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01-14-2021 VC REG-A with attachments VILLAGE OF NORTH PALM BEACH REGULAR SESSION AGENDA VILLAGE HALL COUNCIL CHAMBERS THURSDAY, JANUARY 14, 2021 501 U.S. HIGHWAY 1 7:30 PM Susan Bickel Mark Mullinix David B. Norris Darryl C. Aubrey Deborah Searcy Mayor Vice Mayor President Pro Tem Councilmember Councilmember Andrew D. Lukasik Leonard G. Rubin Jessica Green Village Manager Village Attorney Village Clerk In accordance with Palm Beach County Emergency Order Number 28, to the extent not in conflict with applicable laws, all individuals, businesses and establishments are required to adhere to all applicable social distancing guidelines issued by the Centers for Disease Control and Prevention ("CDC"). In order to reduce the spread of COVID-19, the CDC recommends that all persons continue to social distance by staying at least six feet away from other people who are not a part of their household in both indoor and outdoor spaces. Consequently, given the limited space within the Village Council Chambers, the Village of North Palm Beach shall utilize communications media technology to facilitate and encourage public participation in this meeting electronically, via internet access or telephone. The Village is physically reintroducing the public to its meetings while adhering to CDC guidelines. A limited number of members of the public – approximately 25 people -- will be able to participate in the Library’s Obert Room. Access to the Obert Room during the Council meeting will be on a first come, first served basis. INSTRUCTIONS TO JOIN MEETING ELECTRONICALLY To join meeting by computer (video & audio) click or type the following link in address bar: https://us02web.zoom.us/j/88168175419?pwd=U3BnTHhnTFF2UmV4MWxkRDZ2L3A5Zz09 Meeting ID: 881 6817 5419 Passcode: 721881 To join meeting by phone (voice only): 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 881 6817 5419 Passcode: 721881 Public Comments: Public comments can be submitted by filling out the public comment form that can be accessed by clicking the following link Public Comment Form. Public comments can also be made by leaving a voice message at 561-904-2126. All public comments will be read into the record at the Public Comment portion of the meeting. Regular Session Agenda, January 14, 2021 Page 2 of 3 ROLL CALL INVOCATION - VICE MAYOR PLEDGE OF ALLEGIANCE - MAYOR AWARDS AND RECOGNITION APPROVAL OF MINUTES 1. Minutes of the Regular Session held December 10, 2020 COUNCIL BUSINESS MATTERS STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS Members of the public may address the Council concerning items on the Consent Agenda or any non agenda item under Statements from the Public. Time Limit: 3 minutes Members of the public who wish to speak on any item listed on the Regular Session or Workshop Session Agenda will be called on when the issue comes up for discussion. Time Limit: 3 minutes Anyone wishing to speak should complete a Public Comment Card and submit it to the Village Clerk prior to the beginning of the meeting. DECLARATION OF EX PARTE COMMUNICATIONS PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS 2. 1ST READING OF ORDINANCE 2021-02 – CODE AMENDMENT – BUILDINGS AND BUILDING REGULATIONS Consider a motion to adopt on first reading Ordinance 2021-02 amending Chapter 6, "Buildings and Building Regulations", Section 6-17, "Codes Adopted" of the Village Code of Ordinances to recognize the Adoption of Administrative Amendments to Chapter 1 of the 2020 Florida Building Code and Adopting the Administrative Amendments. 3. PUBLIC HEARING AND 2ND READING OF ORDINANCE 2021-01 - CODE AMENDMENT – BOATS AND RECREATIONAL VEHICLES Consider a motion to adopt and enact on second reading Ordinance 2021-01 amending Article III, “Stopping, Standing and Parking,” of Chapter 18, “Motor Vehicles,” of the Village Code of Ordinances by Amending Section 18-35, “Boats and Boat Trailers; Parking on Residential Property Restricted in the R-1 and R-2 Residential Zoning Districts,” and Section 18-35.1, “Recreational Vehicles and Trailers; Parking on Residential Property Restricted in R-1 and R-2 Zoning Districts,” to modify the loading and screening requirements, allow for periodic utility connections for maintenance, eliminate the Special Exception Process and provide for a new Dimensional Exception Process. CONSENT AGENDA The Consent Agenda is for the purpose of expediting issues of a routine or pro -forma nature. Councilmembers may remove any item from the Consent Agenda, which would automatically convey that item to the Regular Agenda for separate discussion and vote. 4. MOTION to waive the residency requirement for Planning Commission member Lori Rainaldi. 5. RESOLUTION – Approving an Agreement for Medical Director Services with Rolando Cabrera, D.O. at an annual cost of $14,400; and authorizing execution of the Agreement. 6. RESOLUTION – Approving an updated Interlocal Agreement with the Solid Waste Authority of Palm Beach County for the delivery of solid waste to designated facilities and for a Municipal Revenue Sharing Recycling Program; and authorizing execution of the Agreement. Regular Session Agenda, January 14, 2021 Page 3 of 3 7. RESOLUTION – Approving an Interlocal Agreement with Palm Beach County for Building Permit Services for a parcel of property immediately west of 2231 Canal Road; and authorizing execution of the Agreement. 8. Receive for file Minutes of the Planning Commission meeting held 11/10/20. 9. Receive for file Minutes of the Recreation Advisory Board meeting held 11/10/20. 10. Receive for file Minutes of the Golf Advisory Board meeting held 11/16/20. OTHER VILLAGE BUSINESS MATTERS 11. RESOLUTION – SECOND AMENDMENT TO GOLF COURSE MAINTENANCE CONTRACT Consider a motion to adopt a proposed resolution approving a Second Amendment to the Golf Course Maintenance Contract with BrightView Golf Maintenance, Inc. for an Enhanced Foliar Program for an additional year at a cost not to exceed $47,845; and authorizing execution of the Second Amendment. 12. RESOLUTION – WEST ALLEYWAY PAVEMENT REHABILITATION PROJECT Consider a motion to adopt a proposed resolution approving a Contract Award to Florida Blacktop, Inc. for the West Alleyway Pavement Rehabilitation Project in the amount of $321,857.39; and authorizing execution of the Contract. COUNCIL AND ADMINISTRATION MATTERS MAYOR AND COUNCIL MATTERS/REPORTS VILLAGE MANAGER MATTERS/REPORTS 13. DISCUSSION – Pedestrian Amenities for U.S. Highway 1 Bridge REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS) ADJOURNMENT If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Counci l meeting, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date. This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda. DRAFT MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA DECEMBER 10, 2020 Present: Susan Bickel., Mayor Mark Mullinix, Vice Mayor David B. Norris, President Pro Tem Darryl C. Aubrey, Sc.D., Councilmember Deborah Searcy, Councilmember Andrew D. Lukasik, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk ROLL CALL Vice Mayor Mullinix called the meeting to order at 7:30 p.m. All members of Council were physically present except for Mayor Bickel who attended the meeting virtually. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Mullinix gave the invocation and President Pro Tem Norris led the public in the Pledge. Mayor Bickel addressed the public and stated that she was attending by virtual means since she was diagnosed with and recovering from Covid-19. APPROVAL OF MINUTES The Minutes of the Regular Session held November 12, 2020 were approved as written. STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS Vice Mayor Mullinix read into the record a public comment received from Nicole Roesch, 2923 Hinda Road. In her comment, Ms. Roesch expressed her concerns regarding the proposed Planned Unit Development at the northeast corner of Richard Road and Alternate A1A. Ms. Rosech’s concerns were pollution to wild life and limiting healthy food choices for residents. Vice Mayor Mullinix read into the record a public comment received from Joan Parsons, 821 Dogwood Road. In her comment, Ms. Parsons expressed concern that her late husband, Kelly Parsons did not receive recognition for his years of service to the Village. These residents addressed the Council regarding their concerns about the proposed Planned Unit Development at the northeast corner of Richard Road and Alternate A1A: Karen Phillips, 2720 Hinda Road Gene Gatyas, 2885 Hinda Road James Jarvis, 2720 Hinda Road Theresa Cleary, 2781 Hinda Road Aaron Jarvis, 2720 Hinda Road Lauren Jarvis, 2720 Hinda Road Draft Minutes of Village Council Meeting held December 10, 2020 Page 2 of 10 ORDINANCE 2020-28 CODE AMENDMENT – BOATS AND RECREATIONAL VEHICLES A motion was made by Councilmember Aubrey and seconded by Councilmember Searcy to adopt on first reading Ordinance 2020-28 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AMENDING ARTICLE III, “STOPPING, STANDING AND PARKING,” OF CHAPTER 18, “MOTOR VEHICLES,” OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 18-35, “BOATS AND BOAT TRAILERS; PARKING ON RESIDENTIAL PROPERTY RESTRICTED IN THE R-1 AND R-2 RESIDENTIAL ZONING DISTRICTS,” AND SECTION 18-35.1, “RECREATIONAL VEHICLES AND TRAILERS; PARKING ON RESIDENTIAL PROPERTY RESTRICTED IN R-1 AND R-2 ZONING DISTRICTS,” TO MODIFY THE LOADING AND SCREENING REQUIREMENTS, ALLOW FOR PERIODIC UTILITY CONNECTIONS FOR MAINTENANCE, ELIMINATE THE SPECIAL EXCEPTION PROCESS AND PROVIDE FOR A NEW DIMENSIONAL EXCEPTION PROCESS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik gave a presentation that explained the revisions to the boat and recreational vehicles ordinance. Mr. Lukasik discussed and explained that the amendments would afford current equipment owners with flexible standards to store their equipment, avoid negative impacts of storing large equipment in the setbacks to adjacent properties and grandfather existing residents with equipment who adhere to historic standards for height and length of equipment. Mr. Lukasik discussed and explained the changes to the ordinance which included a Dimensional Exception process, modified screening standards and increased loading and unloading time, restoration of past utility connection regulations. There were no changes to the tie down requirements. There was no change to the height and length requirements for boats. Height and length of recreational vehicles would remain at historical 10’ height and 30’ length. Boats and recreational vehicles measuring more than the height requirements would be able to apply for a Dimensional Exception. Mr. Lukasik reviewed the Dimensional Exception criteria and process. Mr. Lukasik reviewed the proposed amendments to the screening requirements which included permitting screening of equipment by use of existing landscaping on adjacent properties, exempting mechanical equipment on top of a recreational vehicle, changing “opaque” to “90% opaque”, eliminating the full screening requirement at ingress/egress and require no less than a 6’ gate up to 20’wide. Mr. Lukasik reviewed and explained the proposed amendments to parking in the front yard and utility connections which included 24 hours for loading and unloading, limiting parking to 4 times in a 14- day period and allowing utility connections periodically to maintain equipment. Vice Mayor Mullinix read into the record a public comment received from Kathy Baummier, 909 Eucalyptus Road. In her comment, Ms. Baummier expressed concern with the proposed amendments to the boats and recreational vehicles ordinance. Ms. Baummier was concerned with the size restrictions and grandfathering for existing recreational vehicle owners. Mr. Lukasik stated that the line of sight language which was originally proposed to be eliminated from the code would be inserted back into the code. Discussion ensued between the Councilmembers regarding the proposed amendments to the boat and recreational vehicles ordinance. Draft Minutes of Village Council Meeting held December 10, 2020 Page 3 of 10 ORDINANCE 2020-28 CODE AMENDMENT – BOATS AND RECREATIONAL VEHICLES continued Thereafter, the motion to adopt on first reading Ordinance 2020-28 passed 4 to 1 with Vice Mayor Mullinix voting nay. PUBLIC HEARING AND SECOND READINIG OF ORDINANCE 2020-22 CODE AMENDMENT – GENERAL EMPLOYEE RETIREMENT FUND A motion was made by President Pro Tem Norris and seconded by Councilmember Searcy to adopt and enact on second reading Ordinance 2020-22 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 2, “ADMINISTRATION,” ARTICLE V, “PENSIONS AND RETIREMENT SYSTEMS,” DIVISION 3, “PENSION AND CERTAIN OTHER BENEFITS FOR GENERAL EMPLOYEES,” OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2-146.1, “CREATION OF PLAN AND TRUST,” TO PROVIDE FOR THE ADOPTION OF A POLICY TO MAINTAIN THE TAX QUALIFIED STATUS OF THE PLAN AND SECTION 156, “MISCELLANEOUS,” TO INCREASE THE REQUIRED MINIMUM DISTRIBUTION AGE FROM SEVENTY AND ONE-HALF TO SEVENTY-TWO; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained the reason for the ordinance. Mr. Rubin stated that the plan needed to be amended in order to implement recent amendments to the Internal Revenue Code relating to minimum distribution age. Thereafter, the motion to adopt and enact on second reading Ordinance 2020-22 passed unanimously. PUBLIC HEARING AND SECOND READING OF ORDINANCES – REZONING COMMERCIAL PROPERTIES ORDINANCE 2020-23 A motion was made by President Pro Tem Norris and seconded by Councilmember Aubrey to adopt and enact on second reading Ordinance 2020-23 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING EIGHT PARCELS OF PROPERTY LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD EAST OF LAKE CIRCLE AND WEST OF SOUTHWIND DRIVE TOTALING APPROXIMATELY 2.668 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO THE C-NB NORTHLAKE BOULEVARD COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Draft Minutes of Village Council Meeting held December 10, 2020 Page 4 of 10 ORDINANCE 2020-24 A motion was made by Councilmember Searcy and seconded by President Pro Tem Norris to adopt and enact on second Ordinance 2020-24 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING TWENTY PARCELS OF PROPERTY LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD EAST OF SOUTHWIND DRIVE AND WEST OF U.S. HIGHWAY ONE TOTALING APPROXIMATELY 16.312 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO THE C-NB NORTHLAKE BOULEVARD COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE 2020-25 A motion was made by Councilmember Aubrey and seconded by Councilmember Searcy to adopt and enact on second reading Ordinance 2020-25 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF PROPERTY LOCATED ON THE NORTH SIDE OF YACHT CLUB DRIVE WEST OF U.S. HIGHWAY ONE (1037 MARINA DRIVE) TOTALING APPROXIMATELY 11.80 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1A LIMITED COMMERCIAL DISTRICT TO THE C-S SHOPPING COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE 2020-26 A motion was made by President Pro Tem Norris and seconded by Councilmember Aubrey to adopt on first reading Ordinance 2020-26 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A VACANT PARCEL OF PROPERTY LOCATED ON THE EAST SIDE OF U.S. HIGHWAY ONE SOUTH OF YACHT CLUB DRIVE (872 U.S. HIGHWAY ONE) TOTALING APPROXIMATELY 1.20 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1A LIMITED COMMERCIAL DISTRICT TO THE C-MU US-1 MIXED USE DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained that there were four remaining re-zonings necessary to implement the new land development regulations. Mr. Rubin stated that two of the re-zonings were larger than 10 acres and required special noticing, one of the re-zonings needed to have confirmation of its current zoning classification. Thereafter, the motions to adopt and enact on second reading Ordinances 2020-23 through 2020- 26 passed unanimously. Draft Minutes of Village Council Meeting held December 10, 2020 Page 5 of 10 PUBLIC HEARING AND SECOND READING OF ORDINANCE 2020-27 CODE AMENDMENT – CREATING A PLANNED UNIT DEVELOPMENT A motion was made by President Pro Tem Norris and seconded by Councilmember Searcy to postpone the public hearing and second reading of Ordinance 2020-27 to the Council meeting scheduled for January 28, 2021. Thereafter, the motion to postpone the public hearing and second reading of Ordinance 2020-27 to the Council meeting scheduled for January 28, 2021 passed unanimously. CONSENT AGENDA Councilmember Searcy moved to approve the Consent Agenda. President Pro Tem Norris seconded the motion which passed unanimously. The following items were approved: Motion to grant a merit increase of 4.5% to the Village Clerk based upon the averaged score of the performance evaluations and directing Village to process same. Resolution – Approving a Contract with Synovia Solutions LLC for GPS Fleet Management Services for a three-year term at a total annual cost of $10.218.36 ($30,655.08 over the term of the Contract); and authorizing the Village Manager to execute the Contract. Resolution – Approving a blanket purchase order with Flying Scot, Inc. in an amount not to exceed $50,000 for sidewalk removal and replacement. Resolution – Approving an Interlocal Agreement with Palm Beach County for Participation in the Municipal CARES Act Reimbursement Program; and authorizing execution of the Agreement. Resolution – Amending Resolution 2020-17 and modifying the Deputy Police Chief’s compensation. Resolution – Approving an Assignment of the Legal Services Agreement with Leonard G. Rubin, P.A. and Torcivia, Donlon & Goddeau, P.A. to Torcivia, Donlon, Goddeau & Rubin, P.A.; and authorizing execution of the Assignment. Receive for file Minutes of the Planning Commission meeting held 10/6/20. Receive for file Minutes of the Recreation Advisory Board meeting held 10/13/20. Receive for file Minutes of the Environmental Committee meeting held 10/19/20. Receive for file Minutes of the Environmental Committee meeting held 11/23/20. Receive for file Minutes of the Library Advisory Board meeting held 11/24/20. RESOLUTION 2020-83 – ELECTION SERVICES AGREEMENT A motion was made by Councilmember Searcy and seconded by Councilmember Aubrey to adopt Resolution 2020-83 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AGREEMENT FOR VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES WITH THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Draft Minutes of Village Council Meeting held December 10, 2020 Page 6 of 10 RESOLUTION 2020-83 – ELECTION SERVICES AGREEMENT continued Village Clerk Jessica Green explained that the Election Services Agreement presented by the Supervisor of Elections provided the option of either not utilizing vote-by-mail services or to pay the Supervisor of Elections for vote-by-mail services. Mrs. Green also gave an estimated cost for the 2021 Municipal Election based on the example of fees that were provided by the Supervisor of Elections. Mrs. Green explained that there may be additional costs such as printing rush fees and staff overtime to the Village for the 2021 election due to the timing of its qualifying period which ends on January 12, 2021. The Supervisor of Elections did not provide an estimation of the additional costs. The Council came to consensus and chose the option of utilizing and paying the Supervisor of Elections for vote-by-mail services in the 2021 Municipal Election Services Agreement. Thereafter, the motion to adopt Resolution 2020-83 passed unanimously. RESOLUTION – SUBMITTING TO REFERENDUM A STRAW POLL ON THE MARCH GENERAL ELECTION BALLOT A motion was made by President Pro Tem Norris and seconded by Councilmember Aubrey to approve a Resolution entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, SUBMITTING TO REFERENDUM ON THE MARCH GENERAL ELECTION BALLOT A STRAW POLL ON THE U.S. HIGHWAY ONE LANE REPURPOSING PROJECT; PROVIDING FOR THE FORM OF THE QUESTION; PROVIDING FOR A BALLOT TITLE AND EXPLANATORY STATEMENT; PROVIDING FOR ADVERTISING; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Mullinix read into the record a public comment received from Jonathan Haigh, 401 Flotilla Road. In his comment, Mr. Haigh recommended that Council support the U.S. Highway 1 Lane Repurposing Project and to not allow the issue to go to referendum as a non-binding straw poll. Vice Mayor Mullinix read into the record a public comment received from Marshall Gillespie, 731 Buoy Road. In his comment, Mr. Gillespie expressed his support of the U.S. Highway 1 Lane Repurposing Project and recommended not sending the issue to referendum. Vice Mayor Mullinix read into the record a public comment received from Nathan Kennedy, 828 Anchorage Drive. In his comment, Mr. Kennedy expressed his concerns on sending the U.S. Highway 1 Lane Repurposing Project out to referendum and recommended moving forward with the lane repurposing of U.S. Highway 1. Vice Mayor Mullinix read into the record a public comment received from Meghan Hurley, 628 Kingfish Road. In her comment, Ms. Hurley expressed her concerns on sending the U.S. Highway 1 Lane Repurposing Project out to referendum and recommended moving forward with the lane repurposing of U.S. Highway 1. Draft Minutes of Village Council Meeting held December 10, 2020 Page 7 of 10 RESOLUTION – SUBMITTING TO REFERENDUM A STRAW POLL ON THE MARCH GENERAL ELECTION BALLOT continued Vice Mayor Mullinix read into the record a public comment received from Donald Solodar, 100 Lakeshore Drive. In his comment, Mr. Solodar expressed his support for placing a non-binding straw poll referendum question on the March election ballot for the U.S. Highway 1 Lane Repurposing Project. Mr. McLeskey of 112 Nativa Circle expressed his concerns with the U.S. Highway 1 Lane Repurposing Project. John Frerking, 130 Cruiser Road South, expressed his concerns with how the public has been informed about the U.S. Highway 1 Lane Repurposing Project. Mr. Frerking gave recommendations on how the public should be informed about the project. Councilmember Aubrey recommended using a better education process for the public to be informed about the U.S. Highway 1 Lane Repurposing Project. President Pro Tem Norris recommended delaying the project if possible so that Council and the public can make an informed decision. Discussion ensued between Council regarding the proposed U.S. Highway 1 Lane Repurposing Project and whether to have a straw poll referendum placed on the March election ballot. Thereafter, the motion to adopt the Resolution failed 4 to 1 with Mayor Bickel, President Pro Tem Norris, Councilmember Aubrey and Councilmember Searcy voting nay and Vice Mayor Mullinix voting aye. RESOLUTION 2020-84 – INTENT TO UTILIZE THE UNIFORM METHOD FOR COLLECTING NON-AD VALOREM ASSESSMENTS TO LEVY STORMWATER UTILITY FEES A motion was made by Councilmember Searcy and seconded by Councilmember Aubrey to adopt Resolution 2020-84 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, STATING THE VILLAGE’S INTENTION TO USE THE UNIFORM METHOD OF COLLECTION FOR THE NON-AD VALOREM ASSESSMENTS TO BE LEVIED BY THE VILLAGE FOR THE COLLECTION OF STORMWATER UTILITY FEES PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, BY COLLECTING THE ANNUAL SPECIAL ASSESSMENTS THROUGH THE ANNUAL TAX BILL OF THE PALM BEACH COUNTY TAX COLLECTOR; STATING THE NEED FOR THE LEVY OF THE ASSESSMENT; PROVIDING A LEGAL DESCRIPTION OF THE BOUNDARIES OF THE REAL PROPERTY SUBJECT TO THE LEVY; PROVIDING FOR MAILING OF A COPY OF THIS RESOLUTION TO THE PALM BEACH COUNTY PROPERTY APPRAISER, THE PALM BEACH COUNTY TAX COLLECTOR, AND THE STATE OF FLORIDA DEPARTMENT OF REVENUE; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Draft Minutes of Village Council Meeting held December 10, 2020 Page 8 of 10 RESOLUTION 2020-84 – INTENT TO UTILIZE THE UNIFORM METHOD FOR COLLECTING NON-AD VALOREM ASSESSMENTS TO LEVY STORMWATER UTILITY FEES continued Public Works Director Steven Hallock discussed and explained the history and purpose behind the resolution. Mr. Hallock explained the necessity for the establishment of a stormwater fee structure to fund stormwater activities and improvements within the Village. Rob Taylor from Hazen & Sawyer, P.C. gave a presentation that reviewed fee structure and billing alternatives for stormwater utility fees. Thereafter, the motion to adopt Resolution 2020-84 passed unanimously. RESOLUTION 2020-85 – CODE ENFORCEMENT LIEN FORECLOSURE SERVICES CONTRACT A motion was made by Councilmember Searcy and seconded by Councilmember Aubrey to adopt Resolution 2020-85 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A FEE CONTRACT WITH THE LAW FIRM OF GOREN, CHEROF, DOODY & EZROL, P.A. FOR CODE ENFORCEMENT LIEN FORECLOSURES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained that the Village had approximately 3.8 million dollars in outstanding Code Enforcement Liens. The Village has not been aggressive in foreclosing on properties with liens. The Village would focus on foreclosing on commercial properties since it is legally prohibited to foreclose on residential homestead properties. Mr. Rubin stated that the Law Firm of Goren, Cherof, Doody and Ezrol, P.A. previously represented the Village in labor matters and is offering a very reasonable rate for providing foreclosure services. Discussion ensued between Council, Mr. Rubin and staff regarding foreclosing properties within the Village. Thereafter, the motion to adopt Resolution 2020-85 passed unanimously. RESOLUTION 2020-86 – AMENDMENT TO CRYSTAL COVE COMMONS COMMERCIAL PLANNED UNIT A motion was made by Councilmember Searcy and seconded by Councilmember Aubrey to adopt Resolution 2020-86 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A MINOR AMENDMENT TO THE CRYSTAL COVE COMMONS COMMERCIAL PLANNED UNIT DEVELOPMENT TO ALLOW FOR METES AND BOUNDS SUBDIVISION OF THE PROPERTY INTO THREE PARCELS AND PROVIDE FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Draft Minutes of Village Council Meeting held December 10, 2020 Page 9 of 10 RESOLUTION 2020-86 – AMENDMENT TO CRYSTAL COVE COMMONS COMMERCIAL PLANNED UNIT continued Community Development Director Jeremy Hubsch stated that the applicant, Pearland RJR LLC was seeking approval to subdivide the property into three separate parcels via metes and bounds subdivision. Attorney Rubin explained that the subdivision proposes to create Parcel 1 which would be comprised of the one-story retail building that is located between Golfview Road and US Highway 1, along with most of the surface parking adjacent to US Highway 1; Parcel 2 which would consist of the Cod & Capers building and immediately adjacent surface parking along US Highway 1, and Parcel 3 which would include the four-story office building, parking garage, and surface parking located adjacent to the back corner of the property between Golfview Road and McLaren Road. Mr. Rubin stated that there were three conditions in the proposed resolution. The conditions were to provide a Unity of Control document for the Village Attorney and the Community Development Director approval prior to conveying any of the parcels to a third party, requirement of joint maintenance by all property owners of common areas and reciprocal easements and that any modifications to the CPUD be done with the consent of all property owners making them jointly liable for any violations of the CPUD conditions of approval or violations of the Village Code relating to the common areas. President Pro Tem Norris declared a voting conflict and did not participate in the discussion or vote. Mayor Bickel expressed concerns over subdividing the property and the possible ramifications. Discussion ensued between Council, Mr. Rubin and staff regarding the proposed subdivision. Simeon Davis, on behalf of the property owners, stated that the proposed subdivision would better facilitate the Village’s implementation of their Master Plan. Thereafter, the motion to adopt Resolution 2020-86 passed 4 to 0. MAYOR AND COUNCIL MATTERS/REPORTS Councilmember Aubrey recommended changing the Village code to allow the Mayor the ability to secede in the event of a state of emergency. Mayo r Bickel recommended keeping a councilmember in the position of Mayor for two years instead of one, especially during a large project such as the new clubhouse. Vice Mayor Mullinix stated that any of the councilmembers who were sitting in the position of Vice Mayor or President Pro Tem would be qualified and sufficient to step into the position of Mayor in the event of an emergency. Vice Mayor Mullinix stated that he did not recommend changing that tradition. President Pro Tem Norris agreed with keeping tradition with regards to secession of the Mayor in event of an emergency, but would consider changing the tradition. Councilmember Searcy recommended creating a process for secession of the Mayor in the event of an emergency. Draft Minutes of Village Council Meeting held December 10, 2020 Page 10 of 10 MAYOR AND COUNCIL MATTERS/REPORTS continued Councilmember Aubrey stated that he had received complaints from residents regarding the parking of unmarked or unnamed utility trailers in driveways 24 hours, 7 days a week. Councilmember Aubrey recommended revisiting and revising the Village code with regards to those types of utility trailers. Councilmember Searcy expressed congratulations for the Country Club and Golf Course being designated as a destination in BoardRoom magazine and to Farmer’s Table for being considered a Golden Spoon restaurant in the State of Florida. Councilmember Searcy commended Village staff for continuing to provide excellent service and being innovative through the Covid-19 pandemic. President Pro Tem Norris recognized the holiday lighting and decorations throughout the Village and also commended and thanked Village staff for their hard work and dedication through the Covid-19 pandemic. Mayor Bickel stated that the City of Riviera Beach had begun efforts to remove derelict boats from the Intracoastal Waterway. Mayor Bickel recommended the Village research the possibility of having managed mooring fields in its waterway to prevent transient and derelict boats and to protect the Village’s waters. Mayor Bickel requested that the Waterways Board research the process and implementation of managed mooring fields. Attorney Rubin stated that prevention of transient and derelict boats could only be done within mooring fields and that he would research the process and inform Council of his findings. Vice Mayor Mullinix wished Pat Friedman a Happy Birthday and requested a letter of commendation for Jack and Barbara Nicklaus. Vice Mayor Mullinix thanked Fire Chief J.D. Armstrong and the Fire Rescue Department for their assistance with his mother who had recently experienced a heart attack. Vice Mayor Mullinix that his mother was doing well and recovering after having surgery. Vice Mayor Mullinix wished everyone a Happy Hanukah and Merry Christmas. