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2006-24 Clarifies Charter Ref. to Public Services-Allocates DutORDINANCE 2006-24 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES TO REFLECT THE ELIMINATION OF THE DEPARTMENT OF PUBLIC SERVICES AND ALLOCATE ITS DUTIES AND RESPONSIBILITIES BETWEEN THE NEWLY CREATED DEPARTMENT OF PUBLIC WORKS AND THE DEPARTMENT OF COMMUNITY DEVELOPMENT; AMENDING SECTIONS 2-40, 5-15, 6-17, 6-114, 6-117, 8-3, 14-27, 14-29, 15-2, 19-112, 19-116, 19-117, 21-44, 21-47, 21-70, 21-103, 21-104, 27-27, 36-9, 36-10, 36-11, 36-12, 36-14, 36-38.1, 45-20, 45-27 AND 45-37 OF THE VILLAGE CODE; CLARIFYING THAT THE CHARTER REFERENCE TO THE DEPARTMENT OF PUBLIC SERVICES SHALL APPLY TO BOTH NEWLY CREATED DEPARTMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Ordinance No. 2006-23, the Village Council divided the Department of Public Services into two departments, namely, the Department of Public Works and the Department of Community Development; and WHEREAS, there are numerous references throughout the Code of Ordinances to the Department of Public Services, and the Village Council wishes to amend those provisions to reflect the proper newly created department; and WHEREAS, the Village Council wishes to clarify that the reference to the Department of Public Services in the Village Charter shall be construed to apply to both the Department of Public Works and the Department of Public Services; and WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best interests of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby amends the following provisions of the Village Code of Ordinances to reflect a change from the Department of Public Services to the Department of Public Works or the Department of Community Development (additional language is underlined and deleted language is st.:;,n°-~~~gn): A. Chapter 2. Administration: Article III, "Administrative Code," Division 1, "Generally," Section 2-40, "Departmental organization," of the Village Code is amended to read as follows: Page 1 of 17 (a) The administrative service of the village shall be divided under the administrator into the following department and heads thereof: *** (3) Department of public ser~ie~s works, director of public s~er~iees works. Department of community development director of community development. (4 5) Department of recreation, director of recreation. (~ 6) Department of library, librarian. (b 7) Department of country club, country club administrator. B. Chapter 5. Boats, Docks and Waterways: Article I, "In General," Section 5-15, "Living aboard boats restricted," of the Village Code is hereby amended to read as follows: Living aboard boats in commercial wet storage marinas is permitted; provided, further, that, the following regulations apply to commercial wet storage marinas where persons live aboard boats: (3) A dockmaster or person shall be in charge of each marina and shall maintain a log which shall include a current list of persons registered to live aboard boats in that marina, the register number of all boats docked in the marina, and a description of the marine sanitation devices installed in each boat, available at all times for use and inspection by the village "''"^ ~°~'~~~^°~ community development department. This requirement is to aid in the protection of life and property at marinas and to deter unauthorized persons from being in the marina areas. C. Chanter 6, Buildings and BuildinE Regulations: 1. Article II, "Minimum Construction Standards," Section 6-17, "Codes adopted," of the Village Code is hereby amended to read as follows: The 2001 edition of the Florida Building Code including the amendments to the code as recommended by the Building Advisory Board of Palm Beach County and the Village of North Palm Beach are hereby adopted and incorporated herein, as part of the minimum construction standards for the Village of North Palm Beach, Florida. Page 2 of 17 Department of D~~'~'~^ ~^- Community Development shall be substituted for Building Department in the adopted code. 2. Article V, "Signs and Outdoor Displays," Section 6-114, "Permitted temporary signs," is hereby amended to read as follows: (D) Restriction on content of temporary signs. A temporary sign may display any message so long as it is not: (2) Advertising as defined by this Code, except that advertising for the following purposes may be displayed: c. To announce or advertise such temporary uses as grand openings, carnivals, revivals, sporting events, or any public charitable, educational or religious event or function. Such message shall not be displayed more than thirty (30) days prior to the event or function and shall be removed within two (2) working days after the special event. Approval of the size and locations of the signs by the department of pal-i~-i~ community development is required. 