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Code of Ordinances Supplement 33 SUPPLEMENT NO. 33 May 2007 CODE OF ORDINANCES Village of NORTH PALM BEACH, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 2007-03, adopted February 8, 2007. See the Code Comparative Table for further information. Included in the Charter is: Ordinance No. 2007-05, adopted March 8, 2007. See the Charter Comparative Table for further information. Remove old pages Insert new pages xi-xvi xi-xvi Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 10.1, 10.2 10.1-10.3 15, 16 15-16.1 65 65 133 133 137-138.2 137-138.2 141, 142 141-142.1 163, 164 163-164.1 213, 214 213, 214 323, 324 323, 324 383, 384 383, 384 398.11-398.17 398.11-398.18 509, 510 509, 510 725, 726 725, 726 891-892.1 891-892.1 947, 948 947, 948 1051 1051 1054.5-1060 1055-1060.5 1233, 1234 1233, 1234 1239-1242 1239-1242 1349-1356 1349-1356.1 1359-1366 1359-1366.4 1683, 1684 1683, 1684 1785-1788 1785-1788.1 2045, 2046 2045, 2046 2357-2364 2357-2364.1 2373-2379 2373-2379 2486.2.1-2486.3 2486.3-2486.7 INSTRUCTION SHEET-Contd. 2512.3-2512.7 2512.3-2512.7 2819, 2820 2819, 2820 2889, 2890 2889-2891 2935-2954 2935-2954.1 2965-2967 2965-2967 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576-3171 1-800-262-CODE Website: www.municode.com TABLE OF CONTENTS Page Officials of the Village iii Preface v Adopting Ordinance vii Readopting Ordinance x.i Checklist of Up-to-Date Pages [1] PART I CHARTER Charter 1 Art. I. Corporate Name 3 Art. I.A. Vision Statement 3 Art. II. Territorial Boundaries 3 Art. III. Legislative 10.2 Art. IV. Administrative 15 Art. V. Qualifications and Elections 17 Art. VI. Transition Schedule 18 Charter Comparative Table 65 PART II CODE OF ORDINANCES Chapter 1. General Provisions 77 2. Administration 133 Art. I. In General 135 Art. II. Council 138 Div. 1. Generally 138 Div. 2. Rules of Procedure 138 Art. III. Administrative Code 138.1 Div. 1. Generally 138.1 Div. 2. Audit Committee 139 Div. 3. Department of Finance 140 Div. 4. Department of Records 140.1 Div. 5. Department of Public Safety 141 Div. 6. Department of Public Works 142 Div. 7. Department of Library 142 Div. 8. Department of Country Club 142 Div. 9. Department of Recreation 142 Div. 10. Department of Community Development . 142.1 Art. IV. Manager 142.1 Art. V. Pensions and Retirement Systems 143 Div. 1. Generally 143 Supp. No. 33 xl NORTH PALM BEACH CODE Chapter Page Div. 2. Social Security 143 Div. 3. Pension and Certain Other Benefits for Gen- eral Employees 144.1 Div. 4. Pension and Certain Other Benefits for Fire and Police Employees 150.1 Div. 5. Length of Service Award Plan for Volunteer Firefighters 161 Div. 6. ICMA Defined Contribution Pension Plan.. 163 Art. VI. Code Enforcement Board 163 3. Alcoholic Beverages 211 4. Animals and Fowl 263 Art. I. In General 265 Art. II. Dogs and Cats 266 Art. III. Rabies Control 269 5. Boats, Docks and Waterways 319 Art. I. In General 321 Art. II. Boat Launching Area 325 Art. III. Construction Requirements 326 Div. 1. Generally 326 Div. 2. Canals 326 Div. 3. Bulkheads and Seawalls 327 Div. 4. Docks and Piers 328 Div. 5. Erosion Control Structures 333 Art. IV. Marine Sanctuaries 333 Art. V. Waterways Board 334 6. Buildings and Building Regulations 381 Art. I. In General 383 Art. II. Minimum Construction Standards 383 Art. III. Appearance Code 384 Div. 1. Generally 384 Div. 2. Reserved 398.3 Div. 3. Certificate of Appropriateness 398.3 Art. IV. Reserved 398.5 Art. V. Signs and Outdoor Displays 398.5 Art. VI. Energy Efficiency Building Code 398.18 Art. VII. Coastal Construction Code 398.18 7. Bulkhead Lines 453 Art. I. In General 455 Art. II. Filling Permit 455 8. Emergency Management 507 Art. I. In General 509 Art. II. Civil Disorders