HomeMy WebLinkAboutOrdinance_08-19_5/9/2019ORDINANCE NO. 08-19
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78. ZONING. ARTICLE 1. IN GENERAL,
SEC. 78-4. DEFINITIONS. BY AMENDING THE DEFINITIONS FOR
"FRONTAGE FOR BUILDINGS" AND "LOT FRONTAGE" TO PROVIDE
UPDATED CLARIFICATIONS FOR THESE DEFINITIONS; AND AT
ARTICLE IX. SUPPLEMENTAL REGULATIONS, SEC. 78-284. WALLS
AND FENCES. BY PROVIDING CROSS REFERENCE TO FENCING
REQUIREMENTS FOR COMMERCIAL PROPERTIES AND
RESIDENTIAL PROPERTIES SCREENING CERTAIN BOATS AND
OTHER VEHICLES, AND BY PROVIDING CLARIFICATION TO THE
APPLICATION OF WALL AND FENCE REGULATIONS TO CORNER
LOTS; ALSO AMENDING THE VILLAGE CODE OF ORDINANCES AT
CHAPTER 46. MOTOR VEHICLES AND TRAFFIC. ARTICLE 111.
PARKING, STOPPING OR STANDING. DIVISION 2, SEC. 46-72, SEC. 46-
73 AND SEC. 46-74. BY CLARIFYING REGULATIONS REGARDING
CARPORTS AND ENCLOSED GARAGES, BY PROVIDING
REGULATIONS FOR SCREENING ON CORNER LOTS, AND BY
REPEALING THE WAIVER PROVISION AT SEC. 46-76; PROVIDING
THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTERS 78 AND 46 SHALL REMAIN IN FULL FORCE AND EFFECT
AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING
AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.
WHEREAS, the Village Council of the Village of Tequesta desires to clarify and update
certain provisions of the Village's zoning code for walls and fences, and vehicle parking /
screening code for certain boats, trailers and recreational vehicles relative to application of these
provisions to comer lots; and
WHEREAS, the Village Council believes these code revisions will be in the best interests
of the Village"of Tequesta, and will promote the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article 1. In General. See. 78-4. Definitions. by amending the definitions for
1
"Frontage for buildings" and "Lot frontage" to provide updated definitions that more clearly define
these terms; providing that these definitions shall hereafter read as follows:
Sec. 78-4. - Definitions.
The following words, terms and phrases, when used in this chapter, unless otherwise specified,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning. All words used in the present tense include the future; all words
in the singular number include the plural and the plural the singular. The word "building"
includes the word "structure." The word "shall" is mandatory. The word "person" includes a
firm, corporation or Municipal Corporation as well as a natural person. The word "map" shall
mean the official zoning map of the village. The term "council" shall mean the Council of the
Village of Tequesta and the word "village" shall mean the Village of Tequesta, a municipal
corporation of the State of Florida. The word "used" shall be deemed to include the words
"arranged, designed or intended to be used," and the word "occupied" shall be deemed to include
the words "arranged, designed or intended to be occupied." Any word or term not interpreted or
defined by this section shall be used with a meaning of common or standard utilization.
Frontage means the linear dimension of a building which faces upon a public street,,
and is roughly parallel to it. Where a building faces two or more streets, the frontage
gill tL�-2!12EZ
the principal roadway street address shall be desigLiated as the building frontage. .. . . I
on ene side ef a dedioated publie. street or- plaee between twe inter-seeting dedioated publie stfeets
or. plaees ffi-e—asurMed -al-eng the line of the dedieated publie street or- plarae, or- if the dedioated publie
street or- plarae is dead ended, then all of the pr-epei:ty abtA4ing on one side between an interseeting
-e d i -r-, -Ate d p ub 1 i e stf e et e r- p 1 a r. e afld- th e d -e -ad end e f the do di e ate d p ub 1i e. stf e et e r- p lae 0. q4I 0 te
aise ineludes dedieated ingress egfess easements when used for the on!), fneans ef aeress. See
-placement,,on comer lots. See
,:..:,Sec. 78"284'�regarding application of "Frontage" to wall and fence
Sec. 46-73 and 46-74 regarding application of '!Frontage" to vehicle and equipment paLking on
comer lots in the R -IA, R-1, R-2 and R-3 zoning districts,
Lot
firontage means. The fvent ef-A ]At shall he raenstFued to the portion of a lot nearest the street;
also the front property line. Where a building has two sides that face two or more streets, the side
associated with the street address shall be designated as having lot frontage, or the front propeLty
2
line. For- the purposes of determining yar-d en eemer !A8 and threligh lots, all si
efa lot adjaeent to stfeets sh-all- be eensider-ed ffentage, and y—ards; sh-all h -e- pr-evided as indieated
ufider-:�wpds in this seetien. See Sec. 78-284 regaLdin a lication of "Frontage" to wall and fence
g -pp— -
placement on comer lots. See Sec. 46-73 and 46-74 regarding application of "Frontage" to vehicle
and equipment parking on comer lots in the R- I.A, R- 1, R-2 and R-3 zoniny, districts.
Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article IX. Supplemental Regulations. Sec. 78-284. Walls and fences. by
providing cross reference to fencing requirements for commercial properties and residential
properties screening certain boats and other vehicles, and by providing clarification to the
application of wall and fence regulations to comer lots; providing that Sec. 78-284 shall hereafter
read as follows:
Sec. 78-284. - Walls and fences.
(a) Walls and fences may be erected or maintained within or adjacent to a property line to a
height not exceeding six feet. No wall or fence shall be permitted to extend forward of the
adjacent or nearest portion of the building front, regardless of the actual, allowed building
setback line, on any lot or. parcel (see Fig. a), except for lots or parcels located along and
fronting upon County Club Drive, where walls not exceeding five feet in height may be
located forward of the front building line. Commercial property abutting a residential
propea shall comply with Village Code Sec. 78-403 regarding walls and fences.
(b) If a wall or fence is erected or located on a comer lot (in which case the building front shall
be considered to be the side of the building facing the right-of-way associated with the
property's street address), a vehicular and pedestrian visibility triangle (see Village Code
Sec. 78-303) shall be maintained for 25 feet in both directions from the point of inte�g
�3 lot,lines.- 'The maximum height of any wall or fence within the visibility triarigle� including
those on Count1y Club Drive, shall be two and one-half feet (see Fig.-bl
(c) Fences and walls for the screening of boats, trailers, recreational vehicles and the like on
property in the R-lA, and R-1 zoniMdistricts shall also comply with the requirements of
Village Code Chapter 46, Article 111. Division 2.
Fenees asseeiated only with areesser-5, struetures may be permitted if sueh fenees
ser-eened ffem publie view with a hedge of not less than six feet in height ner- more
7c]
(b!d) the above—, Entry features consisting of masonry columns not exceeding
six feet in height, with or without gates, are not deemed to be walls or fences and are
specifically allowed in the R -IA and R -I zoning districts and in the residential areas within
a mixed use development located in t he NW zoning district. Such entry features must be
compatible with the architecture of the residence and the streetscape, must be set back a
minimum of ten feet from the edge of the road pavement or the lot side of any sidewalk,
must provide a minimum clear width of 12 feet for access by emergency vehicles, and shall
not be located in the village right-of-way. Gates, if any, must swing inward or slide to the
side to prevent obstructions to the roadway or sidewalk. A building permit and approval by
the planning and zoning board in accordance with these regulations is required prior to the
commenceinent of construction.
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(b!d) the above—, Entry features consisting of masonry columns not exceeding
six feet in height, with or without gates, are not deemed to be walls or fences and are
specifically allowed in the R -IA and R -I zoning districts and in the residential areas within
a mixed use development located in t he NW zoning district. Such entry features must be
compatible with the architecture of the residence and the streetscape, must be set back a
minimum of ten feet from the edge of the road pavement or the lot side of any sidewalk,
must provide a minimum clear width of 12 feet for access by emergency vehicles, and shall
not be located in the village right-of-way. Gates, if any, must swing inward or slide to the
side to prevent obstructions to the roadway or sidewalk. A building permit and approval by
the planning and zoning board in accordance with these regulations is required prior to the
commenceinent of construction.
Figure a.
lot'
A
R-O-W.with or -without sidewc
Section 3: Chapter 46. Motor Vehicles and Traffic. of the Code of Ordinances of the
Village of Tequesta is hereby amended at Article 111. Parking, Stopping or Standing. Division 2,
Sec. 46-72, Sec. 46-73 and Sec. 46-74. by clarifying regulations regarding carports and enclosed
garages, by providing regulations for screening on comer lots, and by repealing the waiver
provision at Sec. 46-76; providing that Sec. 46-72, Sec. 46-73 and Sec. 46-76 shall hereafter read
as follows:
Sec. 46-72. - Parking of certain commercial vehicles and trucks prohibited in residential
areas.
(a) No commercial vehicles or trucks over three-quarters ton rated capacity may be parked on any
property or right-of-way within a residential area, subject to the exceptions listed below.
(b) For purposes of this division, residential areas include all areas within the R -I& Rn -I R-2
and R-3 and Mixed Use zoning districts 17444ap— ether- than G 1, G 2, G 3, and R/OP.
