Chapter 01-General Requirementsf7
(Existing Chapter 1.0 General Requirements is deleted in its entirety and
replaced by Revised Chapter 1.0 General Requirements commencing on the
following page)
1.0 GENERAL REQUIREMENTS
Chapter 163.3161 - 163.3197, Florida Statutes (Local' Government Comprehensive
Planninq and Land Development Regulation Act) and Chapter 9J-5, Florida
Administrative Code (Minimum Criteria for Review of Local Government Comprehensive
Plans and Plan Amendments) establish basic requirements for the format and content
Df the Village of North Palm Beach Comprehensive Plan.
1.1 FLORIDA STATUTES
Chapter 163.3164(4), Florida Statutes defines comprehensive plan as "... a plan that
meets the reauirements of Sections 163.3177 and 163.3178".
Section 163.3177 lists required conditions, studies, surveys and elements of the
Comprehensive Plan, including:
1. Written and graphic material necessary to support the principles, guidelines
and standards for the orderly and balanced future economic, social, physical,
environmental and fiscal development of the area.
2. Elements of the comprehensive plan must be consistent with each other and
the plan shall be economically feasible.
3. A capital improvements element, designed to consider the need for and the
location of public facilities to encourage the efficient use of such facilities.
4. Coordination of the comprehensive plan with: (1) those of adjacent
municipalities; (2) Palm Beach County; (3) Treasure Coast Regional Planninq;
and (4) the State Comprehensive Plan.
5. Two Planninq periods, one covering at least the first 5 -year period following
the plan's adoption and one covering at least a 10 -year period.
6. Policy recommendations for the implementation of the various elements of the
comprehensive plan.
7. The following elements: Future Land Use; Transportation; Sanitary Sewer,
Solid Waste, Drainage, Potable Water and Natural Groundwater Aquifer
Recharge; Conservation; Recreation and Open Space; Housing; Coastal
Management; Intergovernmental Coordination; Capital Improvements; and
Public School Concurrency.
Section 163.3.77(7)(k) allows a local government to include other pertinent elements to
the comprehensive plan, upon recommendation by the Local Planninq Agency.
Further, the followinq two provisions of Chapter 163 Florida Statutes are emphasized
by the State:
1. North Palm Beach is charged with setting levels of service for public facilities
in the comprehensive plan in accordance with which development must occur
and permits will be issued; and
2. Public facilities and services needed to support development in North Palm
Beach shall be available concurrent with the impacts of such development.
1.2 FLORIDA ADMINISTRATIVE CODE
Chapter 9J-5.005, Florida Administrative Code establishes the general requirements for
a Comprehensive Plan.
1.2.1 Format Requirements
The Village's comprehensive plan must ...consist of the items listed below. All other
documentation may be considered as support documents. Support documents need
not be adopted unless the local government desires to include them in the
comprehensive plan. Background data, including studies surveys and analysis and
inventory maps not adopted as part of the comprehensive plan must be available for
public inspection while the comprehensive plan is being considered for adoption and
while it is in effect. At a minimum, the Village's comprehensive plan must consist of the
following minimum components:
1. Goals, objectives, and policies.
2. Requirements for capital improvements implementation.
3. Procedures for monitoring and evaluation of the plan.
4. Required maps showing future conditions.
5. A copy of the local comprehensive plan adoption ordinance.
In addition to the above general content requirements the Village's comprehensive plan
is required to include the following format components:
1. A table of contents.
2. Numbered pages.
3. Element headings.
4. Section headings within elements.
5. A list of included tables, maps, and figures.
6. Titles and sources for all included tables, maps, and figures.
7. A preparation date.
8. The name of the preparer.
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1.2.2 Data and Analysis Requirements
All goals, objectives, policies, standards, findings and conclusions within the Village's
comprehensive plan and its support documents shall be based upon relevant and
appropriate data. All tables, charts, graphs, maps, figures and data sources, and their
limitations shall be clearly described.
