HomeMy WebLinkAboutV (A) Public Hearing - Ordinance No. 95-17, enacting changes to Chapter 180, Land Development Code pertaining to Short Form Subdivision Plat Procedure, Street Lighting and Utility Service Pedestals AGENDA 7-05-95
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"CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE"
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• CC)\IAIItiSIUNiiHti CITY OF OCOEE RUSTY JOHNSON
PAUL W. FOSTER
150 N. LAKESHORE DRIVE SCOTT A.GLASS
V OCOEE,FLORIDA 34761-2258 JIM GLEASON
4). " ��� (407)656-2322
`� CITY NAANAGI.R
Of G0O ELLIS SHAPIRO
SRP-495
STAFF REPORT
DATE: June 14, 1995
TO: The Honorable Mayor and City Commiss ' oners
FROM: Russ Wagner, Director of Planning ,/
SUBJ: PROPOSED AMENDMENTS TO THE LAND DEVELOPMENT CODE
ORDINANCE 95-17
ISSUE:
Should the Honorable Mayor and City Commission approve Ordinance
95-17 (attached) which enacts changes to the Ocoee Land Development
Code (LDC) pertaining to a Short Form Subdivision Plat Procedure,
Street Lighting, and Utility Service Pedestals?
BACKGROUND:
Over the last year, a number of proposed changes to the LDC have
been suggested by the Planning and Zoning Commission and City
Commission as part of a continuing effort to upgrade the City's
development control regulations . As a result, Staff proceeded to
research revisions to various portions of the Code to implement
measures which would better regulate a number of these development
activities . The attached Ordinance, if enacted, would affect three
separate portions of the Code to 1) provide a simplified method to
plat small parcels , 2) require developers to pay for street-
lighting costs while their project is under development, and 3)
require that utility service pedestals on narrow lots be moved away
from the street to minimize adverse visual impacts .
DISCUSSION:
The proposed Short Form Subdivision Plat Review Process would
enable the City to process simple subdivisions of five lots or less
under an expedited permitting procedure in cases where limited
improvements are required,. A Preliminary and Final Subdivision
Plan requiring an extensive amount of background data and
engineering analysis would not need to be submitted for approval .
Instead, the DRC would only require that amount of data necessary
to ensure that basic code requirements be met when the property is
platted. The DRC would forward plats reviewed under this procedure
directly to the City Commission for adoption.
The Honorable Mayor and City Commission
June 14, 1995
Page 2
Changes to provisions within the LDC pertaining to Street Lighting
make the developer responsible for not only the installation of the
lights, but also for their operational costs until such time as 75%
of the lots in the subdivision have been issued building permits .
Specific provisions have also been incorporated within the Code
outlining payment procedures , and reimbursement to the City for
additional costs to cover specialized street lighting have also
been identified. For subdivisions with private streets , the
developer and/or the homeowner 's association would be entirely
responsible for the installation and continuing operation costs of
all street lighting.
In order to control the visual pollution caused by the congregation
of above-ground electric, telephone, and cable television service
pedestals within residential subdivisions , proposed changes to the
LDC would require that these facilities be placed back from the
roadway within 5 feet of the front building setback line. This
provision would apply to any residential lot having less than 70
feet , in width at the street right-of-way line. Therefore,
practically all cul-de-sac lots and smaller lots within PUD
subdivisions would be required to conform to this provision,
although existing subdivisions would be exempt . This provision
would apply to service or terminal boxes only and not to pad
mounted transformers which normally only occur along the street
every eight to ten lots .
PLANNING AND ZONING COMMISSION RECOMMENDATION:
At their regular meeting of June 13 , 1995 , the Planning and Zoning
Commission held a Public Hearing on the proposed changes to the
LDC, and after discussing a number of aspects of the proposed
modifications , unanimously recommended that the City Commission
adopt Ordinance 95-17 as presented.