;W_'U=TW
(c) This restriction shall not apply to the temporary, daytime parking of such vehicles on private
property in residential districts upon which construction is underway and for which a
current and valid building permit has been issued by the village and such permit is properly
displayed on the premises.
(d) This restriction shall not apply to routine deliveries by tradesmen or the use of commercial
vehicles or trucks in making service calls, providing that such time period is actually in the
course of business deliveries or servicing, as the case may be.
(e) This restriction shall not apply to the parking of emergency vehicles, provided that the time
parked is actually necessary for the emergency. Further, the restriction shall not apply to
volunteer emergency vehicles driven by residents of the village and parked on their
property.
(f) This restriction shall not apply to a situation where such vehicle becomes disabled and, as a
result of such emergency, is required to be parkZd,-within a residential district for longer
than the time allowed in this section. However, any such vehicle shall be removed from the
residential district within 24 hours by wrecker towing, if necessary, regardless of the nature
of the emergency, and the cost of such towing shall be at the expense of the owner of the
vehicle.
L -I
Sec. 46-73. - Parking of certain commercial vehicles, trucks and recreational vehicles in the
R-1, R 2 and R 3 districts.
Commercial vehicles, trucks and trailers of not over three-quarters ton rated capacity, and
recreational vehicles, parked on a lot containing a single-family residence in the R-1, R 2 and
R-4 zoning district& within the village, shall be parked subject to the following conditions:
(1) The vehicles and equipment parked pursuant to this section must be owned by and used
primarily by a resident of the premises; provided, however, that a guest of the resident of
the premises may park a motor home in the driveway for not more than three consecutive
days in any 30 -day period. For the purpose of this subsection, any part of a 24-hour period,
measured from midnight to midnight, shall be considered as one day.
(2) (a) The location for such parked vehicles and equipment shall be in the rear yard or in the
side yard to the rear of a line established by the front building line adjacent to the side yard
where'the equipment is located. On a comer lot, the buLlding-front shall be considered to
be the side of the building facing the right-of-way associated with the prop��rt s str et
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address. provided, however-, that sueh equipment is Vehicles and equipment parked
pursuant to this section shall be fully screened on all four sides against direct view from
abutting properties as well as the adacent street in frent of the subjeet lot as follows:
(b) Boats, and boats on trailers must be less than 33 feet in length as identified on the vessel
registration, and excluding items such a "T -tops," windshields, antennas and outriggers, no
higher than ten feet off the ground as measured from the adjacent grade. Such boats, or
boats on trailers shall be screened to six feet in height.
(c) Prior to parking/storing any boat that requires a State of Florida Vessel Registration, a no -
fee permit shall be obtained from the village. Any boat parked pursuant to this section prior
to the effective date of this permit requirement shall have 180 days from the effective date
of the ordinance from which this permit reggement is derived (A ril 14, 2016) to.comply
p
and obtain the required permit.
(d) All other vehicles shall be screened to the top of the vehicle. Required screening shall be in
place immediately upon the commencement of parking of any such vehicle. If vegetation is
utilized for any portion of required screening, all such vegetation shall be supported with
landscape irrigation.
7
(e) For the screening of boats on trailers; however, screening by use of vegetation shall be
deemed in compliance with this requirement if, within two weeks of the commencement of
parking of the boat on trailer, five gallon sized cocoplum (or equivalent), is planted in
sufficient quantity to form the required screening upon growth to maturity.
(3) Any of the vehicles or equipment described in this section may be parked in an enclosed
private garage or fully sear-eene4 a carport that is screened on all si&��e vehicle
entrance/exit; provided, however, that no portion of the vehicle or equipment shall
out of the vehicle entrance/exit in front of eK4ead beye the roofline.
(4) The screening requirements set forth above shall apply only to vehicles that had not been
lawfully parked and screened prior to the adoption of the ordinance from which this code
was derived. Any vehicle which would otherwise be subject to the screening requirements
of this division, but which had been lawfully parked on the subject lot prior to the adoption
of the ordinance from which this code was derived (prior to July 10, 2014) in compliance
With prior screening regulations shall be subject to such prior regulations which generally
required such vehicles to be "effectively screened on three sides." A "grandfathered" vehicle
under this paragraph shall lose its "grandfathered" status in the event that it is not parked
pursuant to this section for 90 or more consecutive days.
(5) All vehicles and equipment parked pursuant to this section, and the area utilized for parking
shall be maintained in a clean, neat and presentable manner, and the vehicles and equipment
shall be in usable condition at all times.