The Village is not required to collect original data; however, it is encouraged to uze
any original data necessary to update or refine the comprehensive plan data base, as
long as methodologies are professionally accepted.
Data used shall be the best available, unless the Village desires original data or special
studies. Where data augmentation, updates, or special studies or surveys are deemed
necessary, appropriate methodologies shall be clearly described or referenced and shall
meet professionally accepted standards for such methodologies.
The comprehensive plan shall be based upon resident and seasonal population
estimates and projections. Resident and seasonal population estimates and protections
shall be either those provided by the University of Florida, Bureau of Economic and
Business Research, those provided by the Executive Office of the Governor, or shall be
generated by the Village.
1.2.3 Level of Service Standard Requirements
Level of service standards shall be established by the Village to ensure that adequate
facility capacity is provided for future development and for the purposes of issuing
development orders or permits. North Palm Beach shall establish a level of service
standard for each public facility located within its boundary.
1.2.4 Internal Consistency Requirements
Required comprehensive plan elements shall be consistent with each other. All
elements shall follow the same general format. Where data are relevant to several
elements, the same data shall be used, including population estimates and projections.
Each map depicting future conditions must reflect goals, objectives, and policies within
all elements and each such map must be contained within the comprehensive plan.
1.2.5 Plan Implementation Requirements
Recognizing that the intent of the Legislature is that comprehensive plans are to be
implemented, sections containing goals, objectives, and policies shall describe how
North Palm Beach's programs, activities, and land development regulations will be
initiated, modified or continued to implement the comprehensive plan in a consistent
manner.
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It is not the intent of Chapter 9J-5 to require the inclusion of implementing regulations in
the Village's comprehensive plan, but rather to require the identification of programs
activities, and land development regulations that will be part of the strategy for its
implementation.
1.2.6 Monitoring and Evaluation Requirements
For the purpose of evaluating and appraising its implementation the Village's
comprehensive plan shall contain a section identifying the monitoring updating and
evaluation procedures to be followed in preparing the required periodic evaluation and
appraisal report (EAR). That section shall address:
1. Citizen participation in the process.
2.__Updating appropriate baseline data and measurable objectives to be
accomplished in the first five-vear period of the plan, and for the long-term
eriod.
3. Accomplishments in the first five-vear period, describing the degree to which
the goals, objectives and policies have been successfully reached.
4. Obstacles or problems which resulted in the underachievement of goals
objectives, or policies.
5. New or modified goals, objectives, or policies needed to correct discovered
problems.
6. A means of ensuring continuous monitoring and evaluation of the plan during
the ensuing five-vear period.
1.2.7 Procedural Requirements
The Village's comprehensive plan shall be adopted and amended pursuant to the
procedural requirements of Sections 163.3161-.3215, Florida Statutes including but not
limited to the followinq:
1. The comprehensive plan shall be prepared, and periodically evaluated and
amended in accordance with a schedule adopted by the Florida Department of
Community Affairs.
2. Comprehensive plans shall be prepared in accordance with Section 163.3174
and Subsection 163.3167(4), Florida Statutes, relating to the Local Planning
Agency (LPA). Proposed plans and amendments shall be considered at a public
hearing with due public notice by the LPA prior to making its recommendation to
the governing body.
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3. Comprehensive plan amendments shall be considered and adopted in
accordance with the procedures relating to public participation adopted by the
Village and the LPA pursuant to Section 163.3181, Florida Statutes, and Section
9J-5.004 Florida Administrative Code. North Palm Beach shall submit with its
transmittal, pursuant to Subsections 163.3167(2) and 163.3191, Florida Statutes,
a copy of the procedures for public participation that have been adopted by the
Village.
4. The comprehensive plan and any amendments shall be transmitted after
formal action by the Village in accordance with the provisions of Sections
163.3184 and 163.3187, Florida Statutes, and any procedural rules adopted by
the Department of Community Affairs pursuant to Subsection 163.3177(9),
Florida Statutes.
