ,land if the fees have not. been
spentn mber d reasonable time but not Igter
Than by theend of the r immediately fallovying
ten 10 years from thet the fees were paid. Refunds shall
made in accordan a with the following prodire:
W The present owner must petition the city_
commission for the refund within one-(1)yea
following the end of the tenth year from the date
go ,,which the fee was paid.
The petition must be submitted to the dir tec or of
community development and must contein:
a. A notarized sworn statemen# That the
petitioner is the cu[rentowner of the
ro
A copy ofthe--dated receipt issued
paymenth f
A certified copy of the latest recorded
d end_: and
d. A copv of the most recent ad valorem tax
l_AM
CODING: Words in type are deletions from existing law;
Words in undersr type are additions.
Temp. Ord. #1762 9
August 16, 1996
Revision No. 1 - August 28, 1996
Within three (3) months from the dgig of receipt
of a petition for refund, the director of commlinity_
devel.QpMent will advise the petitioner and the
city commission of jbp, status of the fee
requested for refund. For the purpose -of this
section, fees collected ,shall be deemed tc_ be
spent (encumbered) on the basis of the first fee
and shall bg the first fee out. In -other _wg c s, the
first money placed in a trust fund -account shall
be the first money taken out of that gccount.
kQ
When the money requested
is
still in the
trust
fund account and
has ngi
bppn spent
rdbthe
f tho
calendaru
r
immediately fo
1
years from
he
date the fees were
paid, the
money shall
be
returned,
Ue The fees collected
pursuant to this
division may
returned
to
he present
owl]gr if the proposed land
dpvelopmentacti
'
canceled dUe
to a noncommencement of construction _before
the funds
have been _c m itted
or spent
pursuant to
this
division.
may be
'n accordance
wh
subsections
(d)(2) and M
Sectign 10-303 Exemption
and Credits.
Ual Exemption.
The following shall be
exempted
from payment
of
the Streetscape
Improvemcnt.feg:
(11 Alterations or expgnsion of an existbg dwellingunit wheLe, no
additional unitsr rea darid-theis not than
The construction f @ccessocy buildings r structures whmcb will
not increase the occupancy rates or generate additional traffic
asso-ciated with the principal building or of the lg.nd_
CODING: Words in StFuelt thmugh type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #1762 10
August 16, 1996
Revision No. 1 - August 28, 1996
The rgPlacement of a destroyed or partially destroyed building.
gr structure with a new building or structure of -the -same size
and use.
W The construction of publicly owned v rnmen al buildin
tW Credits.
W Where a proposed development
activity
abuts or is_gdi
e� n
one (1) or more of the Streetscape
Corridors
identifipd
in the
City Master Landscape
Plan, the developer_may
gl
ce t to
construct partj2f tbP, adjacentr
tsca Improvements
which is in-addilign to
the site -related
r v m n s. The
developer -shall submit the
roposed %rgetscape
lmprovemqnA
Plan(s) which he intends
to complete along
with a certified
cost
estimate to the director
of community develogIDgnt.
The
d'community
d ve
hall determine h
prgposed construction
and reasgriable
substitute for a portion of
the Streetscape
fee and the
amount
of credit to be given and
1he timetablefor
completion,
In no
case shall the credit granted
exceed more__than_50
percent
50% of th a fee which would
nQrmally be
due o
t d development
he
proposed Streetscape
Improvemeatss
12� Where a proposed development
seeks
to, or is requiLQd
to
complete Streetscape
Improvements
as outlined in
Sub-
s above, the 12rol2osed
Streetscapemen
s
shall be completed for all
portions of the
swale area. between
edge of road n
nd the r
n the
proje=
adjacent side of the streets
.W., as well as
133edian
improvements if al2pligableand
not previouslycompleted.
the entiLelength of which-thech-the
12rpiect
abuts saidr
a e
R.O.W. r
Q Thg developer may h II nae any determingtion made
director of community development pursuant to paragraphs
Bove by fi ' petition with thg gily commission -
CODING: Words in atFuelt ter type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #1762 11
August 16, 1996
Revision No. 1 - August 28, 1996
Sec ion 10-304 Surety Required for ImpLQvements.
Prior to the
issuance of a buildingpermit
for development
propQsina StreetscapeIm
r vements
for which fee credils
will
be granted,
the developer
shall
p st,with the city in
a form
accel2igble
to the city
n nd
riskmgoijaer a bond.r
Qf credit or other acceptable
surety
for 110 percent(110%%)
of
an estimatg
bearing
h n
in er's / r l n
s
arcbitect's
sealedas
approprogte
for the corgl
of all
improvements
contained
in the
Streetscape Improyrment
PI s
part of the
Final Site
n approval.
Upon com
i n of the required
StreetscapeImproveme
and rel' in
acceptance f
the director of
comol m
dp,yglopment,
the hall release
surety held
to secure
the required improvements
except
that 10 per (1
QYP) of the
required r
hall be rQtainedi
r a period
of one
after the issuaoceof the
last certifigate of
occupancy
for the development
or portion of
development for
which the
§urety was issljpd,
at which time
the city will
make final
i0spections of
th required improvements.
If said Streetscape
Inprovements
are acceptable by
the, director of
community
development
meeting I city requirementg
th r
mai
pp,rcent10%
ofposted surety
II be released.
Piro the rel f any portionh surety under the
requiremeDts of this sgrtion, a com le f as -built
d[gwings must be submitted to and ggpepted by the for of
community development.
CODING: Words in stFuelt througli type are deletions from existing law;
Words in underscored type are additions.
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Temp. Ord. #1762 12
August 16, 1996
Revision No. 1 - August 28, 1996
SECTION 5: It is the intention of the City Commission and it is hereby
ordained that the provisions of this Ordinance shall become and be made a part of the
Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this
Ordinance may be renumbered, relettered and the word "Ordinance" may be changed to
"Section", "Article" or such other word or phrase in order to accomplish such intention.
SECTION 6: All Ordinances or parts of Ordinances, and all Resolutions or
parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.
SECTION7: 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.
CODING: Words in stFuelt thFeuglt type are deletions from existing law;
Words in underscored type are additions.
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Temp. Ord. #1762 13
August 16, 1996
Revision No. 1 - August 28, 1996
SECTION 8: This Ordinance shall become effective immediately upon its
passage and adoption.
PASSED, FIRST READING this f / day of '1996.
PASSED, SECOND READING this 0(p day of 1996.
ATTEST:
L
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
CITY ATTORNEY
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* - • ABRAMOWIT 1
MAYOR
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CODING: Words in type are deletions from existing law;
Words in underscored type are additions.