and Disturbances 510 9. Country Club 559 Art. I. In General 561 Art. II. Advisory Board 562 Supp. No. 33 x11 TABLE OF CONTENTS Contd. Chapter Page Art. III. Finances 563 10. Elections 615 Art. I. In General 617 Art. II. Reserved 619 Art. III. Inspectors and Clerk 619 Art. IV. Polling Place 620 11. Electricity 671 Art. I. In General 673 Art. II. Electrical Code 673 11.5. Emergency Service 695 Art. I. In General 697 Art. II. Emergency Medical Services 697 12. Fire Prevention and Protection 723 Art. I. In General 725 Art. II. Florida Fire Prevention Code 725 Art. III. Fire Division 726 Div. 1. Generally 726 Div. 2. Personnel 727 Div. 3. Equipment 727 Div. 4. Reserved 728 Art. IV. Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances 728 12.5 Flood Damage Prevention 777 Art. I. In General 779 Art. II. Administration 783 Art. III. Provisions for Flood Hazard Reduction 786 13. Reserved 839 14. Health and Sanitation 889 Art. I. In General 891 Art. II. Garbage, Trash and Refuse 891 Div. 1. Generally 891 Div. 2. Garbage Collection and Disposal 891 Div. 3. Abandoned, Inoperative and Junked Prop- erty 892 Art. III. Reserved 895 Art. IV. Weeds and Brush 895 15. Housing 945 16. Library 997 Art. I. In General 999 Art. II. Library Board 999 17. Licenses and Miscellaneous Business Regulations......... 1051 Art. I. In General 1053 Art. II. Local Business Tax 1057 Art. III. Businesses Located Outside Village Limits 1060.4 Supp. No. 33 x111 NORTH PALM BEACH CODE Chapter Page Art. IV. Reserved 1063 Art. V. Ambulances 1063 Art. VI. Garage and Other Sales 1063 17.5 Reserved 1121 18. Motor Vehicles and Traffic 1171 Art. I. In General 1173 Art. II. Operation of Vehicles Generally 1173 Art. III. Stopping, Standing and Parking 1174.1 19. Offenses and Miscellaneous Provisions 1225 Art. I. In General 1227 Art. II. Sexual Offenders and Sexual Predators 1228 Art. III. Offenses Against Property 1228.1 Art. IV. Offenses Against Public Morals 1228.1 Art. V. Offenses Against Public Peace 1229 Art. VI. Noise Control 1229 Art. VII. Reserved 1235 Art. VIII. Weapons 1235 Art. IX. Water Shortage Emergencies 1236 Art. X. Alarms 1238 Art. XI. Wellf"ield Protection 1242 20. Parks, Playgrounds and Recreation 1289 Art. I. In General 1291 Art. II. Meetings and Gatherings 1292 Div. 1. Generally 1292 Div. 2. Permit 1292 Art. III. Recreation Advisory Board 1293 21. Planning and Development 1343 Art. I. In General 1345 Art. II. Planning Commission 1346 Art. III. Board of Adjustment 1347 Art. IV. Concurrency Management 1349 Art. V. Stormwater Management 1363 Art. VI. Archaeological Site Protection Regulations 1366.1 22. Reserved 1411 23. Police 1463 Art. I. In General 1465 Art. II. Reserved 1465 Art. III. Reserve Force 1465 24. Streets, Sidewalks and Public Places 1517 Art. I. In General 1519 Art. II. Excavations 1519 Div. 1. Generally 1519 Div. 2. Permit 1520 Art. III. Sidewalks and Driveways 1520 Div. 1. Generally 1520 Supp. No. 33 xlV TABLE OF CONTENTS Contd. Chapter Page Div. 2. Permits 1522 25. Swimming Pools 1573 Art. I. In General 1575 Art. II. Reserved 1575 Art. III. Reserved 1576 26. Taxation 1627 Art. I. In General 1629 Art. II. Insurance Excise Taxes 1629 Art. III. Utility Tax 1629 Art. IV. Telecommunications Service Tax 1630 27. Trees and Shrubbery 1681 Art. I. In General 1683 Art. II. Trees in Swale Areas 1683 Art. III. Landscaping 1684 Div. 1. Generally 1684 Div. 2. Reserved 1686 Div. 3. Requirements for Certain Yard Areas, Off- Street Parking and Other Vehicular Use Areas 1686 28. Use of Rights-Of--Way for Utilities 1739 29. Telecommunications 1781 Appendices A. Appearance Plan 2043 B. Subdivisions 2353 Art. I. In General 2355 Art. II. Procedures for Subdivision Plat Approval 2358 Art. III. Design Standards 2365 Art. IV. Required Improvements 2368.1 Art. V. Enforcement Provisions 2372 Art. VI. Amendments 2378 Art. VII. Legal Status 2379 C. Zoning 2479 Art. I. In General 2481 Art. II. Generally 2485 Art. III. District Regulations 2486.6 Arts. IV, V. Reserved 2515 Art. VI. Amendments-Fees; Waiting Periods......... 