HomeMy WebLinkAboutOrdinance_583_12/11/2003 ORDINANCE NO. 583
AN ORDINANCE OF THE VII,LAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY
FLORIDA, REPEALING CHAPTER 7, COMMUNITY
APPEARANCE BOARD, OF THE VILLAGE CODE OF
ORDINANCES, IN ITS ENTIRETY; ADOPTING A NEW
CHAPTER 7, PL���INING AND ZONING ADVISORY BOARD;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ORDINANCES IN COI�TFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, P'4LM BEACH CQL??�TY, FLORIDA, aS FOLLO��VS:
Section 1. Article II, Chapter 7, Community Appearance Board, of the
Village Code of Ordinances is hereby repealed in its entirety.
Section 2. A new Article II, Chapter 7 Planning and Zoning Advisory Board, of the
Village Code of Ordinances is hereby created, to read as follows:
Section 7-1. Creation, iYleinbers, Terms, Appointment.
A Planning and Zonin� Advisory Board is hereby established.
A) Composition of the Board.
The Board shall be composed of five (5) regular members and two (Z} alternate members (who
shall serve without compensation), appointed by the Village Council. At the time of appointment
and at all times during which they serve, all members (i) shall reside in the Village (v,�ith no two (2)
Board members comin� from the same Homeowners', Condominium or Community Association), ,
(u) sha11 not serve on the Village Council or on any other Village board or committee, and (iu) shall '
not be employed by the Village or any of its contractors. In the event that a lack of qualified eligible
applicant(s) needed to satisfy the requirements as stated, the Village Council shall have the authority
to appoint the vacant seaxs from any area of the Village of Tequesta.
B) Alternate Board Members.
In addition to the regular board members, two (2) additional members, to be designated at the
time of their appointments as Alternate # 1 and Alternate #2, shall be appointed to serve on the
Board, in that order, at meetings of the Board when necessary to ensure that each applicatian
receives consideration by a full Board.
C) Terms of Office.
Of the regular 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) years; and two (2) for the term of three (3) years (as
determined by lot), from and after their appointment. Their successors shall be appointed for the
term of three (3) years from and after the expiration of the terms of their predecessors in office.
Alternate members shall serve for two (2) years, but of the first appointed Alternate members,
one (1) shall serve for one (1) year, and one (1) shall serve for two (2) years (as determined by
lot). Thereafter, alternate members shall be appointed for two year terms.
D) Voting.
A majority of the Board (i.e., three (3) members) shall constitute a quorum, and the affirmative
vote of a majority of the Board present shall be necessary for any action thereof. In the event
that only three (3) members are present, a unanimous vote of all present in favor of an
application is required to make a recommendation of approval. If no motion receives the
necessary majority vote, that shall constitute a recommendation of denial.
E) Termination/Resignation.
All Board members shall serve at the pleasure of the Village Council and derive no property
rights from their appointed position. The Village Council may, by a majority vote, remove any
Board member at any time for any reason or no reason. All Board members shall abide by State
laws and Village ordinances regarding ethical behavior. Vacancies in the Board membership by
resignation, illness or other causes shall be filled by the Village Council for the unexpired term
of the member involved. Three (3) absences in a row or three (3) unexcused absences within the
fiscal year of the Village, shall constitute cause for automatic dismissal from the Board.
Section 7 -2. Organization, Qualification of members.
The Board shall select its own chair and vice -chair 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 to the Board.
All members of the Planning and Zoning Advisory Board shall be qualified electors of the
Village.
Section 7 -3. Authority.
The Planning and Zoning Advisory Board shall serve as the Local Planning Agency (LPA) of the
Village pursuant to Section 163.3174, Fla. Stat.
The Planning and Zoning Advisory Board shall have general authority (provided that, in order to
provide for proper budgetary allocations, any request requiring extensive staff or attorney time
must first be approved by the Village Manager) to:
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(3)
(4)
The Planning
to perform its
Gather and analyze data and such other information to amend the Village's
Comprehensive Development Plan, prior to review and adoption by the Village
Council.