STAFF RECOMMENDATION:
Staff respectfully recommends that the Honorable Mayor and City
Commission adopt Ordinance 95-17 which provides for changes to the
Ocoee Land Development Code pertaining to a Short Form Subdivision
Plat Procedure, Street Lighting, and Utility Service Pedestals .
RBW/emk
Attachment
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K-2 me Orlando Sentinel,Sunday,June 11,1996 on,
`: NOTICE._0F CHANGE. OF ZONING/PERMITTED LAN uSE'. 1
w AND._NOTICE-.OF;PUBLIC.,HEARINGS B,T THE OCOEE 4i y _,
• COMMISSION FOR AMENDMENT THE LAN114:3.1
: , • DEVELOPMENT CODE . . . __._ . �.
:;The City of Ocoee Board of City Commissioners proposes to change the permitted use of:,
-land within the areas shown in the map in this advertisement by amending the City's Land`"
::Development Code to adopt a Short Form Subdivision Plat Review Process,a new subsec
!-tion on Street Lighting in New Subdivisions,and a subsection related to Other Utilities,
including Pedestal Mounted Service or Terminal Boxes. '_ ' ► '
::Public hearings regarding the
e amendment to the City's Land De-
-velopment Code will be held on h . ' -
2 Tuesday, June 20;•.:1995 at 7:30 ",-,,-;,S-.7:_':' - o
::p.m.;-.and Wednesday, July 5, 1995 . ..,.*0-4,-7,:-0->' 1
:-at 7:30 p.m. oras soon thereafter as ;'r :, ,, ' , /a r� o
4'practical, at the.Commission Cham- d • ,� _® • i*.. . .±'
r bers,r Ocoee City Hall, 150 North __-- ,
..Lakeshore Drive, Ocoee, Florida.
;The land `development regulation box _ ;U r'
;under
,�consideration for adoption is 4,-,%:',.---
�u�fi 1 ���s a
,ORDINANCE NO`95-157+ „� ,,# ■ems •
t.
:AN ORDINANCE OF THE CITY OF
;.00OEE, FLORIDA RELATING TO �- d�'ai a ,- . L.E'— 1
"CHAPTER 180 OF THE CODE OF OR- ��` "' ��"=# —=
DINANCES OF THE CITY OF OCOEE
pi
•.KNOWN AS THE LAND DEVELOP-- - - ,"' R� ' .. �'
MENT CODE; ENACTING A. NEW 17
:-'..�� ..L1.1
��• {o..MF' � n �.
SUBSECTION 4-4.1 OF ARTICLE IV ,r 3 ��;,�
:OF CHAPTER 180 ESTABLISHING A '- .:�� - t--'-"�� !��
�a.� � CZE ,
:SHORT FORM SUBDIVISION. PLAT •• r� , ' a N&s, '��
REVIEW PROCESS;` REPEALING , .27'Y, ant .�i rr -,.
;`.SUBSECTION 6-2.A 13 OF=ARTICLE T ` • r�:•1� e,� j _;" tt-- ;
-VI RELATED TO STREET LIGHTING; " z.--t'::,..--11",r a E.I-:� 0 ,.`
-RENUMBERING SUBSECTION 6-_ . . ' .* ' �� ' - `
2.A(14) OF ARTICLE VI; ENACTING A � J' , -� ,';. ON Ilk 1 I
NEW SUBSECTION 6-8.D OF ARTI- , �
CLE VI RELATED TO STREET LIGHT- tia '" CITY OF OCOEE
ING, INCLUDING PROVISIONS WITH .
RESPECT TO DEVELOPER OBUGA- v
TIONS TO PROVIDE STREET LIGHT I '
• ING IN NEW SUBDIVISIONS; RE-
: PEAUNG SUBSECTION 6-8.0 OF AR-
:TICLE VI IN ITS ENTIRETY AND ENACTING A NEW SUBSECTION 6-8.0 RELATED TO
: OTHER UTILITIES, INCLUDING PEDESTAL MOUNTED SERVICE OR TERMINAL BOXES;''
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODI-
FICATION;PROVIDING FOR AN EFFECTIVE DATE.