3. Article V, "Signs and Outdoor Displays," Section 6-117, "Design, construction and location standards," is hereby amended to read as follows: (I) Format for multiple occupancy complexes. ...The sign format shall be included as a submittal for authorization to erect such a sign and shall be maintained on file in the department of ~~~'~'~^ ~^-~~~^^~ community development. D. Chapter 8, Emergency Management: Article I, "In General," Section 8-3, "Emergency management structure," of the Village Code is hereby amended to read as follows: (c) The public safety building's multi-purpose room shall serve as the village emergency operations center as necessary. The department of public ~°- works building will serve as a back-up emergency operations center should the need arise. E. Chapter 14, Health and Sanitation: Page 3 of 17 1. Article II, "Garbage, Trash and Refuse," Division 2, "Garbage Collection and Disposal," Section 14-27, "Charges -generally," of the Village Code is hereby amended to read as follows: (2) ... Where a dwelling of three (3) or more units is a condominium and the condominium association or the developer of the condominium notifies the director of public ser~~~sworks, garbage and trash fees shall be billed to the individual owners of condominium units. 2. Article II, "Garbage, Trash and Refuse," Division 2, "Garbage Collection and Disposal," Section 14-29, "Same -when and where paid," of the Village Code is hereby amended to read as follows: ... If a delinquent account is not paid within thirty (30) days, the director of public ser-~iees works shall cease all refuse collection for that account unless otherwise directed by the village manager. F. Chapter 15, Housing: Section 15-2, "Same -Amendments," of the Village Code is hereby amended to read as follows: The following amendments and additions are hereby made to the housing code adopted by section 15-1 of this code: 102.1 Enforcement officer. There is hereby established by the applicable governing body provisions for the enforcement of this code by the housing official. The director of pnbli~ seises community development shall serve as the housing official. Section 107. Appeal. . Appeals shall be on forms provided by the department of p~l-is s~er~ises community development, and shall be accompanied by a filing fee of one hundred fifty dollars ($150.00). G. Chapter 19, Offenses and Miscellaneous Provisions: Page 4 of 17 1. Article IV, "Noise Control," Section 19-112, "Fixed mechanical equipment," of the Village Code is hereby amended to read as follows: (b) The director of Inc-~~~ community development shall require compliance with all reasonable sound abatement measures and sound screening which may be necessary to prevent all existing and new fixed mechanical equipment, including, but not limited to air conditioning equipment, from creating unnecessary or offensive noise. 2. Article IV, "Noise Control," Section 19-116, "Enforcement -- Authority," of the Village Code is hereby amended to read as follows: (b) The provisions of this chapter involving stationary mechanical noise source control and complaints and any authority and responsibility specifically designated to the director of publie--ser~ice~ community development shall be investigated and enforced by the department of r~~'~'~^ ~o--»^^~ community development. Specifically, where the use of a decibel meter is needed to determine sound levels, the department of ~~•'-~~^ ~^~-•~^~~ community development shall investigate and enforce the article. The department of public safety shall assist the department of pub}i~-~=:-i community develo ment when requested to do so. 3. Article IV, "Noise Control," Section 19-117, "Same -- Procedure," of the Village Code is hereby amended to read as follows: (b) All other noise. In all other cases, the procedure for enforcing provisions of this chapter shall be as follows: (1) A police officer or designated person in the department of ~~~~^ ~o...»^^~ community development shall investigate and determine if a violation has or is occurring. (2) If the noise is found to be in violation of this article, a police officer or designated person in the department of p}rb-1;~~~~ community development may give a warning to the person or persons responsible for the unnecessary, excessive or offensive noise. (3) ... In the case of enforcement action by the department of ~~~~~^ ~o,..>:^^~ community development, a notice of violation shall be issued requiring the responsible party to appear before the code enforcement board. Page 5 of 17 H. Chanter 21, PlanninE and Development: 1. Article IV, "Concurrency Management," Section 21-44, "Definitions," of the Village Code is amended to read as follows: fThe following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:} Adequate public facilities determination means a determination approved by the director of H~~'~'~° ~°~~~^°~ community development, pursuant to the terms of this article, that serves as a conditional statement that, based upon existing public facility capacity and planned public facility capacity, adequate public facilities are thought to be available to serve development at the time of the approval of the adequate public facilities determination. Certificate of concurrency reservation means a certificate approved by the director of ~'~^ ~°~~~~^°~ community development pursuant to the terms of this article that constitutes proof of adequate public facilities to serve the proposed development. 