HomeMy WebLinkAboutOrdinance_08-11_06/09/2011 ORDINANCE NO. 8-11
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 62 PLANNING AND DEVELOPMENT.
ARTICLE II. LOCAL PLANNING AGENCY. BY AMENDING SEC. 62 -32
TO DESIGNATE THE PLANNING AND ZONING ADVISORY BOARD
AS THE LOCAL PLANNING AGENCY; PROVIDING THAT EACH AND
EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 62.
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 is currently designated as the Local Planning Agency
for the Village of Tequesta; and
WHEREAS, the Village Council believes that the Village's planning and development
policies as implemented through the comprehensive development plan and the Village's land
development regulations would be better served by having a collegial body other than the Village
Council serve as the Local Planning Agency; and
WHEREAS, the Village Council desires to designate the planning and zoning advisory
board as the Village's Local Planning Agency; and
WHEREAS, the Village Council believes that these amendments to the Village's
planning and development code 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 62. Planning and Development. of the Code of Ordinances of the
Village of Tequesta is hereby amended at Article I1. Local Planning Agency. by amending Sec.
62 -32 to designate the Village Planning and Zoning Advisory Board as the Local Planning
agency; providing that Chapter 62. Article I1. shall hereafter read as follows:
ARTICLE II_ LOCAL PLANNING AGENCY
Sec. 62 -31. Statutory authority.
This article is enacted pursuant to and in accordance with provisions of F.S. § 163.3174.
Sec. 62-32. Designation.
The planning and zoning advisory board village - ee is hereby designated as the local
planning agency for the incorporated territory of the village.
Sec. 62-33. Duties.
The local planning agency shall conduct the village's comprehensive planning program.
Specifically, the local planning agency shall:
(a) Prepare the comprehensive plan or elements or portions thereof as well as amendments
thereto, and make recommendations to the village council regarding the adoption of the plan or
elements or portions thereof as well as amendments thereto.
(b) Monitor and oversee the effectiveness and status of the comprehensive plan, and
recommend to the village council such changes in the comprehensive plan as may from time to
time be required, including preparation of the evaluation and appraisal report as may from time
to time be required.
(c) Review proposed land development regulations, land development codes, or amendments
thereto, and make recommendations to the village council as to the consistency of such proposed
regulations, codes or amendments thereto with the adopted comprehensive plan. For purposes of
this section, "land development regulations" means ordinances enacted by the village council for
the regulation of any aspect of development and includes the village's zoning code, subdivision
code, building code, sign code, and any other code controlling the development of land including
re- zoning and district boundary changes.
Sec. 62 -34. Organization and rules of procedure.
The local planning agency shall follow such rules of procedure, methods of choosing officers,
setting of public meetings, providing of financial support and accomplishing its duties as
provided in the Charter and the ordinances of the village.
Sec. 62 -35. Meetings and records to be public; public participation.
All meetings of the local planning agency shall be public meetings, and all agency records shall
be public records. The local planning agency shall encourage public participation.
Sec. 62-36. Funding.
The village council shall appropriate funds at its discretion for expenses necessary for the
preparation of the comprehensive plan or elements or portions thereof as well as amendments
thereto and any necessary implementing ordinances. The local planning agency may, in order to
accomplish the purposes and activities required by the Local Government Comprehensive
Planning and Land Development Regulation Act (F.S. § 163.3161 et seq.), expend all sums so
appropriated and other sums made available for use from fees, gifts, state or federal grants, state
or federal loans and other sources, provided that acceptance of loans or grants must be approved
by the village council.
Sec. 62-37. Notice.
Notice of public hearing shall be advertised a minimum of ten days in advance of all local
planning agency public hearings in a newspaper of general circulation in the area.
Secs. 62- 38-- 62 -60. Reserved.
Section 2: Each and every other section and subsection of Chapter 62. Planning and
Development. 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 passage.
Upon Second Reading this 9 day of June 2011, the foregoing Ordinance was offered by Council
Member Turnquest who moved its adoption. The motion was seconded by Council Member
Turnquest and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Tom Paterno X
Vice -Mayor Vince Arena X
Council Member Abby Brennan X
Council Member Jim Humpage X
Council Member Calvin Turnquest X
The Mayor thereupon declared the Ordinance duly passed and adopted this 9 day of June 2011.
MAYOR OF TEQUESTA
Tom Paterno
ATTEST: �, OF T
Oq
SEAL
WOR PORATED .
Lori McWilliams, MMC
Village Clerk "',�� - 9j: `.!'E tl,
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