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:49 p.m. VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Wayne Cameron, CBO, CFM, Building Official DATE: January 14, 2021 SUBJECT: ORDINANCE 1st Reading – Amending Chapter 6 of the Village Code of Ordinances to recognize the adoption of Administrative Amendments to Chapter 1 of the 2020 Florida Building Code and adopting the Administrative Amendments. Community Development Staff is recommending an amendment to Chapter 6 of the Village’s Code of Ordinances, “Buildings and Building Regulations,” to recognize the adoption of Administrative Amendments to Chapter 1 of the 7th (2020) Edition of the Florida Building Code and the formal adoption of the Amendments by the Village. The 2020 Edition of the Florida Building Code became effective throughout the State of Florida on December 31, 2020. The Florida Building Code is revised every three (3) years by the State, and the Code establishes the minimum construction standards for buildings and structures with the purpose of protecting the public health, safety and general welfare. Municipalities and units of government throughout the State maintain the ability to supplement Chapter 1 of the Florida Building Code with local amendments that provide greater specificity to the Florida Building Code. These amendments typically create local administrative regulations and requirements, such as enforcement mechanisms and procedures for interpretations and appeals. The proposed Administrative Amendments were developed by the Palm Beach County Building Code Advisory Board (BCAB) as a template for local governments within the County to better address local regulations and requirements. The Village's Building Official, Wayne Cameron, served on the Advisory Board Subcommittee to develop the proposed the revisions to Chapter 1 of the new Florida Building Code. The proposed Administrative Amendments to the 7th (2020) Edition of the Florida Building Code, include amendments and clarifications to the following construction standards:  Roofing  Energy  Fire  Plumbing  Electrical  Mechanical  Code Administration  Special Occupancy  Product Approval  Accessibility There is no fiscal impact Recommendation: Village Staff recommends approval on first reading of the attached Ordinance amending Section 6-17 of the Village Code of Ordinances to recognize the adoption of Administrative Amendments to Chapter 1 of the 7th (2020) Edition of the Florida Building Code and adopting the Administrative Amendments as authorized by state statute. Page 1 of 2 ORDINANCE NO. 2021-___ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3 PALM BEACH, FLORIDA, AMENDING CHAPTER 6, “BUILDINGS AND 4 BUILDING REGULATIONS,” ARTICLE II, “MINIMUM CONSTRUCTION 5 STANDARDS,” SECTION 6-17, “CODES ADOPTED,” TO RECOGNIZE THE 6 ADOPTION OF ADMINISTRATIVE AMENDMENTS TO CHAPTER 1 OF THE 7 FLORIDA BUILDING; ADOPTING ADMINISTRATIVE AMENDMENTS TO 8 THE 7TH (2020) EDITION OF THE FLORIDA BUILDING CODE; PROVIDING 9 FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR 10 CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, pursuant to Chapter 553, Florida Statutes, all construction and related activities 13 occurring within the Village are now governed by the 7th (2020) Edition of the Florida Building Code; 14 and 15 16 WHEREAS, Section 553.73(4)(a), Florida Statutes, authorizes units of local government to adopt 17 amendments to the administrative provisions (Chapter 1) of the Florida Building Code; and 18 19 WHEREAS, the Village Council wishes to amend Section 6-17 of the Village Code of Ordinances to 20 recognize the adoption of administrative amendments and to formally adopt the administrative 21 amendments as authorized by state statute; and 22 23 WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best interests 24 of the residents and citizens of the Village of North Palm Beach. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 27 NORTH PALM BEACH, FLORIDA as follows: 28 29 Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 30 31 Section 2. The Village Council hereby amends Chapter 6, “Buildings and Building Regulations,” 32 Article II, “Minimum Construction Standards,” of the Village Code of Ordinances by amending 33 section 6-17 to read as follows (additional language is underlined and deleted language is stricken 34 through): 35 36 Sec. 6-17. Codes adopted. 37 38 (a) The Florida Building Code, as developed by the Florida Building 39 Commission and adopted by state statute, is hereby adopted and incorporated herein 40 as the minimum construction standards for the Village of North Palm Beach, Florida. 41 The department of community development shall be substituted for building 42 department in the adopted code. 43 44 (b) The village has amended and supplemented Chapter 1 of the Florida 45 Building Code through the adoption of administrative amendments. A copy of these 46 administrative amendments shall be kept on file in the department of community 47 Page 2 of 2 development and shall be available for review and inspection by members of the 1 public. 2 3 Section 3. The Village Council hereby adopts administrative amendments to Chapter 1 of the 7th 4 (2020) Edition of the Florida Building Code, a copy of which are attached hereto and incorporated 5 herein by reference. 6 7 Section 4. The provisions of Section 2 of this Ordinance shall become and be made a part of the 8 Code of the Village of North Palm Beach, Florida. 9 10 Section 5. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any 11 reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such 12 holding shall not affect the remainder of this Ordinance. 13 14 Section 6. All ordinances or resolutions or parts of ordinances or resolutions in conflict with the 15 with the provisions of this Ordinance are hereby repealed to the extent of such conflict. 16 17 Section 12. This Ordinance shall become effective immediately upon adoption. 18 19 20 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2021. 21 22 PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF ___________, 23 2021. 24 25 26 (Village Seal) 27 MAYOR 28 29 30 ATTEST: 31 32 33 VILLAGE CLERK 34 35 APPROVED AS TO FORM AND 36 LEGAL SUFFICIENCY: 37 38 39 VILLAGE ATTORNEY 40 Page 1 of 46 VILLAGE OF NORTH PALM BEACH ADMINISTRATIVE AMENDMENTS TO CHAPTER ONE OF THE FLORIDA BUILDING CODE 7TH EDITION (2020) Chapter 1 Scope and Administration PART 1—SCOPE AND APPLICATION SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Florida Building Code, hereinafter referred to as “this code.” 101.2 Scope. The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. Exception: 1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height, shall comply with the Florida Building Code, Residential. 2. Code Requirements that address snow loads and earthquake protection are pervasive; they are left in place but shall not be utilized or enforced because Florida has no snow load or earthquake threat. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. 101.2.2 Florida Building Code, Residential Construction standards or practices which are not covered by Florida Building Code, Residential volume shall be in accordance with the provisions of Florida Building Code, Building. 101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. 101.3.1 Quality control. Quality control of materials and workmanship is not within the purview of this code except as it relates to the purposes stated herein. Page 2 of 46 101.3.2 Warranty and Liability. The permitting, plan review or inspection of any building, system or plan by this jurisdiction, under the requirements of this code, shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. This jurisdiction shall not be liable in tort for damages or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting. Further, no employee shall be liable in tort for damage from such conditions, in accordance with Section 768.28 Florida Statutes, as may be amended or replaced. 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.11and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. 101.4.1 Gas. The provisions of the Florida Building Code, Fuel Gas shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. 101.4.2 Mechanical. The provisions of the Florida Building Code, Mechanical shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems. 101.4.3 Plumbing. The provisions of the Florida Building Code, Plumbing shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. 101.4.4 Property maintenance. The provisions of Article I, Chapter 15 of the Village of North Palm Beach Code of Ordinances shall apply to all matters governing property maintenance. 101.4.5 Fire prevention. For provisions related to fire prevention, refer to the Florida Fire Prevention Code. The Florida Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 101.4.6 Energy. The provisions of the Florida Building Code, Energy Conservation shall apply to all matters governing the design and construction of buildings for energy efficiency. 101.4.7 Existing buildings. The provisions of the Florida Existing Building Code shall apply to matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings. 101.4.8 Accessibility. For provisions related to accessibility, refer to the Florida Building Code, Accessibility. 101.4.9 Manufactured buildings. For additional administrative and special code requirements, see Section 458, Florida Building Code. Building, and Rule 61-41 Florida Administrative Code. 101.4.10 Electrical. The provisions of Chapter 27 of the Florida Building Code, Building Volume shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings, and appurtenances thereto. Page 3 of 46 101.4.11 Flood Damage Prevention. The provisions of Chapter 12.5 of the Village of North Palm Beach Code of Ordinances shall be considered part of this code relative to flood control. 101.5 Building Official. Whenever, the building official is mentioned in this code, it is also intended to mean the building official’s designee, wherever applicable. SECTION 102 APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. 102.1.1 The Florida Building Code does not apply to, and no Building Code enforcement action shall be brought with respect to, zoning requirements, land use requirements and owner specifications or programmatic requirements which do not pertain to and govern the design, construction, erection, alteration, modification, repair or demolition of public or private buildings, structures or facilities or to programmatic requirements that do not pertain to enforcement of the Florida Building Code. Additionally, a local code enforcement agency may not administer or enforce the Florida Building Code, Building to prevent the siting of any publicly owned facility, including, but not limited to, correctional facilities, juvenile justice facilities, or state universities, community colleges, or public education facilities, as provided by law. 102.2 Building. The provisions of the Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building, structure or facility or floating residential structure, or any appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations, repairs and changes of use or occupancy group in all buildings and structures shall comply with the provisions provided in the Florida Building Code, Existing Building. The following buildings, structures and facilities, except for those located in a Special Flood Hazard Area, are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the legislature and provided by law: (a) Building and structures specifically regulated and preempted by the federal government. (b) Railroads and ancillary facilities associated with the railroad. (c) Nonresidential farm buildings on farms. (d) Temporary buildings or sheds used exclusively for construction purposes. (e) Mobile or modular structures used as temporary offices, except that the p rovisions of Part II (Section 553.501-553.513, Florida Statutes) relating to accessibility by persons with disabilities shall apply to such mobile or modular structures. Permits shall be required for structural support and tie down, electric supply and all other such utility connections to such mobile or modular structures as required by this jurisdiction. (f) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes, which are directly involved in the generation, transmission, or distribution of electricity. (g) Temporary sets, assemblies, or structures used in commercial motion picture or television production, or any sound-recording equipment used in such production, on or off the premises. Page 4 of 46 (h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term “chickee” means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not i ncorporate any electrical, plumbing, or other non-wood features. (i) Family mausoleums not exceeding 250 square feet (23 m2) in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. (j) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. (k) A building or structure having less than 1,000 square feet (93 m2) which is constructed and owned by a natural person for hunting and which is repaired or reconstructed to the same dimension and condition as existed on January 1, 2011, if the building or structure: 1. Is not rented or leased or used as a principal residence; 2. Is not located within the 100-year floodplain according to the Federal Emergency Management Agency’s current Flood Insurance Rate Map; and 3. Is not connected to an off-site electric power or water supply. (l) Service providers of water, sewer, storm, gas, cable, telephone, or other similar utility systems are exempt to the point of service connection for the building or structure. 102.2.1 In addition to the requirements of Section 553.79 and 553.80, Florida Statutes, facilities subject to the provisions of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, shall have facility plans reviewed and construction surveyed by the state agency authorized to do so under the requirements of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, and the certification requirements of the federal government. 102.2.2 Residential buildings or structures moved into or within a county or municipality shall not be required to be brought into compliance with the state minimum building code in force at the time the building or structure is moved, provided: 1. The building or structure is structurally sound and in occupiable condition for its intended use; 2. The occupancy use classification for the building or structure is not changed as a result of the move; 3. The building is not substantially remodeled; 4. Current fire code requirements for ingress and egress are met; 5. Electrical, gas and plumbing systems meet the codes in force at the time of construction and are operational and safe for reconnection; and Page 5 of 46 6. Foundation plans are sealed by a professional engineer or architect licensed to practice in this state, if required by the Florida Building Code, Building for all residential buildings or structures of the same occupancy class. 7. The requirements of Florida Building Code, Existing Building Volume, are also satisfied. 102.2.3 The Building Official shall apply the same standard to a moved residential building or structure as that applied to the remodeling of any comparable residential building or structure to determine whether the moved structure is substantially remodeled. The cost of the foundation on which the moved building or structure is placed shall not be included in the cost of remodeling for purposes of determining whether a moved building or structure has been substantially remodeled. 102.2.4 This section does not apply to the jurisdiction and authority of the Department of Agriculture and Consumer Services to inspect amusement rides or the Department of Financial Services to inspect state-owned buildings and boilers. 102.2.5 Reserved. 102.2.6 This section does not apply to swings and other playground equipment accessory to a one- or two-family dwelling. Exception: Electrical service to such playground equipment shall be in accordance with Chapter 27 of this code. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section, or provision of this code. 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2. 102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. 102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code or the Florida Codes listed in Section101.4, the provisions of this code or the Florida Codes listed in Section 101.4, as applicable, shall take precedence over the provisions in the referenced code or standard. 102.5 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the Florida Building Code, Existing Building, the Florida Fire Prevention Code, and the provisions of Chapters 15 (Articles I and III) and Chapter 45 (Article VII) of the Village of North Palm Beach Code of Ordinances. 102.6.1 Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion Page 6 of 46 shall comply with the provisions of the Florida Building Code or Florida Residential Code, as applicable, for new construction or with any current permit for such occupancy. 102.6.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the Florida Fire Prevention Code, the provisions of Chapters 15 (Articles I and III) and Chapter 45 (Article VII) of the Village of North Palm Beach Code of Ordinances, or as is deemed necessary by the Building Official for the general safety and welfare of the occupants and the public. 102.7 Relocation of manufactured buildings. (1) Relocation of an existing manufactured building does not constitute an alteration. (2) A relocated building shall comply with wind speed requirements of the new location, using the appropriate wind speed map. If the existing building was manufactured in compliance with the Standard Building Code (prior to March 1, 2002), the wind speed map of the Standard Building Code shall be applicable. If the existing building was manufactured in compliance with the Florida Building Code (after March 1, 2002), the wind speed map of the Florida Building Code shall be applicable. (3) A relocated building shall comply with the flood hazard area requirements of the new location, if applicable. 102.8 Existing mechanical equipment. An agency or local government may not require that existing mechanical equipment located on or above the surface of a roof be installed in compliance with the requirements of the Florida Building Code except during reroofing when the equipment is being replaced or moved during reroofing and is not in compliance with the provisions of the Florida Building Code relating to roof-mounted mechanical units. PART 2—ADMINISTRATION AND ENFORCEMENT SECTION 103 BUILDING DIVISION 103.1 Creation of enforcement agency. The Building Division is hereby created and the official in charge thereof shall be known as the Building Official. 103.2 Appointment. The Building Official shall be appointed by the chief appointing authority of the jurisdiction. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the Building Official shall have the authority to appoint a deputy Building Official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the Building Official. For the maintenance of existing properties, see the provisions of Chapter 15 (Articles I and III) of the Village of North Palm Beach Code of Ordinances. 103.4 Restrictions on employees. (Reserved). Page 7 of 46 SECTION 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 104.1 General. The Building Official is hereby authorized and directed to enforce the provisions of this code. The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 104.2 Applications and permits. The Building Official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures , and service systems, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. 104.2.1 Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas. For applications for reconstruction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas, the Building Official shall determine if the proposed work constitutes substantial improvement or repair of substantial damage. Where the Building Official determines that the proposed work constitutes substantial improvement or repair of substantial damage, and where required by this code, the Building Official shall require the building to meet the requirements of Section 1612. 104.3 Notices and orders. The Building Official shall issue all necessary notices or orders to ensure compliance with this code. 104.4 Inspections. The Building Official shall make all of the required inspections, or the Building Official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.5 Identification. The Building Official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry. 104.7 Department records. The Building Official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records per Chapter 119, Florida Statutes (“Public Records Law” Page 8 of 46 104.8 Liability. The Building Official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be civilly or criminally render ed liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or empl oyee or board member because of an act performed by that officer or employee or board member in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.8.1 Legal defense. Any suit or criminal complaint instituted against an officer or employee or board member because of an act performed by that officer or employee or board member in the lawful discharge of duties and under the provisions of this code shall be defended by legal representatives of the jurisdiction un til the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.9 Approved materials and equipment. Materials, equipment and devices approved by the Building Official shall be constructed and installed in accordance with such approval. 104.9.1 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the Building Official. 104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the Building Official shall have the authority to grant modifications for individual cases, upon application of the owner or owner’s representative, provided the Building Official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety. 104.10.1 Flood hazard areas. The Building Official shall coordinate with the floodplain administrator to review requests submitted to the Building Official that seek approval to modify the strict application of the flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 117. 104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the Building Official shall respond in writing, stating the reasons why the alternative was not approved. 104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. 104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate Page 9 of 46 claims for alternative materials or methods, the Building Official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the Building Official for the period required for retention of public records. 104.12 Requirements not covered by code. Any requirements necessary for strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this or other technical codes, shall be determined by the Building Official. SECTION 105 PERMITS 105.1 Required. Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact-resistant coverings, electrical, gas, mechanical or plumbing, fire protection system, or accessible or flood resistant site element, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical or plumbing or interior nonstructural office system(s), the Building Official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The Building Official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual Facility permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The Building Official shall have access to such records at all times or such records shall be filed with the Building Official as designated. The building official is authorized to revoke such permit if code violations are found to exist. 105.1.3 Food permit. In accordance with 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.1.4 Public swimming pool. The local enforcing agency may not issue a building permit to construct, develop, or modify a public swimming pool without proof of application, whether complete or incomplete, for an operating permit pursuant to Section 514.031, Florida Statutes. A certificate of completion or occupancy may not be issued until such operating permit is issued. The local enforcing agency shall conduct their review of the building permit application upon filing and in accordance with Chapter 553, Florida Statutes. The local enforcing agency may confer with the Department of Health, if necessary, but may not delay the building permit application review while awaiting comment from the Department of Health. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction, to include work in any special flood hazard area. Exemptions granted under this section do not relieve the owner or contractor from their duty to comply with applicable provisions of the Florida Building Page 10 of 46 Code, and requirements of the local floodplain management ordinance. Permits shall not be required for the following: Building: 1. Building permits are not required for replacement or repair work having a value of less than $1,000.00, providing, however, that such work will not adversely affect the structural integrity, fire rating, exit access or egress requirements. 2. Cabinets and countertops with no reconfiguration for one and two-family dwellings, painting, papering, carpeting, and similar finish work, with no electrical or plumbing work. 3. Temporary motion picture, television and theater sets and scenery. 4. Traditional swings and other standard playground equipment accessory to detached one and two-family dwellings, as determined by the building official, but they may be subject to Zoning permits. 5. Retractable awnings supported by an exterior wall and do not require additional support of Groups R-3 and U occupancies, but they may be subject to Zoning permits. 6. Non-fixed and movable fixtures, cases, racks, and counters not over 5 feet 9 inches (1753 mm) in height. Electrical: Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler. Page 11 of 46 7. Self-contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less. 8. The installation, replacement, removal, or metering of any electrical load management control device where installed by a utility service provider. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 3. The replacement of common household plumbing fixtures to existing supply lines and outlets in one and two-family dwellings. This does not include water heaters, bathtubs and showers. 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the Building Official. Notification shall be given to the building official, including the work address, nature of emergency, and scope of work immediately, or by the next business day. 105.2.2. Minor repairs. Ordinary minor repairs may be made with the approval of the Building Official without a permit, provided the repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes. 105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownersh ip and control of public service agencies by established right. 105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the building department for that purpose. Permit application forms shall be in the format prescribed by a local administrative board, if applicable, and must comply with the requirements of Section 713.135(5) and (6), Florida Statutes. Each application shall be inscribed with the date of application, and the code in effect as of that date. For a building permit for which an application is submitted prior to the effective date of the Florida Building Code, the state minimum building code in effect in the permitting jurisdiction on the date of the a pplication governs the permitted work for the life of the permit and any extension granted to the permit. Page 12 of 46 Effective October 1, 2017, a local enforcement agency shall post each type of building permit application on its website. Completed applications must be able to be submitted electronically to the appropriate building department. Accepted methods of electronic submission include, but are not limited to, e-mail submission of applications in portable document format or submission of applications through an electronic fill-in form available on the building department's website or through a third-party submission management software. Payments, attachments, or drawings required as part of the permit application may be submitted in person in a non-electronic format, at the discretion of the Building Official. 105.3.1 Action on application. The Building Official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the Building Official shall reject such application in writing, stating the reasons therefore. If the Building Official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the Building Official shall issue a permit therefore as soon as practicable. When authorized through contractual agreement with a school board, in acting on applications for permits, the Building Official shall give first priority to any applications for the construction of, or addition or renovation to, any school or educational facility. 105.3.1.1 If a state university, Florida college or public school district elects to use a local government’s code enforcement offices, fees charged by counties and municipalities for enforcement of the Florida Building Code on buildings, structures, and facilities of state universities, state colleges, and public school district s shall not be more than the actual labor and administrative costs incurred for plans review and inspections to ensure compliance with the code. 105.3.1.2 No permit may be issued for any building construction, erection, alteration, modification, repair, or addition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the following documents which apply to the construction for which the permit is to be issued and which shall be prepared by or under the direction of an engineer registered under Chapter 471, Florida Statutes: 1. Plumbing documents for any new building or addition which requires a plumbing system with more than 250 fixture units or which costs more than $125,000. 2. Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which contains 50 or more sprinkler heads. Personnel as authorized by chapter 633 Florida Statutes, may design a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation, addition or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system. 3. Heating, ventilation, and air-conditioning documents for any new building or addition which requires more than a 15-ton-per-system capacity which is designed to accommodate 100 or more persons or for which the system costs more than $125,000. This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one, two, three or four-family structure. An air-conditioning system may be designed by an installing air-conditioning contractor certified under Chapter 489, Florida Statutes, to serve any building or addition which is designed to accommodate fewer than 100 persons and requires an air-conditioning system with a value of $125,000 or less; and when a 15- ton-per system or less is designed for a singular space of a building and each 15-ton system or less has an independent duct system. Systems not complying with the above require design documents that are to be sealed by a professional engineer. Page 13 of 46 Example 1: When a space has two 10-ton systems with each having an independent duct system, the contractor may design these two systems since each unit (system) is less than 15 tons. Example 2: Consider a small single-story office building which consists of six individual offices where each office has a single three-ton package air conditioning heat pump. The six heat pumps are connected to a single water cooling tower. The cost of the entire heating, ventilation and air-conditioning work is $47,000 and the office building accommodates fewer than 100 persons. Because the six mechanical units are connected to a common water tower this is considered to be an 18-ton system. NOTE: It was further clarified by the Commission that the limiting criteria of 100 persons and $125,000 apply to the building occupancy load and the cost for the total air-conditioning system of the building. 4. Any specialized mechanical, electrical, or plumbing document for any new building or addition which includes a medical gas, oxygen, steam, vacuum, toxic air filtration, halon, or fire detection and alarm system which costs more than $5,000. 5. Electrical documents. See Florida Statutes 471.003(2)(h). Any electrical or plumbing or air-conditioning and refrigeration system meeting the following thresholds are required to be designed by a Florida Registered Engineer. Any system which: 1. Requires an electrical or plumbing or air-conditioning and refrigeration system with a value greater than $125,000; and 2. a. Requires an aggregate service capacity of greater than 600 amperes (240 volts) on a residential electrical system or greater than 800 amperes (240 volts) on a commercial or industrial electrical system; b. Requires a plumbing system with more than 250 fixture units; or c. Requires a heating, ventilation, and air-conditioning system which exceeds a 15-ton-per-system capacity, or if the project is designed to accommodate more than 100 persons. Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses a valid certificate of registration has signed, dated, and stamped such document as provided in Section 471.025, Florida Statutes. 6. All public swimming pools and public bathing places defined by and regulated under Chapter 514, Florida Statutes 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned becoming null and void 180 days after the date of filing, or for any 180-day period of abandonment or suspension during the application process, unless such application has been pursued in good faith or a permit has been issued; except that the Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing prior to the abandonment date, with justifiable cause demonstrated. Abandoned applications shall be subject to destruction in accordance with state law. The fee for renewal, re-issuance, and extension of a permit application shall be set forth by the administrative authority. There may be fees or requirements from other government agencies for permit application extensions and renewals. 105.3.3 An enforcing authority may not issue a building permit for any building construction, erection, alteration, modification, repair or addition unless the permit either includes on its face or there is attached to the permit the following statement: “NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, such as the Page 14 of 46 requirement for Home or Property Owners Association approval, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies.” 105.3.4 A building permit for a single-family residential dwelling must be issued within 30 working days of application therefore unless unusual circumstances require a longer time for processing the application or unless the permit application fails to satisfy the Florida Building Code or the enforcing agency’s laws or ordinances. 105.3.5 Identification of minimum premium policy. Except as otherwise provided in Chapter 440, Florida Statutes, Workers’ Compensation, every employer shall, as a condition to receiving a building permit, show proof that it has secured compensation for its employees as provided in Section 440.10 and 440.38, Florida Statutes. 105.3.6 Asbestos removal contractor exemption. Refer to Section 105.9 for additional requirements. A licensed asbestos removal contractor is not required when moving, removal or disposal of asbestos-containing materials on a residential building where the owner occupies the building, the building is not for sale or lease, and the work is performed according to the owner-builder limitations provided in this paragraph. To qualify for exemption under this paragraph, an owner must personally appear and sign the building permit application. The permitting agency shall provide the person with a disclosure statement in substantially the following form: Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own asbestos abatement contractor even though you do not have a license. You must supervise the construction yourself. You may move, remove or dispose of asbestos-containing materials on a residential building where you occupy the building and the building is not for sale or lease, or the building is a farm outbuilding on your property. If you sell or lease such building within 1 year after the asbestos abatement is complete, the law will presume that you intended to sell or lease the property at the time the work was done, which is a violation of this exemption. You may not hire an unlicensed person as your contractor. Your work must be done according to all local, state and federal laws and regulations which apply to asbestos abatement projects. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. 105.3.7 Applicable Code for Manufactured Buildings. Manufacturers should be permitted to complete all buildings designed and approved prior to the effective date of a new code edition, provided a clear signed contract is in place. The contract shall provide specific data mirroring that required by an application for permit, specifically, without limitation, date of execution, building owner or dealer, and anticipa ted date of completion. However, the construction activity must commence within 6 months of the contract's execution. The contract is subject to verification by the Department of Business and Professional Regulation. 105.3.8 Public right of way. A permit shall not be given by the Building Official for the construction of any building, or for the alteration of any building where said building is to be changed and such change will affect the exterior walls, bays, balconies, or other appendages or projections fronting on any street, alley or public lane, or for the placing on any lot or premises of any building or structure removed from another lot or premises, unless the applicant has received a right of way permit from the authority having jurisdict ion over the street, alley or public lane 105.4 Conditions of the permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of any other federal, state and local laws, ordinances, codes and regulations. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of any other federal, state and local laws, ordinances, codes and regulations shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Page 15 of 46 Building Official from requiring the correction of errors in the construction documents and other data. The Building Official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction or of any other federal, state and local laws, ordinances, codes and regulations. 105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the Building Official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by such permit is suspe nded or abandoned for a period of six months after the time the work is commenced. 105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work. 105.4.1.2 If a new permit, or revalidation (renewal) of the original permit, is not obtained within 180 days from the date the initial permit became null and void, the Building Official is authorized to require that any work which has been commenced or completed be removed from the building site. Alternately, a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date of issuance of the new permit. 105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process , or due to action by an environmental or archeological agency having jurisdiction. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 3 months each. The extension shall be requested in writing and justifiable cause demonstrated, prior to expiration. 105.4.1.4 The fee for renewal, reissuance and extension of a permit shall be set forth by the administrative authority. There may be fees or requirements from other government agencies for permit extensions and renewals. 105.4.1.5 Any building permit work that has not received a certificate of occupancy or certificate of completion within two years from the date of original issuance shall be considered expired. If a new building permit is not obtained in accordance with section 105.4.1.2 herein, within 30 days of the expiration of the expired building permit, the construction shall be subject to unsafe structure abatement proceedings. 105.4.2 Additional options for closing a permit. Pursuant to Section 553.79(15), Florida Statutes, a property owner, regardless of whether the property owner is the one listed on the application for the building permit, may close a building permit by complying with the following requirements: 1.) The property owner may retain the original contractor listed on the permit or hire a different contractor appropriately licensed in this state to perform the work necessary to satisfy the conditions of the permit and to obtain any necessary inspection in order to close the permit. If a contractor other than the original contractor listed on the permit is hired by the property owner to close the permit, such contractor is not liable for any defects in the work performed by the original contractor and is only liable for the work that he or she performs. 2.) The property owner may assume the role of an owner-builder, in accordance with Sections 489.103(7) and 489.503(6), Florida Statutes. Page 16 of 46 3.) If a building permit is expired and its requirements have been substantially completed as determined by the local enforcement agency, the permit may be closed without having to obtain a new building permit, and the work required to close the permit may be done pursuant to the building code in effect at the time the local enforcement agency received the application for the permit, unless the contractor has sought and received approval from the local enforcement agency for an alternative material, design or method of construction. 4.) A local enforcement agency may close a building permit 6 years after the issuance of the permit, even in the absence of a final inspection, if the local enforcement agency determines that no apparent safety hazard exists. For purposes of this section, the term “close” means that the requirements of the permit have been satisfied. 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced . The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated as determined by the Building Official. 105.6 Denial or revocation. Whenever a permit required under this section is denied or revoked because the plan, or the construction, erection, alteration, modification, repair, or demolition of a building, is found by the local enforcing agency to be not in compliance with the Florida Building Code, the local enforcing agency shall identify the specific plan or project features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the permit applicant. If the local building code administrator or inspector finds that the plans are not in compliance with the Florida Building Code, the local building code administrator or inspector shall identify the specific plan features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the local enforcing agency. The local enforcing agency shall provide this information to the permit appli cant. Pursuant to Section 553.79(16), Florida Statutes, a local enforcement agency may not deny issuance of a building permit to; issue a notice of violation to; or fine, penalize sanction or assess fees against an arm’s -length purchaser of a property for value solely because a building permit applied for by a previous owner of the property was not closed. The local enforcement agency shall maintain all rights and remedies against the property owner and contractor listed on the permit. Pursuant to Section 553.79(16), Florida Statutes, a local enforcement agency may not deny issuance of a building permit to a contractor solely because the contractor is listed on other building permits that were not closed. 105.6.1 Misrepresentation of application. The Building Official may revoke a permit or approval, issued under the provisions of this code, when there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based. 105.6.2 Violation of code provisions. The Building Official may require correction or revoke the permit upon determination by the building official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of this code or the Village Code of Ordinances. 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. Page 17 of 46 105.8 Notice of commencement. In accordance with Section 713.135, Florida Statutes, when any person applies for a building permit, the authority issuing such permit shall print on the face of each permit card in no less than 14 - point, capitalized, boldfaced type: “WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.” 105.9 Asbestos. The enforcing agency shall require each building permit for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner’s or operator’s responsibility to comply with the provisions of Section 469.003, Florida Statutes, and to notify the Department of Environmental Protection of his or her intentions to remove asbestos, when applicable, in accordance with state and federal law. Refer to Section 105.3.6 “Asbestos Removal Contractor Exemption” of this code for additional requirements. 105.10 Certificate of protective treatment for prevention of termites. A weather-resistant job-site posting board shall be provided to receive duplicate treatment certificates as each required protective treatment is completed, providing a copy for the person the permit is issued to and another copy for the building permit files. The treatment certificate shall provide the product used, identity of the applicator, time and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used, to establish a verifiable record of protective treatment. If the soil chemical barrier method for termite prevention is used, final exterior treatment shall be completed prior to final building approval. For a bait system, see Section 1816.1.7 of the Florida Building Code for contract document requirements. 105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider and need for reinspection and treatment contract renewal shall be provided. The sign shall be posted near the water heater or electric panel. 105.12 Work starting before permit issuance. Upon written request and approval of the Building Official, the scope of work delineated in the building permit application and plan may be started prior to the final approval and issuance of the permit, provided any work completed is entirely at risk of the permit applicant and the work does not proceed past the first required inspection. 105.13 Phased permit approval. After submittal of the appropriate construction documents, the Building Official is authorized to issue a permit for the construction of foundations or any other part of a building or stru cture before the construction documents for the whole building or structure have been submitted. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted. Corrections may be required to meet the requirements of the technical codes. 105.14 Permit issued on basis of an affidavit. The Building Official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. Whenever a permit is issued in reliance upon an affidavit or whenever the work to be covered by a permit involves installation under conditions which, in the opinion of the Building Official, are hazardous or complex, the Building Official shall require that the architect or engineer who signed the affidavit or prepared the drawings or computations shall supervise such work. In addition, they shall be responsible for conformity to the permit, provide copies of inspection reports as inspections are performed, and upon completion make and file with the Building Official written affidavit Page 18 of 46 that the work has been done in conformity to the reviewed plans and with the structural provisions of the technical codes. In the event such architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are reviewed by the Building Official. The Building Official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part III of Chapter 468, Florida Statutes. Nothing aforesaid shall preclude plan review or inspections by the building official (See also Section 107.6). Exception: Permit issued on basis of an affidavit shall not extend to the flood load and flood resistance requirements of the Florida Building Code. 105.15 Opening protection. Reserved. 105.16 Inspection of existing residential building not impacted by construction. (a) A local enforcing agency, and any local building code administrator, inspector, or other official or entity, may not require as a condition of issuance of a one- or two-family residential building permit the inspection of any portion of a building, structure, or real property that is not directly impacted by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real property for which the permit is sought. (b) This subsection does not apply to a building permit sought for: 1. A substantial improvement as defined in Section 161.54, Florida Statutes or as defined in the Florida Building Code. 2. A change of occupancy as defined in the Florida Building Code. 3. A conversion from residential to nonresidential or mixed use pursuant to Section553.507(2)(a), Florida Statutes or as defined in the Florida Building Code. 4. A historic building as defined in the Florida Building Code. (c) This subsection does not prohibit a local enforcing agency, or any local building code administrator, inspector, or other official or entity, from: 1. Citing any violation inadvertently observed in plain view during the ordinary course of an inspection conducted in accordance with the prohibition in paragraph (a). 2. Inspecting a physically nonadjacent portion of a building, structure, or real property that is directly impacted by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real property for which the permit is sought in accordance with the prohibition in paragraph (a). 3. Inspecting any portion of a building, structure, or real property for which the owner or other person having control of the building, structure, or real property has voluntarily consented to the inspection of that portion of the building, structure, or real property in accordance with the prohibition in paragraph (a). 4. Inspecting any portion of a building, structure, or real property pursuant to an inspection warrant issued in accordance with Sections 933.20-933.30, Florida Statutes. 105.17 Streamlined low-voltage alarm system installation permitting. (1) As used in this section, the term: Page 19 of 46 (a) "Contractor" means a person who is qualified to engage in the business of electrical or alarm system contracting pursuant to a certificate or registration issued by the department under part II of chapter 489, Florida Statutes. (b) "Low-voltage alarm system project" means a project related to the installation, maintenance, inspection, replacement, or service of a new or existing alarm system, as defined in Section 489.505, Florida Statutes, that is hardwired and operating at low voltage, as defined in the National Electrical Code Standard 70, and ancillary components or equipment attached to such a system, including, but not limited to, home-automation equipment, thermostats, and video cameras. (c) “Wireless alarm system” means a burglar alarm system or smoke detector that is not hardwired. (2) Notwithstanding any provision of this Code, this section applies to all low-voltage alarm system projects for which a permit is required by a local enforcement agency. However, a permit is not required to install, maintain, inspect, replace, or service a wireless alarm system, including any ancillary components or equipment attached to the system. (3) This section does not apply to the installation or replacement of a fire alarm, or access control system affecting required means of egress as required by Florida Building Code Chapter 10, if a plan review is required. (4) A local enforcement agency shall make uniform basic permit labels available for purchase by a contractor to be used for the installation or replacement of a new or existing alarm system at a cost as indicated in Section 553.793, Florida Statutes. The local enforcement agency may not require the payment of any additional fees, charges, or expenses associated with the installation or replacement of a new or existing alarm. (a) A local enforcement agency may not require a contractor, as a condition of purchasing a label, to submit information other than identification information of the licensee and proof of registration or certification as a contractor. (b) A label is valid for 1 year after the date of purchase and may only be used within the jurisdiction of the local enforcement agency that issued the label. A contractor may purchase labels in bulk for one or more unspecified current or future projects. (5) A contractor shall post an unused uniform basic permit label in a conspicuous place on the premises of the low-voltage alarm system project site before commencing work on the project. (6) A contractor is not required to notify the local enforcement agency before commencing work on a low- voltage alarm system project. However, a contractor must submit a Uniform Notice of a Low-Voltage Alarm System Project as provided under subsection (7) to the local enforcement agency within 14 days after completing the project. A local enforcement agency may take disciplinary action against a contractor who fails to timely submit a Uniform Notice of a Low-Voltage Alarm System Project. (7) The Uniform Notice of a Low-Voltage Alarm System Project may be submitted electronically or by facsimile if all submissions are signed by the owner, tenant, contractor, or authorized representative of such persons. The Uniform Notice of a Low-Voltage Alarm System Project shall be in the format prescribed by the local enforcement agency and must comply with the requirements of Section 553.793(7), Florida Statutes. (8) A local enforcement agency may coordinate directly with the owner or customer to inspect a low-voltage alarm system project may be inspected by the local enforcement agency to ensure compliance with Page 20 of 46 applicable codes and standards. If a low-voltage alarm system project fails an inspection, the contractor must take corrective action as necessary to pass inspection. (9) A municipality, county, district, or other entity of local government may not adopt or maintain in effect any ordinance or rule regarding a low-voltage alarm system project that is inconsistent with this section. (10)A uniform basic permit label shall not be required for the subsequent maintenance, inspection, or service of an alarm system that was permitted in accordance with this section. The provisions of this act are not intended to impose new or additional licensure requirements on persons licensed in accordance with the applicable provisions of chapter 489, Florida Statutes. SECTION 106 FLOOR AND ROOF DESIGN LOADS 106.1 Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf (2.40 kN/m2), such design live loads shall be conspicuously posted by the owner or the owner’s authorized agent in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices 106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section 111 shall not be issued until the floor load signs, required by Section 106.1, have been installed. 106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code. SECTION 107 SUBMITTAL DOCUMENTS 107.1 General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by Chapter 471, Florida Statutes, and Chapter 61G15, Florida Administrative Code, or Chapter 481, Florida Statutes, and Chapter 61G1 Florida Administrative Code. Where special conditions exist, the Building Official is authorized to require additional construction documents to be prepared by a registered design professional. Electronic media documents shall be submitted when required by the building official, in a format acceptable to the building official, and may require only one set of submittals. Exception: The Building Official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. If the design professional is an architect, interior designer, or engineer legally registered under the laws of this state regulating the practice of architecture or interior design as provided for in Chapter 481, Florida Statutes, Part I, or landscape architecture as provided for in Chapter 481, Florida Statutes, Part II, or engineering as provided for in Chapter 471, Florida Statutes, then he or she shall affix his or her official seal to said drawings, specifications and accompanying data, as required by Florida Statute. 107.2 Construction documents. Construction documents shall be in accordance with Sections 107.2.1 through 107.2.6. Page 21 of 46 107.2.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the Building Official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the Building Official. Such drawings and specifications shall contain information, in the form of notes or otherwise, as to the quality of materials, where quality is essential to conformity with the technical codes. Such information shall be specific, and the technical codes shall not be cited as a whole or in part, nor shall the term "legal" or its equivalent be used as a substitute for specific information. All information, drawings, specifications and accompanying data shall bear the name and signature of the person responsible for the design. 107.2.1.1 For roof assemblies required by the code, the construction documents shall illustrate, describe, and delineate the type of roofing system, materials, fastening requirements, flashing requirements and wind resistance rating that are required to be installed. Product evaluation and installation shall indicate compliance with the wind criteria required for the specific site or a statement by an architect or engineer certifying suitability for the specific site must be submitted with the construction documents. 107.2.1.2 Additional data. The building official may require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings, specifications and accompanying data required by the building official to be prepared by an architect or engineer shall be affixed with their official seal, signature and date as state law requires. 107.2.1.3 Quality of building plans. Building plans shall be drawn to a minimum 1/8-inch scale upon substantial paper, cloth or other acceptable medium. The building official may establish, through Departmental policy, other standards for plans and specifications, including electronic format, in order to provide conformity to its electronic permit review and record retention program. This policy may include such things as minimum size, shape, contrast, clarity, or other items related to records management. Electronic media must be compatible with the archive requirements of Florida Statutes. 107.2.2 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance to this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9. 107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress including the path of the exit discharge to the public way in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. 107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings. The construction documents shall include manufacturer’s installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used. Page 22 of 46 107.2.5 Exterior balcony and elevated walking surfaces. Where balcony or other elevated walking surfaces are exposed to water from direct or blowing rain, snow or irrigation, and the structural framing is protected by an impervious moisture barrier the construction documents shall include details for all element of the impervious moisture barrier system. The construction documents shall include manufacturer’s installation instructions. 107.2.6 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The Building Official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. 107.2.6.1 Design flood elevations. Where design flood elevations are not specified, they shall be established in accordance with Section 1612.3.1. Design flood elevations shall be uniformly specified utilizing the currently effective NAVD 88. 107.2.6.2 For the purpose of inspection and record retention, site plans for a building may be maintained in the form of an electronic copy at the worksite. These plans must be open to inspection by the Building Official or a duly authorized representative, as required by the Florida Building Code. 107.2.7 Structural information. The construction documents shall provide the information specified in Section 1603. 107.3 Examination of documents. The Building Official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. Exceptions: 1. Building plans approved pursuant to Section 553.77(5), Florida Statutes, and state-approved manufactured buildings are exempt from local codes enforcing agency plan reviews except for provisions of the code relating to erection, assembly or construction at the site. Erection, assembly and construction at the site are subject to local permitting and inspections. Photocopies of plans approved according to Rule 61-41.009, Florida Administrative Code, shall be sufficient for local permit application documents of record for the modular building portion of the permitted project. 2. Industrial construction on sites where design, construction and fire safety are supervised by appropriately licensed design and inspection professionals and which contain adequate in-house fire departments and rescue squads is exempt, subject to approval by the Building Official, from review of plans and inspections, providing the appropriate licensed design and inspection professionals certify that applicable codes and standards have been met and supply appropriate approved drawings to local building and fire -safety inspectors. 107.3.1 Approval of construction documents. When the Building Official issues a permit, the construction document shall be approved, in writing or by stamp, as “Reviewed for Code Compliance.” One set of construction documents so reviewed shall be retained by the Building Official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the Building Official or a duly authorized representative. Page 23 of 46 107.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. 107.3.3 Phased approval. The Building Official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted. 107.3.4 Design professional in responsible charge. Where it is required that documents be prepared by a registered design professional, the Building Official shall be authorized to require the owner or the owner’s authorized agent to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumst ances require, the owner or the owner’s authorized agent shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The Building Official shall be notified in writing by the owner or the owner’s authorized agent if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. Those products which are regulated by FAC Rule 61G20 shall be reviewed and approved in writing by the designer of record prior to submittal for jurisdictional approval. 107.3.4.1 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the Building Official. Deferral of any submittal items shall have the prior approval of the Building Official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the Building Official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the Building Official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official. 107.3.4.2 Certifications by contractors authorized under the provisions of Section 489.115(4)(b), Florida Statutes, shall be considered equivalent to sealed plans and specifications by a person licensed under Chapter 471, Florida Statutes, or Chapter 481, Florida Statutes, by local enforcement agencies for plans review for permitting purposes relating to compliance with the wind-resistance provisions of the code or alternate methodologies approved by the Florida Building Commission for one- and two-family dwellings. Local enforcement agencies may rely upon such certification by contractors that the plans and specifications submitted conform to the requirements of the code for wind resistance. Upon good cause shown, local government code enforcement agencies may accept or rej ect plans sealed by persons licensed under Chapters 471, 481 or 489, Florida Statutes. Page 24 of 46 107.3.5 Minimum plan review criteria for buildings. The examination of the documents by the Building Official shall include the following minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof framing plan or truss layout; all fenestration penetrations; flashing; and rough opening dimensions; and all exterior elevations: Commercial Buildings: Building 1. Site requirements: Parking Fire access Vehicle loading Driving/turning radius Fire hydrant/water supply/post indicator valve (PIV) Set back/separation (assumed property lines) Location of specific tanks, water lines and sewer lines Flood hazard areas, flood zones, and design flood elevations 2. Occupancy group and special occupancy requirements shall be determined (with cross check with the energy code submittal). 3. Minimum type of construction shall be determined (see Table 503). 