(6) All vehicles and equipment parked pursuant to this section shall at all times have attached
a current vehicle registration and/or license plate as required by law, and if required, a
current inspection sticker.
(7) No major repairs or other work on any vehicles or equipment shall be made or performed
while such vehicles or equipment are parked pursuant to this section.
(8) Vehicles and equipment parked pursuant to this section shall not be used for living or
sleeping quarters or for housekeeping or storage purposes and shall not have attached
thereto any service connection lines, except as may periodically be required to maintain
such vehicles and equipment.
(9) No vehicle or piece of equipment parked pursuant to this section may be parked in the area
between the street lot line and the front of the building,. which for a comer lot shall be the
side of the building facing the right-of-way associated with the propefty's street address
stpaeture or in the right-of-way adjacent to the subject lot; however, one such vehicle or
piece of equipment may be parked in the front driveway for a cumulative period not
exceeding four hours in any one 24-hour period.
(10) No more than two vehicles or pieces of equipment regulated by this section may be parked
on any one residential lot at any one time.
(11) The exceptions set forth in section 46-72 shall be applicable to the vehicles and equipment
parked pursuant to this section and shall not count toward the two vehicle limit.
(12) The provisions and conditions set forth in this section are not intended to regulate the
parking of vehicles only used for personal transportation and not used or intended to be
used for commercial purposes.
(13) In the case of doubt as to the proper classification of a specific vehicle under the terms of
this section, the determination by the state motor vehicle commission shall be controlling.
The body description and classification on the motor vehicle certificate of title shall be
prima facie evidence of such determination.
Sec. 46-74. - Parking of certain commercial vehicles and recreational vehicles in the R -1A
district.
Commercial vehicles, trucks and trailers of not over three-quarters ton rated capacity, and
recreational vehicles, parked on a lot containing a single-family residence in R- I A zoning district
within the village, shall be parked subject to the following conditions:
(1) The vehicles and equipment parked pursuant to this section must be owned by and used
primarily by a resident of the premises; provided, however, that a guest of the resident of
the premises may park a motor home in the front driveway for not more than three
consecutive days in any.30-day pq od. For the purpose of this subsection, any part of a 24-
hour period, measured from midnight to midnight, shall be considered as one day.
(2) (a) The location for such parked vehicles and equipment shall be in the rear yard or in the
side yard to the rear of a line established by the front building line adjacent to the side yard
where the equipment is located. On a comer lot, the building front shall be considered to
be the side of the building facing the right-of-wav associated with the DrODertv's street
address. previded, however-, that sueh equipment is Vehicles and equipment parked
Le
pursuan=his section shall be fully screened on all four sides so as not to be visible from
abutting properties, any roadway, waterway, or golf course, as follows:
(b) Boats, and boats on trailers must be less than 33 feet in length as identified on the vessel
registration, and excluding items such a "T -tops," windshields, antennas and outriggers, no
higher than ten feet off the ground as measured from the adjacent grade. Such boats, or
boats on trailers shall be screened to six feet in height.
(c) Prior to parking/storing any boat that requires a State of Florida Vessel Registration, a no -
fee permit shall be obtained from the village. Any boat parked pursuant to this section prior
to the effective date of this permit requirement shall have 180 days from the effective date
of the ordinance from which this permit requirement is derived (March 10, 2016) to comply
and obtain the required permit.
(d) All other vehicles shall be screened to the top of the vehicle. Required screening shall be in
place immediately upon the commencement of parking of any such vehicle. If vegetation is
utilized for any portion of required screening, all such vegetation shall be supported with
landscape irrigation.
(e) For the screening of boats on trailers; however, screening by use of vegetation shall be
deemed in compliance with this requirement if, within two weeks of the commencement of
parking of the boat on trailer,,five gallon sized cocoplum (or equivalent), is planted in
sufficient quantity to form the required screening upon growth to maturity.
(3) Any of the vehicles or equipment described in this section may be parked in an enclosed
private garage; provided, however, that no portion of the vehicle or equipment shall
protrude out of the garage door opening in front of v=r%7= be� und the roofline.
(4) The screening requirements set forth above shall apply only to vehicles that had not been
lawfully parked and screened prior to the adoption of the ordinance from which this code
was derived. Any vehicle which would otherwise be subject to the screening requirements
of this division, but which had been lawfully parked on the subject lot prior to the adoption
of the ordinance from which this code was derived (prior to July 10, 2014) in compliance
with prior screening regulations shall be subject to such prior regulations which generally
required such vehicles to be "effectively screened on three sides." A "grandfathered" vehicle
under this paragraph shall lose its "grandfathered" status in the event that it is not parked
pursuant to this section for 90 or more consecutive days.