;A copy of the proposed Ordinance may be inspected by the public in the office of the
Ocoee Planning Department, City Hall, 150 N. Lakeshore Drive, Ocoee, Florida. Interested
parties may appear at the hearings and be heard with respect to the adoption of the pro-
posed Ordinance.This notice is given pursuant to Chapter 166 and Section 166.041(3)(c)
Florida Statutes.
If any person desires to appeal any decision with respect to any matter considered at these
' meetings, such person may need a record of the proceedings; for this purpose, such per-
son may need to ensure that a verbatim record of the proceedings is made which includes
the testimony and evidence upon which the appeal is based. Persons with disabilities
needing assistance to participate in any of the proceedings should contact the City Clerk's
....office 48 hours in advance of the meeting at(407)656-2322. - .
'Jean Grafton,City Clerk June 11, 1995
City of Ocoee - June 22, 1995
ORDINANCE NO. 95- 17
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO CHAPTER 180 OF THE CODE OF ORDINANCES
OF THS: CITY OF OCOEE KNOWN AS THE LAND
DEVELOPMENT CODE; ENACTING A NEW SUBSECTION 4-4.1
OF ARTICLE IV OF CHAPTER 180 ESTABLISHING A SHORT
FORM SUBDIVISION PLAT REVIEW PROCESS; REPEALING
SUBSECTION 6-2.A(13) OF ARTICLE VI RELATED TO STREET
LIGHTING; RENUMBERING SUBSECTION 6-2.A(14) OF
ARTICLE VI; ENACTING A NEW SUBSECTION 6-8.D OF
ARTICLE VI RELATED TO STREET LIGHTING, INCLUDING
PROVISIONS WITH RESPECT TO DEVELOPER OBLIGATIONS
TO PROVIDE STREET LIGHTING IN NEW SUBDIVISIONS;
REPEALING SUBSECTION 6-8.0 OF ARTICLE VI IN ITS
ENTIRETY AND ENACTING A NEW SUBSECTION 6-8.0
RELATED TO OTHER UTILITIES, INCLUDING PEDESTAL
MOUNTED SERVICE OR TERMINAL BOXES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to adopt new
provisions and amend various other provisions of Chapter 180 of the Code of Ordinances of the
City of Ocoee known as the Land Development Code; and
WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the
Ocoee Planning and Zoning Commission, acting as the Local Planning Agency of the City, has
held a public hearing on June 13 , 1995 to review the relationship between this Ordinance
and the Ocoee Comprehensive Plan and following such hearing found this Ordinance to be
consistent with the Ocoee Comprehensive Plan, and in the best interests of the City of Ocoee
and recommended that the City Commission adopt this Ordinance.
WHEREAS,pursuant to Chapter 163 and Section 166.041(3)(c),Florida Statutes,
the Ocoee City Commission held public hearings on this Ordinance on June 20 , 1995 and
on July 5 , after public notice and received public input with respect thereto; and
WHEREAS, the City Commission of the City of Ocoee finds and determines that
this Ordinance is consistent with and implements the City of Ocoee Comprehensive Plan and that
adoption thereof is in the best interest of the City of Ocoee.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMNIISSION OF
THE CITY OF OCOEE, FLORIDA AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of
Florida and Chapters 163 and 166, Florida Statutes.
SECTION 2. Enactment of New Section 4-4.1 of Article IV of Chapter 180.
Article IV of Chapter 180 of the Code of Ordinances of the City of Ocoee is hereby amended
by the addition of a new Subsection 4-4.1 to read as follows:
4-4.1 SHORT FORM SUBDIVISION PLAT REVIEW PROCESS
(A) The Short Form Subdivision Plat Review Process set forth in this section is
intended to provide for adequate public review of subdivisions having few lots
and which do not require dedication of streets or public or private improvements.