4. Fire-resistant construction requirements shall include the following components: Fire-resistant separations Fire-resistant protection for type of construction Protection of openings and penetrations of rated walls Fire blocking and draftstopping and calculated fire resistance 5. Fire suppression systems shall include: Early warning smoke evacuation systems Schematic fire sprinklers Standpipes Pre-engineered systems Riser diagram 6. Life safety systems shall be determined and shall include the following requirements: Occupant load and egress capacities Early warning Smoke control Stair pressurization Systems schematic 7. Occupancy load/egress requirements shall include: Occupancy load Gross Net Means of egress Exit access Exit Exit discharge Page 25 of 46 Stairs construction/geometry and protection Doors Emergency lighting and exit signs Specific occupancy requirements Construction requirements Horizontal exits/exit passageways 8. Structural requirements shall include: Soil conditions/analysis Termite protection Design loads Wind requirements Building envelope Impact resistant coverings or systems Structural calculations (if required) Foundation Flood requirements in accordance with Section 1612, including lowest floor elevations, enclosures, flood damage-resistant materials Wall systems Floor systems Roof systems Threshold inspection plan Stair systems 9. Materials shall be reviewed and shall at a minimum include the following: Wood Steel Aluminum Concrete Plastic Glass Masonry Gypsum board and plaster Insulating (mechanical) Roofing Deck coatings Insulation Building envelope portions of the Energy Code (including calculation and mandatory requirements) 10. Accessibility requirements shall include the following: Site requirements Accessible route Vertical accessibility Toilet and bathing facilities Drinking fountains Equipment Special occupancy requirements Fair housing requirements 11. Interior requirements shall include the following: Interior finishes (flame spread/smoke development) Page 26 of 46 Light and ventilation (including corresponding portion of the energy code) Sanitation 12. Special systems: Elevators Escalators Lifts 13. Swimming pools: Barrier requirements Spas Wading pools 14. Location and installation details. The specific location and installation details of each fire door, fire damper, ceiling damper and smoke damper shall be shown and properly identified on the building plans by the designer. Electrical 1. Electrical: Wiring Services Feeders and branch circuits Overcurrent protection Grounding Wiring methods and materials GFCIs Electrical portions of the Energy Code (including calculation and mandatory requirements) 2. Equipment 3. Special occupancies 4. Emergency systems 5. Communication systems 6. Low voltage 7. Load calculations 8. Design flood elevation Plumbing 1. Minimum plumbing facilities 2. Fixture requirements 3. Water supply piping 4. Sanitary drainage 5. Water heaters 6. Vents 7. Roof drainage 8. Back flow prevention 9. Irrigation 10. Location of water supply line 11. Grease traps 12. Environmental requirements 13. Plumbing riser 14. Design flood elevation 15. Water/plumbing portions of the Energy Code (including calculation and mandatory requirements) Page 27 of 46 Mechanical 1. Mechanical portions of the energy calculations 2. Exhaust systems: Clothes dryer exhaust Kitchen equipment exhaust Specialty exhaust systems 3. Equipment 4. Equipment location 5. Make-up air 6. Roof-mounted equipment 7. Duct systems 8. Ventilation 9. Combustion air 10. Chimneys, fireplaces, and vents 11. Appliances 12. Boilers 13. Refrigeration 14. Bathroom ventilation 15. Laboratory 16. Design flood elevation Gas 1. Gas piping 2. Venting 3. Combustion air 4. Chimneys and vents 5. Appliances 6. Type of gas 7. Fireplaces 8. LP tank location 9. Riser diagram/shutoffs 10. Design flood elevation 11. Gas portions of the Energy Code (including calculation and mandatory requirements) Demolition 1. Asbestos removal Residential (one- and two-family): 1. Site requirements: Set back/separation (assumed property lines) Location of septic tanks 2. Fire-resistant construction (if required) 3. Fire 4. Smoke detector locations 5. Egress Egress window size and location stairs construction requirements 6. Structural requirements shall include: Wall section from foundation through roof, including assembly and materials , connector tables, wind requirements, and structural calculations (if required) Termite protection Page 28 of 46 Design loads Wind requirements Building envelope Foundation Wall systems Floor systems Roof systems Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, equipment, and flood damage-resistant materials 7. Accessibility requirements: show/identify accessible bath 8. Impact resistant coverings or systems 9. Residential Energy Code submittal (including calculation and mandatory requirements) 10. Electrical: Electric service riser with wire sizes, conduit detail and grounding detail Complete load calculations, Panel schedules 11. Mechanical: Equipment and location, Duct systems 12. Plumbing: Plumbing riser 13. Gas: Gas piping Venting Combustion air Chimneys and vents Appliances Type of gas Fireplaces LP tank location Riser diagram/shutoffs 14. Swimming Pools Barrier requirements Spas Wading pools Manufactured buildings/housing - 1. Site requirements Setback/separation (assumed property lines) Location of septic tanks (if applicable) 2. Structural Wind zone Anchoring Blocking 3. Plumbing List potable water source and meter size (if applicable) 4. Mechanical Exhaust systems Clothes dryer exhaust Page 29 of 46 Kitchen equipment exhaust 5. Electrical exterior disconnect location Exemptions. Plans examination by the building official shall not be required for the following work: 1. Replacing existing equipment such as mechanical units, water heaters, etc. 2. Reroofs (as determined by local jurisdiction) 3. Minor electrical, plumbing, and mechanical repairs 4. Annual maintenance permits 5. Prototype plans Except for local site adaptions, siding, foundations and/or modifications. Except for structures that require waiver. 6. Manufactured buildings plan except for foundations and modifications of buildings on site and as listed above in manufactured buildings/housing. 107.4 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. 107.5 Retention of construction documents. One set of approved construction documents shall be retained by the Building Official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. 107.6 Affidavits. The Building Official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. The Building Official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the Building Official copies of inspection reports as inspections are performed and upon completion of the structure, ele ctrical, gas, mechanical or plumbing systems a certification that the structure, electrical, gas, mechanical or plumbing system has been erected in accordance with the requirements of the technical codes. Where the Building Official relies upon such affidavit, the architect or engineer shall assume full responsibility for compliance with all provisions of the technical codes and other pertinent laws or ordinances. The Building Official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes. Nothing aforesaid shall preclude plan review or inspections by the building official (See also Section 105.14). On applications in which private provider services are utilized, all time frames shall adhere to time frames as indicated in Section 553.791(7)(a), Florida Statutes. 107.6.1 Building permits issued on the basis of an affidavit in special flood hazard areas. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Parts 59 and 60), the authority granted to the Building Official to issue permits, to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to Sections 105.14 and 107.6, shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code. Page 30 of 46 SECTION 108 TEMPORARY STRUCTURES AND USES 108.1 General. The Building Official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The Building Official is authorized to grant extensions for demonstrated cause. 108.2 Conformance. Temporary structures and uses shall comply with the requirements in Section 3103. 108.3 Temporary power. The Building Official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat, or power in NFPA 70. 108.4 Termination of approval. The Building Official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure to be removed or use to be discontinued. SECTION 109 FEES 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. 109.2.1 Types of Fees Enumerated. Fees may be charged for but not limited to the following:  Permits;  Plans examination;  Certificates of competency (including fees for applications, examinations, renewal, late ren ewal, and reciprocity);  Re-inspections;  Administrative fees (including fees for investigative and legal costs incurred in the context of certain disciplinary cases heard by the board);  Variance requests;  Administrative appeals;  Violations; and  Other fees as established by local resolution or ordinance. 109.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the Building Official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the Building Official. Final building permit valuation shall be set by the Building Official. Page 31 of 46 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits or without prior approval from the Building Official as permitted in Section 105.2.2 or 105.12 shall be subject to a fee established by the Building Official that shall be in addition to the required permit fees or as provided by local ordinance. This provision shall not apply to emergency work when delay would clearly have placed life or property in imminent danger. But in all such cases the required permit(s) must be applied for within three (3) business days and any unreasonable delay in obtaining those permit(s) shall result in the charge of a double fee. The payment of a double fee shall not preclude or be deemed a substitute for prosecution for commencing work without first obtaining a permit. The Building Official may grant extensions of time or waive fees when justifiable cause has been demonstrated in writing. 109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. 109.6 Refunds. Reserved. SECTION 110 INSPECTIONS 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the Building Official and such construction or work shall remain exposed and provided with access for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the owner or the owner’s authorized agent to cause the work to remain exposed and provided with access for inspection purposes. The Building Official shall be permitted to require a boundary line survey prepared by a qualified surveyor whenever the boundary lines cannot be readily determined in the field. Neither the Building Official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 110.1.1 Manufacturers and fabricators. When deemed necessary by the Building Official, he/she shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. 110.1.2 Inspection service. The Building Official may make, or cause to be made, the inspections required by Section 110. He or she may accept reports of department inspectors, independent inspectors or of recognized inspection services, provided that after investigation he/she is satisfied as to their licensure, qualifications, and reliability. A certificate required by any provision of this code shall not be based on such reports unless the same are recorded by the building code inspector or the architect or engineer performing building code inspections in a manner specified by the Building Official. The Building Official shall ensure that all persons making such inspections shall be certified in accordance to Chapter 468, Florida Statutes. The building official may require the owner to employ an inspection service in the following instances: 1. For buildings or additions of Type I construction; 2. For all major structural alterations; Page 32 of 46 3. Where the concrete design is based on compressive strength in excess of 3000 pounds per square inch; 4. For pile driving; 5. For buildings with an area greater than 20,000 square feet; 6. For buildings more than two stories in height; or 7. For buildings and structures of unusual design or methods of construction. Such inspectors shall be present when work is underway on the structural elements of the building to adequately attest to its compliance. Such inspectors shall be a registered architect, or engineer. An employee of the architect or engineer licensed under Chapter 468, Part XII, Florida Statutes may perform the inspections, under the direction of and with final certification from the architect or engineer. Such inspectors shall submit weekly progress reports including the daily inspections to the building official, and including a code compliance opinion of the resident inspector. At the completion of the construction work or project, the architect or engineer shall submit a certificate of compliance to the building official, stating that the work was done in compliance with this code and in accordance with the permitted drawing. Final inspection shall be made by the building official before a Certificate of Occupancy or Certificate of Completion is issued; and confirmation inspections may be made at any time to monitor activities and resident inspectors. 110.1.3 Affidavit for inspection. With specific prior approval of, and in a format acceptable to the building official, an affidavit for certification of inspection may be accepted from the permit qualifier; when accompanied by extensive photographic evidence of sufficient detail to demonstrate code compliance. The photographic evidence shall be comprehensive in the display of the installation and/or construction and job location identifiers. The affidavit and accompanying photographs shall be provided to the inspector onsite, at the next scheduled inspection. If the photographs are found to be insufficient by the building official to demonstrate compliance with this code and/or the permitted document, or clearly display location identifiers, or are missing, the inspector shall require the contractor to obtain the services of a registered Florida professional engineer to inspect and certify the installation and/or construction. , 110.1.3.1 Exception: Affidavits may not be accepted for inspection of elements of construction which require inspection by the local jurisdiction under the requirements of Title 44, Code of Federal Regulations, Parts 59 and 60, and the local flood damage prevention ordinance. 110.2 Preliminary inspection. Before issuing a permit, the Building Official is authorized to examine or cause to be examined buildings, structures, and sites for which an application has been filed. 110.3 Required inspections. The Building Official upon notification from the permit holder or his or her agent shall make the following inspections, or any other such inspection as deemed necessary and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes. The Building Official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. Building 1. Foundation inspection. To be made after trenches are excavated, any required reinforcing steel is in place, forms erected and shall at a minimum include the following building components: ·Stem-wall ·Monolithic slab-on-grade Page 33 of 46 ·Piling/pile caps ·Footers/grade beams 1.1. Slab Inspection: Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. A foundation/Form board survey prepared and certified by a registered surveyor may be required, prior to approval of the slab inspection. The survey shall certify placement of the building on the site, illustrate all surrounding setback dimensions and shall be available at the job site for review by the building inspector. In lieu of providing a survey, the contractor may elect to uncover all property line markers and string-up all property lines in preparation for inspection. 1.2. In flood hazard areas, upon placement of the lowest floor, including basement, and prior to further vertical construction, the elevation certification shall be submitted to the Authority having Jurisdiction. 2. Framing inspection. To be made after the roof, all framing, fire blocking and bracing is in place, all concealing wiring, all pipes, chimneys, ducts and vents are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved and shall at a minimum include the following building components: ·Window/door framing ·Window U-factor/SHGC as indicated on approved calculations ·Vertical cells/columns ·Lintel/tie beams ·Framing/trusses/bracing/connectors (including truss layout and engineered drawings) ·Draft stopping/fire blocking ·Curtain wall framing ·Energy insulation (Insulation R-factor as indicated on approved calculations) ·Accessibility. ·Verify rough opening dimensions are within tolerances. ·Window/door buck attachment 2.1. Insulation Inspection: To be made after the framing inspection is approved and the insulation is in place, according to approved energy calculation submittal Includes wall and ceiling insulation. Page 34 of 46 2.2 Lath and gypsum board inspection for fire-resistance-rated or shear assemblies. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished. 3. Sheathing inspection. To be made either as part of a dry-in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components: ·Roof sheathing ·Wall sheathing ·Continuous air barrier ·Exterior Siding/Cladding ·Sheathing fasteners ·Roof/wall dry-in. NOTE: Sheathing fasteners installed and found to be missing the structural member (shiners) shall be removed and properly reinstalled prior to installation of the dry-in material. Exception: ring shank nails shall be bent over and a new fastener installed. 4. Exterior wall coverings. Shall at a minimum include the following building components in progress inspections: ·Exterior wall coverings and veneers ·Soffit coverings 5. Roofing inspection. Shall at a minimum be made in at least two inspections and include the following building components: ·Dry-in ·Insulation ·Roof coverings (including In Progress as necessary) ·Insulation on roof deck (according to submitted energy calculation) ·Flashing ·Sheathing 5.1. Re-Roof sheathing inspection. An affidavit with a notarized signature of a state or locally licensed roofing contractor for the installation of additional sheathing fasteners as required by the Existing Building Code may be accepted at the discretion of the Building Official. Page 35 of 46 6. Final inspection. To be made after the building, including all sub-trade inspections, is completed and ready for occupancy. 6.1. In flood hazard areas, as part of the final inspection, a final certification of the lowest floor elevation shall be submitted to the authority having jurisdiction. 7. Swimming pool inspection. First inspection to be made after excavation and installation of reinforcing steel, bonding, and main drain and prior to placing of concrete shell. 1. Steel reinforcement inspection 2. Underground electric inspection. 3. Underground piping inspection including a pressure test. 4. Underground electric inspection under deck area (including the equipotential bonding) 5. Underground piping inspection under deck area. 6. Deck inspection: to be made prior to installation of the deck material (with forms, deck drains, and any reinforcement in place 7. Safety Inspection; Made prior to filling the pool with the bonding connections made, the proper drain covers installed and the final barriers installed. 8. Final pool piping. 9. Final Electrical inspection. 10. Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 454.2.17. of this code 8. Demolition inspections. First inspection to be made after all utility connections have been disconnected and secured in such manner that no unsafe or unsanitary conditions shall exist during or after demolition operations. Final inspection to be made after all demolition work is completed. 9. Manufactured building inspections. The building department shall inspect construction of foundations; connecting buildings to foundations; installation of parts identified on plans as site installed items, joining the modules, including utility crossovers; utility connections from the building to utility lines on site; and any other work done on site which requires compliance with the Florida Building Code. Additional inspections may be required for public educational facilities (see Section 453.27.20 of this code). 10. Where impact resistant coverings or impact resistant systems are installed, the Building Official shall schedule adequate inspections of impact resistant coverings or impact resistant systems to determine the following: The system indicated on the plans was installed. The system is installed in accordance with the manufacturer’s installation instructions and the product approval. Page 36 of 46 Electrical 1. Underground inspection. To be made after trenches or ditches are excavated, conduit or cable installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing is in place and prior to the installation of wall or ceiling membranes. 3. Final inspection. To be made after the building electrical system is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy. 4. Existing Swimming Pools. To be made after all repairs or alterations are complete, all required electrical equipment, GFCI protection, and equipotential bonding are in place on said alterations or repairs. Plumbing 1. Underground inspection. To be made after trenches or ditches are excavated, piping installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing is in place and all soil, waste and vent piping is complete, and prior to this installation of wall or ceiling membranes. ·includes plumbing provisions of the energy code and approved calculations provisions. 3. Final inspection. To be made after the building plumbing system is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy. Note: See Section 312 of the Florida Building Code, Plumbing for required tests. Mechanical 1. Underground inspection. To be made after trenches or ditches are excavated, underground duct and fuel piping installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the roof, framing, fire blocking and bracing are in place and all ducting, and other concealed components are complete, and prior to the installation of wall or ceiling membranes. ·includes mechanical provisions of the energy code and approved calculations provisions. 3. Final inspection. To be made after the building mechanical system is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy. Gas 1. Rough piping inspection. To be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected. ·includes gas provisions of the energy code and approved calculations provisions. Page 37 of 46 2. Final piping inspection. To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 3. Final inspection. To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes, to ensure compliance with all the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans. Site Debris 1. The contractor and/or owner of any active or inactive construction project shall be responsible for the clean- up and removal of all construction debris or any other miscellaneous discarded articles during the course of the construction project and prior to receiving final inspection approval. Construction job sites must be kept clean and in a safe condition at all times. 2. All debris shall be kept in such a manner as to prevent it from being spread by any means. 110.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete fo undations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job. 110.3.2 Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. 110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification shall be submitted to the Building Official. 110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved. 110.3.5 Lath, gypsum board and gypsum panel product inspection. Lath, gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished. Exception: Gypsum board and gypsum panel products that are not part of a fire -resistance-rated assembly or a shear assembly. 110.3.6 Weather-exposed balcony and walking surface waterproofing. Where balcony or other elevated walking surfaces are exposed to water from direct or blowing rain, snow or irrigation, and the structural framing is protected by an impervious moisture barrier, all elements of the impervious -moisture-barrier system shall not be concealed until inspected and approved. 110.3.7 Fire- and smoke-resistant penetrations. Protection of joints and penetrations in fire-resistance rated assemblies, smoke barriers and smoke partition shall not be concealed from view until inspected and approved. Page 38 of 46 110.3.8 Energy efficiency inspections. Inspections shall be made to determine compliance with FBC, Energy Conservation and confirm with the approved energy code submittal (by appropriate trade) and corresponding mandatory requirements and shall include, but not be limited to, inspections for: corresponding envelope insulation R- and U-values, fenestration U-value and Solar Heat Gain Coefficient, duct system R-value, and HVAC, lighting, electrical and water-heating equipment efficiency. 110.3.9 Other inspections. In addition to the inspections specified in Sections 110.3 through 110.3.7, the Building Official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the department of building safety. 110.3.10 Special inspections. Reserved. 110.3.11 Final inspection. The final inspection shall be made after all work required by the building permit is completed. 110.3.11.1 Flood hazard documentation. If located in a flood hazard area, shall be submitted to the Building Official prior to the final inspection. 110.3.11.2 Energy Code documentation. If required by energy code path submittal, confirmation that commissioning result requirements have been received by building owner. 110.3.12 Termites. Building components and building surroundings required to be protected from termite damage in accordance with Section 1503.7, Section 2304.13 or Section 2304.11.6, specifically required to be inspected for termites in accordance with Section 2114, or required to have chemical soil treatment in accordance with Section 1816 shall not be covered or concealed until the release from the building official has been received. 110.3.13 Impact resistant coverings or systems. Where impact resistant coverings or systems are installed to meet requirements of this code, the Building Official shall schedule adequate inspections of impact resistant coverings or systems to determine the following: 1. The system indicated on the plans was installed. 2. The system is installed in accordance with the manufacturer’s installation instructions and the product approval. 110.4 Inspection agencies. The Building Official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. 110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the Building Official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. 110.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official. The Building Official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Building Official. Page 39 of 46 110.7 Shoring. For threshold buildings, shoring and associated formwork or falsework shall be designed and inspected by a Florida licensed professional engineer, prior to any required mandatory inspections by the threshold building inspector. 110.8 Threshold building. 110.8.1 During new construction or during repair or restoration projects in which the structural system or structural loading of a building is being modified, the enforcing agency shall require a special inspector to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. The purpose of the structural inspection plans is to provide specific inspection procedures and schedules so that the building can be adequately inspected for compliance with the permitted documents. The special inspector may not serve as a surrogate in carrying out the responsibilities of the building official, the architect, or the engineer of record. The contractor’s contractual or statutory obligations are not relieved by any action of the special inspector. 110.8.2 The special inspector shall determine that a professional engineer who specializes in shoring design has inspected the shoring and reshoring for conformance with the shoring and reshoring plans submitted to the enforcing agency. A fee simple title owner of a building, which does not meet the minimum size, height, occupancy, occupancy classification, or number-of-stories criteria which would result in classification as a threshold building under Section 553.71(7), Florida Statutes, may designate such building as a threshold building, subject to more than the minimum number of inspections required by the Florida Building Code. 110.8.3 The fee owner of a threshold building shall select and pay all costs of employing a special inspector, but the special inspector shall be responsible to the enforcement agency. The inspector shall be a person certified, licensed or registered under Chapter 471, Florida Statutes, as an engineer or under Chapter 481, Florida Statutes, as an architect. 110.8.4 Each enforcement agency shall require that, on every threshold building: 110.8.4.1 The special inspector, upon completion of the building and prior to the issuance of a certificate of occupancy, file a signed and sealed statement with the enforcement agency in substantially the following form: “To the best of my knowledge and belief, the above described construction of all structural load -bearing components complies with the permitted documents, and the shoring and reshoring conforms to the shoring and reshoring plans submitted to the enforcement agency.” 110.8.4.2 Any proposal to install an alternate structural product or system to which building codes apply be submitted to the enforcement agency for review for compliance with the codes and made part of the enforcement agency’s recorded set of permit documents. 110.8.4.3 All shoring and reshoring procedures, plans and details be submitted to the enforcement agency for recordkeeping. Each shoring and reshoring installation shall be supervised, inspected and certified to be in compliance with the shoring documents by the contractor. 110.8.4.4 All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that, to the best of the architect’s or engineer’s knowledge, the plans and specifications comply with the applicable minimum building codes and the applicable fire-safety standards as determined by the local authority in accordance with this Section and Chapter 633, Florida Statutes. Page 40 of 46 110.8.5 No enforcing agency may issue a building permit for construction of any threshold building except to a licensed general contractor, as defined in Section 489.105(3)(a), Florida Statutes, or to a licensed building contractor, as defined in Section 489.105(3)(b), Florida Statutes, within the scope of her or his license. The named contractor to whom the building permit is issued shall have the responsibility for supervision, direction, management and control of the construction activities on the project for which the building permit was issued. 