Review and recommend to Village Council land development regulations to
implement the Village of Tequesta Comprehensive Development Plan. The land
development regulations include, but are not limited to, the following:
a. Village of Tequesta Comprehensive Zoning Ordinance.
b. Village of Tequesta Subdivision Regulations.
c. Village of Tequesta community appearance standards and regulations.
d. Any other land development regulations required or allowed pursuant to
Chapter 163, Fla. Stat., or other applicable law.
Review and recommend to Village Council regarding applications for:
a. Site Plan in accordance with regulations and requirements of Section X
(M), Village of Tequesta Comprehensive Zoning Ordinance.
b. Special Exceptions in accordance with regulations and requirements of
Section X (J) Special Exception Uses, Village of Tequesta Comprehensive
Zoning Ordinance.
c. District Boundary Changes (re- zonings) in accordance with regulations
and requirements of Chapter 166, Fla. Stat.
Text Amendments to Village of Tequesta Comprehensive Development
Plan in accordance with Chapter 163. Fla. Stat., Comprehensive Planning
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 Advisory Board by the
Village Council.
Review and recommend to Village Council regarding proposed condemnations.
and Zoning Advisory Board may adopt such rules and procedures as are necessary
duties.
Sec. 7 -3.1. Powers and Duties as Official Tree Board of the Village.
In addition to the functions provided pursuant to the other provisions of this chapter, the
Planning and Zoning Advisory Board shall constitute the official Tree Board of the Village of
Tequesta and as such shall:
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(5)
Annually develop and present to the Village Council a written community tree
management program and supporting work plan which, upon acceptance by the
Village Council, shall constitute the official Comprehensive Tree Plan for the
Village.
Annually prepare plans for a Tequesta Annual Arbor Day ceremony, for approval
by the Village Council.
Make recommendations to the Village Council upon any matter coming within
the scope of its work, as deemed necessary.
Make recommendations to the Village Council that certain trees located within
the Village be designated as specimen, historic, native or endangered trees. In
making such a determination, the Tree Board shall consider, but not be limited to
the following criteria:
a. The significance of the tree as a Village landmark.
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.
Perform any other duties assigned by the Village Council.
Section 7 -4. Duties and Responsibilities.
Recommended actions of the Planning and Zoning Advisory Board shall be recorded in written
form for transmittal to the Village Council.
Prior to adoption of a recommendation with respect to an application, the Planning and Zoning
Advisory Board shall consider the following:
(1) The information submitted by the applicant, including all exhibits, studies or other
information presented or used for review of 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 application 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) Comments, if any, from the applicant, staff or the public.
Section 7 -5. Meetings; Records.
The Planning and Zoning Advisory 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 Thursday 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 Planning and Zoning Advisory Board
chairman. The chairman, or in his absence, the vice chairman or acting chairman, may compel
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the attendance of witnesses. All meetings of the Board and its files or records shall be open to
the public.
The Planning and Zoning Advisory Board shall also keep minutes of its proceedings, showing
the vote of each member upon each question, or, if absent, indicating such fact, and shall keep
records of its examinations and 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 advisory board, the applicant shall pay a
fee to the Village at the time of filing of such application. Said fee shall be in an amount as
established and amended by resolution of the Village Council, shall 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 application 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 applications, and to this
end, the provisions of this Ordinance are hereby declared severable.
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
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
passage and approval, as provided by law.
THE FOREGOING ORDINANCE was offered by Vice Mayor von Frank, who moved
its adoption. The Ordinance was seconded by Council Member Watkins, and upon being put to a
vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Mayor Resnik
Vice Mayor von Frank
Council Member Genco
Council Member Watkins
Council Member Capretta
The Mayor thereupon declared the Ordinance duly passed and adopted this 1 lth day of
December, 2003.
ATTEST:
7Vg4/1,T
Village Cj k
MAYOR OF TEQUESTA
Edward D. Resnik
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