HomeMy WebLinkAboutDocumentation_Regular_Tab 8F_10/9/1997 1
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Memorandum
To: Village Council
From: Thomas G. Bradford, Village Manager /
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Date: October 3,. 1997
Subject: Palm Beach County Proposed Wetlands Protection
Ordinance; Agenda Item
The Palm Beach County Department of Environmental Resources
Management (ERM) has proposed a modification to Section 9.4
Wetlands Protection of the Unified Land Development Code which,
if not amended, will require ERM oversight of municipal code
adoption and enforcement . Because this proposed ordinance is
part of the Environmental Control Act, municipalities will only
be allowed the opportunity to opt-out of those regulations if the
municipality' s ordinance is as restrictive or more restrictive
than the countywide regulations proposed.
If the proposed Wetlands Protection Ordinance were adopted
pursuant to Chapter 125 of the Florida Statutes, an individual
municipality would have the right to opt-out of the ordinance
without having to provide a substitute ordinance equally as
restrictive as the County' s proposals. Councilmember Mackail is
the President of the Palm Beach County Municipal League and can
provide additional details to you in this regard.
The attached Ordinance, if adopted, supports the recommendations
of the Palm Beach County Municipal League that the proposed
Wetlands Protection Ordinance be adopted pursuant to Chapter 125
of the Florida Statutes that would give local government the
right to opt-out without regard to restrictions in a proposed
municipal Wetlands Ordinance. ,
In order to reiterate Tequesta' s long-standing support of
Municipal Home Rule, it is recommended that the Village Council
adopt this Ordinance. k.c, -e. ...—
TGB/mk
Attach.
Council.Protectord.
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+ II1 RESOLUTION NO. 3-97/98
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A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH , COUNTY,
FLORIDA, SUPPORTING THE PALM BEACH COUNTY
MUNICIPAL LEAGUE IN ITS RECOMMENDATION FOR
AN AMENDMENT TO THE PROPOSED CHANGES BY THE
PALM BEACH COUNTY DEPARTMENT OF
ENVIRONMENTAL RESOURCES MANAGEMENT (ERM) TO
SECTION 9.4 WETLANDS PROTECTION OF THE
UNIFIED LAND DEVELOPMENT CODE; PROVIDING FOR
DISTRIBUTION; PROVIDING AN EFFECTIVE DATE; I'
AND FOR OTHER PURPOSES.
WHEREAS, the Palm Beach County Department of Environmental
i( Resources Management (ERM) has proposed a modification to
Section 9 .4 Wetlands Protection of the Unified Land
Development Code which will require ERM oversight of
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!! municipal code adoption and enforcement; and
1 WHEREAS, the proposed Wetlands Ordinance is adopted pursuant
! to the Environmental Control Act, which only allows
itmunicipalities the opportunity to opt-out of those
1 regulations if the municipality's ordinance is as
I restrictive or more restrictive than the countywide
j regulations; and
WHEREAS, all other proposed countywide regulations are
{ either enumerated in the County Charter as approved by the
electorate or adopted pursuant to Chapter 125, F. S. , which
' allows an individual municipality the legal right to opt-out
of the ordinance in accordance with the County/Municipal
Policy; and
I WHEREAS, if the amendments are adopted pursuant to Chapter
125, F.S. , municipalities not desiring to develop their own
regulations will automatically be bound by the countywide
ordinance while those adopting their own regulations will
retain their legal ability to "opt-out" ; and
WHEREAS, the Village Council of the Village of Tequesta
supports the recommendation of the Palm Beach County '
Municipal League that the municipalities should be afforded
! the same exemptions as the County government under these
H regulations in fairness to all local governments .
1 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
!/ Section 1. The Village Council of the Village of Tequesta
1; hereby supports the recommendations of the Palm Beach County
!! Municipal League that the amendments to Section 9 .4,
Wetlands Protection, of the Unified Land Development Code be
adopted pursuant to Chapter 125, F. S . , and that all
1! municipalities be afforded the same exemptions as the County
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government under these regulations in fairness to all local
1 governments .
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1.1 Section 2 . The Village Clerk is hereby directed to
'! distribute copies of this Resolution to the Palm Beach
rCounty Board of County Commissioners, the Palm Beach County
11 Department of Environmental Resources Management and to all
• municipalities •in Palm Beach County.
THE FOREGOING RESOLUTION WAS OFFERED by Councilmember
, ,who moved its adoption. The motion was seconded
!f by Councilmember , and upon being put to a vote,
the vote was as follows :
FOR ADOPTION . AGAINST ADOPTION
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The Mayor thereupon declared the Resolution duly passed and
adopted this 9th day of October, A.D. , 1997 .
MAYOR OF TEQUESTA
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Elizabeth A. Schauer
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ATTEST:
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Joann Manganiello
10 Village Clerk
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