110.8.6 The building department may allow a special inspector to conduct the minimum structural inspection of threshold buildings required by this code, Section 553.73, Florida Statutes, without duplicative inspection by the building department. The Building Official is responsible for ensuring that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes , or certified as a special inspector under Chapter 471 or 481, Florida Statutes. Inspections of threshold buildings required by Section 553.79(5), Florida Statutes, are in addition to the minimum inspections required by this code. 110.9 Impact of construction. All construction activity regulated by this code shall be performed in a manner so as not to adversely impact the condition of adjacent property, unless such activity is permitted to affect said property pursuant to a consent granted by the applicable property owner, under terms or conditions agreeable t o the applicable property owner. This includes, but is not limited to, the control of dust, noise, water or drainage runoffs, debris, and the storage of construction materials. New construction activity shall not adversely impact legal historic surface wat er drainage flows serving adjacent properties, and may require special drainage design complying with engineering standards to preserve the positive drainage patterns of the affected sites. Accordingly, developers, contractors and owners of all new residential development, including additions, pools, patios, driveways, decks or similar items, on existing properties resulting in a significant decrease of permeable land area on any parcel or has altered the drainage flow on the developed property shall, as a permit condition, provide a professionally prepared drainage plan clearly indicating compliance with this paragraph. Upon completion of the improvement, a certification from a licensed professional, as appropriate under Florida law, shall be submitted to the inspector in order to receive approval of the final inspection. SECTION 111 CERTIFICATE OF OCCUPANCY 111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the Building Official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Exception: Certificates of occupancy are not required for work exempt from permits under Section 105.2. 111.2 Certificate issued. After the Building Official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department of building safety, the Building Official shall issue a certificate of occupancy that contains the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner or the owner’s authorized agent. 4. A description of that portion of the structure for which the certificate is issued. Page 41 of 46 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. For buildings and structures in flood hazard areas, a statement that documentation of the as -built lowest floor elevation has been provided and is retained in the records of the authority having jurisdiction 7. The name of the Building Official. 8. The edition of the code under which the permit was issued. 9. The use and occupancy, in accordance with the provisions of Chapter 3. 10. The type of construction as defined in Chapter 6. 11. The design occupant load. 12. If an automatic sprinkler system is provided, whether the sprinkler system is required. 13. Any special stipulations and conditions of the building permit. 111.3 Temporary occupancy. The Building Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The Building Official shall set a time period during which the temporary certificate of occupancy is valid. 111.4 Revocation. The Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. 111.5 Certificate of Completion. A Certificate of Completion is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant authority to occupy a building, such as shell building, prior to the issuance of a Certificate of Occupancy. SECTION 112 SERVICE UTILITIES 112.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the Building Official. 112.2 Temporary connection. The Building Official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. 112.3 Authority to disconnect service utilities. The Building Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 101.4 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without the approval required by Section 112.1 or 112.2. The Building Official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to Page 42 of 46 disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. SECTION 113 BOARD OF ADJUSTMENT AND APPEALS 113.1 Appointment. The Village’s Board of Adjustment (Planning Commission) shall also serve as the Building Board of Adjustment and Appeals. 113.2 Powers. The Building Board of Adjustments and Appeals shall have the power, as further defined in Section 113.3, to hear appeals of decisions and interpretations of the building official and consider variances of the technical codes. 113.3 Appeals. 113.3.1 Decision of the building official. The owner of a building, structure or service system, or duly authorized agent, may appeal a decision of the building official to the Building Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist: 1. The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 2. The provisions of this code do not apply to this specific case. 3. That an equally good or more desirable form of installation can be employed in any specific case, which the building official has rejected or refused. 4. The true intent and meaning of this code or any of the regulations hereunder have been misconstrued or incorrectly interpreted. 113.3.2 Variances. The Building Board of Adjustments and Appeals, when upon written request, has been so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following: 1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. 2. That the special conditions and circumstances do not result from the action or inaction of the applicant. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system. 4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. 5. That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare. Page 43 of 46 113.3.2.1 Conditions of the variance. In granting the variance, the Board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the Board may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the conditions of a variance shall be deemed a violation of this code. 113.3.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the building official renders the decision. Appeals shall be in a form acceptable to the building official. 113.4 Procedures of the board. 113.4.1 Rules and regulations. The Board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The board shall meet on call of the chairman or Village Manager. 113.4.1.1 Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due process should be observed and govern the proceedings. Upon determination by the Chairperson, irrelevant, immaterial, or unduly repetitious evidence may be excluded, but all other evidence of a type commonly relied upon by reasonable, prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form. Th e Board may request certain evidence be provided by an architect or engineer registered in the State of Florida, in which case said evidence shall be signed, sealed, and dated. 113.4.1.2 Testimony. Any member of the Board or the attorney representing the Board may inquire of, or question, any witness before the Board. Any member of the Board, the petitioner or his/her attorney, and/or the building official shall be permitted to inquire of any witness before the Board. The Board may consider testimony presented by the building official, the petitioner, or any other witness. 113.5. Decisions of the Board. The Building Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies th e application of any provision of this code, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A copy of the decision shall be sent by mail to the appellant. Every decision of the board shall be final; subject however to such remedy as any aggrieved party might have at law or in equity, including appeal to the circuit court within thirty (30) days after rendition of the Board’s written decision. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Board. SECTION 114 VIOLATIONS 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 114.2 Notice of violation. The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. Page 44 of 46 114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the Building Official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. 114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. SECTION 115 STOP WORK ORDER 115.1 Authority. Whenever the Building Official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the Building Official is authorized to issue a stop work order. 115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, the owner’s authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume. 115.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT 116.1 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be ordered by the Building Official to be abated by the owner, through repair and rehabilitation or by demolition in accordance with this Code. The extent of repairs shall be determined by the Building Official. 116.1.1 When the Building Official determines a building, structure, electrical, gas, mechanical or plumbing system or portion thereof is unsafe, as set forth in this Code he/she shall provide the owner, agent or person in control of such building, structure, electrical, gas, mechanical or plumbing system a written notice of violation stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the building, structure, electrical, gas, mechanical or plumbing system or portion thereof. At the option of the Village, the processes and procedures for code enforcement under Chapter 162, Florida Statutes, or Article IV of Chapter 6 of the Village of North Palm Beach Code of Ordinances may be utilized to abate a violation under this section. If the statutory method of enforcement is invoked, the Building Official shall act in the role of code inspector as authorized in Section 114 of this code to initiate enforcement proceedings, and notice shall be in accordance with the provisions of the Statute. 116.1.2 If necessary, the notice shall also require the building, structure, electrical, gas, mechanical, plumbing systems or portion thereof to be vacated and/or disconnected, and not reoccupied and/or reconnected until the specified repairs and improvements are completed, inspected and approved by the Building Official. The Building Page 45 of 46 Official shall post at each entrance to the building a placard stating: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL. This placard shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or its officers, agents, or other servants, to remove the posting without written permission of the Building Official, or for any person to enter the building, or use the building or system(s) except for the purpose of making the required repairs or of demolishing same. 116.1.3 In case the owner, agent, or person in control cannot be found within the stated time limit, or, if such owner, agent, or person in control shall fail, neglect, or refuse to comply with notice to repair, rehabilitate, or to demolish, and remove said building, structure, electrical, gas, mechanical or plumbing system or portion thereof, the Building Official, acting as a code inspector, shall notify an enforcement board and request a hearing. In the case of the violation posing a serious threat, and after having ascertained the cost, the Building Official may take action to cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof, to be demolished, secured, repaired, or required to remain vacant or unused. Taking such action does not create a continuing obligation on the part of the Building Official to continue with maintaining such building, structure, or system; or create liability for any damage to the property. 116.1.4 The decision of the Building Official shall be final in cases of emergency, which, in the opinion of the Building Official, involve imminent danger to human life or health, or the property of others. He/she shall promptly cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof to be made safe or cause its removal. For this purpose, he/she may at once enter such structure or land on which it stands, or abutting land or structures, with such assistance and at such cost as he may deem necessary. He/she may order the vacating of adjacent structures and may require the protection of the public by appropriate fence or such other means as may be necessary, and for this purpose may close a public or private way. 116.2 Conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the Building Official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe. 116.3 Record. The Building Official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition. 116.4 Notice. If an unsafe condition is found, the Building Official shall serve on the owner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the Building Official acceptance or rejection of the terms of the order. 116.5 Method of service. Such notice shall be deemed properly served if a copy thereof is (a) delivered to the owner personally; (b) sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested; or (c) delivered in any other manner as prescribed by local law. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner. 116.6 Restoration. Where the structure or equipment determined to be unsafe by the Building Official is restored to a safe condition, to the extent that repairs, alterations or additions are made or a change of occupancy occurs during Page 46 of 46 the restoration of the structure, such repairs, alterations, additions and change of occupancy shall comply with the requirements of Section 105.2.2 and the Florida Building Code, Existing Building. 116.7 Enforcement proceedings; hearings. Violation proceedings and hearings for unsafe structures and equipment will be conducted before the special magistrate in accordance with the provisions set forth in Chapter 162, Florida Statutes. The owner of property that is subject to an enforcement proceeding before the special magistrate or court is required to make disclosures as outlined in Chapter 162, Florida Statutes, before a transfer of property, and failure to make the required disclosures creates a presumption of fraud. 116.8 Administrative fines; costs to repair; liens. All costs associated with taking a case before the special magistrate shall be recovered where the jurisdiction prevails. Whenever one of the orders of the special magistrate has not been complied with by the time set for compliance, for each day thereafter during which each violation continues past the date set for compliance, the special magistrate may impose a fine. All costs incurred as a result of actions taken pursuant to Section 114 are charged to the violator. A certified copy of an order imposing a fine, or a fine plus repair, and the costs of prosecuting the case, may be recorded in the public records and shall thereafter constitute a lien against the land where the violation exists and upon any other real or personal property owned by the violator. If an order is recorded in the public records pursuant to this subsection, and it has been complied with by the date specified in the order, the enforcement board shall issue an order acknowledging compliance that shall be recorded in the public record. A hearing is not required for the issuance of such a compliance order. 116.9 Appeal. An aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board or special magistrate to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the enforcement board. An appeal shall be filed within 30 days of the execution of the order to be appealed. SECTION 117 VARIANCES IN FLOOD HAZARD AREAS 117.1 Flood hazard areas. Pursuant to Section 553.73(5), Florida Statutes, the variance procedures adopted in the local floodplain management, Chapter 12.5 (Flood Damage Prevention) of the Village of North Palm Beach Code of Ordinances shall apply to requests submitted to the Building Official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building. Boat and RV Ordinance Amendments January 14, 2021 Ordinance Amendments Amendments attempt to…. Consider the historical standards in the Code (even though they weren’t enforced for a period of time) as they established community expectations. Afford current equipment owners a simple pathway with flexible standards to store equipment on their property through a “gradfathering” process while ultimately adhering to historic standards. Avoid negative impacts of storing large equipment in the setbacks to adjacent/neighboring properties Major Issues and Changes •Height/Length: “dimensional exception” process for current equipment owners to maintain storage. •Screening Standards: opacity standard modified and existing neighboring landscaping permitted to provide screening. •Loading/Unloading Time: increased time. •Utility Connections: restored past regulations. •No change to tie down requirements. Screening •Continue exempting equipment above the hull of a boat. •Now, exempting mechanical equipment on top of an RV. •Change “opaque” to “90% opaque”. This would allow minimal views of equipment to exist. •Eliminate full screening requirement at ingress/egress. Require no less than a 6’ gate (8’ is permissible) and up to 20’ wide. Screening •Allow existing hedges/screening on adjacent property to fulfill screening requirement. •Part of the Dimensional Exception application if equipment dimensional requirements are not met. Must be in place at the time of the application. •No approvals are required if dimensional requirements are met. This applies to existing and new equipment purchased after the effective date of the ordinance. •In either case, if neighboring hedges (or screening) are removed and not replaced so that required screening is satisfied, equipment owner must provide screening on his or her property to comply. Dimensional Exception Process •Replace the “Special Exception” process with a new “Dimensional Exception” process. •Approvals to be considered by the Village Council. •Only impediments to approval are: •an inability to screen or •reduction of the neighbor’s enjoyment of his or her property by blocking natural light and/or creating shade to the extent that the property is negatively impacted. •Only residents with equipment as of November 12, 2020 are eligible to apply. •Approval not transferable to another property. •Approval does not run with the property –only for the resident that received approval. Dimensional Exception Process •If significant conditions change, equipment owners must submit a new application. Examples would include: •Hedge/vegetation on neighboring property is removed (this is part of a new allowance as part of the screening requirement) or significant alteration of screening in general. •New equipment that exceeds prior equipment dimensions •Administrative Approval required for new equipment purchased by an eligible resident if the dimensions are the same or smaller but still exceed the limits in the code. Amendments Parking in Front Yard:create more flexibility for owners •24 hours for loading and unloading. •Limit to 4 times in a 14 day period. •Use the same limits for boats. Utility Connection: •Restore old language to prohibit occupation but allow connections periodically to maintain equipment/appliances. Recommendation Adoption of an Ordinance Amending Sections 18-35 and 18-35.1 to: •Allow additional time for loading and unloading equipment, •Exempt mechanical equipment on RVs from height restrictions, •Allow periodic utility connections to maintain equipment, •Relax screening requirements, and •Eliminate the special exception process and provide for a dimensional exception process for residents who owned and stored equipment on their properties on or before November 12, 2020. Page 1 of 10 ORDINANCE NO. 2020-___ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3 PALM BEACH, FLORIDA AMENDING ARTICLE III, “STOPPING, STANDING 4 AND PARKING,” OF CHAPTER 18, “MOTOR VEHICLES,” OF THE VILLAGE 5 CODE OF ORDINANCES BY AMENDING SECTION 18-35, “BOATS AND BOAT 6 TRAILERS; PARKING ON RESIDENTIAL PROPERTY RESTRICTED IN THE R -1 7 AND R-2 RESIDENTIAL ZONING DISTRICTS,” AND SECTION 18-35.1, 8 “RECREATIONAL VEHICLES AND TRAILERS; PARKING ON RESIDENTIAL 9 PROPERTY RESTRICTED IN R-1 AND R-2 ZONING DISTRICTS,” TO MODIFY 10 THE LOADING AND SCREENING REQUIREMENTS, ALLOW FOR PERIODIC 11 UTILITY CONNECTIONS FOR MAINTENANCE, ELIMINATE THE SPECIAL 12 EXCEPTION PROCESS AND PROVIDE FOR A NEW DIMENSIONAL EXCEPTION 13 PROCESS; PROVIDING FOR CODIFICATION; PROVIDING FOR 14 SEVERABILITY; PROVIDING FOR CONFLICTS; AND P ROVIDING FOR AN 15 EFFECTIVE DATE. 16 17 WHEREAS, through the adoption of Ordinance No. 2016-07, the Village Council amended and clarified 18 the regulations governing the parking and storage of boats, trailers and recreational equipment in the R-19 1 and the R-2 Zoning Districts; and 20 21 WHEREAS, through the adoption of Ordinance No. 2019-06, the Village Council amended these 22 regulations to: eliminate Village registration; modify the screening requirements for boats; prohibit chain 23 link fences with windscreens; extend the grow in period for vegetative screening; and modify the special 24 exception process; and 25 26 WHEREAS, the Village Council wishes to again amend these regulations to: allow additional time for 27 loading and unloading of such equipment; exempt mechanical equipment on recreational vehicles from 28 the height restriction; allow periodic utility connections to maintain the equipment and appliances; relax 29 the screening requirements; and eliminate the special exception process and provide for a dimensional 30 exception process for residents who owned and stored such equipment on their properties on or before 31 November 12, 2020; and 32 33 WHEREAS, the Village Council determines that the adoption of this Ordinance is in the interests of the 34 public health, safety and welfare of the Village and its residents. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 37 NORTH PALM BEACH, FLORIDA as follows: 38 39 Section 1. The foregoing “whereas” clauses are hereby ratified as true and are incorporated herein. 40 41 Section 2. The Village Council hereby amends Chapter 18, “Motor Vehicles and Traffic,” Article 42 III, “Stopping, Standing and Parking,” of the Village Code of Ordinances by amending Section 18-35 to 43 read as follows (new language is underlined and deleted language is stricken through): 44 45 Sec. 18-35. Boats and boat trailers; parking on residential property restricted in 46 R-1 and R-2 residential zoning districts. 47 Page 2 of 10 Boats and boat trailers shall be parked in the side or rear yard, or within 1 completely enclosed garages on sites containing a single family or duplex residence, 2 subject to the following conditions: 3 4 (1) A maximum of two (2) pieces of such equipment, inclusive of recreational 5 vehicles provided for in section 18-35.1, shall be permitted on a site at one time, 6 excluding those stored within a completely enclosed garage. Boats or personal 7 watercraft shall be on trailers, and a boat or up to two (2) personal watercraft on 8 a trailer shall be considered collectively as one (1) piece of equipment. 9 10 (2) Such parking shall be limited to such equipment owned or leased by and for the 11 use of the occupant of the site, except as otherwise provided in subsection (3) 12 below. 13 14 (3) The location for such parked equipment shall be in the rear yard at least five (5) 15 feet from the rear property line or in the side yard not projecting beyond the front 16 building line. Equipment, including equipment owned by a guest of an occupant, 17 may be temporarily parked on the site from the front building line to the paved 18 street or alleyway (including the swale/rights-of-way as long as no portion extends 19 into any sidewalk or street, but excluding the front yard) for a period of time not 20 to exceed four (4) twenty-four (24) hour periods in any fourteen (14) day seventy-21 two (72) hours in any thirty (30) day period unless prohibited by section 18-34.1. 22 23 (4) Such equipment shall, at all times, be currently registered and licensed as required 24 by the laws of the State of Florida and, if applicable, shall display a current 25 registration sticker and have attached a current vehicle license plate. 26 27 (5) When parked on the site, such equipment shall not be used for living or sleeping 28 quarters or for housekeeping or storage purposes and shall not have attached 29 thereto any water, sewer, electric or gas service connection, except as may be 30 required to maintain the equipment or appliances or recharge for the purpose of 31 recharging a vehicle’s storage batteries. 32 33 (6) Such equipment shall not exceed the maximum length, width, height and weight 34 permitted under applicable provisions of the motor vehicle laws of the State of 35 Florida; provided, however, the maximum length of the boat exclusive of the 36 trailer shall not exceed thirty (30) feet and the maximum height shall not exceed 37 twelve (12) feet, as measured from the ground. The length of the boat shall be 38 determined utilizing the boat’s state registration. 39 40 (7) Such equipment shall be securely affixed to the ground or removed immediately 41 upon the issuance of a hurricane or tropical storm warning by a recognized 42 government agency so that it will not be a hazard or menace during high winds or 43 hurricanes. 44 45 (8) All such equipment, when parked on site, shall be visually screened from the view 46 of abutting properties, street rights-of-way, and alleyways in accordance with 47 subsections (a) and (b) below. The line of sight shall be from the edge of abutting 48 Page 3 of 10 properties, street rights-of-way and alleyways closest to the site. Equipment is 1 not required to be screened from the right-of-way providing access to the rear or 2 side yard if such equipment is located behind a gate at least six (6) feet in height 3 and no more than twenty (20) feet wide. 4 5 (a) Screening shall be in the form of a properly anchored opaque wall, fence, 6 or gate (meeting all building code requirements) or an opaque a hedge or 7 other living vegetation, each with a minimum opacity of ninety percent 8 (90%). Walls, gates or fences shall be constructed in accordance with 9 section 45-36(D), and the use of chain link fencing with windscreens is 10 prohibited. Hedges or other living vegetation shall be planted in the 11 ground on the property on which the equipment is located and shall be of 12 sufficient height to screen such equipment. If screening located on the 13 same property as the equipment requires vegetation greater than four (4) 14 feet in height, vegetation shall be planted a minimum of four (4) feet at 15 grade and shall reach a sufficient height to screen such equipment within 16 two (2) years. Existing hedges or other living vegetation on an adjacent 17 property may be used to provide the required screening, provided, 18 however, that in the event the hedges or other living vegetation on an 19 adjacent property is removed and not replaced so as to provide the required 20 screening, screening shall be provided on the property on which the 21 equipment is located in accordance with the requirements of this section 22 or the equipment shall be removed from the property. Vegetation shall be 23 maintained at all times so as not to encroach onto neighboring properties 24 (if provided on the property on which the equipment is located) or rights-25 of-way. 26 27 (b) All boat hulls shall be fully screened, provided, however, that consoles, t-28 tops, canopies, outriggers, electronics and similar appurtenances atop the 29 boat may project beyond the screening material. Notwithstanding the 30 foregoing, boats with cabins must be fully screened on all sides. 31 32 (9) If covers are provided for the open part of boats, they shall be tightly fitted such 33 that they conform to the contours of the boat. Covers shall be a solid color. No 34 tarps shall be used. 35 36 (10) All such equipment and the associated parking areas shall be kept in a clean, neat 37 and presentable condition. Such equipment shall not be inoperable, wrecked, 38 junked, partially dismantled or abandoned. Major repairs or overhauling shall not 39 be conducted on the site. 40 41 (11) The village council finds that, as a matter of fact, boats are a customary accessory 42 use of the land in R-1 and R-2 zoning districts in the village. 43 44 (12) Such parked equipment shall not be used in the course of any commercial activity. 45 For this purpose, commercial activity shall include any type of business or activity 46 which is conducted on or off the subject premises. 47 48 Page 4 of 10 (13) Any resident who, on or before November 12, 2020, both (i) owns person seeking 1 to store on his or her property equipment that does not meet the dimensional 2 requirements of subsection (6) above or the setback from the rear property line 3 required by subsection (3) above and (ii) has stored such equipment on his or her 4 property may file an application for a special dimensional exception on a form 5 supplied by the community development department. No fee shall be charged for 6 such application. 7 8 (a) An applicant seeking an exception to the dimensional requirements or rear 9 setback requirement shall be required to demonstrate that due to the size, 10 shape or physical configuration of the property and the location of the 11 equipment, the applicant meets all non-dimensional requirements of this 12 section, including, but not limited to, setbacks and required screening. An 13 applicant seeking an exception to the rear setback requirement shall be 14 required to demonstrate that due to the size, shape or physical 15 configuration of the property, there is no suitable alternate storage location 16 on the property and the applicant meets all other requirements of this 17 section including, but not limited to, required screening, and that the 18 equipment will not significantly affect the natural light or increase the 19 shadows or shade on an adjacent property to the extent that the storage of 20 the equipment on the applicant’s property has a negative impact on the 21 neighbor’s enjoyment of his or her property. 22 23 (b) The application shall, at a minimum, be accompanied by the following 24 information: 25 26 1. Documentation demonstrating equipment ownership and date of 27 acquisition; 28 29 2. Identification of the location of the equipment as evidenced by 30 photographs and/or a sketch; and 31 32 3. Identification of the wall, fence or vegetation utilized for screening 33 in relation to adjacent properties as evidenced by photographs 34 and/or a sketch. 35 36 Upon receipt of a completed application, village staff will conduct a site 37 visit to verify compliance with the criteria set forth above and may require 38 the applicant to provide additional information to complete the application 39 process. 40 41 a survey demonstrating the precise location proposed for storage of the 42 equipment relative to adjacent properties and rights-of-way, and a site plan 43 showing the proposed screening material, including all walls, fences, gates 44 and landscaping. 45 46 (c) The community development department shall review the application to 47 ensure it is complete and prepare the necessary documentation for review 48 Page 5 of 10 by the planning commission. The planning commission shall review the 1 application at a public hearing and forward a recommendation of approval, 2 approval with conditions or denial to the village council. The village 3 council shall conduct a public hearing and approve, approve with 4 conditions or deny the application. The village council’s final 5 determination shall be set forth in a written order. 6 7 (d) The procedure and notice requirements for consideration of the special 8 exception application shall be as set forth in sections 45- 16.2(e) and (f) of 9 the village code The applicant shall be required to notify all adjacent 10 property owners, including the owners of properties separated from the 11 applicant’s property by a public or private right-of-way, of the council’s 12 consideration of the dimensional exception application. Such notice shall 13 be on a form supplied by the community development department. 14 Ownership shall be determined utilizing the county property appraiser’s 15 database. At least seven (7) days prior to the village scheduling the 16 dimensional application for consideration by the village council, the 17 applicant shall provide a notarized certification that such notice has been 18 provided to all adjacent property owners either via first class mail or hand-19 delivery. No additional notice shall be required. 