Ordinance 2009-319 - Laserfiche WebLink

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(a) An annual fee shall be established by resolution to be paid to the City by the depositor or purchaser for each transaction~, including a request to extend the time frame for withdrawals from TDR Bank. (b) The TDR Bank statement attached as Exhibit A to each City Commission resolution authorizing the TDRs and the deposit or withdrawal of development rights shall reflect approved sites and the units of TDRs attributable to each site. The TDR Bank Statement shall be amended administratively and dated time transfers are made in accordance with this section. (2) Time Limitations on private TDR transactions. All development rights from an approved privately owned sender sites conveyed to the City shall be deposited in the TDR Bank as provided in this subsection. Withdrawals of TDRs from the TDR Bank must occur no later than five years from the date of the City Commission action approving the applicable sending site in accordance with ~ 265-23C(3)(f) hereinabove unless the time-frame for withdrawals is extended by resolution. Each depositor at time of initial deposit shall execute a written waiver of its rights, if any, to assert any claim to those development rights except as specifically permitted by the terms of this section. All requirements of this section shall be met prior to the actual transfer (withdrawal) of development rights from the TDR Bank. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clause, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made a part of the code of the City of Sunny Isles Beach, Florida; and that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "ordinance" shall be changed to "section" or other appropriate word, as required. Section 5. Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed. Section 6. Effective Date. This Ordinance shall be effective ten (10) days after adoption on second reading. PASSED and ADOPTED on first reading the ~ day of ty) PtR.~H 2009. PASSED and ADOPTED on second reading the day of 2009. Words added underlined, words ~ deleted (ed) Page 2 of 3