A.

This article shall be effective within and pertains to that portion of Pine Tree Estates north of Holmberg Road attached hereto by reference.

B.

This article shall be effective within that portion of Pine Tree Estates south of Holmberg Road (as per the legal description in ordinance no. 19 of the city) which is in the south one-half of Sections 1 and 2 of Township 48 south and Range 41 east; except a rear drainage swale will not be required for lots adjacent to the West Canal. As used in this article, the term "lot" refers to all lots (as per the unrecorded plat of Pine Tree Estates) which are located within the above-described effective area of this chapter.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Editor's note— The attachment referenced in this section is not included herein but is available in the office of the city clerk.

As a condition precedent to the granting of any building permit, an applicant must submit for approval a drainage plan designed to effect a runoff of all surface water to the side and main drainage swales on applicant's lot in accordance with original Pine Tree Estates Swale and Drainage Plan. In effectuating a main drainage plan, clean fill, free of organic or foreign material, must be used; however, nothing herein shall be construed to prevent an owner from utilizing existing fill on his/her lot so long as said fill is not considered deleterious material or mucky so as to prevent proper water percolation. The city engineer shall have the authority to require said drainage plan to be signed and sealed by a State of Florida Professional Engineer if at the city's engineer's discretion said signature and seal are warranted, in which case plans shall be accompanied by applicable supporting calculations. These calculations and designs shall be in compliance with the South Florida Water Management District's Permit Information Manual as revised from time to time, Permit Critical Manual for Stormwater Management Regulations, standards and procedures for the Pine Tree Water Control District (PTWCD), and/or City of Parkland drainage standards as revised from time to time, whichever is more stringent. In addition, the city engineer may require any other documentation including, but not limited to, permits and licenses issued by any agency having jurisdiction.

Plans must be submitted to the Pine Tree Water Control District for review. A non-objection letter from the district must be provided to the city as a condition to obtain a building permit.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2016-20, § 2, 12-21-2016)

Editor's note— A copy of the Pine Tree Estates Drainage and Swale Plan as well as engineering standards for the Pine Tree Estates is available on the City of Parkland Engineering Department website.

A.

Dedication required. As a condition precedent to obtaining any building permit for any lot, or upon sale or transfer of any lot, an owner shall dedicate to the city such drainage easements as hereinafter required, and shall pay any special assessment certified against said owner's lot as hereinafter provided.

B.

Side lot line easement specifications. Side drainage easements, five (5) feet in width with minimum slopes of three-tenths (0.3) percent, extending from the side property lines of each lot, and running in an east and west direction (towards the main drainage swale at the rear of the lot) on both the north and south lot lines, with side slopes of four (4) to one (1) or flatter shall be required.

C.

Side lot line easements for corner lots. For corner lots, no side drainage easement will be required along any lot line adjacent to a street. If an owner wishes to construct one (1) residence on two (2) or more contiguous lots, then such combined lots shall be treated as one (1) lot for purposes of drainage plans and dedication of side drainage easements; however, no such combination of lots will affect the requirements for dedication of main drainage easements in respect to each lot (as per the unrecorded plat of Pine Tree Estates).

D.

Subdivision of lots. Any future subdivision of such combined lots shall be subject to dedication of additional side drainage easements as required.

E.

Rear lot line drainage easement specifications. A rear drainage and utility easement, seventeen and five-tenths (17.5) feet in width with minimum slopes of three-tenths (0.3) percent, extending from the rear property line of each lot, and running in a north and south direction along the rear property line, shall be required.

F.

City to obtain easements. The city shall seek to obtain the required easements either by dedication, condemnation or any other appropriate legal action. The city is authorized to expend the necessary funds to secure the necessary easements. All expenditures shall be ratable assessed as part of the project.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2016-20, § 2, 12-21-2016)

A.

Lot owner obligations.

1.

Each lot owner shall be responsible for constructing and maintaining his drainage swales in such condition so as to cause all surface water collecting on his lot to flow to the side swales and from there to the main drainage swale on his lot. The location, design and dimensions of the main drainage swales shall be in accordance with engineering plans to be approved by the city engineer.

2.

Each lot owner shall also be responsible for planting his drainage swales with grass seed or sod and maintaining the same in a mowed condition.

B.

Option for city to construct. The city at its sole discretion may choose to construct all or part of a main drainage swale and finance the costs in accordance with the provisions of F.S. ch. 170, or in any other manner permitted by law. Additional or unforeseen costs may be subsequently assessed and collected if the original cost estimate for a particular block was inadequate.

C.

Encroachments. No structures shall be located within drainage easements prior to obtaining city authorization in accordance with article 145, permits, fees and bonds.

D.

Failure of lot owner to maintain. In the event any lot owner does not properly maintain his swales in accordance herewith, such swales may be maintained by the city fifteen (15) days after posting notice in a conspicuous place on the subject property and/or mailing a copy thereof to the last known address of the lot owner, and the cost thereof paid by said owner. If the lot owner does not pay such cost within thirty (30) days after the date of billing by the city, the city shall have a lien for such cost which may be foreclosed against the lot owner in the same manner as other unpaid municipal liens.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2016-20, § 2, 12-21-2016)

A.

The top of the lowest slab (with plumbing) upon which the residence is built shall be in accordance with article 120, standards for flood hazard reduction, unless specified otherwise by the county health department.

B.

The top of any septic tank shall be located at an elevation no lower than twelve (12) inches below the elevation of the finished floor of the house slab, unless specified otherwise by the county health department.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

In addition to all other sections listed in this article, the city shall require an eight-inch deep (in relation to the crown of the road) street swale the width of the lot within the fifty-foot road easement adjacent to the pavement, prior to certificate of occupancy.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2016-20, § 2, 12-21-2016)

A.

No person shall drive or maintain any vehicle on, over or across the main drainage swales as defined in section 125-40, construction and maintenance of side and main drainage swales, except for authorized city-owned vehicles and normal lawn maintenance equipment owned by adjacent lot owners.

B.

Any person who violates the term, condition or provision of this section shall be liable upon conviction by a court of competent jurisdiction to a fine not to exceed five hundred dollars ($500.00) or by imprisonment not to exceed ninety (90) days, or both.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

The ordinance from which this article was derived shall become effective immediately upon enactment and shall apply equally to all lots, except that sections 125-20 and 125-50 shall not apply to any lot upon which construction of a residence has been commenced prior to December 7, 1977.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Any construction subsequently determined by the city to be necessary for the effective functioning of the drainage system on a particular block may be performed by the city and financed in accordance with the provisions of F.S. ch. 170.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Variance procedure. Requests for variances from the requirements of this article shall be processed and decided pursuant to article 55, relief and appeal procedures, except as otherwise provided in this section.

B.

Appeal procedure. Appeals of an administrative decision, where it is alleged there is an error in any requirement, decision, or determination made by the city in the enforcement or administration of this article, shall be processed pursuant to article 55, relief and appeal procedures, except as otherwise provided in this section.

C.

Considerations. In passing upon such applications, the deciding board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

1.

The danger that materials may be swept onto other lands to the injury of others;

2.

The danger to life and property due to flooding or erosion damage;

3.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

4.

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges;

5.

The adverse effect, if any, on other properties.

E.

Criteria for the granting of variances:

1.

A showing of good and sufficient cause;

2.

A determination that failure to grant the variance would result in exceptional hardship to the applicant;

3.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;

4.

A signed, sealed affidavit from a Florida-registered professional engineer, which states that the granting of said variance will not adversely affect drainage on the subject property and that no other property in the city will be adversely affected in any manner from the granting of the requested variance.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)