20 21 (e) A dimensional exception shall not run with the property and the sale of the 22 property, a change in the occupant of the property, or a change in the 23 ownership of the equipment shall terminate the approval. Once a 24 dimensional exception has been granted by the village council, any 25 increase in the size of the equipment or significant alteration of the 26 required screening, including but not limited to, the removal of a hedge or 27 other living vegetation on adjacent property, shall require a new 28 application. Notwithstanding the foregoing, if a resident who has been 29 granted a dimensional exception acquires new equipment of the same or 30 smaller dimension that still exceeds the dimensional requirements set forth 31 in subsection (6) above, he or she shall be required to apply for 32 administrative approval on a form supplied by the community 33 development department. 34 35 Section 3. The Village Council hereby amends Chapter 18, “Motor Vehicles and Traffic,” Article 36 III, “Stopping, Standing and Parking,” of the Village Code of Ordinances by amending Section 18-35.1 37 to read as follows (new language is underlined and deleted language is stricken through): 38 39 Sec. 18-35.1. Recreational vehicles and trailers; parking on residential property 40 restricted in R-1 and R-2 residential zoning districts. 41 42 Recreational, campers, and camping equipment in the form of travel and/or 43 camping trailers, motor homes, personal use recreational use trailers including 44 motorcycle and all terrain vehicle trailers and vans, designed and used exclusively as 45 temporary living quarters for recreation, for camping, for travel and for other personal 46 recreation use, shall be parked in the side or rear yard, or within completely enclosed 47 Page 6 of 10 garages on sites containing a single family or duplex residence, subject to the following 1 conditions: 2 3 (1) A maximum of two (2) pieces of such equipment, inclusive of those provided for 4 in section 18-35, at a time shall be permitted on a site, excluding those stored 5 within a completely enclosed garage. No more than one (1) recreational vehicle 6 shall be permitted on site. 7 8 (2) Such parking shall be limited to such equipment owned or leased by and for the 9 use of the occupant of the site. 10 11 (3) The location for such parked equipment shall be in the rear yard at least five (5) 12 feet from the rear property line, or in the side yard not projecting beyond the front 13 building line. Equipment, including equipment owned by a guest of an occupant, 14 may be temporarily parked on the site from the front building line to the paved 15 street or alleyway (including the swale/rights-of-way as long as no portion extends 16 into any sidewalk or street) for a period of time not to exceed four (4) twenty-four 17 hour periods in any fourteen (14) day seventy-two (72) hours in any thirty (30) 18 period unless prohibited by section 18-34.1. 19 20 (4) Such equipment shall, at all times, be currently registered and licensed as required 21 by the laws of the State of Florida and, if applicable, shall display a current 22 registration sticker and have attached a current vehicle license plate. 23 24 (5) When parked on the site, such equipment shall not be used for living or sleeping 25 quarters or for housekeeping or storage purposes and shall not have attached 26 thereto any water, sewer, electric or gas service connection, except as may be 27 periodically required to maintain the equipment and appliances or recharge for the 28 purpose of recharging a vehicle’s storage batteries. 29 30 (6) Such equipment shall not exceed the maximum length, width, height and weight 31 permitted under applicable provisions of the motor vehicle laws of the State of 32 Florida; provided, however, the maximum length of the equipment exclusive of 33 the trailer shall not exceed thirty (30) feet and the maximum height shall not 34 exceed ten (10) feet, exclusive of affixed mechanical equipment. 35 36 (7) Such equipment shall be securely affixed to the ground or removed immediately 37 upon the issuance of a hurricane or tropical storm warning by a recognized 38 government agency so that it will not be a hazard or menace during high winds or 39 hurricanes. 40 41 (8) All such equipment, when parked on site shall be visually screened from the view 42 of abutting properties, street rights-of-way, and alleyways in accordance with the 43 requirements set forth below. The line of sight shall be from the edge of abutting 44 properties, street rights-of-way and alleyways closest to the site. Equipment is 45 not required to be screened from the right-of-way providing access to the rear or 46 side yard if such equipment is located behind a gate at least six (6) feet in height 47 and no more than twenty (20) feet wide. 48 Page 7 of 10 1 Screening shall be in the form of a properly anchored opaque wall, fence or gate 2 (meeting all building code requirements) or an opaque a hedge or other living 3 vegetation, each with a minimum opacity of ninety percent (90%). Walls, gates 4 or fences shall be constructed in accordance with section 45-36(D), and the use of 5 chain link fencing with windscreens is prohibited. Hedges or other living 6 vegetation shall be planted in the ground on the property on which the equipment 7 is located and shall be of sufficient height to screen such equipment. If screening 8 located on the same property as the equipment requires vegetation greater than 9 four (4) feet in height, vegetation shall be planted a minimum of four (4) feet at 10 grade and shall reach a sufficient height to screen such equipment within two (2) 11 years. Existing hedges or other living vegetation on an adjacent property may be 12 used to provide the required screening, provided, however, that in the event the 13 hedges or other living vegetation on an adjacent property is removed and not 14 replaced so as to provide the required screening, screening shall be provided on 15 the property on which the equipment is located in accordance with the 16 requirements of this section or the equipment shall be removed from the property. 17 Vegetation shall be maintained at all times so as not to encroach onto neighboring 18 properties (if provided on the property on which the equipment is located) or 19 rights-of-way. 20 21 (9) All such equipment and the associated parking areas shall be kept in a clean, neat 22 and presentable condition. Such equipment shall not be inoperable, wrecked, 23 junked, partially dismantled or abandoned. Major repairs or overhauling shall not 24 be conducted on the site. 25 26 (10) The village council finds that, as a matter of fact, recreational equipment and 27 camping equipment are customary accessory uses of the land in R-1 and R-2 28 zoning districts in the village. 29 30 (11) Such parked equipment shall not be used in the course of any commercial activity. 31 For this purpose, commercial activity shall include any type of business or activity 32 which is conducted on or off the subject premises. 33 34 (12) Any resident who, on or before November 12, 2020, both (i) owns person seeking 35 to store on his or her property equipment that does not meet the dimensional 36 requirements of subsection (6) above or the setback from the rear property line 37 required by subsection (3) above and (ii) has stored such equipment on his or her 38 property, may file an application for a special dimensional exception on a form 39 supplied by the community development department. No fee shall be charged for 40 such application. 41 42 (a) An applicant seeking an exception to the dimensional requirements or rear 43 setback requirement shall be required to demonstrate that due to the size, 44 shape or physical configuration of the property and the location of the 45 equipment, the applicant meets all non-dimensional requirements of this 46 section, including, but not limited to, setbacks and required screening. An 47 applicant seeking an exception to the rear setback requirement shall be 48 Page 8 of 10 required to demonstrate that due to the size, shape or physical 1 configuration of the property, there is no suitable alternate storage location 2 on the property and the applicant meets all other requirements of this 3 section including, but not limited to, required screening, and that the 4 equipment will not significantly affect the natural light or increase the 5 shadows or shade on an adjacent property to the extent that the storage of 6 the equipment on the applicant’s property has a negative impact on the 7 neighbor’s enjoyment of his or her property. 8 9 (b) The application shall, at a minimum, be accompanied by the following 10 information: 11 12 1. Documentation demonstrating equipment ownership and date of 13 acquisition; 14 15 2. Identification of the location of the equipment as evidenced by 16 photographs and/or a sketch; and 17 18 3. Identification of the wall, fence or vegetation utilized for screening 19 in relation to adjacent properties as evidenced by photographs 20 and/or a sketch. 21 22 Upon receipt of a completed application, village staff will conduct a site 23 visit to verify compliance with the criteria set forth above and may require 24 the applicant to provide additional information to complete the application 25 process. 26 27 a survey demonstrating the precise location proposed for storage of the 28 equipment relative to adjacent properties and rights-of-way, and a site plan 29 showing the proposed screening material, including all walls, fences, gates 30 and landscaping. 31 32 (c) The community development department shall review the application to 33 ensure it is complete and prepare the necessary documentation for review 34 by the planning commission. The planning commission shall review the 35 application at a public hearing and forward a recommendation of approval, 36 approval with conditions or denial to the village council. The village 37 council shall conduct a public hearing and approve, approve with 38 conditions or deny the application. The village council’s final 39 determination shall be set forth in a written order. 40 41 (d) The procedure and notice requirements for consideration of the special 42 exception application shall be as set forth in sections 45- 16.2(e) and (f) of 43 the village code The applicant shall be required to notify all adjacent 44 property owners, including the owners of properties separated from the 45 applicant’s property by a public or private right-of-way, of the council’s 46 consideration of the dimensional exception application. Such notice shall 47 be on a form supplied by the community development department. 48 Page 9 of 10 Ownership shall be determined utilizing the county property appraiser’s 1 database. At least seven (7) days prior to the village scheduling the 2 dimensional application for consideration by the village council, the 3 applicant shall provide a notarized certification that such notice has been 4 provided to all adjacent property owners either via first class mail or hand-5 delivery. No additional notice shall be required. 6 7 (e) A dimensional exception shall not run with the property and the sale of the 8 property, a change in the occupant of the property, or a change in the 9 ownership of the equipment shall terminate the approval. Once a 10 dimensional exception has been granted by the village council, any 11 increase in the size of the equipment or significant alteration of the 12 required screening, including but not limited to, the removal of a hedge or 13 living vegetation on adjacent property, shall require a new application. 14 Notwithstanding the foregoing, if a resident who has been granted a 15 dimensional exception acquires new equipment of the same or smaller 16 dimension that still exceeds the dimensional requirements set forth in 17 subsection (6) above, he or she shall be required to apply for 18 administrative approval on a form supplied by the community 19 development department. 20 21 Section 4. The provisions of this Ordinance shall become and be made a part of the Code of the 22 Village of North Palm Beach, Florida. 23 24 Section 5. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any 25 reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding 26 shall not affect the remainder of this Ordinance. 27 28 Section 6. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict 29 herewith are hereby repealed to the extent of such conflict. 30 31 Section 7. This Ordinance shall take effect immediately upon adoption. 32 33 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2020. 34 35 PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF ___________, 36 2021. 37 38 39 (Village Seal) 40 MAYOR 41 42 ATTEST: 43 44 45 VILLAGE CLERK 46 47 48 Page 10 of 10 APPROVED AS TO FORM AND 1 LEGAL SUFFICIENCY: 2 3 4 VILLAGE ATTORNEY 5 VILLAGE OF NORTH PALM BEACH VILLAGE ATTORNEY’S OFFICE TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Leonard G. Rubin, Village Attorney DATE: January 14, 2021 SUBJECT: MOTION – Waiver of residency requirement for Planning Commission member (Lori Rainaldi) The Village Council appointed Lori Rainaldi as an alternate member of the Planning Commission in 2018 and as a regular member in 2019. Her term currently expires on April 30, 2021. Ms. Rainaldi has informed the Village that while she will remain the owner of property in the Village, she has temporarily relocated her residence to the City of Palm Beach Gardens. She hopes to regain Village residency in the near future. Section 2-1(f)(2) of the Village Code of Ordinances requires that all members of Village boards and committees shall be residents of the Village and maintain residency in the Village during the term of appointment unless waived by the Village Council. Given that the Council has not made any new appointments to Village boards and committees since 2019 and in recognition of Ms. Rainaldi’s continuous service to the Village, Staff is recommending that Council grant a residency waiver to Ms. Rainaldi to serve the remainder of her term or until such time as the Council appoints new members to the Planning Commission. Pursuant to section 2-1(h)(2) of the Village Code of Ordinances, board and committee members whose terms have expired continue to serve until their successors are appointed. There is no fiscal impact. Recommendation: Village Staff recommends Council consideration and approval of a residency waiver for Planning Commission member Lori Rainaldi until the expiration of her term on April 30, 2021 or until such time as the Council appoints a successor member to the Village’s Planning Commission. VILLAGE OF NORTH PALM BEACH FIRE RESCUE DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: J.D. Armstrong, Fire Chief DATE: January 14, 2021 SUBJECT RESOLUTION – Approving an Agreement for Medical Director Services with Rolando Cabrera, D.O., for the Fire Rescue Department Chapter 401, Florida Statutes, and Rule 64J-1.004, Florida Administrative Code, require the Village retain a Medical Director to direct emergency medical services. For the past twelve years, that position has been filled by Scott McFarland, M.D. As of December 16, 2020, Dr. McFarland resigned this position. In order to remain in compliance with Florida law and provide a continuum of care to the residents and guests of the Village, it was necessary to immediately fill this position. On December 17, 2020, the Village entered into a contract with Rolando Cabrera, D.O., to serve as the Village’s Medical Director. Dr. Cabrera is a duly qualified emergency room physician working at Palm Beach Gardens Medical Center. Further, Dr. Cabrera agreed to accept the terms of the existing Medical Director contract with no changes and, after review, approved the Fire Rescue Department’s emergency medical protocols as written without change. Account Information: Fund Department / Division Account Number Account Description Amount General Fund Fire Rescue A5812-33190 Professional Services $14,400 The attached Resolution and Agreement have been prepared and/or reviewed for legal sufficiency by the Village Attorney. Recommendation: Village Administration requests Council consideration and approval of the attached Resolution approving, retroactive to December 17, 2020, a multi-year contract between the Village and Rolando Cabrera, D.O., for Medical Director Services at an annual cost of $14,400, with funds expended from Account No. A5812-33190 (Fire Rescue – Professional Services) and authorizing the Village Manager to execute the Agreement in accordance with Village poli cies and procedures. RESOLUTION 2021- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AGREEMENT FOR MEDICAL DIRECTOR SERVICES WITH ROLANDO CABRERA, D.O., AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 401, Florida Statutes, and Rule 64J -1.004, Florida Administrative Code, require the Village, as a provider of Advanced Life Support and Basic Life Support emergency medical services, to contract with a duly qualified physician to serve as its Medical Director; and WHEREAS, through the adoption of Resolution No. 2011-12 on January 13, 2011, the Village Council approved an Agreement for Medical Director Services with Scott McFarland, M.D.; and WHEREAS, due to Dr. McFarland’s sudden resignation and to ensure continued compliance with Florida law, the Village Manager executed a new Agreement for Medical Director Services with Rolando Cabrera, D.O., under the same terms and conditions; and WHEREAS, the Village Council wishes to approve the Agreement with Dr. Cabrera and determines that the adoption of this Resolution, including the waiver of any applicable purchasing policies and procedures, is in best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing “whereas” clauses are hereby ratified and incorporated herein. Section 2. The Village Council hereby approves an Agreement for Medical Director Services with Roland Cabrera, D.O., a copy of which is attached hereto and incorporated herein, at an annual cost of $14,400, with funds expended from Account No. A5812-33190 (Fire Rescue – Professional Services). The Village Council further authorizes the Village Manager to execute the Agreement on behalf of the Village. Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall be effective retroactive to December 17, 2020. PASSED AND ADOPTED THIS _____ DAY OF ___________________, 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK VILLAGE OF NORTH PALM BEACH PUBLIC WORKS DEPARTMENT TO: Honorable Mayor and Members of the Village Council THRU: Andrew D. Lukasik, Village Manager FROM: DATE: Steven J. Hallock, Director of Public Works January 14, 2021 SUBJECT: RESOLUTION – Approval of an updated Interlocal Agreement (ILA) with the Solid Waste Authority (SWA) of Palm Beach County for the delivery of municipal solid waste to designated facilities and for a municipal revenue sharing recycling program. During its last session, the Florida Legislature amended Section 403.706, Florida Statutes, to require that the certain language be included in all new and renewed contracts between municipalities or counties and private waste haulers as well as contracts between a county or municipality and a Recovered Materials Processing Facility. The intended goal of such language is to reduce contamination in recycling. The SWA is the entity responsible for providing the countywide recycling program, achieving the state- mandated recycling goals, and operating the Recovered Materials Processing Facility. As a result, the Village already has an ILA with SWA for recycling services and revenue sharing. The ILA revision contains the language that meets all of the new statutory requirements, updates the terms to reflect current industry definitions, and simplifies the structure. There have been no substantive changes to the terms and conditions of the existing ILA, and the Village currently meets or exceeds all of the ILA requirements. As a result, there will be no changes in the Village’s sanitation operations, expenditures or revenue. The attached Resolution and Contract have been prepared and/or reviewed by the Village Attorney for legal sufficiency. There is no fiscal impact. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution approving an updated Interlocal Agreement with the Solid Waste Authority (SWA) of Palm Beach County for the delivery of municipal solid waste to designated facilities and for a municipal revenue sharing recycling program and authorizing the Mayor and Village Clerk to execute the Agreement in accordance with Village policies and procedures. RESOLUTION 2021- 1 2 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3 PALM BEACH, FLORIDA, APPROVING AN UPDATED INTERLOCAL 4 AGREEMENT WITH THE SOLID WASTE AUTHORITY OF PALM BEACH 5 COUNTY FOR THE DELIVERY OF SOLID WASTE TO DESIGNATED 6 FACILITIES AND FOR A MUNICIPAL RECYCLING PROGRAM AND 7 AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE 8 AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN 9 EFFECTIVE DATE. 10 11 WHEREAS, through the adoption of Resolution No. 2009-57, the Village approved an Interlocal 12 Agreement for the Delivery of Municipal Solid Waste to Designated Facilities and for a Municipal 13 Revenue Sharing Recycling Program with the Solid Waste Authority of Palm Beach County (“SWA”); 14 and 15 16 WHEREAS, due to revisions to Chapter 403, Florida Statutes, intended to reduce contamination in 17 recycling, SWA has presented the Village with an updated Interlocal Agreement reflecting the new 18 statutory language; and 19 20 WHEREAS, the Village Council determines that the execution of the Interlocal Agreement is in the 21 interest of the public health, safety and welfare. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM 24 BEACH, FLORIDA as follows: 25 26 Section 1. The foregoing recitals are ratified as true and are incorporated herein. 27 28 Section 2. The Village Council hereby approves the updated Interlocal Agreement for the Delivery 29 of Municipal Solid Waste to Designated Facilities and for a Municipal Revenue Sharing Recycling 30 Program, a copy of which is attached hereto and incorporated herein by reference, and authorizes the 31 Mayor and Village Clerk to execute the Agreement on behalf of the Village. 32 33 Section 3. All resolutions in conflict with this Resolution are hereby repealed to the extent of such 34 conflict. 35 36 Section 4. This Resolution shall become effective immediately upon adoption. 37 38 PASSED AND ADOPTED THIS _____ DAY OF ________________, 2021. 39 40 41 (Village Seal) 42 MAYOR 43 ATTEST: 44 45 46 VILLAGE CLERK 47 VILLAGE OF NORTH PALM BEACH OFFICE OF THE VILLAGE ATTORNEY TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Leonard G. Rubin, Village Attorney DATE: January 14, 2021 SUBJECT: RESOLUTION – Approval of Interlocal Agreement with Palm Beach County for Building Permit Services for an area within the Village adjacent to Canal Road Village Staff was contacted by Jean and Sharon Halle (“Halle”), the owners of property at 2231 Canal Road (“Residential Lot”) within unincorporated Palm Beach County just north of the Prosperity Harbor PUD. Halle wishes to construct a dock across a “water parcel” owned by Halle (“Water Lot”) located immediately to the west of his home. The Water Lot was originally owned by Pulte Homes, the developer of the Prosperity Harbor PUD, and is located within the Village of North Palm Beach. Because the dock would be accessory to the Residential Lot located in the County and not the Village, the Village could not issue a permit for an accessory residential dock. In discussing the issue with both Halle and the County, the Village originally proposed annexing the six homes located along the eastern end of Canal Road because that area is an enclave as defined by state statute. However, there was resistance to annexation by the homeowners. While Halle could voluntarily annex just the Residential Lot into the Village, Village Staff was concerned about the delivery of municipal services to just one home on Canal Road. Based on the foregoing, the County and the Village collectively determined that the simplest and most expedient way to address this issue was to execute an Interlocal Agreement whereby the Village granted the County the authority to process and issue building permits for accessory structures located on the Water Lot. Halle agreed to pay all costs associated with the development and review of the Interlocal Agreement. This is similar to the procedure set forth in a prior 2019 Interlocal Agreement whereby the County granted the Village the right to process and issue building permits for accessory structures located in the C-17 right-of-way along Laurel Road where the homes were located in the Village and the right-of- way was located in the County. The attached Interlocal Agreement grant’s the County’s Building Department the authority to accept, process, and issue building permits for accessory structures located on the Water Lot. All such permits shall be subject to the Florida Building Code, as well as all Village and County Code requirements. The Interlocal Agreement shall be in effect through September 30, 2021 and shall automatically renew for subsequent fiscal years unless terminated by either the County or the Village with sixty days’ notice. As compensation for providing such services, the County shall retain all building permit fees. The attached Resolution and Interlocal Agreement have been reviewed for legal sufficiency. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution approving an Interlocal Agreement with Palm Beach County to allow the County to provide Building Permit Services for accessory structures on a lot within the Village adjacent to 2231 Canal Road within the County and authorizing the Mayor and Village Clerk to execute the Interlocal Agreement in accordance with Village policies and procedures. RESOLUTION 2021-____ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR BUILDING PERMIT SERVICES FOR A PARCEL OF PROPERTY IMMEDIATELY WEST OF 2231 CANAL ROAD AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owners of 2231 Canal Road, located in unincorporated Palm Beach County, also own a lot immediately to the west of the property located within the Village; and WHEREAS, the property owners wish to construct a dock across the property within the Village; however, the Village lacks the authority to issue a permit for an accessory dock when the primary structure is located in the County; and WHEREAS, the Village and Palm Beach County wish to execute an Interlocal Agreement granting the County the authority to accept, process and issue building permits for such accessory structure; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the interests of the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are ratified and are incorporated herein. Section 2. The Village Council approves the Interlocal Agreement with Palm Beach County whereby the County would for Building Permit Services within a portion of the Village located immediately west of 2231 Canal Road, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Interlocal Agreement on behalf of the Village. Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED THIS DAY OF , 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Page 1 of 11 INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE VILLAGE OF NORTH PALM BEACH PROVIDING FOR BUILDING PERMITTING SERVICES WITHIN A PORTION OF THE VILLAGE OF NORTH PALM BEACH BY PALM BEACH COUNTY. This Interlocal Agreement is entered into this _____day of ____________, 2020 by and between: PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY;” AND THE VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under the laws of the State of Florida, whose permanent address is 501 U.S. Highway One, North Palm Beach, FL 33408, hereinafter referred to as "VILLAGE." The VILLAGE and COUNTY are jointly referred to as “parties.” W I T N E S S E T H: WHEREAS, Section 163.01, Florida Statutes, known as the “Florida Interlocal Cooperation Act of 1969" authorizes local governments to enter into intergovernmental agreements to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Section 163.01, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the health, safety, and welfare of the residents of the COUNTY and the VILLAGE will best be served by COUNTY providing building permitting services for accessory structures within parcel number 68434205230220000, as shown in Exhibit B; and WHEREAS, VILLAGE is desirous of contracting with COUNTY to provide such building permitting services; and WHEREAS, this Agreement evidences the intentions of the respective parties to cooperate with each other in furtherance of the public's interest. NOW, THEREFORE, in consideration of the mutual obligations and undertakings described below, the parties do hereby agree as follows: Page 2 of 11 1. PURPOSE OF AGREEMENT This Interlocal Agreement is for the purpose of VILLAGE contracting with COUNTY to provide building permitting services for accessory structures within parcel number 68434205230220000, as more particularly set forth in the Scope of Work, attached hereto as Exhibit A. 2. COOPERATION / LIAISON To facilitate this Interlocal Agreement, including the Scope of Work included in Exhibit A and the Map of Affected Area included in Exhibit B, (together the “Agreement”) VILLAGE’s liaison shall provide COUNTY with any information COUNTY needs in order to provide the building permitting services described in Exhibit A when such information is within the VILLAGE’s control and when the VILLAGE is not otherwise prohibited from providing such information to the COUNTY. COUNTY's liaison during the term of this Agreement is: Palm Beach County Building Division, Attn: Building Official, 2300 N. Jog Road, West Palm Beach, Florida, 33411, phone: (561) 233-5192. VILLAGE’s liaison during the term of this Agreement is: Village of North Palm Beach Department of Community Development, Attn: Jeremy Hubsch, Director, 420 U.S. Highway One, Suite 21, North Palm Beach, Florida, 33408, phone: (561) 841-3369. 3. ADMINISTRATION / IMPLEMENTATION OF AGREEMENT Rendition of service, standards of performance, discipline of officers and employees, and other matters incidental to performance of services and control of personnel shall remain with COUNTY. This Agreement does not make officers and employees of COUNTY agents, employees, or legal representatives of VILLAGE, for any purpose whatsoever, and they are in no way authorized to make any contract, agreement, warranty, or representation on behalf of VILLAGE, or to create any obligation on behalf of VILLAGE. 4. LIABILITY / INDEMNIFICATION Each party shall be liable for its own actions and negligence and, to the extent permitted by law, COUNTY shall indemnify, defend and hold harmless VILLAGE against any actions, claims, or damages arising out of COUNTY’s negligence in connection with this Agreement, and VILLAGE shall indemnify, defend and hold harmless COUNTY against any actions, claims, or damages arising out of VILLAGE’s negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond or alter the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party’s, or any third party’s , negligent, willful or intentional acts or omissions. Page 3 of 11 5. INSURANCE COUNTY and VILLAGE are municipal entities or political subdivisions of the State of Florida subject to the limitations of Section 768.28, Florida Statutes, as amended. Each shall maintain fiscally prudent liability programs with regard to each party’s respective obligations under this Agreement. Nothing herein shall serve as a waiver of sovereign immunity. COUNTY and VILLAGE agree that if either contracts with a third-party to perform any services related to this Agreement, COUNTY or VILLAGE shall require the following insurance from such third-party: a. Commercial General Liability with minimum limits of $500,000 per occurrence. b. Workers’ Compensation in compliance with Florida Statutes, Chapter 440. Policy shall include coverage for Employer’s Liability. 6. EFFECTIVE DATE / TERM OF AGREEMENT This Interlocal Agreement shall be in effect from the Effective Date to September 30, 2021, and shall be automatically renewed thereafter on September 30 of each year for a period of one fiscal year (October 1 to September 30) unless terminated as provided for in Section 7 herein. The Effective Date is the first date as of which: (1) both the Mayor of the Palm Beach County Board of County Commissioners and the Mayor of the Village of North Palm Beach have executed the Agreement; and (2) the Agreement has been filed with the Clerk, pursuant to Section 19 of this Agreement. 