5. With the exception of small-scale amendments. which may be submitted at
any time, the comprehensive plan shall not be amended more than two times
during any calendar year except in the case of amendments directly related to a
Development of Regional Impact (DRI) pursuant to Sections 380.05, 380.061,
and 163.3187(1)(c), Florida Statutes or in the case of any emergency pursuant to
Section 163.3187(1)(a), Florida Statutes. The comprehensive plan and
amendments shall be adopted by ordinance and only after the public hearings
required by Section 163.3184(15)(b), Florida Statutes, have been conducted
after the notice required by Sections 163.3184(15)(b) and (c), Florida Statutes.
Upon adoption, North Palm Beach shall transmit to the Department of
Community Affairs a copy of the ordinance and the required notices.
6. The comprehensive plan shall be periodically evaluated and updated as
required by Section 163.3191, Florida Statutes, and Chapter 9J-5, Florida
Administrative Code. A copy of the adopted report required by Section
163.3191, Florida Statutes, shall be transmitted to the Department prior to the
time of transmittal of related amendments pursuant to Section 163.3191(4),
Florida Statutes.
1.3 COMPONENTS OF THE NORTH PALM BEACH COMPREHENSIVE PLAN
The North Palm Beach Comprehensive Plan is structured to meet all of the statutory
and rule requirements as defined in Sections 1.1 and 1.2 above.
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1.3.1 Goals, Objectives and Policies
The following sections of this document shall comprise the goals, objectives and
policies component of the North Palm Beach Comprehensive Plan:
ELEMENT
SECTION
FUTURE LAND USE 3.0
TRANSPORTATION 4.0
HOUSING 5.0
INFRASTRUCTURE 6.0
COASTAL MANAGEMENT 7.0
CONSERVATION &0
RECREATION AND OPEN SPACE 9.0
INTERGOVERNMENTAL COORDINATION 10.0
CAPITAL IMPROVEMENTS 11.0
PUBLIC SCHOOL CONCURRENCY 12.0
ANNEXATION (Optional Element) 13.0
1.3.2 Capital Improvements Implementation
Sections 1.3.5 and 11.4 of this document shall comprise the capital improvements
implementation component of the North Palm Beach Comprehensive Plan.
1.3.3 Monitoring and Evaluation
The intent of this section is to meet that portion of the general reauirements reaardin
monitoring and evaluation procedures. Specifically, Chapter 9J-5-005(7) Florida
Administrative Code, states: "Each element of the comprehensive plan shall contain
procedures for monitoring, evaluating and appraising implementation of the plan.
Specific measurable obiectives shall be included to provide a basis for evaluatina
effectiveness as required by Section 163.3191, Florida Statutes."
Section 163.3161, Florida Statutes requires that the Village's planning program be a
continuous and ongoinq process. In order to institute the ongoinq process, Section
163.3161 requires that a formal Evaluation and Appraisal Report (EAR) be prepared
and submitted to the state each seven years.
Requirements of the EAR process include a detailed evaluation and assessment of the
comprehensive plan, including statements to direct the updating process, as well as the
following specifics:
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• A brief description of the process used to prepare and adopt the EAR.
• A discussion of changes in population since the plan was adopted, or last
amended.
• Identification of the amount and location of vacant land and its suitability for
development.
• A discussion of the extent to which the community has been able to meet the
demands of growth on its infrastructure, maintenance of level -of -service
standards, concurrency management, and financial feasibility of the plan.
• A discussion of whether development has located where it was anticipated in the
plan.
• An assessment of the success of coordinating land uses and school facilities
planning_
• An evaluation of the plan with respect to the Water Management District's Lower
East Coast Water Suaaly Facilities Plan.
• An assessment of the successes or shortcomings of each element.
1.3.4 Citizen Participation
When the Village begins the adoption or amendment process, it is required by State law
that appropriate public hearings be held. Procedures presented in Chapter 163, Part II,
Florida Statutes are closely followed and adhered to at that time. As particular issues or
matters of an expressed community concern arise, the Local Planning Agency (LPA)
may hold additional public meetings or hearings, to address such concerns. Copies of
public meeting legal notices are published pursuant to Chapter 163, Florida Statutes.