2. Article IV, "Concurrency Management," Section 21-47, "Regulatory program; review of development to ensure adequate public facilities are available," of the Village Code is amended to read as follows: (c) Review to determine public facility adequacy. (2) Rules of general applicability. a. Timing. .. .Review of an application shall be initiated by the director of publiE~er~~s community development pursuant to subsection (c)(4). (4) Procedure for review of application. a. Submission of application. An application for either an adequate public facilities determination or a certificate of concurrency reservation shall be submitted at any time during the year, to the department of n~~'~'~^ ~°-~~~^°~ community development in a form Page 6 of 17 established by the director of pubn~~~ community development and made available to the public. Review of an application shall be initiated by the director of gavii~cT=r'icc~ community development pursuant to subsection (c)(2)a. b. Determination of completeness and review. 1. Determination of completeness. After receipt of an application for certificate of concurrency reservation, the director of p~l~er~iees community development shall determine, within fifteen (15) days of initiation of processing, whether it is complete and includes data necessary to evaluate the application.... The director of puh~ic---ser~ice~ community development shall take no further action on the application unless the deficiencies are remedied. 2. Review and recommendation of village departments and service providers. When the director of pAm'i~ community development determines the application is complete, the application shall be forwarded to village departments and service providers for review. 3. Decision to issue or deny. (a) Adequate public facilities determination. Upon receipt of a statement from the village departments and service providers regarding an application for an adequate public facilities determination, the director of gub}i~~ees community development shall review the statements and the application within ten (10) days, and determine if it complies with all the public facility component standards of subsection (c)5. If the application complies with all of the public facility component standards in subsection (c)(5), the director of ~.,,p~''~^-~~~ community development shall issue an adequate public facilities determination. (b) Certificate of concurrency reservation. Upon receipt of a statement from the village departments and service providers regarding the application for a certificate of concurrency reservation, the director of pul~lie-sets community development shall review the statements and the application within ten (10) days, and determine if it complies with all the public facility component standards of subsection (c)(6). If the director determines that the application complies with all of the public facility Page 7 of 17 component standards of subsection (c)(6), the director of p~i}~- ~- community development shall recommend that the planning commission review and recommend to the village council that the council issue a certificate of concurrency reservation. If the director of pubic ~ei.~ community development or the planning commission or the village council determines that an application fails to meet any one (1) of the public facility component standards of subsection (c)(6), the applicant shall be notified of such deficiency, and may, in the case of a certificate of concurrency reservation, remedy the application through a development agreement or other means within ninety (90) days. 2. Article V, "Stormwater Management," Section 21-70, "Water quality," of the Village Code is amended to read as follows: (a) Definitions. (2) Director: The director of public °~°.. works. 3. Article VI, "Archaeological Site Protection Regulations," Section 21-103, "Definitions," of the Village Code is amended to read as follows: Department: D~~'~'~^ ~°--~~^°~ community development department . 4. Article VI, "Archaeological Site Protection Regulations," Section 21-104, "Development subject to archaeological review," of the Village Code is amended to read as follows: Development shall be subject to this article as follows: (a) Previously unidentified archaeological sites discovered during development. (4) The archaeological consultant shall evaluate the significance of the archaeological find and send a written archaeological evaluation report to the property owner and director of the pubfi~-; community development department within seven (7) working days from issuance of the suspension order; Page 8 of 17 L Chapter 27. Trees and Shrubbery: Article II, "Trees in Swale Areas," Section 27-27, "Planting and removal; written approval required," of the Village Code shall be amended to read as follows: No trees shall be planted in the swale areas except by the village or by property owners who have obtained written approval of the