(B) When an applicant proposes to subdivide property this Short Form Subdivision
Plat Review Process may be substituted for the Subdivision Review Process set
forth in Section 4-4 hereof provided all of the following standards are met:
1. The subdivision consists of five (5) lots or less;
2. No additional improvements are proposed for the property, except as may
be required by the Land Development Code;
3. Each lot has direct access to an existing paved public street, as required
by Section 6-2.A(5) of this Code;
4. The existing street layout will not be affected, except for the dedication
of additional right-of-way, where required by the City;
2
5. All lots must be serviceable by existing water and sewer lines, unless
waived by the City;
6. The initial subdivision is not part of a larger development but may be a
replat of a lot or lots which are part of a larger development;
7. The lots meet all applicable Code requirements; and
8. There are no special circumstances existing which result in the
Development Review Committee determining that the proposed plat should
not be processed under the Short Form Subdivision Plat Review Process.
(C) Pre-application Conference. Prior to submitting an application under this Section,
the applicant shall confer with the Director of Planning at a pre-application
conference. In this way the applicant may outline his/her intentions for the
property and can become familiar with the procedure for the Short Form
Subdivision Plat Review Process. Following the pre-application conference the
Director of Planning, after consultation with affected Departments, shall advise
the applicant regarding his preliminary determination as to whether the proposed
subdivision meets the criteria for review under the Short Form Subdivision Plat
Review Process as set forth in Section 4-4.1(B) above. The preliminary
determination of the Director of Planning will be based only on the information
presented at the pre-application conference and will not be binding on the City.
The Director of Planning shall advise the applicant whether any additional
information must be submitted with an application pursuant to this section.
(D) If, following the pre-application conference, the applicant decides to continue,
then an Application for Short Form Subdivision Plat Review shall be submitted
by the Applicant to the Engineering Department along with thirteen (13) paper
copies of the proposed plat (mylar to be given to City upon approval by the
Development Review Committee), the applicable submittal fee, and such other
information as may have been required by the Director of Planning at the pre-
application conference or otherwise required on the application form. In addition,
the applicant shall submit a Certification of Title and Encumbrances in
conformance with the requirements of Section 177.041, Florida Statutes (i.e., an
attorney's title opinion or title company certification). No application shall be
deemed accepted unless it is complete and all required information has been
provided.
(E) Upon acceptance of the application by the Engineering Department, copies of the
proposed plat shall be distributed to the Development Review Committee. The
Development Review Committee shall review the proposed plat and determine
whether there are any special circumstances which, in the opinion of the
Development Review Committee, should disqualify the proposed plat from being
3
processed under the Short Form Subdivision Plat Review Process. The
Development Review Committee members shall individually submit written
comments on the proposed plat to the Engineering Department. In the event the
Development Review Committee determines that the proposed plat is not eligible
for review under the Short Form Subdivision Plat Review Process, then in such
event, the applicant shall be required to resubmit the proposed plat in compliance
with Section 44 hereof, including those requirements related to Preliminary
Subdivision Plans and Final Subdivision Plans. Any such decision of the
Development Review Committee may be appealed by the applicant to the City
Commission. If the Development Review Committee determines that the
proposed plat should be processed under the Short Form Subdivision Plat Review
Process, then the Engineering Department shall submit all comments of the
Development Review Committee in a report to the applicant who shall make the
changes necessary and then submit a revised plat to the Engineering Department.
This process shall continue until the proposed plat is satisfactory to the
Development Review Committee. Proposed plats processed pursuant to the Short
Form Subdivision Plat Review Process shall not be subject to review by the
Planning and Zoning Commission.
