HomeMy WebLinkAboutDocumentation_Regular_Tab 09B_10/06/2003 ORDINANCE NO. ��-�
AN �RDIl�AN�E OF THE VII,LA�� �OUN�II, QF 1'HE .
VII.,LAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, REPEALING CHAPTER 7, C�11�iiJ1vITY
APPEARA�TCE BOARD, OF TI� VII.,LEiGE CODE OF
ORDINANCES, IN TTS ENTIRETY; ADOPTING A NEW
CHAPTER 7, PLANNING AND ZONING BOARD; �
PROVIDING FOR SEVERABILITy; PROVIDING FOR
RRp EAL OF QRDINANCES IlV CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE TT ORD.AINED By THE yII,I,AGE COUNCII, OF TI� VII.,LAGE OF
TEQUESTA, PALM BEA.CI3 COUNTY, FLORIDA, AS FOLLUWS:
Section l. Article II, Chapter 7, Community Appearance goard, of the
Village Code of Ordinances is hereby repealed in its ern3rety.
Section 2. A new Article II, Chapter 7, Planning and Zoning Board, of the Village .
Code of Ordinances is hereby adopted, to read as follows:
Section 7-1. Creation, Members, Terms, Appointment
A Planning and Zoning Board is hereby estahlished..
The Board shall be composed of five {5} members (who shall serve without
compensatior�), appoime�t. by the V'illage Council. Of the members of the Board first
appointed, one (1} shall hold office for the term of one {1) year; two (2) for the term of
two (2) ye,ars; and two (2) for the term of three (3) years, from and after their
aPPo��• �eu successors shall be appointed for the term of three (3) years from and
after the expiration of the terms of their predecessors in office.
In addition to the regular board members, two (2) additional members, to be designated
as Altemate #1 and Alternate #2, shall be appointed to serve on the Board in that order at
meetings of the Boazd when necessary to constitute a quanum. A majority of the Boazd
{i.e., three (3) members) shall constitute a quonun, and the affirmative vote of a majority
of the Board presen� shall be necessary for any action thereof. In the event that only three
(3) members are present, a unanimous vote of alt pre�nt in fa.vor of an applicaxion is
r�uired to make it effective. Altemate members shall serve for two {2) yeazs, but of the "
first aPpointed Alternate members, one (1) shall se�ve for one (1) year, and one (1} shall
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serve for two (2) years. Thereafter, altemate memhers shall be appointed for two year
terms_
Vacancies in the Board membership by resignation, illness or other ca.uses shall be filled
by the Village Council for the unexpired term of the member involved. Members of the
Planning and Zoning Boaxd ma.y be removed from office by the Village Council upon
written charges and after public hearing. Three �3) absences in a row or three (3j
unexcused absences within the fiscal year of the Village, may constitute cause for
automatic dismissal from the Board.
Section 7-2. Organization, Qualification of inem6ers.
The Board shall select its own chairman and vice-chairman annually at the first meeting
of the calendar year. The Director of the Department of Community Development or his
designated representative shall serve as Clerk and advisor to the Board.
All members of the Planning and Zoning Boau shall be qualified electors of the Village.
Section 7-3. Authority.
� The Planning and Zoning Board shall serve as the Loca1 Planning Agency (LPA) of the
Village pursuant to Section 163.3174, Fla. Stat.
The Planning and Zoning Board shatl have generat authority to:
(1) Gather and analyze data and such other information to amend the V'�llage's
Comprehensive Development Plan, subsequent to review and adoption by the
V'illage Council.
(2) Review and recommend to V'iltage Councit land development regulations to
implement the Village of Tequesta Comprehensive Development Plan. The land
development regulations include, but are not iimited to, the following:
a. V'illage of T�uesta Comprehensive Zoning Ordinance.
b. Village of Tequesta Subdivision Regulations.
c. V'illage of Tequesta community appearance standards and regulatians.
d. Any other land development regulations required and pursuant to Chapter
163, Fla. Sta.t. '
{3) Review and recommend to V'�ltage Council regarding applications for:
a. Site Plan in accorda.nce with regulations and requirements of Section X
(N�, Viliage of Tequesta Comprehensive Zoning Ordinance.
b. Special Exceptions in accordance with regulations and requirements of
Section X(3} Speciat Exception Uses, Village of Tequesta Comprehensive
Zoning Ordinance.
c. Distric� Boundary Changes (r�zonings) in accordance with regulations
�nd requirements of Chapter 1b6, Fla. Stax.
d. Text Amendments to Village of Tequesta Comprehensive Development
Plan in accordance with Chapter 163. Fla. Stat., Comprehensive Planning
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and Land Development Regulation Act (State Planning Law) and Rule 9J-
5, Fla. Admin.. Code
e. Text Amendments to land development regulations in accordance with
Chapter 163, Fla. Stat., Comprehensive Planning and Land Development
Regulations Act {State Planning Law) and Rule 9(J).5, Fla. Admin. Code
f. Voluntary Annexations in accordance with Chapter 171, Fla. Stat.,
Municipal Annexation or Contraction
g. Abandonments.
h. Any other reviews, related to planning, zoning and development
specifically requested of the Planning and Zoning Board by the Village
Council.
