1993-033 Wetlands Protection' RESOLUTION NO. 33-93
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, OBJECTING TO THE PROPOSAL OF PALM BEACH COUNTY
THAT THE WETLANDS PROTECTION SECTION OF THE UNIFIED LAND
DEVELOPMENT CODE BE ADOPTED UNDER THE AUSPICES OF THE
ENVIRONMENTAL CONTROL ACT, THUS BEING EFFECTIVE COUNTYWIDE, EVEN
WITHIN THE INCORPORATED AREAS OF PALM BEACH COUNTY, IN
DEROGATION OF THE RECENTLY APPROVED AGREEMENT BETWEEN THE
BOARD OF COUNTY COMMISSIONERS AND THE PALM BEACH COUNTY
MUNICIPAL LEAGUE RELATIVE TO COUNTYWIDE ORDINANCE PROCEDURES;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, it has come to the attention of the Village Council of the Village
of North Palm Beach, Florida, that the Palm Beach County Board of County
Commissioners proposes to amend the Wetlands Protection Section of the Unified
Land Development Code; and
WHEREAS, this particular ordinance was originally adopted several years
' ago under the auspices of the Environmental Control Act, a special act in Palm
Beach County adopted in 1977; and
WHEREAS, when this particular ordinance was adopted to apply
countywide, it was with the provision that if "delegation" was not achieved from
the Department of Environmental Resources Management, that portions of the
ordinance would sunset; and
WHEREAS, the sunset provision of this wetlands ordinance was extended
by the Board of County Commissioners until March 15, 1993; however, delegation
has not been achieved; and
WHEREAS, in the meantime, the Board of County Commissioners reached
an agreement with the Palm Beach County Municipal League that all ordinances
proposed to have impact countywide would be presented to the Board of
Directors of the Municipal League and then to the general membership prior to
' first reading for input on whether the ordinance should be countywide, and that
even if the County determined that the ordinance should be applied countywide,
' regardless of input received from the municipalities, the County would still
retain the legal right to adopt the ordinance countywide, and the municipalities
would still retain their legal ability to "opt out" of the ordinance; and
WHEREAS, this countywide ordinance procedure policy was enunciated by
Robert Weisman, County Administrator, to all department heads in Palm Beach
County on February 2, 1993, and was reiterated by the Board of County
Commissioners as applied to these amendments to the Wetlands Protection Section
of the Unified Land Development Code on March 2, 1993; and
WHEREAS, the Department of Environmental Resource Management had
proposed to amend the Wetlands Protection Section of the Unified Land
Development Code and to submit same to the Board of County Commissioners for
first reading on June 15, 1993, to be applicable countywide with no opportunity
for municipalities to "opt out"; and
WHEREAS, this date has now been postponed due to the efforts of the
Municipal League; and
WHEREAS, the Village Council of the Village of North Palm Beach desires
to make its position known to the Board of County Commissioners in that it
opposes any attempt by the Board of County Commissioners to renege on the
policy adopted on February 2, 1993, as set forth herein, whereby the
municipalities preserved the right to "opt out" of all ordinances adopted
countywide unless they are adopted by referendum, in accordance with the Palm
Beach County Charter.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF NORTH PALM BEACH, FLORIDA, THAT:
Section 1. The Village Council of the Village of North Palm Beach,
' Florida, strongly objects to the Wetlands Protection Section of the Unified Land
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Development Code being amended in anY manner which precludes municipalities
from being able to "opt out" oP the entire wetlands protection ordinance.
Section 2. The Village Council oP the Village of North Palm Beach, Florida
hereby directs the Village Clerk to submit copies oP this Resolution to the Board
of County Commissioners and to all other municipalities within Palm Beach County
requesting that each municipality adopt a similar resolution and forward same to
the Board of County Commissioners in order to preserve the policy agreement
which is in effect between the County and the Municipal League and to prevent
further abrogation of municipal autonomy in regulatory matters.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 12th day of August 1993.
(Seal)
ATTEST:
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G J~ , ~S,r'~.
Village Clerk
Mayor
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