public s~e~ises works director to plant any tree. J. Appendix A. Appearance Plan: Section I, "Basis for the Appearance Plan," of the Village Code is hereby amended to read as follows: The Appearance Ordinance, and applicable sections of the Appearance Plan, will be administered through the Office of the North Palm Beach Director of I~li~e~ces Community Development, with the Appearance Board acting upon matters relating to appearance as authorized by the Appearance Code. K. Appendix B. Subdivisions: 1. Article II, "Procedures for Plat Approval," Section 36-9, "Pre-application conference," of the Village Code is hereby amended to read as follows: Prior to the preparation of the preliminary plat, the subdivider or his agent shall informally seek the advice of the village council, the department of puh'~er community development and other responsible agencies in order to become familiar with the subdivision requirements and provisions of the comprehensive plan affecting the territory in which the subdivision is proposed to be located. 2. Article II, "Procedures for Plat Approval," Section 36-10, "Preliminary plat procedure," of the Village Code is hereby amended to read as follows: (1) Application for preliminary plat approval. In order formally to seek action on the preliminary plat, the subdivider shall submit an application form, a minimum of twenty (20) copies of the preliminary plat and the application fee to the department of public--ser~ises community development. (4) Review comments. The department of public---se~iees community development shall forthwith transmit one (1) copy of the preliminary plat Page 9 of 17 to the village engineer, copies to the village council and additional copies to appropriate agencies. (7) Notification of action. The recommendation of the planning commission and the action of the village council shall be noted on two (2) copies of the preliminary plat, one (1) copy of which shall be returned to the subdivider and the other retained by the department of p~~^ ~°n•~°°~ community development. 3. Article II, "Procedures for Plat Approval," Section 36-11, "Preliminary plat specifications," of the Village Code is hereby amended to read as follows: (24) Flood hazard reports.... The department of ^~~'~'~^ ~°-~~~°°~ community development shall transmit one (1) copy of this information described to the village engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection and other technical matters. 4. Article II, "Procedures for Plat Approval," Section 36-12, "Construction plans procedure," of the Village Code is hereby amended to read as follows: (2) Submission and review of construction plans. The subdivider shall submit four (4) sets of prints ... to the department of ~~'~'~^ ~°,..,;^°~ community development along with a filing fee of three hundred dollars ($300.00) together with a deposit of the estimated costs of the village in processing the application.... If constructions plans are not consistent ...the village engineer shall notify the subdivider and the department of r„i.':° ~°--~~~°°~ community development: 5. Article II, "Procedures for Plat Approval," Section 36-14, "Final plat procedure," of the Village Code is hereby amended to read as follows: (1) General. .After completion of the required improvements of the subdivision or the posting of a surety bond, the subdivider shall submit to the department of r~•'~'~° ~°-^~~^°~ community development a final plat in accordance with the following procedure. (2) Application for ,final plat approval. After the preliminary plat of a proposed subdivision has been given approval by the village council, the subdivider shall, within twelve (12) months or such additional time as may be granted by the village Page 10 of 17 council, submit to the department of p~l-ic Lei ~~ community development at least forty-five (45) days prior to the meeting of the planning commission at which it is to be considered, the following: (3) Planning commission review The planning commission shall review and make its final recommendation on the final plat within forty-five (45) days after the plat is submitted to the department of a«'~'~^ ~^r<~~^^~ community development. (6) Recording of final plat. ... Upon recording the approved final plat, a copy of any private covenants or deed restrictions shall be provided by the subdivider for the records ofthe department ofr«'~'~^ ~o..~,;^^~ community development. 6. Article V, "Enforcement Provisions," Section 36-38.1, "Land clearing; vegetation and wildlife protection and preservation," of the Village Code is hereby amended to read as follows: (1) Generally. (c) Vegetation removal permits. (i) Generally: Unless otherwise provided in this section, no person, corporation, association, public agency, or agent or employee thereof, shall effectively destroy or remove native vegetation as defined in section 7(1)b [subsection (1)(b) of this section] from any property within the village without first obtaining a vegetation removal permit from the department of ~<'~'~^ ~o,.