(F) After the Development Review Committee approves the proposed plat, the City
Engineer shall submit the proposed plat, supporting data and a report from the
Development Review Committee, to the City Commission; provided, however,
that prior to submittal to the City Commission, the City Engineer shall have
received the following information from the applicant:
(1) Certification of payment of taxes (Receipt from Orange
County Property Appraiser's office). The applicant must
submit a copy of the proposed plat to the Property
Appraiser's office in order for the tax assessment
information to be completed;
(2) Statement of Prepaid Tax Deposit and Lien Settlement
Requirements. (This form is also obtained and must be
submitted through the Orange County Property Appraiser's
office). The completed form and a receipt evidencing
payment is then submitted to the Engineering Department;
and
(3) Such other information as the City Engineer determines is
necessary to meet the applicable requirements of the Land
Development Code and Florida law; and
(G) All Property owners within 300 feet of the land which is the subject of the
proposed plat must be notified by mail at least seven (7) days prior to the date of
4
consideration of the proposed plat by the City Commission. The notice must
include the date, time and place at which the City Commission will consider the
proposed plat. No other public notice shall be required.
(H) Prior to taking action on the proposed plat, the City Commission shall call for
comments from the general public; however, a public hearing shall not be
required. Thereafter the City Commission shall approve, approve subject to
conditions, or disapprove the proposed plat. In disapproving any proposed plat,
the City Commission shall provide reasons for such action.
(I) Upon approval of the plat by the City Commission, the City Engineer shall be
responsible for the recording of the signed plat. Approval shall have the same
effect as if approved pursuant to Section 4-4 hereof.
(J) A Final Certificate of Concurrency shall not be required in connection with the
approval of a proposed plat pursuant to the Short Form Subdivision Plat Review
Process. However, such approval of a proposed plat shall not create any
exemption from compliance with the requirements of Article IX of this Code.
Approval of a proposed plat pursuant to the Short Form Subdivision Plat Review
Process shall not constitute a development order or permit or other authorization
to commence development under this Code. Unless exempt under Section 9-4(B)
of Article IX of this Code, a Final Certificate of Concurrency shall be required
prior to the issuance of a development order or permit or other authorization to
commence development on a lot platted pursuant to the Short Form Subdivision
Plan Review Process.
SECTION 3. Repeal of Subsection 6-2.A(13) of Article VI of Chapter 180.
Subsection 6-2.A(13) of Article VI of Chapter 180 of the Code of Ordinances of the City of
Ocoee is hereby repealed in its entirety.
SECTION 4. Renumbering of Subsection 6-2.A(14) of Article VI of Chapter
180. Subsection 6-2.A(14) of Article VI of Chapter 180 of the Code of Ordinances of the City
of Ocoee is hereby renumbered as Subsection 6-2.A(13) of Article VI of Chapter 180 of the
Code of Ordinances of the City of Ocoee.
5
SECTION 5. Enactment of a New Subsection 6-8.D of Article VI of Chapter
180. Article VI of Chapter 180 of the Code of Ordinances of the City of Ocoee is hereby
amended by the adoption of a new Subsection 6-8.D to read as follows:
D. Street lighting.
(1) Street lighting on both public and private streets shall be installed
by the developer in coordination with Florida Power Corporation and in
accordance with the requirements of this Code. All such street lighting must be
installed at the developer's expense contemporaneous with the construction of
subdivision road improvements and prior to issuance of a Certificate of
Completion. All such street lighting shall become operational no later than the
date of issuance of a Certificate of Completion. All utilities shall be installed
underground. The street lighting plan shall comply with all applicable Code
requirements and shall be subject to the approval of the City Engineer prior to
installation.
(2) Public Streets. The following provisions are applicable to street
lighting installed on public streets:
(i) The developer shall be responsible for the installation,
maintenance, repair, replacement and operational costs of street lighting
installed on public streets until the end of the calendar year in which the
City receives written notice from the developer that certificates of
occupancy have been issued for buildings constructed on seventy-five
percent (75%) of the lots in the subdivision which is the subject of the
Certificate of Completion which includes such street lighting. Beginning
with the calendar year following such notice, the City shall be responsible
for the maintenance, repair, replacement and operational costs of such
street lighting, except for specialized street lighting which is subject to a
separate agreement with the City as provided in Subsection 6-8.D(5)
below. The City shall assume responsibility as aforesaid only for standard
street lighting costs on public streets. The written notice from the
developer regarding issuance of certificates of occupancy is subject to
verification by the City for accuracy.