10
(5) All vehicles and equipment parked pursuant to this section, and the area utilized for parking
shall be maintained in a clean, neat and presentable manner, and the vehicles and equipment
shall be in usable condition at all times.
(6) All vehicles and equipment parked pursuant to this section shall at all times have attached
a current vehicle registration and/or license plate as required by law, and if required, a
current inspection sticker.
(7) No major repairs or other work on any vehicles or equipment shall be made or performed
while such vehicles or equipment are parked pursuant to this section.
(8) Vehicles and equipment parked pursuant to this section shall not be used for living or
sleeping quarters or for housekeeping or storage purposes and shall not have attached
thereto any service connection lines, except as may periodically be required to maintain
such vehicles and equipment.
(9) No vehicle or piece of equipment parked pursuant to this section may be parked in the area
between the street lot line and the front of the building, which for a comer lot shall be the
side of the building facing the right-of-way associated with the prope Aty's street address,,
strueture or in the right-of-way adjacent to the subject lot; however, one such vehicle or
piece of equipment may be parked in the front driveway for a cumulative period not
exceeding four hours in any one 24-hour period.
(10) No more than two vehicles or pieces of equipment regulated by this section may be parked
on any one residential lot at any one time.
(11) The exceptions set forth in section 46-72 shall be applicable to the vehicles and equipment
parked pursuant to this section and shall not count toward the two vehicle limit.
(12) The provisions and conditions set forth in this section are not intended to regulate the
parking of vehicles only used for personal transportation and not used or intended to be
used for commercial purposes.
(13) In the case of doubt as to the proper classification of a specific vehicle under the terms of
this section, the determination by the state motor vehicle commission shall be controlling.
The body description and classification on the motor vehicle certificate of title shall be
prima facie evidence of such determination.
11
Section 4: Each and every other Section and Subsection of Chapter 46. Motor
Vehicles and Traffic., and Chapter 78. Zoning., shall remain in full force and effect as previously
adopted.
Section 5: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 6: Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 7: Specific authority is hereby granted to codify this Ordinance.
Section 8: This Ordinance shall take effect immediately upon passage.
lip)
ORDINANCE
•
Date
05/09/2019
Upon Second Reading
Motion Council Member Vince Arena Second Council Member Laurie Brandon
VOTE
FOR ADOPTION AGAINST ADOPTION ABSENT
Mayor Abigail Brennan ❑✓ ❑ ❑
Vice -Mayor Kristi Johnson ❑�
Council Member Vince Arena ❑✓ 0 7
Council Member Laurie Brandon ✓❑ ❑ ❑
Council Member Kyle Stone ❑✓ ❑ ❑
The Mayor thereupon declared the Ordinance duly passed and adopted.
MAYOR OF TEQUESTA
�W' w4l 2 yervu,
ATTEST:
Lori McWilliams, MMC
Village Clerk
ORDINANCE NO. 12-19
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 2. ADMINISTRATION. BY AMENDING
SECTION 2-61. PENSION TRUST FUNDS, EXHIBIT A, THE GENERAL
EMPLOYEES' PENSION TRUST FUND, AT SECTION 7. "BENEFIT
AMOUNTS AND ELIGIBILITY"; SECTION 8. "PRE -RETIREMENT
DEATH"; AND SECTION 25. "RE-EMPLOYMENT, ELECTION OR
APPOINTMENT TO THE VILLAGE COUNCIL AFTER RETIREMENT"
IN ORDER TO ADD A NEW "RE -HIRE AFTER RETIREMENT"
PROVISION; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUBSECTION OF CHAPTER 2. AND EXHIBIT A SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the Village Council of the Village of Tequesta desires to amend the general
employees' pension trust fund based on a recommendation from the pension board to add a new.
"re=hire after retirement" provision similar to that which is part of the public safety plan; and
WHEREAS, said amendments have been approved by the Board of Trustees; and
WHEREAS, the pension trust fund actuary has reviewed the proposed amendments and
has made a determination that said amendments have no actuarial impact on the cost of the
pension fund; and
WHEREAS, the Village Council believes that these revisions to the general employees'
pension trust fund are in the best interests of the Village of Tequesta and the general employees'
pension trust fund beneficiaries; and will promote the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1: Chapter 2 of the Code of Ordinances of the Village of Tequesta is hereby
amended at Sec. 2-61 Pension Trust Funds, Exhibit A, the General Employees' Pension Trust
Fund, at section 7. `Benefit amounts and eligibility"; section 8. "Pre -retirement death"; and
section 25. "Re-employment, election or appointment to the village council after retirement" in
1
order to add a new "re -hire after retirement provision; providing that Exhibit A, Sections 7, 8
and 25 attached hereto shall be amended and hereafter shall read as attached:
Section 2: Each and every other section and subsection of Chapter 2. Administration.
of the code of ordinances of the Village of Tequesta shall remain in full force and effect as
previously enacted.