<,:^^~ community development. (ii) [Application fort vegetation removal permits. Permits for the removal, relocation or replacement of vegetation covered herein shall be obtained by submitting an application, on a form prescribed by the village, with the department of p~bi community development of North Palm Beach. (2) Application procedure for vegetation removal permit within proposed development for which separate building permit or tentative plan approval is requested. (a) Preliminary review As a precondition to the filing or receiving of any application for a building permit with the department of pnbl community development, the applicant shall make application for and Page 11 of 17 receive a preliminary approval certificate from the department of ~ se~ie~s community development. *** (b) Required vegetation inventory. Each application for a vegetation removal permit shall be accompanied by a generalized vegetation inventory which shall consist of the following: (iii) Reasonable additional information. The department of pub}iE ser~iEes community development may require that the application include such additional information which is reasonable and necessary for adequate administration of this section. (c) Preliminary approval. (i) Issuance for lots with minimal vegetation disruption. Where the department of~~'~'~^ ~~~_•~^^~ community development has verified that no native vegetative removal activity is involved in a proposed development, a preliminary approval certificate shall be issued forthwith. (ii) Issuance for lots with significant disruption. A decision to grant or deny the preliminary approval certificate with or without conditions shall be made by the department of Fub~ic-Derv=~ community development within ten (10) working days of the applicant's submission of the information required in this section and provided the information is deemed sufficient as to form and content by the department of pal-iffier=~~ community development. Preliminary approval for an application involving vegetation removal activity shall be granted only if the department of „„~Pa~~e~vi~ community development finds that all reasonable efforts have been undertaken in the layout and design of the proposed development to preserve existing native vegetation and wildlife and to otherwise enhance the aesthetic appearance of the development by the incorporation of existing native vegetation in the design process. (d) Certification of compliance. Prior to the issuance of any building permit or site development permit upon property which received a preliminary approval certificate under this section, the department of ~••'~'~^ ~^,.,.;^^~ community development shall certify that the final construction plans comply with the preliminary site plan as it affects existing native vegetation. Page 12 of 17 (g) Final inspection. No final certificate of occupancy shall be issued until the relocation or replacement of vegetation and/or wildlife, as required by the vegetation removal permit, has been completed and then final vegetation inspection approval has been given by the department of public ~e=.~i~ community develo ment. Vegetation relocated from one (1) portion of the site to another which does not survive transplantation shall be replaced with a suitable replacement as specified by the department of "~'''"^ ~°~~~~^°~ community develo ment. (3) Application procedure for vegetation removal unrelated to building permit applications. (b) Required vegetation inventory. Each application for a vegetation removal permit shall be accompanied by a vegetation inventory which consist of the following: (iii) Reasonable additional information. The department of public seises community development may require that the application include such additional information which is reasonable and necessary for adequate administration of this section. (c) Application review An application shall be reviewed for completeness by the department of ~~•~~~^ ~°-~•~^°~ community development ,which review may include a check of the site and referral of the application for recommendation to other appropriate administrative departments or agencies. The department ofp~~~^ ~°~•~^°~ community development shall render a decision of the application within ten (10) working days of the receipt of the completed application. (e) Relocation, replacement of native vegetation and removal of exotic species. As a condition to the granting of a vegetation removal permit under this section the applicant shall be required to: (iii) Replace vegetation which will be destroyed with suitable replacements elsewhere within this site. In the determining relocation, replacement or root pruning of vegetation, the Page 13 of 17 department of p~~i~er~ ices community development shall consider the needs of the intended use of the property, including all lands dedicated to public use, together with an evaluation of the following: (fl Permit issuance and permit card. Upon approval of an application made under this section and the payment of the required fee, the department of p~~-ser~iees community development shall issue a permit therefor. With