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.
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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
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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.
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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
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TO CO ISSION