(ii) At the time of the pre-construction conference, the
developer shall (1) advise the City regarding the type of street lighting to
be installed, and (2) based upon the billing estimate received by the City
from Florida Power Corporation with respect to the proposed street
lighting, pre-pay to the City the street lighting costs (including charges
6
related to specialized street lighting, if applicable) for the first year (i.e.,
12 months) for all such street lighting installed on public streets and the
City shall use such funds for the payment of street lighting invoices
received from Florida Power Corporation. Thereafter, the City shall
annually invoice the developer in advance for said street lighting costs
until such time as the City receives written notice from the developer that
certificates of occupancy have been issued for seventy-five percent (75%)
of the lots in the subdivision as set forth above. If such invoice is not
paid when due, then the City shall discontinue the issuance of further
building permits for such subdivision until payment is made. The City
will forward any such future invoices to a homeowner's association upon
receipt of written notice from the developer that the responsibilities for the
payment of such invoice (including charges related to specialized street
lighting, if applicable) has been transferred to such association and
satisfactory evidence, in recordable form, indicating the homeowner's
association has agreed to assume such costs. Currently, the City does not
receive itemized Florida Power Corporation invoices for street lighting
installed on public streets and, therefore invoices to the developer or
association are based on estimated costs. The developer/association shall
not be entitled to a refund for prepaid street lighting costs incurred during
the calendar year in which the City receives written notice from the
developer that certificates of occupancy are issued for seventy-five percent
(75%) of the lots in the subdivision.
(iii) If a developer has installed specialized street lighting on a
public street, then in such event the developer, the applicable
homeowner's association and the City shall, prior to or at the time of
approval of the first plat, enter into an agreement acceptable to the City
which provides that commencing at the time the City becomes responsible
for the standard street lighting costs on such public street (as provided for
in Section 6-8.D(2)(i) above) the developer and/or the association shall
reimburse (and shall continue to reimburse) the City for the additional
costs above the standard street lighting costs thereafter incurred by the
City in connection therewith plus an administrative charge equal to ten
percent (10%) of the additional costs. Nothing contained herein shall be
construed to prevent the homeowner association from entering into such
agreement during the time it is controlled by the developer.
(iv) Notwithstanding the above provisions during the time the
developer is responsible for the costs of public street lighting, the City
may, at its option, arrange for direct billing by Florida Power Corporation
to a developer/homeowner's association for the costs of public street
lighting and in such event the procedures set forth in Subsections 6-
7
8.D(2)(ii)above regarding payments by the developer to the City shall not
be applicable.
(v) Any annual invoices for payment of public street lighting
shall be due and payable thirty (30) days from the date of such invoice.
Should payment not be received within said time frame, then such
invoices shall bear interest at the rate of eighteen percent (18%) per
annum until paid. If any such invoice remains unpaid for a period of
sixty (60) days, then the City may take any action deemed necessary in
order to collect such unpaid invoice, including but not limited to, the
retaining of the services of a collection agency or attorney, and initiating
legal proceedings for collection thereof. In such event, the City shall be
entitled to receive its reasonable attorney's fees, paralegal fees and other
costs and expenses, whether incurred prior to, during, or subsequent to
court proceedings or on appeal.
(3) Private Streets. The developer shall be responsible for the
installation, maintenance, repair, replacement and operational costs of street
lighting installed on private streets. The developer shall directly contract with
Florida Power Corporation regarding such street lighting. The obligations of the
developer under this subsection may be transferred to and assumed by the
applicable homeowner's association. The City shall have no responsibility for the
installation, maintenance, repair, replacement and operational costs of street
lighting installed on private streets.