Section 3: All ordinances or parts of ordinances in conflict herewith be and the same
are hereby repealed.
Section 4: Should any Section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall become effective immediately upon adoption.
2
ORDINANCE
12-19
Date
05/09/2019
Motion Vice -Mayor Kristi Johnson
Upon Second Reading
Second Council Member Vince Arena
VOTE
FOR ADOPTION AGAINST ADOPTION
ABSENT
Mayor Abigail Brennan
❑�
❑
Vice -Mayor Kristi Johnson
❑✓
❑
❑
Council Member Vince Arena
❑✓
❑
❑
Council Member Laurie Brandon
❑✓
❑
❑
Council Member Kyle Stone
❑✓
❑
The Mayor thereupon declared the Ordinance duly passed and adopted.
MAYOR OF TEQUESTA
..m
ATTEST:
Lori McWilliams, MM `�',-
Village Clerk QG`0RP
G �` •.
SEAL
% INCORPORATED
EXHIBIT A
VILLAGE OF TEQUESTA
GENERAL EMPLOYEES' PENSION TRUST FUND
Section 7. Benefit Amounts and Eligibility.
Normal Retirement Date.
A Member's Normal Retirement Date shall be the
first day of the month coincident with, or next following the earlier of:
a) attainment of age sixty-two (62) regardless of years of credited
service, or
b) attainment of thirty (30) years of credited service regardless of age.
A Member's Normal Retirement Age when retiring with thirty (30)
years of credited service is the age that the Member has attained
when they have thirty (30) years of credited service
A Member may retire on his/her Normal Retirement Date norrmal retirement
dateoron the first day of any month thereafter, and each Member shall
become 100% vested in his/her accrued benefit on the Member's Normal
Retirement Date normal retirement date. Normal retirement under the Plan
is retirement from employment with the Village of Tequesta as a General
Employee, on or after the Normal Retirement Date normal retirement date.
2. Normal Retirement Benefit.
A Member retiring hereunder on or after his/her Normal Retirement Date
hall receive a monthly benefit which shall commence on his/her
Normal Retirement Date and be continued thereafter during the Member's lifetime,
ceasing upon death, but with one hundred twenty (120) monthly payments guaranteed in
any event. Benefits are payable for the life of a retiree with a guarantee of 120 monthly
payments. Should a Member rnernber die before 120 monthly payments (10 years) are
made, then the remainder of the 120 monthly payments will be paid to a beneficiary.
Should a Member rnernbe receive more than 120 monthly payments, then no benefit is
payable to a beneficiary. The monthly retirement benefit shall equal two percent (2%) of
average final compensation, for each year of credited service (2% x average final
compensation x years of credited service).
00125029.WPD;1 Page 1 of 4
3. Early Retirement Date
A Member may retire on his/her Early Retirement Date early retirernent
date -which shall be the first day of any month coincident with or next following the later of
the attainment of age fifty (50) and the completion of six (6) years of credited service. Early
Retirement returernent under the Plan is retirement from employment with the Village of
Tequesta on or after the Early Retirement Date early retirernent date and prior to the
Normal Retirement Date .
4. Early Retirement Benefit
A Member retiring hereunder on his/her Early Retirement Date eft
retirernent date may receive either a deferred or an immediate monthly retirement benefit
payable for life, but with one hundred twenty (120) monthly payments guaranteed in any
event, as follows:
A. A deferred monthly retirement benefit which shall commence on what
would have been his/her Normal Retirement Date normal retirement
date had he/she remained a General Employee and shall be
continued on the first day of each month thereafter. The amount of
each such deferred monthly retirement benefit shall be determined in
the same manner as for retirement at as his/her Normal Retirement
Date except that credited service and average
final compensation shall be determined as of his/her Early
Retirement Date early retirement date; or
B. An immediate monthly retirement benefit which shall commence on
his/her Early Retirement Date and shall be
continued on the first day of each month thereafter. The benefit
payable shall be as determined in paragraph A above, which is
actuarially reduced from the amount to which he/she would have been
entitled had he/she retired on his/her Normal Retirement Date
and with the same number of years of credited
service as at the time his/her benefit commence and based on his/her
average final compensation at that date. In no event shall the early
retirement reduction exceed five percent (5%) each year by which the
commencement of benefits precedes the Member's Normal
Retirement Date .