2515 Art. VII. Nonconforming Uses of Land and Structures. 2516 D. Franchises 2619 Statutory Reference Table 2819 Code Comparative Table-1970 Code 2869 Code Comparative Table-Laws of Florida 2873 Supp. No. 33 xV NORTH PALM BEACH CODE Page Code Comparative Table-Ordinances 2875 Charter Index 2933 Code Index 2935 Supp. No. 33 xVl Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on apage-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page 1 77 OC iii 1 79, 80 OC v, vi OC 81, 82 25 vii, viii OC 83 25 ix OC 133 33 x.i, x.ii 1 135, 136 24 x.iii 1 136.1, 136.2 24 xi, xii 33 137, 138 33 xiii, xiv 33 138.1, 138.2 33 xv, xvi 33 138.3 30 1 25 139,140 29 3, 4 25 140.1, 140.2 28 5, 6 25 141, 142 33 7, 8 25 142.1 33 9, 10 29 143, 144 31 10.1, 10.2 33 144.1, 144.2 31 10.3 33 144.3 31 11, 12 25 145, 146 32 13, 14 25 147, 148 32 15, 16 33 148.1 32 16.1 33 149, 150 29 17, 18 25 150.1, 150.2 31 19 25 151 31 65 33 153,154 26 Supp. No. 33 [1] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 155, 156 26 403 OC 156.1, 156.2 26 453 OC 157, 158 32 455, 456 22 158.1 32 507 22 159, 160 25 509, 510 33 161, 162 25 511 22 559 17 161, 162 25 561, 562 24 163,164 33 563,564 24 164.1 33 615 OC 165, 166 25 617, 618 OC 167, 168 25 619, 620 29 169 25 671 2 211 OC 673 24 213,214 19 695 13 263 OC 697 13 265, 266 OC 723 24 267, 268 27 725, 726 33 269 27 727, 728 5 319 29 729 5 321, 322 17 777 OC 323, 324 33 779, 780 OC 325, 326 32 781, 782 OC 326.1 32 783, 784 OC 327, 328 27 785, 786 OC 329, 330 27 787, 788 OC 331, 332 27 789 OC 332.1 27 839 OC 333, 334 32 889 OC 335 32 891, 892 33 381 23 892.1 33 383, 384 33 893, 894 OC 385 24 895, 896 OC 398.3, 398.4 7 945 OC 398.5, 398.6 23 947, 948 33 398.7, 398.8 23 997 OC 398.9, 398.10 23 999, 1000 22 398.11, 398.12 33 1051 33 398.13, 398.14 33 1053, 1054 31 398.14.1, 398.14.2 33 1054.1, 1054.2 31 398.15, 398.16 33 1054.3, 1054.4 31 398.17, 398.18 33 1055, 1056 33 399, 400 OC 1057, 1058 33 401, 402 OC 1059, 1060 33 Supp. No. 33 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1060.1, 1060.2 33 1465, 1466 OC 1060.3, 1060.4 33 1517 OC 1060.5 33 1519, 1520 OC 1061, 1062 8 1521, 1522 27 1063,1064 8 1523 27 1121 OC 1573 24 1171 OC 1575, 1576 29 1173,1174 28 1627 9 1175, 1176 30 1629, 1630 27 1177 30 1631 27 1225 31 1681 OC 1227, 1228 31 1683, 1684 33 1228.1 31 1684.1, 1684.2 24 1229, 1230 21 1685, 1686 OC 1231, 1232 21 1687, 1688 17 1233, 1234 33 1689, 1690 17 1235,1236 30 1739 14 1236.1 30 1741, 1742 21 1237, 1238 16 1781 21 1239, 1240 33 1783, 1784 21 1241, 1242 33 1785, 1786 33 1289 3 1787,1788 33 1291, 1292 OC 1788.1 33 1293, 1294 29 1789, 1790 21 1295 29 1791,1792 21 1343 4 1793,1794 21 1345, 1346 22 1795, 1796 21 1346.1 22 2043 OC 1347, 1348 29 2045, 2046 33 1349, 1350 33 2046.1 25 1351, 1352 33 2047, 2048 OC 1353, 1354 33 2049, 2050 OC 1355, 1356 33 2051, 2052 OC 1356.1 33 2053 OC 1357, 1358 OC 2353 OC 1359, 1360 33 2355, 2356 OC 1361, 1362 33 2357, 2358 33 1363, 1364 33 2359, 2360 33 1365, 1366 33 2361, 2362 33 1366.1, 1366.2 33 2363, 2364 33 1366.3, 1366.4 33 2364.1 33 1367 5 2365, 2366 OC 1411 OC 2367, 2368 29 1463 OC 2368.1 1 Supp. No. 33 [3] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 2369, 2370 OC 2510.27, 2510.28 25, Add. 2371, 2372 OC 2510.29, 2510.30 25, Add. 2373, 2374 33 2510.31, 2510.32 25, Add. 2375, 2376 33 2510.33, 2510.34 25, Add. 2377, 2378 33 2510.35, 2510.36 25, Add. 2379 33 2510.37, 2510.38 25, Add. 2479 9 2510.39, 2510.40 25, Add. 2481, 2482 23 2510.41, 2510.42 