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Home My WebLink AboutCity of Tamarac Ordinance O-2002-018E Temp. Ordinance #1971 July 19, 2002 1 Revision 1, August 21, 2002 Revision 2, August 21, 2002 Revision 3, September 3, 2002 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2002-18 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 10 ENTITLED, "LAND DEVELOPMENT REGULATIONS", ARTICLE IV ENTITLED, "STANDARDS AND CRITERIA", SECTION 10-122 ENTITLED, "POTABLE WATER", AMENDING REQUIREMENTS FOR WATER AND SEWER DEVELOPER'S AGREEMENT TO REQUIRE EXECUTION AND PAYMENT OF ALL FEES FOR WATER CONTRIBUTION CHARGES PRIOR TO ISSUANCE OF A UTILITIES PERMIT; AMENDING SECTION 10-123 ENTITLED, "WASTEWATER TREATMENT AND DISPOSAL", AMENDING REQUIREMENTS FOR WATER AND SEWER DEVELOPER'S AGREEMENT TO REQUIRE EXECUTION AND PAYMENT OF ALL FEES FOR SEWER CONTRIBUTION CHARGES PRIOR TO ISSUANCE OF A UTILITIES PERMIT; REQUIRING PAYMENT OF FEES TO BE IN ACCORDANCE WITH PHASING SHOWN ON APPROVED SITE PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Director of Utilities has reviewed Chapter 10 entitled, "Land Development Regulations", relating to Water and Sewer Developer Agreements and has identified delays in the site plan approval process due to the requirement of having an executed Water and Sewer Developer's Agreement prior to site plan approval; and CODING: Words in StFUGU throuo type are deletions from existing law. Words in underscored type are additions. Temp. Ordinance #1971 July 19, 2002 2 Revision 1, August 21, 2002 Revision 2, August 21, 2002 Revision 3, September 3, 2002 WHEREAS, based upon such review the Director of Utilities has determined that certain sections need to be amended or clarified requiring property owners, builders or developers to execute a Water and Sewer Developer's Agreement with the City prior to the issuance of a Utilities Permit, not prior to site plan approval; and WHEREAS, the Director of Utilities and the Director of Community Development have determined that the proposed amendments to Sections 10-122(f) and 10-123(e) of the City Code of Ordinances will expedite the site plan approval process; and WHEREAS, the City Commission of the City of Tamarac, Florida desires to update the City Code to reflect changes as proposed by the Director of Utilities; and WHEREAS, the Director of Utilities recommends approval of the proposed amendments to Chapter 10, Article IV, Sections 10-122(f) and 10-123(e) of the City Code of Ordinances; and WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interests of the citizens and residents of the City of Tamarac to amend Chapter 10 entitled, "Land Development Regulations", Article IV entitled, "Standards and Criteria", Section 10-122(f) entitled, "Potable Water", and Section 10-123(e) entitled, "Wastewater Treatment and Disposal". CODING: Words in CtFUGk throug-k type are deletions from existing law. Words in underscored type are additions. r- I L._.. Temp. Ordinance #1971 July 19, 2002 3 Revision 1, August 21, 2002 Revision 2, August 21, 2002 Revision 3, September 3, 2002 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: 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: Chapter 10 entitled, "Land Development Regulations", Article IV entitled, "Standards and Criteria", Section 10-122(f) entitled, "Potable Water" and 10- 123(e) entitled, "Wastewater Treatment and Disposal" of the City Code of Ordinances is hereby amended to read as follows: SECTION 10-122. Potable water. (f) Prior to issuance of a utilities permit, a developer must have entered into a A potable water developer's agreement shall be requiped to be en+orori inin with the entity to provide service therefor;. The water and sewer developer's ap4-,-"4 agreement whin sets forth the phasing and timing exhibit for the payment of all fees for water contribution or other charges in accordance with the phasing shown on the approved site plan. shall be entered ORW PFOOF W Site plan appre Fees shall be paid at the time of building utilities permit `hall be pairs in accordance with the fee schedule in effect at the time the drag utilities permit is applied for and not the fee schedule in effect at the time the water and sewer developer's agreement is approved by the city commission. There shall be no reservation of capacity or service until fees are paid. CODING: Words in struck thr^„@h type are deletions from existing law. Words in underscored type are additions. Temp. Ordinance #1971 July 19, 2002 4 Revision 1, August 21, 2002 Revision 2, August 21, 2002 Revision 3, September 3, 2002 SECTION 10-123. Wastewater treatment and disposal. (e) Prior to approval Of a Site .- laR, issuance of a utilities permit, a developer must have entered into a wastewater developer's agreement with the entity to provide service therefore. The water and sewer developer's agreement shall set forth the phasing and the timing exhibit for the payment of all fees promo the Site PlaR approval for sewer contribution or other charges in accordance with the phasing shown on the approved site plan. Fees shall be paid at the time of building utilities permit sl au„ be paid in accordance with the fee schedule in effect at the time the bu44iRg utilities permit is applied for and not the fee schedule in effect at the time the water and sewer developer's agreement is approved by the city commission. There shall be no reservation of capacity or service until fees are paid. SECTION 3: 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 or relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 4: 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. SECTION 5: 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 CODING: Words in stR4Gk4hfe60 type are deletions from existing law. Words in underscored type are additions. fl 1 1 �l Temp. Ordinance #1971 July 19, 2002 5 Revision 1, August 21, 2002 Revision 2, August 21, 2002 Revision 3, September 3, 2002 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. This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING THIS 11th day of September, 2002. PASSED, SECOND READING THIS 25th day of September, 2002. MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this O INANCE as to form. 41 7-7- c J' v' MITCHELL S. KR F1' CITY ATTORN Y' JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE/AYE DIST 1: V/M. PORTNER AYE/AYE DIST 2: COMM. MISHKIN AYE/AYE DIST 3: COMM. SULTANOF AYE/AYE DIST 4: COMM. ROBERTS AYE/AYE J ED/mg CODING: Words in StF Gk throug-14 type are deletions from existing law. Words in underscored type are additions.