7. TERMINATION This Agreement may be terminated by either party upon sixty (60) days ’ written notice by the terminating party to the other party, with or without cause. The COUNTY shall complete processing and issuance of any application for a permit submitted to the COUNTY prior to the date of termination of this Agreement. 8. AMENDMENTS This Agreement may be amended only by written document fully executed by both parties and formal action of the Board of County Commissioners of COUNTY and the Village Council of VILLAGE. 9. LEVEL OF SERVICE The level of service provided by COUNTY pursuant to this Agreement shall be the same level of service provided by COUNTY for unincorporated Palm Beach County. Page 4 of 11 10. NOTICE All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the following: COUNTY THE VILLAGE Palm Beach County Building Division, Attn: Building Official Andrew D. Lukasik, Village Manager 2300 N. Jog Road 501 U.S. Highway One West Palm Beach, FL 33411 North Palm Beach, FL 33408 With a copy to: COUNTY THE VILLAGE Palm Beach County Attorney’s Office Leonard G. Rubin, Village Attorney 301 N. Olive Avenue 701 Northpoint Parkway, Suite 209 West Palm Beach, FL 33401 West Palm Beach, FL 33407 11. NON-DISCRIMINATION COUNTY is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination. Pursuant to Palm Beach County Resolution R2017-1770, as may be amended, the VILLAGE warrants and represents that throughout the term of this Agreement, including any renewals thereof, if applicable, all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression, or genetic information. Failure to meet this requirement shall be considered default of this Agreement. 12. INSPECTOR GENERAL Notwithstanding any other provision in this Agreement, all documents, records, reports and any other materials produced hereunder shall be subject to disclosure, inspection and audit, pursuant to the Palm Beach County Office of the Inspector General, Palm Beach County Code, Sections 2-421 - 2-440, as amended. Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 - 2-440, as may be amended. The Inspector General’s authority includes but is not limited to the power to review past, present and proposed COUNTY contracts, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of VILLAGE, its officers, agents, employees, and lobbyists in order to ensure compliance with contract requirements and detect corruption and fraud. Page 5 of 11 Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2 -421 - 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second- degree misdemeanor. 13. PUBLIC RECORDS Notwithstanding anything contained herein, as provided under Section 119.0701, Florida Statutes, if the VILLAGE: (i) provides a service; and (ii) acts on beha lf of COUNTY as provided under Section 119.011(2), Florida Statutes, VILLAGE shall comply with the requirements of Section 119.0701, Florida Statutes, as it may be amended from time to time. The VILLAGE is specifically required to: A. Keep and maintain public records required by COUNTY to perform services as provided under this Agreement. B. Upon request from COUNTY’s Custodian of Public Records, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. VILLAGE further agrees that all fees, charges and expenses shall be determined in accordance with Palm Beach County PPM CW -F-002, Fees Associated with Public Records Requests, as it may be amended or replaced from time to time. C. Ensure that public records that are exempt, or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following termination of the Agreement, if VILLAGE does not transfer the records to COUNTY. D. Upon termination of the Agreement, VILLAGE shall transfer, at no cost to COUNTY, all public records in possession of VILLAGE unless notified by COUNTY’s representative/liaison, on behalf of COUNTY’s Custodian of Public Records, to keep and maintain public records required by COUNTY to perform the service. If VILLAGE transfers all public records to COUNTY upon termination of the Agreement, VILLAGE shall destroy any duplicate public records that are exempt, or confidential and exempt from public records disclosure requirements. If VILLAGE keeps and maintains public records upon termination of the Agreement, VILLAGE shall meet all applicable requirements for retaining public records. All records stored electronically by VILLAGE must be provided to COUNTY, upon request of COUNTY’s Custodian of Public Records, in a format that is compatible with the information technology systems of COUNTY, at no cost to COUNTY. Page 6 of 11 Failure of VILLAGE to comply with the requirements of this Section 13 shall be a material breach of this Agreement. COUNTY shall have the right to exercise any and all remedies available to it, including, but not limited to, the right to terminate for cause. VILLAGE acknowledges that it has familiarized itself with the requirements of Chapter 119 , Florida Statutes, and other requirements of state law applicable to public records not specifically set forth herein. IF VILLAGE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO VILLAGE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT RECORDS REQUEST, PALM BEACH COUNTY PUBLIC AFFAIRS DEPARTMENT, 301 N. OLIVE AVENUE, WEST PALM BEACH, FL 33401, BY E-MAIL AT RECORDSREQUEST@PBCGOV.ORG OR BY TELEPHONE AT 561- 355-6680. 14. DELEGATION OF DUTY Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of COUNTY or VILLAGE officers. 15. ANNUAL APPROPRIATION Each party's performance and obligation to pay under this Agreement is contingent upon an annual budgetary appropriation by its respective governing body for subsequent fiscal years. 16. PAYMENT FOR SERVICES COUNTY shall collect all Building Permit Fees from applicants submitting applications to COUNTY for building permit services described in Exhibit A. Such fees shall serve as full and complete payment for COUNTY'S services. 17. REMEDIES This Agreement shall be construed and governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Agreement shall be filed in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 18. EXECUTION OF AGREEMENT This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original. All of which shall constitute one (1) and the same instrument. Page 7 of 11 19. FILING A copy of this Agreement shall be filed by COUNTY with the Clerk of the Circuit Court in and for Palm Beach County, Florida. 20. ENFORCEMENT COSTS Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties, provided, however, that this clause pertains only to the parties to this Agreement. 21. ENTIRE AGREEMENT This Agreement represents the entire understanding and agreement between the parties with respect to the matter hereof. 22. JOINT PREPARATION The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not be construed more severely against one of the parties than the other. 23. BINDING EFFECT All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors and permitted assigns. 24. ASSIGNABILITY The responsibility for carrying out any responsibility assumed by any party to this Agreement may not be assigned. 25. NO THIRD-PARTY BENEFICIARY No provision of this Agreement is intended to, or shall be construed to, create any third-party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employee o f COUNTY and/or VILLAGE. 26. SEVERABILITY If any part of this Agreement is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby Page 8 of 11 and shall be given full force and effect. 27. E-VERIFY; EMPLOYMENT ELIGIBILITY The parties to this Agreement warrant and represent that each is in compliance with section 448.095, Florida Statutes, as may be amended. No later than January 1, 2021, each party shall: (1) register with and use the E-Verify System (E-Verify.gov), to electronically verify the employment eligibility of all newly hired workers. Either party to this Agreement shall terminate this Agreement if it has a good faith belief that the other party has knowingly violated Section 448.09(1), Florida Statutes, as may be amended. IN WITNESS THEREOF, PALM BEACH COUNTY, Florida, has caused this Interlocal Agreement to be executed by the Mayor of its Board of County Commissioners and the seal of said Board to be affixed to and attested to by the Clerk of said Board, pursuant to authority granted by said Board; and the VILLAGE OF NORTH PALM BEACH, Florida, has caused this Interlocal Agreement to be executed in its corporate name by its Mayor and its corporate seal to be affixed hereto, attested by the VILLAGE's Clerk, the date and year first written above. PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida Attest: SHARON R. BOCK BOARD OF COUNTY COMMISSIONERS Clerk & Comptroller By_____________________ By_________________________________ Deputy Clerk Dave Kerner, Mayor APPROVED AS TO APPROVED AS TO TERMS AND LEGAL SUFFICIENCY: CONDITIONS: _______________________ _____________________________________ Assistant County Attorney Ramsay J. Bulkeley, Executive Director, PZ&B Page 9 of 11 VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation Attest: By___________________________ Mayor __________________________ Village Clerk ___ day of ____________, ____ (date) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By_______________________ Village Attorney Page 10 of 11 EXHIBIT A: SCOPE OF WORK The Palm Beach County Building Division shall provide the following services: Accept, process, and issue building permits for all accessory structures, including, but not limited to, docks, seawalls and boat lifts, within parcel number 68434205230220000, as reflected in Exhibit B. All such building permits shall be subject to all applicable laws, ordinances, and regulations, including the Florida Building Code and the VILLAGE’s Code of Ordinances. VILLAGE shall be solely responsible for determining compliance with the VILLAGE’s Code of Ordinances. COUNTY shall verify compliance with the VILLAGE’s Code of Ordinances prior to the issuance of any permits for accessory structures by contacting Jeremy Hubsch, Community Development Director at jhubsch@village- npb.org or (561) 841-3369. EXHIBIT B Parcel Control Number: Legal: Tract V, Prosperity Harbor North, Plat Book 85, Pages 103 - 109, Public Records, Palm Beach County, FL VILLAGE OF NORTH PALM BEACH PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY NOVEMBER 10, 2020 Present: Cory Cross, Chairman Donald Solodar, Vice Chair Thomas Hogarth, Member Jake Furlott, Member Lori Rainaldi, Member Kathryn DeWitt, Member Len Rubin, Village Attorney Jeremy Hubsch, Community Development Director Alex Ahrenholz, Principal Planner Not Present: Jonathan Haigh, Member I. CALL TO ORDER Chairman Cross called the meeting to order at 6:30 PM. IA. ROLL CALL All members of the Planning Commission were present except Mr. Haigh. II. APPROVAL OF MINUTES The Minutes of the October 6, 2020 Regular Meeting were approved as written. III. DELARATION OF EX PARTE COMMUNICATIONS There were no Ex Parte Communications declared by the Board. IV. QUASI JUDICIAL MATTERS / PUBLIC HEARING Attorney Len Rubin swears in all persons speaking. A. CERTIFICATES OF APPROPRIATENESS 1. COA 2020-1061: IHOP Request: Application by Designs To Go on behalf of HOPI 312 LLC, for the replacement of existing monument and wall signage for IHOP restaurant. Minutes of Village Planning Commission Regular Meeting held on November 10, 2020 2 Mr. Ahrenholz presented the Staff report and recommendation. The Applicant is seeking to replace the existing monument and wall signage. The IHOP restaurant was constructed in 1968 and has remained largely unchanged since then. The restaurant is located on the SE corner of the US-1 Bridge over the C17 Canal (also known as the Earman River). The existing building and monument signage were installed in 2007. Though the current signs are still in good condition, the national IHOP branding has changed, which requires an update to the signage on site. The monument sign will remain in its current location along the north edge of the parking lot . The Applicant is proposing to update the existing sign face to include the new IHOP logo. The building sign will eliminate the cabinet in exchange for individual channel letters. Both signs will be internally lit at night. Staff requests the Commission include the following condition(s) as a part of their order: 1. Obtain a sign permit for the scope of work as provided herein. The Planning Commissions members discussed whether the sign could have individual letters in lieu of the raceway; what color will the raceway be painted; and what is the area for the wall sign. Kevin Canapa, Designs To Go, 4317 10th Ave. N., Lake Worth, was present to represent the project. Motion: Mr. Solodar moved to approve the application with Staff’s recommendation. Ms. Rainaldi seconded the motion, which passed 6-0. 2. COA 2020-1858: Gemini Club Request: Application by Infinity Signs & Graphix on behalf of the Gemini Condominium association for a new monument sign along Golfview Rd. Mr. Ahrenholz presented the Staff report and recommendation. The Applicant requesting to install a new monument sign along Golfview Rd. There is currently no monument sign on Golfview Rd and 1 is allowed per multifamily residential complex. The sign is permitted a maximum area of 32 square feet and height of 8 feet. The proposed sign will be 3 different gray tones with black pin mounted lettering. The proposed colors of the sign will match the new color of the condo building. The entire sign structure will be aluminum and setback 20 feet from the front property line in a currently open grass area. The sign will be externally lit at night by spotlights placed in front of the sign. There will also be small shrubs planted around the sign. Staff requests the Commission include the following condition(s) as a part of their order: 1. Obtain a permit for the scope of work as provided herein. 2. Landscape specifications shall be included with the permit. Shrubs shall be maintained at a minimum height of thirty (30) inches. 3. An electrical permit shall be submitted for proposed lighting prior to signage permit approval. The Chairman opened the floor for comments from the public. There were no comments from the public. Bill Fuhs, 336 Golfview Rd., North Palm Beach was present to represent the project. Mr. Fuhs stated that he had an issue with the requirement for a 30 inch high shrub around the base of the monument which would cover the sign. He suggests elevating the ground to raise the sign up to accommodate the shrubs. Minutes of Village Planning Commission Regular Meeting held on November 10, 2020 3 The Planning Commissions members discussed options to raise the height of the sign to accommodate the landscape requirement; what colors the sign will be painted; and whether the radial detail between the base and the sign can be kept intact. Motion: Mr. Hogarth moved to approve the application as presented, including Staff’s recommendations of: 1. Obtain a permit for the scope of work as provided herein. 2. Landscape specifications shall be included with the permit. Shrubs shall be maintained at a minimum height of thirty (30) inches. 3. An electrical permit shall be submitted for proposed lighting prior to signage permit approval; and the condition that the sign be raised with the overall sign height not to exceed eight feet above grade, to accommodate the landscape requirement. Mr. Furlott seconded the motion, which passed 6-0. 3. COA 2020-1770: Frigates Request: Application submitted by Steve Muller on behalf of Frigates Holdings, LLC, requesting a Certificate of Appropriateness for an air conditioning enclosure. Mr. Ahrenholz presented the Staff report and recommendation. The applicant is requesting a Certificate of Appropriateness for and AC enclosure. The existing air conditioning unit is on the East side of the building, surrounded by a fence and wall. This enclosure was installed in 2010 with the initial building construction and has been maintained this way since then. According to the applicant, there have been consistent issues with the venting of this unit and the one on the West side of the building. Raising the unit higher will resolve the problem as well as achieve more needed storage for the site. The mechanical equipment is proposed to be shielded from view by a concrete block wall, painted the same color as the main building. The landscaping currently surrounding the enclosure is proposed to remain in place or be replaced if altered during construction. staff recommends the Commission include the following conditions as a part of their order: 1. Maintain landscaping as currently exists around the enclosure. If any plant material is removed during construction, it must be replaced same for same in compliance with the approved landscape plan. The Planning Commissions members discussed whether outdoor furniture will be stored in the enclosure; whether the wall will be built over the existing siding; whether there is a gate for the lower level; whether there is access to the second level for a service technician; and a request for an elevation of the east side showing what the outside of the wall is to look like. Motion: Mr. Furlott moved to Table the discussion to a future meeting. Mr. Hogarth seconded the motion, which passed 6-0. B. ORDINANCES 1. Municipally Initiated Rezoning- 872 US Hwy 1 Request: rezone property from C1A- Limited Commercial District to CMU- Commercial Mixed-Use district. Minutes of Village Planning Commission Regular Meeting held on November 10, 2020 4 Mr. Hubsch presented the Staff report and recommendation. This is one remaining rezoning to be completed, at 872 US-1. Prior to the other rezoning areas coming before the Planning Commission in September, there was some question as to the accurate zoning classification of this property, which has been confirmed as C-1A. Had the property been in the C-A District, which is simply being renamed the C-MU US-1 Mixed Use District, it would have not needed to be rezoned. However, since it is in fact in the C-1A district, a rezoning is needed to bring it into the C-MU US-1 Mixed Use District. The proposed rezoning will make the property consistent with the new commercial zoning code and surrounding properties on US-1. Staff is recommending approval of the proposed rezoning. The Planning Commissions members had no issues to discuss. Motion: Mr. Hogarth moved to recommend approval to the Village Council. Mr. Solodar seconded the motion, which passed 6-0. V. ADMINISTRATION MATTERS A. Staff Updates: • Memory Care construction has begun, rather suddenly. The construction has to be completed in one phase and the commercial portion must receive a TCO before a final CO is issued to the memory care center. • Water Club Tower 3 has received a TCO. Units are starting to receive CO’s as owners are closing and stating to move in. • A new Brew Pub is going in at Crystal Cove Commons. No actual brewing of beer will take place, but many different types from all over will be served. It is actually a restaurant and pub. • Status update on Village Grocer project provided. B. Commission Member Comments: • New curb cuts along Prosperity Farms Rd. – This is a County project with no involvement from the Village. • Village Council discussion on lane reduction along US 1. No input requested from Planning Commission. • Status of the bridge repair along US 1. VI. ADJOURNMENT With there being no further business to come before the Board, the meeting adjourned at 7:26 PM. Minutes typed by Jane Lerner Village of North Palm Beach Recreation Advisory Board Minutes from the November 10, 2020 Meeting CALL TO ORDER: Chairman Maria Cassidy called the meeting to order at 7:00 PM. ROLL CALL: Maria Cassidy, Chair Chris Cantwell, Vice Chair Paul Beach Bob Bell Don Grill Tim Hullihan Mia St. John Village Council Representative – None Stephen Poh, Director of Parks and Recreation Russ Ruskay, Parks and Recreation APPROVAL OF MINUTES: Don Grill made a motion to approve the minutes; seconded by Chris Cantwell. The motion passed 7-0. PUBLIC COMMENT: No public comment. DIRECTOR’S REPORT: Stephen updated the Board on park projects. At Lakeside Park, two Memorial benches will be installed in the next couple of weeks. Also at Lakeside Park the split rail fence was replaced all around the parking lot area. All the buildings have been painted at Osborne Park. Currently there are 2 light poles at Community Center fields that are out and need to get rewired. These lights do not cause any issues for games or practices. Stephen updated the Board on upcoming special events (with COVID restrictions). The Halloween Drive Thru was a huge success. We ended up taking over 70 cars and 200 people within a 2-hour time frame. Stephen had displayed the winners of the costume contest on the board. Our next event will be Tree Lighting Ceremony at Veterans Park on Wednesday, December 2nd at 7pm. The ceremony will be a little different this year due to COVID restrictions. We will not have a choir performing this year. The mayor will say a few words and then count down to the tree lighting. The tree will light up, music will be played and the snow machine will be blowing snow around the park area. We also will be having our Trolley Rides on Friday, December 18th from 6:30pm-8:30pm by reservation only. We will take 60 reservations per half hour and run 4 trolleys. We will have staff wiping down trolleys after each trip. There will be a Santa inside the Obert room at a distance. Children will still be able to talk to Santa and take a social distance picture. We are also adding a new event this year called House Decorating Contest. The contest will run from December 3 -21 and any resident can send the Recreation team 2 pictures or one video of their house to enter the contest. The recreation team has picked out 5 categories that a resident can choose which one to enter. Stephen updated the Board on recreation programing. Mia Griner had been overseeing our Youth Flag Football which continues practices and games until mid-December. We are looking to host our end of the year party at the Country club pool area. Sign-ups for our Youth soccer program for ages 6-14 will start on December 1st with the season beginning in January. We are working with Palm Beach soccer academy to come in and do a coaches’ clinic for all volunteer coaches. The department-run MINIs sport program is set to finish our baseball session in December. We had seven children (ages 3-5) registered for this session that was held inside the Community Center. Our next session will be Soccer which will start up in January 2021. Bill Egan has been working on starting his Adult trips back up in January. He sent out a mailer to previous trip guests who have shown interest in coming back. We will limit the amount of patrons on the bus and will book mostly outdoor bus trips. Sign-ups will start in December and he will have 2 trips in January, February and March. NEW BUSINESS: Stephen informed the Board that we have installed a new card reader system at Osborne Park. This will help us secure the building and let us know who accessing the building at specific times. We have created a schedule for each instructor so they can only access the building when we have them scheduled. We will also know if someone tries to access the building at any nonscheduled time. Stephen explained to the Board that we have reached an agreement with Environmental Quality Inc. who will be responsible for cleaning at the berm area at Lakeside. This company was recommended by the Environmental Committee and will meet with them next month. We will also have the company come out and meet with the Friends of Lakeside. Environmental Quality will start in January with removal of exotics and then maintain the berm 2 times in 2021. Then the next 2 years they will have quarterly maintenance done. OLD BUSINESS: Stephen updated the Board on the dry storage spots. We had 5 residents that were removed from the waitlist and 5 people that passed this time on a dry storage space. We had 9 residents that did not renew this fiscal year and we have filled all but 2 spots. Becky Ring who is in charge of the waitlist has contacted residents for those 2 spots and is waiting for return calls. We also had 1 wet slip that did not renew and that was filled by the next person on the waitlist. The current wait list numbers are: 15’ spots – 13 20’ spots – 21 25’ spots – 56 30’ spots – 106 35’ spots – 74 40’ spots – 27 Wet spots – 102 PROJECT UPDATE: Russ Ruskay gave a dry storage project update to the Board. Russ explained that Emily from 2GHO will be coming to the next meeting in December to discuss fence options for the dry storage area. Russ was asking the Board for their recommendations for what to do about the south side marina area. Does the Board want to keep the dry storage area on the south side or remove that area per the Master plan to create 34-day parking spaces? BOARD MEMBER COMMENTS: Don Grill would like to know the dry storage wait list numbers for each size at the meetings. Stephen stated that he will have that for them each meeting. Chris Cantwell thinks that we have more space to use on the south side of the existing south storage area to add more spaces if it can be done correctly. Don Grill stated that we could get 30 more dry spots if we take out the grass area and Don had a plan from another city that had a good layout. Don also thought that we need more than 20-day parking spots. Tim Hullihan stated that day parking is more important than extra storage is his opinion. Bob Bell wants to use the grass area to max out the day parking. Tim Hullihan explained that we are able to revise the Master Plan if we want and give the designers our ideas for what we are looking for on the south side of the marina. Don agreed that we should revise the Master Plan. Paul Beach thinks that we should continue to use the south side storage area right now and use the grass area for extra day time parking. He thinks that we should see how that works out before making a decision on what to do on the south side. Bob Bell agreed that we should keep the south storage and revise the Master Plan. Tim Hullihan would like to keep the park the way it is and if you keep adding more storage then you take away from the purpose of the park. Mia St. John agreed with Tim on his comment. Recognize it’s a park and get input from the community. Bob Bell stated that we do need to accommodate the boating residents and use the multi-use grass area for events, parking, and storage. Mia St. John explained that there is only a set number of boaters that use the park. Our storage fees should be higher and set to market standards, which they are not right now. If the fees are set higher than you might lose a lot of people on the wait list. Maria Cassidy wants all the Board members to list their goals for the park by the next meeting. She would like to go over that with everyone in December. Tim Hullihan wants to make a motion in the future for recommendations we can send to council. Tim wanted to make 2 things clear about this meeting. o The Recreation Board is comfortable in looking at and revising the Master plan on the south side of the marina storage area. The Board would like to the south side to accommodate dry storage, day parking and events. They would like to see if the designer can look at planning the area to accommodate all these items. o The Recreation Board would also like a temporary plan for the south side area before moving forward with the construction on the north side. ADJOURNMENT: Don Grill made a motion to adjourn the meeting; seconded by Bob Bell. Motion passed 7-0. Meeting adjourned at 8:12 PM. Minutes respectively submitted by Stephen Poh, Director of Parks and Recreation. Attached also was recommendations that were emailed to Village Manager on November 12, 2020 Anchorage Park South Side Dry Storage Question 11/ 12/2020 2 Recommendations from Rec. Board, one urgent, one not. 1. Train Wreck Coming: a. Where are all the displaced boats and RVs going? b. If staying in Archorage Park, we need a plan for that. c. If relocated to a temp. off-site location, more trailer parking will be needed. d. Trailer parking: 30 to 40 now on a given Saturday (1/2 on grass) Grows if Dry Storage moved off-site 10 of 20 existing removed during construction e. When you solve the train wreck, the south side dry storage question should answer itself through proper planning and design. 2. Long-term, the master plan removes the SS dry storage in favor of expanded trailer parking: a. MP balances the 4 primary expectations of the park boat/RV storage, ramp usage, festival hosting, and daily park related usage by surrounding residents). b. If the SS dry storage is a consideration for remaining, the MP process should be revisited to insure a balance between different use expectations is maintained. VILLAGE OF NORTH PALM BEACH GOLF ADVISORY BOARD Minutes of November 16, 2020 I. CALL TO ORDER A. The meeting was held in the Village Council Chambers and was called to order by Chairman Steve Mathison at 6:00 p.m. II. ROLL CALL A. Present: Absent: Stephen Mathison – Chairman Rich Pizzolato – Vice Chairman Curtis Witters – Secretary David Talley – Member Jeff Irish – Member X Jeff Egizio – Member Landon Wells - Member B. Staff Members Present: Allan Bowman, Director of Golf Beth Davis, General Manager X Lenore Dingle, Membership Coordinator C. Council Members Present: No members of the Council were in attendance. D. Public Present: The meeting was conducted in Council Chambers so that ample space was NPB Golf Advisory Board Minutes of November 16, 2020 available for the public to attend and speak on the subject of group play at North Palm Beach Country Club. Director of Golf, Allan Bowman, addressed the issue of group play. The club has 30 tee times each day before lunch and requests for group play are filling up the tee sheet. We have 210 members, and some are finding it difficult to get a tee time, due to the demand for group play. We are experiencing increased play at the Club, due in part to COVID and golf being a safe activity in which people can participate. Several of the public in attendance then spoke on the subject of group play at North Palm Beach Country Club. Some of the speakers were attending on behalf of the group in which they participate, and others spoke requesting that they be allowed to form a group and obtain tee times for their proposed group. One speaker advocated that Village residents should have priority due to paying property taxes to support the golf course. Director Bowman then pointed out that the golf course is financially self- sustaining and is not supported by Village taxes. All of the speakers praised the golf course and the work of Director Bowman and his staff. The consensus of the public in attendance was that group play is a good thing; it promotes both the sport of golf and friendship among golfers. Several of the speakers pointed out that their group includes non-members of the Club, which serves to widens the interest of the public in our facility. The Board was asked for its comments. Several Board Members spoke and thanked the public for attending the meeting. The Board Members suggested 2 | Page NPB Golf Advisory Board Minutes of November 16, 2020 that our policy regarding group play must be equitable, striking a balance between encouraging group play but ensuring that members of the Club are able to obtain tee times as well. Director Bowman thanked all that attended and emphasized that he would work with the Golf Advisory Board to create a policy for group play at the Club. III. APPROVAL OF MEETING MINUTES Minutes of the October 19, 2020 GAB Meeting were approved 6-0. IV. ADMINISTRATIVE REPORTS Golf Report. Allan Bowman, Director of Golf, delivered his report. The bunker project has been successful but, due to weather, will now be suspended stuntilMayof2021. The Club has received three feet of rain since October 1. We are utilizing a pump on Hole 17 to lower the level of the pond. We plan to permanently ththinstallapumpintheareaforwardofthe9and18 tees for use in controlling the water levels in the ponds adjoining those holes. Both golf play and revenue for the Club are up. In addition, the driving range is experiencing very high use. The Village Council approved 900 feet of curbing where needed on the cart paths. This will assist in preventing washouts and allow grass to be maintained adjacent to the paths. A new concrete pad for mats at the driving range is being poured as well. Our Membership Director, Lenore Dingle is doing a great job. We currently have two invitations outstanding to fill remaining membership openings. There are currently 3 | Page NPB Golf Advisory Board Minutes of November 16, 2020 150+ people on our waiting list. At the present time, 40 people have obtained resident membership status. Our membership is currently comprised of 60% Village residents and 40% non- residents. Allan suggested that he is studying whether the percentage of Village resident should be increased in future years. V. DISCUSSION TOPICS VI. ADJOURNMENT The meeting was adjourned at 7:16 p.m. The next meeting will be December 21, 2020. Minutes by Curtis L. Witters, Secretary. 