25, Add. 2483, 2484 23 2510.43, 2510.44 25, Add. 2485, 2486 23 2510.45, 2510.46 25, Add. 2486.1, 2486.2 23 2510.47, 2510.48 25, Add. 2486.3, 2486.4 33 2510.49, 2510.50 25, Add. 2486.5, 2486.6 33 2510.51, 2510.52 25, Add. 2486.7 33 2510.53, 2510.54 25, Add. 2487, 2488 OC 2510.55, 2510.56 25, Add. 2488.1, 2488.2 18 2510.57, 2510.58 25, Add. 2489, 2490 18 2511, 2512 30 2491, 2492 18 2512.1, 2512.2 23 2493, 2494 18 2512.3, 2512.4 33 2495, 2496 18 2512.5, 2512.6 33 2497, 2498 32 2512.7 33 2499, 2500 32 2513, 2514 OC 2500.1 32 2515, 2516 22 2501, 2502 25 2517, 2518 22 2503, 2504 28 2619 21 2504.1, 2504.2 29 2819, 2820 33 2504.3 28 2869, 2870 OC 2505, 2506 10 2871 OC 2507, 2508 13 2873 OC 2509, 2510 32 2875, 2876 OC 2510.1, 2510.2 32 2877, 2878 OC 2510.2.1 32 2879, 2880 OC 2510.3, 2510.4 25, Add. 2881, 2882 14 2510.5, 2510.6 25, Add. 2883, 2884 14 2510.7, 2510.8 25, Add. 2885, 2886 19 2510.9, 2510.10 25, Add. 2887, 2888 25, Add. 2510.11, 2510.12 25, Add. 2889, 2890 33 2510.13, 2510.14 25, Add. 2891 33 2510.15, 2510.16 25, Add. 2933, 2934 25 2510.17, 2510.18 25, Add. 2935, 2936 33 2510.19, 2510.20 25, Add. 2937, 2938 33 2510.21, 2510.22 25, Add. 2939, 2940 33 2510.23, 2510.24 25, Add. 2941, 2942 33 2510.25, 2510.26 25, Add. 2943, 2944 33 Supp. No. 33 [4] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. 2945, 2946 33 2947, 2948 33 2949, 2950 33 2951, 2952 33 2953, 2954 33 2954.1 33 2955, 2956 31 2965, 2966 33 2967 33 Supp. No. 33 [5] CHARTER § 1 said westerly right-of--way line being herein as- Subject to restrictions, reservations, easements sumed to be a line parallel to and 40 feet westerly and covenants of record, if any, to the extent that from the centerline of said road, and also being same are valid and enforceable. parallel to and 7 feet westerly from the westerly right-of--way line of said road, as per Plat of Lots 43, 44, 45 and 46, KELSEY ACRES, PLAT Rivard Subdivision, as recorded in Plat Book 21, NO. 2 (LESS AND EXCEPT that land taken or page 12, and said point of beginning being 1145.6 conveyed to the Department of Transportation for feet northerly, measured along said right-of--way Highway Purposes as shown on Road Plat Book 4, line, from the South line of said Section 17; thence page 22 and as appear in instruments recorded in westerly, at right angles to the preceding course, Official Record Book 3538, page 1834 and in 128.06 feet, more or less, to a point in the westerly Official Record Book 3543, page 332), according to line of the Southeast Quarter of the Southwest the plat thereof on file in the Office of the Clerk of Quarter of said Section 17; thence northerly along the Circuit court in and for Palm Beach County, said westerly line, 54.15 feet, more or less, to a Florida, as in Plat Book 24, page 47. point in a line parallel to, and 50 feet northerly from, measured at right angles to, the South line Lot 47, KELSEYACRES # 2, according to the Plat of the herein described parcel, thence easterly thereof on file in the Office of the Clerk of the along said parallel line, 107 feet more or less, to a Circuit Court in and for Palm Beach County, point in said westerly right-of--way line of State Florida, recorded in Plat Book 24, Page 47, less Road AlA; thence southerly along said westerly and except the following described property con- right-of--way line, 50 feet, more or less, to the veyed to the State of Florida by instrument re- point of beginning. corded at Official Record Book 3697, Page 355 of Official Records of Palm Beach County, Florida: PARCEL II: A parcel of land in Section 17 Town- Commence at the Northwest corner of said Lot 47, ship 42 South, Range 43 East, more particularly thence South 38°22'23" West along the Westerly described as follows: line of said Lot 47, a