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HomeMy Public PortalAboutORD 91/05TOWN OF GULF STREAM ATION AND OPEN SPACE ORDINANCE ORDINANCE NO. 91/5 AN ORDINANCE TO BE KNOWN AS THE TOWN OF GULF STREAM, FLORIDA RECREATION AND OPEN SPACE ORDINANCE, PROVIDING FOR INTENT AND PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICATION OF ORDINANCE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Gulf Stream, pursuant to Sec. 163.3161, F.S., the Florida Local Government Comprehensive Planning and Land Development Regulation Act (the Act), prepared and adopted a Comprehensive Plan; and WHEREAS, as part of that Comprehensive Plan, the Town prepared and adopted a Recreation and Open Space Element; and WHEREAS, the Recreation and Open Space Element states that the Town shall adopt land development regulations which define recreation, parks and open space, which require the provision of facilities consistent with the adopted levels of service in the element, and which provide standards for access to parks; and WHEREAS, the Act mandates that the Town of Gulf Stream adopt land development regulations that implement the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, THAT: Section 1. Intent and Purpose 1.1 Implementation of Comprehensive Plan: This ordinance is intended to implement and be consistent with the Town of Gulf Stream Comprehensive Plan, Sec. 163.3161, F.S., and Rule 9J-5, F.A.C., by ensuring that all development in the Town is served by adequate recreation and open space services and facilities. 1.2 Fiscal Responsibility: The Town Commission is committed to supplying the Town's residents with the efficient provision of services and amenities. This ordinance will do so by requiring new development to supply, or ensure, adequate provision of recreation and open space services and facilities required to meet the needs generated by such development. 1014.06-GSREC-9/28/90 1 1.3 Minimum Requirements: The provisions of this ordinance in their interpretation and application are declared to be the minimum requirements necessary to accomplish the stated intent, purposes, and objectives of this ordinance. Section 2. Definitions 2.1 Developer: Any person, including a governmental agency, undertaking development as defined in this ordinance. 2.2 Development: Development has the meaning defined in Sections 163.3164 and 380.84, Florida Statutes. 2.3 Development Order: Development order has the meaning defined in Section 163.3164(6), Florida Statutes. 2.4 Recreation and Open Space: Recreation and open space is defined as public and private land and water uses that are intended for the use of Town residents for leisure and recreational activities. These may include, but not be limited to, golf courses, tennis courts, swimming pools, beach access areas, and open space or preserve areas. 2.5 Levels of Service (LOS): The recreation and open space levels of service shall be those found in the adopted Recreation and Open Space Element of the Town's Comprehensive Plan, as may be amended from time to time. Section 3. Application of Ordinance 3.1 Application: This ordinance shall apply to all development in the Town of Gulf Stream. Section 4. Implementation 4.1 Development Impact Assessment: The developer of a proposed development in the Town of Gulf Stream shall determine the impact of the proposed development on the recreation and open space facilities of the Town. In doing so, the developer shall comply with the Town's adopted Concurrency Management System. This will involve applying the adopted levels of service for recreation and open space to the proposed development to determine the projected need generated by the development. 4.2 Provision of Facilities: If the development impact assessment determines that additional services and/or facilities will be required to be generated by the proposed development pursuant to the Concurrency Management System, the developer must identify how the services and/or facilities will be provided to meet the level of service standards set forth in the Concurrency Management System. This may occur in several ways including provision of the required services and/or facilities on site, documenting that the needs will be met through a surplus in 1014.06-GSREC-9/28/90 existing services, or by providing off-site facilities that meet the concurrency management requirements for the development. The primary test to be met is that the recreation and open space needs generated by the proposed development are met by the developer or any existing surplus in the Town. The facilities identified to meet the concurrency requirements of a proposed development must mitigate the impacts generated by the proposed development. 4.3 Designation of Recreation and Open Space Areas: Any recreation and open space area created or identified as a result of this ordinance shall be so designated on the site plan of affected developments. Areas designated for recreation and open space shall be dedicated for that use within ninety (90) days of rendition of the Development Order and not available for other types of development. In addition, any recreation and open space area created or identified as a result of this ordinance greater than one-half acre shall be designated on the Future Land Use Map of the Town's adopted Comprehensive Plan. This can be initiated by the developer or by the Town during periodic plan review and revisions. All other recreation and open space areas created and/or identified to meet the requirements of this ordinance shall be determined to be consistent with, and in compliance with, the Future Land Use Map of the Town's adopted Comprehensive Plan. 4.4 Development Review: The Town's Code Enforcement Officer shall review all development proposals to determine if this ordinance is applicable. If the Code Enforcement Officer determines that this ordinance is applicable to a proposed development, the developer shall be so notified and shall be required to address the provisions of this ordinance in the development application. The Town Planning Board shall review all development applicable under this ordinance for consistency with the Town's adopted Comprehensive Plan and implementing codes including the Future Land Use Element, Recreation and Open Space Element, the Capital Improvements Element, and the Concurrency Management System. Section 5. Enforcement 5.1 Violation: A violation of this ordinance shall be a misdemeanor punishable according to law; however, in addition to, or in lieu of, any criminal prosecution, the Town of Gulf Stream shall have the power to sue in civil court to enforce the provisions of this ordinance. 1014.06-GSREC-9/28/90 3 Section 6. severability 6.1 Severability: If any section, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not effect the validity of the remaining portion. Section 7. Repeal of ordinances in Conflict 7.1 Repeal of Ordinances irk Conflict: All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which conflict with this or any part of this ordinance are hereby repealed. Section S. Codification 8.1 Codification: This Ordinance shall be codified and made part of the official Code of Ordinances of the Town of Gulf Stream. section 9. Effective Date 9.1 Effective Date: This,Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session on first reading this 7th day of January , 1991, and for a second and final reading on this 21st day of Janut ATTEST: Town Clerk GLu(e c;_ TO CO ISSION