SECTION 6. Repeal of Subsection 6-8.0 of Article VI of Chapter 180.
Subsection 6-8.0 of Article VI of Chapter 180 of the Code of Ordinances of the City of Ocoee
is hereby repealed in its entirety.
SECTION 7. Enactment of a New Subsection 6-8.0 of Article VI of Chapter
180. Article VI of Chapter 180 of the Code of Ordinances of the City of Ocoee is hereby
amended by the adoption of a new Subsection 6-8.0 to read as follows:
C. Other Utilities.
1. Utility lines of all kinds, including but not limited to those of franchised
utilities, electric power, telephone and telegraph, cable television, water,
wastewater, and gas, shall be constructed and installed beneath the surface of the
ground in the street right-of-way and/or a front yard utility easement within new
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residential subdivisions, unless it is determined by the City Engineer that soil,
topographical, or any other compelling conditions make the installation of such
utility lines as prescribed herein unreasonable or impracticable. This subsection
shall not be construed to require the conversion of any existing above ground
utility lines.
2. The underground installation of incidental appurtenances, such as
transformer boxes, pedestal-mounted service or terminal lines for electricity,
telephone and telegraph, cable television, or gas service, or similar service
hardware necessary for the provision of electric, telephone and telegraph, cable
television and gas service, shall not be required; provided, however, such
incidental appurtenances may be installed underground at no cost or expense to
the City.
3. If pedestal-mounted service or terminal boxes or similar hardware for
electric, telephone and telegraph, cable television and gas service are installed
aboveground on a residential lot which is less than seventy (70) feet in width
where the lot abuts the street right-of-way line (whether public or private), then
in such event the aforementioned aboveground hardware shall be located within
the side yard utility easement and forward of the front building setback line a
distance of no more than five (5) feet. The proposed subdivision shall include all
necessary easements for the location of such incidental appurtenances in
accordance with the provisions of this subsection. This subsection shall not be
applicable to any residential subdivision which is developed pursuant to a Final
Subdivision Plan approved prior to the effective date of this subsection. Further,
this subsection is not applicable to pad mounted transformers.
4. Belowground installation shall not normally be required for bulk electric
power supply lines and communication major feeder lines.
5. It shall be the developer's responsibility at the developer's expense, to
make the necessary arrangements with each utility in accordance with the utility's
established policies.
6. Nothing in this section shall be construed to prohibit any entity furnishing
utility service within the City of Ocoee from collecting, as a condition precedent
to the installation of service facilities, any fee, prepayment, or contribution to aid
in the cost of construction which may be required.
SECTION 8. Conflicts. All ordinances, resolutions, parts of ordinances or
parts of resolutions of the City of Ocoee in conflict herewith are hereby repealed and rescinded.
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SECTION 9. Severability. If any section, subsection, sentence, clause, phrase
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 affect the validity of the remaining portion hereto.
SECTION 10. Codification. It is the intention of the City Commission of the
City that the provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and
the word "ordinance" may be changed to "chapter", "section", "article", or such other
appropriate word or phrase in order to accomplish such intentions; and regardless of whether
such inclusion in the code is accomplished, sections of this Ordinance may be renumbered or
relettered and the correction of typographical errors which do not affect the intent may be
authorized by the City Manager, without need of public hearing, by filing a corrected or
recodified copy of same with the City Clerk.
SECTION 11. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 1995.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
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ADVERTISED June 11 , 1995
AND ADVERTISED June 22 , 1995
READ FIRST TIME June 20 , 1995
READ SECOND TIME AND ADOPTED
, 1995,
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of , 1995.- ..
FOLEY & LARDNER
By:
City Attorney
C:lWP51D0051000EUDC•REY.ORDI S/1&95I DEBBU3i I PER4h
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