distance of 68.64 feet to the POINT OF BEGINNING; thence continue South Beginning at a point in the westerly right-of--way 38°22'23" West alopng said Westerly line a distance line of State Road AlA, formerly State Road 176, of 29.69 feet to a oint on a curve concave South- westerly having a tangent bearing of South said westerly right-of--way line being herein as- 36°18'02" East through said point; thence south- sumed to be a line parallel to and 40 feet westerly easterly along said curve having a radius of from the centerline of said road, and also being 5769.58 feet, through an angle of O1°27'35" an arc parallel to, and 7 feet westerly from the westerly distance of 146.99 feet to the Southeast corner of right-of--way line of said road, Plat of Rivard said Lot 47; thence North 50°46'22" East along Subdivision, Plat Book 21, Page 12, and said point the Easterly line of said Lot 47 a distance of 25.83 of beginning being 1095.6 feet northerly, mea- feet to a point on a curve concave Southwesterly sured along said right-of--way line, from the South and having a tangent bearing of North 33°50'47" line of said Section 17, then northerly along said West through said point; thence Northwesterly westerly right-of--way line 50 feet; then westerly along said curve having a radius of 6305.45 feet at right angles to the preceding course, 128.06 through an angle of O1°23'44" an arc distance of feet, more or less, to a point in the westerly line of 153.58 feet to the POINT OF BEGINNING. the Southeast Quarter of Southwest Quarter of (Laws of Fla., Ch. 73-564, § 1; Ord. No. 03-95, said Section 17; then southerly along said west- 2-9-95; Ord. No. 24-96, 7-11-96; Ord. No. 33-96, erly line, 53.96 feet, more or less to a point in a 8-22-96; Ord. No. 20-99, § 1, 5-27-99; Ord. No. line parallel to, and 50 feet southerly from, mea- 16-2002, § 1, 5-23-02; Ord. No. 27-2002, § 1, sured at right angles to, the north line of the 9-26-02; 03-2003, § 1, 2-13-03; Ord. No. 10-2004, herein described parcel, thence easterly along 1(Exh. A), 7-8-04; Ord. No. 33-2004, § 1(Exh. said parallel line 144 feet, more or less, to a point A), 12-9-04; Ord. No. 2007-04, § 2, 3-8-07; Ord. of beginning. No. 2007-05, § 2, 3-8-07) Supp. No. 33 10.1 § 1 NORTH PALM BEACH CODE ARTICLE III. LEGISLATIVE as mayor during the absence or disability of the mayor. The president pro tem shall preside at Section 1. Village council; powers and com- council meetings in the absence of the mayor and position. vice mayor. There shall be a village council with all legis- The mayor shall have power, for sufficient lative powers of the village vested therein consist- cause, to suspend any Village officer or official ing of five (5) members who shall be electors of the appointed by the council. In case of the suspen- village, who shall be elected by the electors of the Sion of any such person, the mayor shall, within village. fifteen (15) days thereafter, deliver to the village (Ord. No. 1-76, § 1, 2-19-76) clerk, or his deputy, a specification in writing of the charges preferred to the officer suspended; Section 2. Election and terms. and it shall be the duty of said clerk to present such charges to the council at its next meeting On the second Tuesday in March of each year a following the receipt of such charges by him. general election shall be held to elect members of Thereafter the council shall proceed to hear and the village council. The selection of members of determine the said charges after reasonable no- the village council shall be by groups to be known tice of such hearing to the suspended officer, who as Groups 1, 2, 3, 4 and 5. The councilmen in shall be given an opportunity to be heard with his Groups 1, 3 and 5 shall be elected in the even witnesses. If