Section 8. Pre -retirement Death.
Upon the death of any vested member, whether or not still in active employment,
a survivor benefit is payable to the beneficiary starting when the member would have
reached Early or Normal Retirement Age retirement age. The benefit is equal to the
00125029.WPD;1 Page 2 of 4
vested pension benefit.
Section 25. Re-employment, election or appointment to the Village Council after
retirement.
1. Any retiree who is retired under this System, except for disability
retirement as previously provided for, may be re-employed by any public or private
employer, except the Village, and may receive compensation from that employment
without limiting or restricting in any way the retirement benefits pavable under this
System.
2. After Normal Retirement. Any retiree who is retired after the Normal
Retirement Age pursuant to this System and who is re-employed by the Village
including election or appointment to the Village Council after that retirement, shall
upon being re-employed continue receipt of benefits. If, upon re-employment, the
re-employed retiree is eligible to participate in this System, the retiree shall be
deemed a new employee subject to any vesting and contribution requirements and
the additional credited service accrued during the subsequent employment period
shall be used in computing a second benefit amount attributable to the subsequent
employment period, which benefit amount shall be added to the benefit determined
upon the initial retirement to determine the total benefit payable upon final
retirement. Calculations of benefits upon initial retirement shall be based upon the
benefit accrual rate, average annual earnings, credited service and other System
provisions in effect as of the date of original retirement and the retirement benefit
amount for any subsequent employment period shall be based only on the
subsequent employment period using the benefit accrual rate, average annual
earnings, credited service and System provisions in effect as of the date of the
subsequent retirement. The optional form of benefit and any joint pensioner
selected upon initial retirement shall not be subject to change upon subsequent
retirement except as otherwise provided herein, but the Member may select a
different optional form and joint pensioner applicable to the subsequent retirement
benefit. If a re-employed retiree does not re -vest during the re-employment period,
he shall, upon termination of employment, receive a return of his contributions made
during his re-employment period.
3. After Early Retirement. Any retiree who is retired under Early
Retirement pursuant to this System and who subsequently becomes an employee
of the Village in any capacity, including election or appointment to the Village
Council, shall discontinue receipt of benefits from the System during the period of
re-emplyment. No amount of a pension payment will be for the re-employment
period. If by virtue of that re-employment, the retiree is eligible to participate in this
00125029.WPD;1 Page 3 of 4
System again, the retiree shall be deemed to be one hundred (100) percent vested
and the additional credited service accrued during the subsequent employment
period shall be used in computing a second benefit amount attributable to the
subsequent employment period, which benefit amount shall be added to the benefit
determined upon the initial retirement to determine the total benefit payable upon
final retirement. Calculations of benefits upon retirement shall be based upon the
benefit accrual rate, average annual earnings, credited service, early retirement
reduction factor and other System provisions in effect as of the date of the original
retirement date and the retirement benefit amount for any subsequent employment
period shall be based only on the subsequent employment period using the benefit
accrual rate, average annual earnings, credited service, early retirement reduction
factor, if applicable, and other System provisions in effect as of the date of
subsequent retirement. The optional form of benefit and any joint pensioner
selected upon initial retirement shall not be subject to change upon subsequent
retirement except as otherwise provided herein, but the Member may select a
different optional form and joint pensioner applicable to the subsequent retirement
benefit. Retirement pursuant to an early retirement incentive program shall be
deemed early retirement for purposes of this section if the Member was permitted
to retire prior to the customary retirement date provided for in the plan at the time
of retirement.
4. Re-employment of terminated vested persons. Reemployed terminated
vested persons, including those elected or appointed to the Village Council, shall
not be subject to the provisions of this section until such time as they begin to
actually receive benefits, but shall be subject to (section regarding payment of
benefits to vested deferred employees). Upon receipt of benefits, terminated vested
persons, including those elected or appointed to the Village Council, shall be treated
as Normal or Early retirees for purposes of applying the provisions of this section
and their status as an Early or Normal retiree shall be determined by the age they
elect to begin to receive their benefit.
S. In addition to these provisions and in accordance with Code Section
401(a)(36), an in-service pension distributions may be made in the limited
circumstance where a retiree is who retired on normal retirement who has attained
age 62 or has- retired after attaining thirty (30) years of credited service is re -hired by
the Village.