each such permit, the department of ~tiHtii-se~ti=ices community development shall issue a weatherproof permit card which shall bear all pertinent information thereon. (4) Vegetation protection during construction. (a) Generally. During construction, all reasonable steps necessary to prevent the destruction or damaging of protected vegetation shall be taken. Protected vegetation destroyed or receiving major damage must be replaced by vegetation of equal environmental value, as specified by the department of ~~~~~~ ~o,...;,.o~ community development, before occupancy or use unless approval for their removal has been granted under permit. (e) Protective barriers. (v) Protection of individual trees. When the retention of single trees is required by this code [section], a protective barrier shall be placed around the tree at a distance from the trunk of six (6) feet or two- thirds of the drip line, whichever is greater, of a hardwood tree, and six (6) feet from the trunk or at the drip line, whichever is greater, for a softwood tree, or as otherwise determined by the department of ^~~'~'~^ ~~-~~~^~~ community development. (5) Exceptions. (a) Vegetation endangering health, safety or property. In the event that any vegetation shall endanger health, safety or property, and require immediate removal without delay, after observation and the taking of a photograph of the subject vegetation, verbal authorization may be given by the director of P o'n.'c---services community development and the vegetation removed without obtaining a written permit as herein required. Page 14 of 17 Such verbal authorization shall subsequently be confirmed in writing by the department of H~~'~'~^ ~or community development. (c) Fee exceptions. The department of P~~e-~er~~ community development shall provide guidance to any individual in doubt as to the identity of any particular vegetation. L. Appendix C. Zoning: 1. Article II, "Generally," Section 45-20, "Adult entertainment establishment," of the Village Code is hereby amended to read as follows: (4) Prohibited locations. (b) In addition to the distance requirements set forth in subsection (a), an adult entertainment establishment shall not be allowed to open, exist or do business anywhere except in the C-1 and C-2 zoning district where adult entertainment establishments are an expressly permitted use subject to review of the village director of ~~~'~'~^ ~^--~~^^~ community development for conformance with the requirements of the village's land development regulations. 2. Article III, "District Regulations," Section 45-27, "R-1 single family dwelling district," of the Village Code is hereby amended to read as follows: E. Off street parking regulations. ... All parking spaces shall consist of a durable surfaced area as approved by the p~fie-~er~iees community development director, enclosed in the dwelling, in an accessory building or in an unenclosed area, exclusive of the driveway, connecting the parking space to the street. 3. Article III, "District Regulations," Section 45-37, "Historic district overlay," of the Village Code is hereby amended to read as follows: C. Creation of local register of historic sites. ...The local register will be kept by the director of ~•~'-'~^ ~^-~~~^^~ community development. Page 15 of 17 E. Placement on local register. The following procedure shall be followed for placement of sites, buildings, structures, objects, areas and districts on the local register: 1. A nomination form, available from the department of pul~i~ community development, shall be completed by the applicant and returned to the department. G. Effect of listing on local register. ...The director of r~~'~'~^ ~^ community development is authorized to issue and place official signs denoting the geographic boundaries of each district listed on the local register. H. Certificate of appropriateness. 1. When required. b. For each of the regulated work items listed below, the following applies. ii. Staff approval. If the work is not "ordinary maintenance," but will result in the "original appearance" as defined in this code, the certificate of appropriateness may be issued by the director of "'''~^ ~°,..,;^°~ community development. Section 3. The duties and responsibilities of the Public Services Department have been allocated to the Public Works Department and the Community Development Department. Consequently, the reference to the Public Services Department Administration in Article III, Section 12 of the Village Charter shall be construed to include both the Public Works Department Administration and the Community Development Department Administration, thereby retaining its existing meaning and avoiding the need for a referendum vote to amend the Charter to conform to Ordinance No. 2006-23. Page 16 of 17 Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall take effect immediately upon adoption. PLACED ON FIRST READING THIS 26TH DAY OF OCTOBER, 2006. PLACED ON SECOND, NOVEMBER, 2006. (Village Seal) FINAL READING AND PASSED THIS 9TH DAY OF ATTEST: ~~~~~~ ~~ ~~~~~ Village Clerk Page 17 of 17