4 | Page VILLAGE OF NORTH PALM BEACH COUNTRY CLUB – GOLF OPERATIONS TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Allan Bowman, Head Golf Professional DATE: January 14, 2021 SUBJECT: RESOLUTION – Approval of a Second Amendment to the Contract with BrightView Golf Maintenance, Inc. for an Enhanced Fall/Winter/Spring Foliar Program at a cost of $47,845.00 Village Staff is requesting Village Council approval a Second Amendment to the Golf Course Maintenance Contract with BrightView Golf Maintenance, Inc. for the implementation of an Enhanced Foliar Program for the County Club Golf Course over the next year. BrightView is the Village’s current golf course maintenance provider, and this proposal was included as a “scope enhancement for consideration” in response to the Village’s Request for Proposals. Latitude36 is a very new grass and the Village continues to learn about its unique needs. The Foliar Program was approved in the first year of the contract with BrightView, which resulted in excellent agronomic conditions. Staff hypothesized that as the grass matured, the Enhanced Foliar Program would not be required. That hypothesis has proven to be false. The record number of rounds of golf at the Country Club combined with the compaction from single-rider carts (in accordance with COVID-19 protocol) has resulted in the need for soil enhancements. This expenditure was not budgeted for FY 2021. A budget amendment will be prepared at year-end if necessary. Account Information: Fund Department Project Account Number Account Description Amount Country Club Golf Course Maintenance Enhanced Foliar Program L8045-33491 Contractual Service $47,845.00 Total $47,845.00 The attached Resolution and Second Amendment have been prepared and/or reviewed by the Village Attorney for legal sufficiency Recommendation: Village Staff recommends Council consideration and adoption of the attached Resolution approving a Second Amendment to the Golf Course Maintenance Contract with BrightView Golf Maintenance, Inc. for an Enhanced Foliar Program for the next year at a cost not to exceed $47,845.00, with funds expended from Account No. L8045-33491 (Golf Course Maintenance – Contractual Services) and authorizing the Mayor and Village Clerk to execute the Second Amendment in accordance with Village policies and procedures. RESOLUTION 2021-___ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A SECOND AMENDMENT TO THE GOLF COURSE MAINTENANCE CONTRACT WITH BRIGHTVIEW GOLF MAINTENANCE, INC. TO IMPLEMENT AN ENHANCED FOLIAR PROGRAM FOR AN ADDITIONAL YEAR AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE SECOND AMENDMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 23, 2019, the Village entered into a Contract for Golf Course Maintenance Services with BrightView Golf Maintenance, Inc. (“BrightView”); and WHEREAS, in accordance with Article 19 of the Contract, the Village requested BrightView to implement an Enhanced Foliar Program for an additional year in accordance with a proposal submitted in response to the Village’s initial Request for Proposals; and WHEREAS, the Village Council determines that the approval of the Second Amendment to the Contract, including any waiver the Village’s purchasing policies and procedures, is in the best interests of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves a Second Amendment to the Contract with BrightView Golf Maintenance, Inc. for the Golf Course Maintenance Services, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Second Amendment on behalf of the Village. The total cost for the additional work set forth in the Amendment shall not exceed $47,845.00, with funds expended from Account No. L8045-33491 (Golf Course Maintenance – Contractual Services). Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS ____ DAY OF _________________, 2020. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Page 1 of 2 SECOND AMENDMENT TO CONTRACT This Second Amendment is made as of the _______ day of _____________, 2021, by and between the VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as the VILLAGE, and BRIGHTVIEW GOLF MAINTENANCE, INC., a California corporation authorized to do business in the State of Florida, hereinafter referred to as CONTRACTOR, whose Federal I.D. is 95-2999239. WHEREAS, the VILLAGE and CONTRACTOR executed a Contract for Golf Course Maintenance Services dated May 23, 2019 (“Contract”); and WHEREAS, on April 23, 2020, the VILLAGE and CONTRACTOR executed an Amendment to the Contract (“Amendment”) to incorporate additional work and extend the term of the Contract; and WHEREAS, in accordance with Article 19 of the Contract, the VILLAGE requested CONTRACTOR to implement an Enhanced Foliar Program for an additional year at the North Palm Beach Country Club; and WHEREAS, CONTRACTOR has agreed to implement the Enhanced Foliar Program in accordance with its Proposal dated May 13, 2019, as outlined in its Scope Enhancements submitted in response to the Village’s initial Request for Proposals; and WHEREAS, the parties have agreed to amend the Contract to incorporate this additional work. NOW, THEREFORE, in consideration of the mutual obligations set forth herein and the Contract, as amended, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to amend the Contract as follows: 1. Recitals The foregoing recitals are ratified as true and correct and are incorporated herein. 2. Additional Work CONTRACTOR shall implement an Enhanced Foliar Program for an additional one year (“Additional Work”) as set forth in its Proposal dated May 13, 2019, a copy of which is attached hereto and incorporated herein by reference. CONTRACTOR shall perform the Additional Work to that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its vocation practicing in the same or similar locality at the time such services are performed 3. Cost of Additional Work The VILLAGE shall pay CONTRACTOR the sum of $47,845.00 for this Additional Work as outlined in the CONTRACTOR’s Proposal. Page 2 of 2 4. Conflicts In the event of a conflict between this Second Amendment and the Contract, as amended, the terms of this Second Amendment shall control. To the extent not expressly modified herein, all other provisions of the Contract, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Amendment as of the day and year first above written. CONTRACTOR: BRIGHTVIEW GOLF MAINTENANCE, INC. By: Print Name: Title:_____________________________ VILLAGE OF NORTH PALM BEACH BY: ________________________________ SUSAN BICKEL, MAYOR ATTEST: BY:________________________________ JESSICA GREEN, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: ________________________________ LEONARD G. RUBIN, VILLAGE ATTORNEY VILLAGE OF NORTH PALM BEACH PUBLIC WORKS DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Steven J. Hallock, Director of Public Works DATE: January 14, 2021 SUBJECT: RESOLUTION Approving a Contract with Florida Blacktop Inc. for the West Alleyway Pavement Rehabilitation project at a cost of $321,857.39 Due to the very poor condition of portions of the West Alleyway asphalt pavement and the importance of this Alleyway to future redevelopment, Village Council approved Resolution 2020-36 on May 14, 2020 authorizing Village Staff to conduct an initial pavement assessment and base exploration that the Village Engineer could use to design an appropriate project scope. This work is complete and the best project scope has been determined to be Full Depth Reclamation (FDR). Full Depth Reclamation Process: FDR is a process that rebuilds worn out asphalt pavements by recycling the existing roadway. Old asphalt and base materials are pulverized using a specialized machine called a reclaimer. On top of the pulverized material, water is added to reach the optimal moisture content for compaction and then a variety of materials, such as emulsified asphalt, cement and other additives, are incorporated for stabilization. After shaping and grading, the new base is compacted to produce a strong, durable base for the new asphalt pavement surface layer. Since this method recycles the materials in situ, there is no need to haul in aggregate or haul out old material for disposal. Additionally, since this is a moving operation, there is no need to completely close the alley as traffic will be able to move in front of and behind construction , making this process more convenient for local residents. FDR also saves money while preserving natural resources by using existing materials and conserving virgin aggregates. The road performance is improved through better stabilization, building a stronger, low-maintenance road that will last for many years. With proper engineering and testing protocols, the FDR process provides a design life-cycle of 20+ years. West Alleyway Project: The Village issued an Invitation for Sealed Bids for the West Alleyway Pavement Rehabilitation project on November 6, 2020. This solicitation was advertised in the Palm Beach Post, and was posted on both the Village website and Demand Star, where it received wide distribution. Eight (8) vendors attended the mandatory pre-bid meeting on November 24, 2020 held at the Public Works Complex. However, only four (4) bids were received on December 10, 2020 for the bid opening. Rank Vendor Cost 1 Florida Blacktop Inc. $321,857.39 2 R&D Paving $343,755.50 3 Municipal Contractors Inc. $366,842.50 4 CWR Contracting Inc. $445,670.00 Staff reviewed each proposal, including the price and availability to complete the work in a timely manner. Florida Blacktop Inc. submitted the lowest, qualified proposal at a price of $321,857.39. Staff has had an opportunity to check references for this company and is confident that Florida Blacktop is capable of performing the required work. If Village Council approves the Contract with Florida Blacktop Inc., the company is required to attain substantial completion within ninety (90) calendar days from the Village’s issuance of a Notice to Proceed (NTP) and final completion within one hundred and ten (110) calendar days from the Village’s issuance of the NTB. There is $310,000 budgeted in the Capital Improvement Plan (CIP) for Asphalt Resurfacing in FY2021 utilizing Infrastructure Surtax dollars, and the CIP also has $310,000 budgeted each year for Asphalt Resurfacing for the following four (4) years. The Infrastructure Surtax Committee recommended to Village Council at its September 12, 2019 meeting to use any Infrastructure Surtax Fund balance to increase the Asphalt Resurfacing budget and Village Council agreed. There are sufficient savings in the Surtax Fund to cover the additional funds necessary for this project Village Staff is recommending the following project budget: Expenditure Cost Engineering $45,725.00 Florida Blacktop Inc. $321,857.39 Construction Contingency (5%) $16,092.87 Total $383,675.26 The attached Resolution has been prepared by the Village Attorney. Account Information: Fund Department Account Number Account Description Amount Infrastructure Surtax Public Works/Streets and Grounds I7321-66210 Construction & Major Renovation $321,857.39 Recommendation: Village Staff requests Council consideration and approval of the attached Resolution approving a Contract with Florida Blacktop Inc. for the West Alleyway Pavement Rehabilitation project in the amount of $321,857.39, with funds expended from Account Number I7321-66210 (Public Works/ Streets & Grounds – Construction & Major Renovation), establishing a project budget exclusive of engineering services of $337,950.26 and authorizing the Mayor and Village Clerk to execute the Contract in accordance with Village policies and procedures. RESOLUTION 2021-_____ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO FLORIDA BLACKTOP, INC. FOR THE WEST ALLEY WAY PAVEMENT REHABILITATION PROJECT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village issued an Invitation to Bid for the West Alley Way Pavement Rehabilitation Project; and WHEREAS, the Village received four bids in response to the to the ITB, and Village Staff recommended accepting the lowest, most qualified bid proposal submitted by Florida Blacktop, Inc.; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves a Contract with Florida Blacktop, Inc. for the West Alley Way Pavement Rehabilitation Project in the amount of $321,857.39, with funds expended from Account No. I7321-66210 (Surtax Fund – Public Works/Streets and Grounds – Construction and Major Renovation). Including contingency, the total project budget shall be $337,950.26, exclusive of engineering services. The Village Council further authorizes the Mayor and Village Clerk to execute a contract for such services, a copy o f which is attached hereto and incorporated herein. Section 3. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS ____DAY OF ____________, 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Contract -1- CONTRACT This Contract is made as of the _______ day of _____________, 2021, by and between the VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as VILLAGE, and FLORIDA BLACKTOP, INC., a Florida corporation, hereinafter referred to as the CONTRACTOR, whose Federal I.D. is 59-2363756. In consideration of the promises and mutual covenants herein contained, it is hereby agreed that the CONTRACTOR shall provide to th e VILLAGE all goods and services requested under Invitation to Bid for the West Alley Way Pavement Rehabilitation Project (“ITB”) and as further stated in CONTRACTOR’s Bid Proposal and pursuant to the terms and conditions of this Contract. ARTICLE 1. SERVICES OF THE CONTRACTOR. A. The CONTRACTOR shall provide all goods and services as stated in the ITB and the Scope of Work and Specifications referenced therein in accordance with the Bid Proposal (hereinafter referred to as “Work”), which are incorporated herein by reference, to that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality at the time the Work is provided. B. The Work provided by the CONTRACTOR shall be commenced subsequent to the execution and approval of this Contract and upon written notice from the VILLAGE to proceed. ARTICLE 2. PERIOD OF SERVICE. This Contract and the provision of all Work hereunder shall be substantially completed by the CONTRACTOR within ninety (90) calendar days of the Village’s issuance of a Notice to Proceed and fully or one hundred percent (100%) completed within one hundred ten (110) calendar days of the Village’s issuance of a Notice to Proceed or for such other period of time agreed to in writing by the parties in accordance with the terms and conditions of the Contract Documents. ARTICLE 3. CONTRACT DOCUMENTS This Contract incorporates by reference all of the document set forth in the Invitation to Bid for the West Alley Way Pavement Rehabilitation Project, including the General Conditions and Terms, the Special Conditions and Terms and the Scope of Work and Specifications as if fully set forth herein. These documents shall be construed in accordance with Section GC2 of the General Conditions. ARTICLE 4. VILLAGE’S REPRESENTATIVE. Unless otherwise specified by the VILLAGE, the VILLAGE’s representative shall be the Public Works Director. Contract -2- ARTICLE 5. COMPENSATION AND METHOD OF PAYMENT. A. The VILLAGE agrees to compensate the CONTRACTOR in accordance with CONTRACTOR’s Bid Proposal in response to the ITB. The total and cumulative amount of this Contract shall not exceed Three Hundred and Twenty-One Thousand Eight Hundred and Fifty-Seven Dollars and Thirty-Nine Cents ($321,857.39). B. CONTRACTOR shall invoice the VILLAGE no more often than monthly on the form provided as Exhibit “A” and include such information as requested in Exhibit “A”. Invoices received from the CONTRACTOR pursuant to this Contract will be reviewed and approved by the Project Engineer and/or the Village’s representative, indicating that the Work has been provided and rendered in conformity with the Contract and then will be sent to the Finance Department for payment. Invoices will normally be paid within thirty (30) days following the VILLAGE’s approval. C. Work undertaken or expenses incurred that exceeds an amount set forth in this Contract without prior written authorization from the VILLAGE shall be the liability of the CONTRACTOR. D. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Contract. E. In order for both parties herein to close their books and records, CONTRACTOR will clearly state “final invoice” on the CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all Work has been properly performed and all charges have been invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further charges if not properly included in this final invoice are waived by the CONTRACTOR. The VILLAGE wil l not be liable for any invoice from the CONTRACTOR submitted thirty (30) days after the provision of the Work. ARTICLE 6. USE OF DOCUMENTS. A. All documents, including but not limited to drawings, specifications, plans, reports, other items and data or programs stored electronically (collectively referred to as “Documents” hereafter), prepared by the CONTRACTOR and CONTRACTOR’s sub-contractors under this Contract shall be considered a “Work for Hire” and the exclusive property of the VILLAGE. To the extent such Documents may not be deemed a “Work for Hire” under applicable law, CONTRACTOR and CONTRACTOR’s sub-contractors will assign to VILLAGE all right, title and interest in and to CONTRACTOR’s and/or CONTRACTOR’s sub-contractors’ copyright(s) for such Documents. CONTRACTOR shall execute and deliver to VILLAGE such instruments of transfer and take such other action that VILLAGE may reasonably request, including, without limitation, executing and filing, at VILLAGE’s expense, copyright applications, assignments and other documents required for the protection of VILLAGE’s right to such Documents. The CONTRACTOR shall retain copies of the Documents for a period of three (3) years from the date of completion of the Project. The VILLAGE grants to the CONTRACTOR and CONTRACTOR’s sub-contractors the right and/or limited license to use a portion of the Documents prepared by the CONTRACTOR or the CONTRACTOR’s sub-contractors in future projects of the CONTRACTOR or the CONTRACTOR’s sub-contractors with said right and/or limited license Contract -3- to use a portion at CONTRACTOR’s or CONTRACTOR’s sub-contractor’s own risk and without any liability to VILLAGE. B. Any modifications made by the VILLAGE to any of the CONTRACTOR’s Documents, or any use, partial use or reuse of the Documents without written authorization or adaptation by the CONTRACTOR will be at the VILLAGE's sole risk and without liability to the CONTRACTOR. Any electronic files not containing an electronic seal are provided only for the convenience of the VILLAGE, and use of them is at the VILLAGE’s sole risk. ARTICLE 7. INDEMNIFICATION. A. To the fullest extent permitted by applicable laws and regulations, the CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, s ervants, and employees from and against any and all claims, liability, losses, and/or causes of action arising out of or in any way related to the services furnished by the CONTRACTOR pursuant to this Contract, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of the CONTRACTOR and/or its subcontractors, agents, servants or employees. B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Agreement for any reason. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the waiver provided in § 768.28, Florida Statutes. ARTICLE 8. PERSONNEL. A. The CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel required to perform the Work under this Contract. Such personnel shall not be employees of or have any contractual relationship with the VILLAGE. B. All of the Work required hereunder shall be performed by the CONTRACTOR or under its supervision, and all personnel engaged in performing the Work (including subcontractors) shall be fully qualified and, if required, authorized or permitted under state and local law to perform such Work. C. All of the CONTRACTOR’s personnel (and all subcontractors) while on VILLAGE premises, will comply with all applicable requirements governing conduct, safety, and security, provided, however, that CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. All personnel working on VILLAGE park property in any capacity shall meet the same background requirements as VILLAGE employees. Should the VILLAGE discover that any person employed or retained by CONTRACTOR or any Subcontractor does not meet such requirements, the VILLAGE may request that such person be removed from VILLAGE property and CONTRACTOR shall comply Contract -4- with any such request. ARTICLE 9. TERMINATION. This Contract may be cancelled by the CONTRACTOR upon ten (10) days prior written notice to the VILLAGE’s representative in the event of substantial failure by the VILLAGE to perform in accordance with the terms of this Contract through no fault of the CONTRACTOR. It may also be terminated, in whole or in part, by the VILLAGE, with or without cause, upon ten (10) days written notice to the CONTRACTOR. Unless the CONTRACTOR is in breach of this Contract, the CONTRACTOR shall be paid for Work rendered to the VILLAGE’s satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the VILLAGE, the CONTRACTOR shall: A. Stop work on the date and to the extent specified; B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work; C. Transfer all work in progress, completed work, and other materials related to the terminated work to the VILLAGE; and D. Continue and complete all parts of the work that have not been terminated. ARTICLE 10. INSURANCE. Prior to commencing any Work, the CONTRACTOR shall provide certificates evidencing insurance coverage as required in the Invitation to Bid. All insurance, other than Worker’s Compensation, to be maintained by the CONTRACTOR shall specifically include the VILLAGE as an Additional Insured. ARTICLE 11. SUCCESSORS AND ASSIGNS. The VILLAGE and the CONTRACTOR each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the VILLAGE nor the CONTRACTOR shall assi gn, sublet, convey or transfer its interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the VILLAGE and the CONTRACTOR. ARTICLE 12. ACCESS AND AUDITS. The CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the Work for at least three (3) years after completion of this Contract. The VILLAGE shall have access to such books, records, and documents as required in this ARTICLE for the purpose of inspection or audit during normal business hours, at the CONTRACTOR’s place of business. In no circumstances will CONTRACTOR be required to Contract -5- disclose any confidential or proprietary information regarding its products and service costs. ARTICLE 13. ENFORCEMENT COSTS. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. ARTICLE 14. REMEDIES. A. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. B. The VILLAGE and CONTRACTOR knowingly, voluntarily and intentionally waive any right they may have to trial by jury with respect to any litigation arising out of or in connection with this Contract. ARTICLE 15. NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to the VILLAGE shall be mailed to: Village of North Palm Beach Andrew Lukasik Village Manager Village Hall 501 U.S. Highway One North Palm Beach, FL 33408 and if sent to the CONTRACTOR shall be mailed to: Florida Blacktop, Inc. Elias Shaouy, President 1287 West Atlantic Boulevard Pompano Beach, FL 33069 The foregoing names and addresses may be changed if such change is provided in writing to the other party. ARTICLE 16. ENTIRETY OF CONTRACTUAL AGREEMENT. The VILLAGE and the CONTRACTOR agree that this Contract, including all documents Contract -6- referenced herein, sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 17. TERMINOLOGY AND CAPTIONS. All pronouns, singular, plural, masculine, feminine or neuter, shall mean and include the person, entity, firm or corporation to which they relate as the context may require. Wherever the context may require, the singular shall mean and include the plural and the plural shall mean and include the singular. The term “Contract” as used herein, as well as the terms “herein”, “hereof”, “hereunder”, “hereinafter” and the like mean this Contract in its entirety and all exhibits, amendments and addenda attached hereto and made a part hereof. The captions and paragraph headings are for reference and convenience only and do not enter into or become a part of the context of this Contract, nor shall such headings affect the meaning or interpretation of this Contract. ARTICLE 18. PREPARATION. This Contract shall not be construed more strongly against either party regardless of who was more responsible for its preparation. ARTICLE 19. MATERIALITY. All provisions of the Contract shall be deemed material. In the event CONTRACTOR fails to comply with any of the provisions contained in this Contract or exhibits, amendments and addenda attached hereto, said failure shall be deemed a material breach of this Contract and VILLAGE may at its option and without notice terminate this Contract. ARTICLE 20. EXHIBITS AND CONTRACT DOCUMENTS. All exhibits and other documents referred to in this Contract form an essential part of this Contract. The exhibits and other documents, if not physically attached, should be treated as part of this Contract and are incorporated herein by reference. ARTICLE 21. LEGAL EFFECT. This Contract shall not become binding and effective until approved by the Village Council of the Village of North Palm Beach. ARTICLE 22. SURVIVABILITY. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. ARTICLE 23. WAIVER OF SUBROGATION. CONTRACTOR hereby waives any and all rights to Subrogation against the VILLAGE, its Contract -7- officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then CONTRACTOR shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement on a pre-loss basis. ARTICLE 24. REPRESENTATIONS/BINDING AUTHORITY. The persons executing this Contract represent that they have the full power, authority and legal right to execute and deliver this Contract and perform all of its obligations under this Contract. ARTICLE 25. INSPECTOR GENERAL CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a material breach of the Contract Documents justifying termination. ARTICLE 26. PUBLIC RECORDS. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, CONTRACTOR shall: 1. Keep and maintain public records required by the VILLAGE to perform the service. 2. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE with a copy the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Flori da Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the VILLAGE. Contract -8- 4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in possession of CONTRACTOR or keep and maintain public records required by the VILLAGE to perform the services. If CONTRACTOR transfers all public records to the VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the VILLAGE, upon request from the VILLAGE’s custodian of public records, in a format that is compatible with the information technology systems of the VILLAGE. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. CONTRACTOR: FLORIDA BLACKTOP, INC. BY: Print Name: Title:_____________________________ VILLAGE OF NORTH PALM BEACH BY: ________________________________ SUSAN BICKEL MAYOR ATTEST: BY:________________________________ JESSICA GREEN VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: ________________________________ LEONARD G. RUBIN VILLAGE ATTORNEY EXHIBIT “A” INVOICE FORM AND REQUIREMENTS (FORM ATTACHED) APPLICATION FOR PAYMENT NO. ________ To: VILLAGE OF NORTH PALM BEACH (OWNER) From: _________________________________ Contract: West Alley Way Pavement Rehabilitation Project For Work accomplished through the date of: , 2021. 1. Original Contract Price: $_________________ 2. Net change by Change Orders and Written Amendments (+ or -): $_________________ 3. Current Contract Price (1 plus 2): $_________________ 4. Total completed and stored to date: $_________________ 5. Retainage (per Agreement): Five percent (5%) of completed Work, material and equipment purchased: $_________________ 6. Total completed and stored to date less retainage (4 minus 5): $_________________ 7. Less previous Application for Payments: $_________________ 8. DUE THIS APPLICATION (6 MINUS 7): $_________________ Accompanying Documentation: CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work done and goods purchased under the Contract referred to above have been applied on account to discharge CONTRACTOR’s legitimate obligations incurred in connection with Work, materials and equipment covered by prior Applications for Payment numbered 1 through _____ inclusive; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances, and (3) all Work, materials and equipment covered by this Application for Payment are in accordance with the Contract Documents and not defective. Dated ____________________________ By: _____________________________________ Contractor State of ______________________________ County of ____________________________ Subscribed and sworn to before me this _____ day of __________________, 2021 ____________________________________ Notary Public My Commission expires: _____________________ Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated ___________________________ By: _____________________________________ US1 Bridge Design The Citizen’s Master Plan 2016 Prosperity Farms Road Bridge US One Bridge Earman River The NPB Bridge Streetscapes The Bridges U.S. Highway 1 Existing Conditions U.S. Highway 1 Existing Conditions Looking East U.S. Highway 1 Existing Conditions Looking West 11’4” shared path 4’ shoulder Bridge Height raised about 18” In addition to continual right hand turn lane from Anchorage Drive South to Northlake, FDOT will provide a second right hand turn lane after the bridge as part of this project. The existing median will be shifted to the east but is anticipated to remain at 4’ wide. U.S. Highway 1 15’6” high, 11’6’ wide 15’6” high, 11’6’ wide6” high, 11’6’ all 11’5” high, 9’5” wide Railing Detail Railings for the two bridges will be similar to the FDOT decorative railing of the Parker Bridge Light Standards Pedestrian Underpass FDOT allowing structural improvements only as part of the bridge project. Cost ranges from $260,000 to $560,000, depending upon the methodology used. This cost does not include the walkway surface, railing, lighting, etc. $430,000 for both of the structures to connect from the underpass to the adjacent properties. Upland path at $24/sf: Rex & Rex: $72,960 IHOP: $42,240 Pedestrian Underpass New: Floating Dock Concept Concept being reviewed by FDOT. Blue = piling to be installed during bridge construction. Red = future floating pedestrian structure. Pilings: $20k-$24k Structure: $70k •Design to be completed in calendar year 2021 •Construction in 2022. 18 months to construct. •Village CIP --$200,000 from infrastructure surtax funds allocated in FY 2021 •Project letting by FDOT –December 2022 •Construction –begins March 2023 •Village CIP –anticipates grant funding Bridges