W :\W docs\LLP\150097\GM\00125029. W PD
00125029.WPD;1 Page 4 of 4
ORDINANCE NO. 14-19
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA AMENDING CHAPTER 14. BUILDINGS AND
BUILDING REGULATIONS. AT ARTICLE II. BUILDINGS. TO REPEAL
OBSOLETE LOCAL AMENDMENTS TO THE BUILDING CODE AT
SECTION 14-32. SECTION 14-33; AT ARTICLE IV. HOUSING; AT ARTICLE
VI. PERMIT FEES. SECTIONS 14-152. BUILDING PERMITS, 14-153.
PLUMBING PERMITS, 14-154. ELECTRICAL PERMITS, 14-155.
MECHANICAL PERMITS, 14-156. GAS PERMITS, AND 14-157. FEE FOR
JOBS STARTED WITHOUT PERMIT, AND PROVIDE CROSS-REFERENCE
TO APPENDIX C FOR ALL PERMIT FEE INFORMATION; PROVIDING
THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
WHEREAS, the Florida legislature has adopted a statewide Building Code which took
effect December 31, 2017 which is informally known as the "Florida Building Code"; and
WHEREAS, the Village had previously adopted various local amendments to the building
code which are no longer necessary under the current building code; and
WHEREAS, the Village Council desires to repeal said local amendments as obsolete and
no longer necessary under the current building code.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 14. Buildings and Building Regulations. of the Code of Ordinances of
the Villagedof Tequesta Article II. Buildings. Section 14-32. Local Amendments to Chapter 1,
Administration of the Florida Building Code adopted. is hereby repealed in its entirety, and is
reserved for future use.
Section 2: Chapter 14. Buildings and Building Regulations. of the Code of Ordinances of
the Village of Tequesta Article II. Buildings. Section 14-33. Establishment of wind speed lines. is
hereby repealed in its entirety, and is reserved for future use.
Section 3: Chapter 14. Buildings and Building Regulations. of the Code of Ordinances of
the Village of Tequesta Article IV. Housing. is hereby repealed in its entirety.
Section 4: Chapter 14. Buildings and Building Regulations. of the Code of Ordinances of
the Village of Tequesta Article VI. Permit Fees, is hereby amended to delete all language in
Sections 14-152. Building permits, 14-153. Plumbing permits. 14-154. Electrical permits, 14-155.
Mechanical permits, 14-156. Gas permits, and 14-157. Fee for jobs started without permit, and
provide cross-reference to Appendix C for all permit fee information, providing that Article VI.
Permit Fees. shall hereafter read as follows:
ARTICLE VI. PERMIT FEES.
All permit fees are set by resolution of the village council and are set out in Appendix C.
which resolution may be amended from time to time.
See. 14 152. Building . Reserved.
() if a p of •+ eKpires, r-enewal ftheNpir-ed pe-if -it sh-allo rua the p o.,* afthe full .. ... . it
fee in effeet at the fifne of r-enewal. Subjeet to the approval of the building > ,
2
"�!!!i. 7S!Effi. -
I
See. 14 153. Plumbing . Reserved.
See. 14-154. EleetFieal ^ Mits. Reserved.
FeF due to
tag failed inspeetion)
(b) eall Feinspeil -m-ade eendeFanation
(red oF of work or -
final inspeetion, there be fee
by the A-IL44
or- other- shall a as
in Appendix C.
set resolution ef village eisuffeel ssfet
See. 14 155. Meehanieal peFfflitS-. Reserved.
Nw.
There be feee f-A-r- eeaeh heating,
air- eendifiening ef
inspeetion) of work or- weA
(b) shall a _rveinspeetion of a ventilating,
r-effigeration system fnade- due to P.A-Rdemnation (red tag or- failed
the time in the for- inspeetion,
fer failure to for- final
not rvaE�, at speeified appReation
of
call or
inspeetion, by A 4,4111-age
out in Appendix C,
other- as set r-eselutio-in -fah -Re eauneil and
set
M-MIMMUM"R LIMMM"M. -
............ . ...
See. 14 157. Fee feF Jobs started without PeF Reserved.
Section 5: This Ordinance shall take effect immediately upon adoption.
ORDINANCE
14-19
Date
05/09/2019
Upon Second Reading
Motion Vice -Mayor Kristi Johnson Second Council Member Vince Arena
VOTE
FOR ADOPTION AGAINST ADOPTION ABSENT
Mayor Abigail Brennan ❑✓ ❑ ❑
Vice -Mayor Kristi Johnson F✓ ❑ ❑
Council Member Vince Arena ❑✓ ❑
Council Member Laurie Brandon ❑✓ ❑ ❑
Council Member Kyle Stone ✓❑ ❑ ❑
The Mayor thereupon declared the Ordinance duly passed and adopted.
MAYOR OF TEQUESTA
ATTEST:
Lori McWilliams, MMC
Village Clerk