upon such hearing the charges pre- years and councilmen in Groups 2 and 4 shall be ferred against such officer shall not be sustained elected in the odd years. The term of office of a by the council, the officer shall be thereby imme- councilman shall commence upon his election and diately restored to office unless the council shall qualification and shall continue for two (2) years decide to terminate the services of such officer for thereafter and until his successor is elected and other cause, or without cause. qualified; provided, however, that the terms of In the event that any village officer shall be office of those councilmen whose terms expire in suspended by the mayor as herein provided, the March of 1981 and March of 1982 shall be short- mayor shall have power to appoint some person or ened by a period of one week. some other officer of the Village temporarily to (Ord. No. 1-76, § 1, 2-19-76; Ord. No. 29-80, § 1, perform the duties of the officer suspended, until 10-9-80) the charges against such suspended officer are heard and determined by the council. Section 3. Mayor. (Ord. No. 1-76, § 1, 2-19-76) The council shall elect from among its mem- Section 4. Compensation and expenses. bers a mayor, a vice mayor, and a president pro tem to serve at the pleasure of the council. Elec- The council may determine the annual salary tion of the mayor, vice mayor and president pro of council members by ordinance, but no ordi- tem shall be done annually at the first (1st) nance increasing such salary shall become effec- regular council meeting after the village election. tive until the date of commencement of the terms The mayor shall preside at meetings of the coun- of the council members elected at the next regular cil, shall be recognized as head of village govern- election, provided that such election follows the ment for all ceremonial purposes, by the governor adoption of such ordinance by at least six (6) for purposes of military law, for service of process, months. execution of contracts, deeds and other docu- (Ord. No. 1-76, § 1, 2-19-76) menu, and as the village official designated to represent the village in all agreements with other Section 5. Vacancies; forfeiture of office; fill- governmental entities or certifications to other ing of vacancies. governmental entities, but shall have no admin- (a) Vacancies. The office of a council member istrative duties except as required to carry out the shall become vacant upon his death, resignation, responsibilities herein. The vice mayor shall act removal from office in any manner authorized by Supp. No. 33 10.2 CHARTER § 5 law or forfeiture of his office, such forfeiture to be declared by the remaining members of the coun- cil. (b) Forfeiture of office. A council member shall forfeit his office if he lacks at any time during his term of office any qualification for the office prescribed by this charter or by law. Supp. No. 33 10.3 CHARTER § 3 (d) This section shall not apply to any strut- referendum election called for and held as pro- tures on or upon Village owned real property that vided by law. This section is not intended nor exist as of the date of adoption of this Charter shall it be construed as a prohibition against the Amendment; no [nor] shall this section apply to Village entering into contracts and interlocal agree- the repair or reconstruction of any such existing menu with public or private entities for services structures; except that this section shall apply to and assistance within one or more of the specified such structures in the event that said existing Village departments structures shall be abandoned or officially deter- (Ord. No. 37-2002, § 1, 12-12-02 mined to be of no further use to the Village. Editor's note-ord. No. 