The Planning and Zoning Board ma.y adopt such rules and procedures as are necessary to
perform its duties.
Sec. 7-3.1. Povyers and Duties as Official Tree Board of the Village.
In addition to the functions provided pursuant to the other provisions of this cha.pter, the
Planning and Zoning Board sh�.11 constitute the official Tree Board of the Village of
Tequesta and as such shall:
{ 1) Annually develop and present to the Vitlage Council a written community tree
management program and supporting work plan which, upon acceptance by the
V'illage Council, shall constitute the official comprehensive tree pian for the
Village.
(2} Annt�a�ly prepare plans for a Tequesta Annual Arbor Day ceremony, for approvat
by the Village Council.
(3) Make recommendations to the Village Council upon any matter coming within
the scope of its work, as deemed necessary.
(4) Make recom�endations to the Yttage Councit that certain trees located within
the Village be designated as specimen, historic, native or endangered trees. In
making such a determination, the tree board shail consider, but not be limited to,
the following criteria:.
a. The significanee of the tree as a V'�tage landma.rk.
b. The significance of the tree due to high value because of its size, age
and/or historic value.
c. The significance of the tree to the history of the Village, State of Florida
or the Nation.
(5) Perform any other duties assigned by the Village Council.
Section 7-4, Duties and Responsibilities.
Recommended actions of the PIanning and Zoning Board shalt be recorded in written
form for transmittal to the Village Council.
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Prior to adoption of a recommendation with respect to an applicatian, the Planning and
Zoning Board may consider the following:
(1) The information submitted by the applicant, including a11 e�ibits, studies or other
information presented or used for review af the application.
(2) A written staff report indicating the recommendation of the Department of
Community Development or any other appropriate governmental agency
regarding the ability of the applicaxion to meet the standards and regulations
affecting the application; the ability of the proposed development to meet Level of
Service standards adopted in the Village of Tequesta Comprehensive
Development Plan; the application's impact on the general public's health, safety
and welfare; as well as, any other items that are considered appropriate by the
Department of Community Development.
(3) To hear comments, if any, from the public.
Section 7-5. Meetings; Records.
The Planning and Zoning Board shall adopt rules of procedure for the conduct of it's
business, consistent with the provisions of this Ordinance. Meetings of the Board shall be
held the first Thursda.y of each month at 6:30 p.m., or if a conflict exists on this normal
meeting date, an alternate meeting date shall be established by the Pla.nning and Zoning
Board cha.irman. The chairman, or in his absence, the vice chairman or acting chairman,
may administer oaths and compel the attendance of witnesses. All meetings of the Board
and its files or records shall be open to the public.
The Planning and Zoning Board shall also keep minutes of its proceedings, showing the
� vote of each member upon ea,ch question, or, if absent, indicating such fact, and sha11
keep records af its examinations a�nd other official actions, all of which shall be
immediately filed in the office of the Board and shall be a public record.
Section 7-6. Filing Fee.
Upon filing an application to the Planning and Zoning Board, the applicant shall pay a fee
to the V'illage at the time of filing of such application. Said fee shall be in an amount as
established in Chapter 16 of the V'�llage of Tequesta Code of Ordinances, sha11 not be
reimbursable, and is intended to defray the costs of administering, processing and
reviewing the application.
Section 3. Severability. If any provision of this Ordinance or the applica.tion thereof
is held invalid, such invalidity shall not affect the other provisions or applications of this
Ordinance which can be given effect without the invalid provisions or applica.tions, and to ttus
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end, the provisions of this Ordinance are hereby declared severable.
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Section 4. Repeal of Ordinances in Conflict. All other ordinances of the Village of
Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are
I � hereby repealed.
Section 5. Codification. This Ordinance shall be codified and made a part of the
'� official Code of Ordinances of the Village of Tequesta.
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Section 6. Effective Date. This Ordinance shall take effect immediately upon its
I � passage and approval, as provided by law.
THE FOREGOING ORDINANCE was offered by Councilmember
�� . who moved its adoption. The Ordinance was seconded by
; Councilmember and upon being put to a vote, the vote was as
follows:
j FOR ADOPTION AGAINST ADOPTION
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The Mayor thereupon declared the Ordinance duly passed and adopted this
day of , 2003.
� MAYOR OF TEQUESTA
Edward D. Resnik
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