0598 Capital Improvement to RoadsORDINANCE NO. 598
• AN ORDINANCE RELATING TO THE DEVELOPMENT OF
LAND WITHIN THE CITY OF OKEECHOBEE; PROVIDING
FOR RESPONSIBILITY FOR COSTS OF CAPITAL
IMPROVEMENTS TO ROADS AND RIGHTS-OF-WAY
DEDICATIONS NECESSITATED BY DEVELOPMENT;
PROVIDING FOR DETERMINATION OF CAPITAL
IMPROVEMENTS REQUIRED BY DEVELOPMENT; PROVIDING
FOR A LIEN AND FOR ENFORCEMENT; PROVIDING
PROCEDURES FOR APPEAL; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE,
FLORIDA, AS FOLLOWS:
SECTION ONE: For purposes of this Ordinance:
A. "Department" is the State of Florida Department of
Transportation.
B. "Site-related Improvements" are capital improvements to
roads and right-of-way dedications necessary to provide safe and
adequate access within and adjacent to the development in question
and made necessary by the specific traffic to be generated by the
development in question or by the alteration or modification of
existing traffic patterns or flows caused by the development.
Such improvements include, but are not limited to, turning lanes,
striping, signalization and traffic control devices.
C. "Person" includes individual, partnership, corporation,
association or other similar entity, and governmental agencies.
D. "Commencement" of development or redevelopment of land
shall occur when a building or electrical permit is issued for
improvement to such land, clearing or other site-work is initiated
to facilitate specific construction, or construction work on the
site is otherwise begun, whichever shall first occur.
SECTION TWO: After the effective date of this Ordinance, any
person commencing the development of or redevelopment of land
within the City of Okeechobee shall be responsible for payment of
. the costs of site-related improvements to roads and right-of-way
dedications necessitated by such development or redevelopment.
SECTION THREE: A. The determination of site-related improvement:
necessitated by development or redevelopment and the cost thereof
• shall be made by the City Administrator, who may consider the
recommendations of the City Director of Public Works and the City
Engineer or other professionals employed for that purpose. The
City Administrator may also seek and consider recommendations by
the Department.
B. Should the City Administrator deem it
necessary for the proper determination pursuant to this section,
he may require a study to be prepared and submitted at the
expense of the person commencing the development or
redevelopment, which study shall show the site-related
improvements, and the cost thereof, necessitated by the proposed
development or redevelopment.
SECTION FOUR: No building permit, electrical permit or final
development approval shall be issued to any person, and no person
shall otherwise commence development or redevelopment of land in
the City, unless such person shall first have obtained a
determination by the City Administrator as to the required site-
related improvements, if any, and have provided to the City
sufficient surety for the construction or installation of such
improvements.
SECTION FIVE: The costs of site-related improvements necessitated
by development or redevelopment of land within the City shall
constitute a lien on the subject property until paid or otherwise
satisfied. The City may enforce the provisions of this Ordinance
by injunction, judgment for damages, enforcement of lien, or any
other remedy available by law.
SECTION SIX: Any person who desires to appeal the determination
of the City Administrator in the enforcement of this Ordinance
shall be entitled to a hearing by the City Council upon request
in writing to the City Council and delivered to the City
Administrator. Such appeal shall be scheduled on the next
regular agenda of the City Council which is at least seven (7)
working days after the receipt of the written request for hearing.
SECTION SEVEN: This Ordinance shall take effect immediately upon
• its adoption.
Introduced for first reading and set for final hearing this
20th day of October , 1 9 8 7 .
Passed and adopted on second reading and public hearing this
3rd day of November , 1987.
MAYOR OAKLAND C AN
ATTEST:
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BONNIE THO AS, CITY CLERK
(second revision, October 20, 1987)
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