Depending upon the detail and need for summaries, the LPA may decide if, and when,
to prepare Executive Summaries of comprehensive plan amendments, elements and/or
support documentation.
1.3.5 Monitoring and Evaluating Capital Improvements
In addition to the general requirements for monitoring and evaluation procedures
identified in Chapter 9J-5.005(7), Florida Administrative Code, it is further required that
the Capital Improvements Element, and particularly the 5 -Year Schedule of
Improvements, be reviewed on an annual basis. Therefore, the Village shall review the
Capital Improvements element of the Comprehensive Plan each year to assess the
need for amendments thereto. Each defined capital expenditure and/or project will be
reviewed to determine its current status. Any capital project that has been completed
will be reported as implemented. Those projects that have not been completed or have
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been partially accomplished will be reassessed for current applicability. If determined to
be a valid current concern, incomplete or unaccomplished capital improvements will be
re -prioritized and rescheduled. Those projects that are no longer valid Village concerns
will be deleted from the list of projected improvements.
1. 3.6 Maps Showing Future Conditions
Required maps showing future conditions are included within the Goal, Objectives and
Policies components of the various elements of the North Palm Beach Comprehensive
Plan.
1.3.7 Comprehensive Plan Adoption Ordinance
The comprehensive plan adoption ordinance is included herein as Exhibit 1-1. Copies
of legal notices, published pursuant to Chapter 163, Florida Statutes are on file with the
North Palm Beach Villaae Clerk,
1.4 SUPPORT DOCUMENTATION
The balance of the statutory requirements not specifically cited in Sections 1.3.1
through 1.3.7 shall be considered as support documentation. These requirements are
addressed in the 1989 Village of North Palm Comprehensive Development Plan
document, and updated by the North Palm Beach Evaluation and Appraisal Report
(EAR), dated May 1996 and 2007, the Water Supplv Facilities Plan, dated July 2008
the U.S. Highway 1 Corridor Study, dated 2008, the 2009 Support Documentation for
the Capital Improvements Element update, and the 2009 Comprehensive Plan Support
Documentation report. Support documentation that forms the basis for the
Comprehensive Plan should be updated, as necessary, during the preparation of the
annual review and update of the Capital Improvements Element and 5 -Year Schedule of
Improvements, the EAR, special studies commissioned by the Village, or as part of the
EAR -based comprehensive plan amendments.
1.5 PLANNING PERIOD
According to Chapter 9J-5.005(4), Florida Administrative Code, the Village's
comprehensive plan must include at least two planning periods; one for at least the first
five-year period subsequent to the adoption and one for an overall ten-year period. On
this basis, the following two required planning periods are utilized in the North Palm
Beach Comprehensive Plan: Short-range — FY 2009 to 2013; and Long-term — FY
2014 to 2018.
The Village is projected to be fully developed, with no remaining vacant land, during the
short-range planning period, with the exceptions of future redevelopment or annexation
activities. As a result, buildout impacts upon infrastructure and services, as projected in
the Evaluation and Appraisal Report (EAR) are fully accounted for in the short-range
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planning period. This conclusion will be reassessed at the time each subsequent
Evaluation and Appraisal Report is prepared, and in the event of any Future Land Use
Map amendments or annexation activity_
1.6 POPULATION PROJECTIONS
Population projections for North Palm Beach were prepared during the 2006 EAR
process. It was projected that buildout of the Village will occur during the 2009 — 2013
period. Based upon analysis in the EAR, it is projected that North Palm Beach will
reach its buildout population potential of 13,091 permanent residents and 1,535 peak
seasonal residents durinq the Short-range planning period (FY 2009 — 2013) of this
Comprehensive Plan.
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EXHIBIT 1-1
(Adoption Ordinance)
Ordinance will be included herein upon second reading