37-2002, was passed by vote in an election held March 11, 2003. (e) This section shall not apply to any disposi- Editor's note-Ord. No. 2006-24, § 3, adopted Nov. 9, tion of Village owned real property, any improve- 2006, provided the following: "The duties and responsibilities ment of same by way of placing structures thereon, of the Public Services Department have been allocated to the Public Works Department and the Community Development or any lease of said real property by the Village if Department. Consequently, the reference to the Public Ser- the same is required by State or Federal law, or if vices Department Administration in § i2 herein shall be required by mandate of any agency or subdivision construed to include both the Public Works Department Ad- or the State or Federal Government with jurisdic- ministration and the Community Development Department Administration, thereby retaining its existing meaning and t10n Over the Village. avoiding the need for a referendum vote to amend the Charter (f) This section shall not apply to the construc- to conform to ordinance No. Zoos-23." tion of public utility structures, nor the placement of underground utility structures including, but ARTICLE IV. ADMINISTRATIVE not limited to, water mains, sewer lines, storm water drainage and other utilities. Section 1. Village manager. (g) This section shall not apply to the construc- There shall be a village manager who shall be tion of structures deemed necessary by the Vil- the chief administrative officer of the village. The lage for public recreational purposes on Village manager shall be responsible to the council for owned real property on which public recreational the administration of all village affairs placed in structures exist as of the date of adoption of this his charge by or under this charter. Charter Amendment. (Ord. No. 11-86, § 1, 9-11-86; Ord. No. 36-2002, (OTd. No. 1-76, § 1, 2-19-76) § 1, 12-12-02) Editor's note-Ord. No. 36-2002, was passed by vote in Section 2. Appointment; removal; compen- an election held March 11, 2003. sation [of manager]. Section 12. Contracting of village services; (a) Appointment. The council shall appoint a referendum required. village manager for an indefinite term by a ma- jority vote of all the council members. No contract or interlocal agreement shall be entered into between the Village and athird- (b) Removal. The council may remove the man- party public or private entity whereby the third ager by a majority vote of all the council members party is to take over the management and per- and the manager shall hold office at the pleasure form the duties and responsibilities of either the of the council. Public Safety Police, Fire or Emergency Medical (c) Compensation. The compensation of the Services Divisions, the Public Services Depart- manager shall be fixed by the council. ment Administration, Building or Sanitation Di- (Ord. No. 1-76, § 1, 2-19-76) visions, Finance Department, Recreation Depart- ment or Library unless the proposed contract or Section 3. Vacancy [in office of manager]. interlocal agreement first receives afour-fifths vote of the Village Council and the approval of During any vacancy in the office of village two-thirds of the Village electors who vote in a manager, the council may designate any compe- Supp. No. 33 15 § 3 NORTH PALM BEACH CODE tent person, except the mayor or any member of (e) Prepare and submit the annual budget, the council, to execute the functions of the office of budget message, and capital program to village manager. the council in a form provided by ordi- (Ord. No. 1-76, § 1, 2-19-76) nance; (f) Submit to the council and make available Section 4. Acting village manager. to the public a complete report on the finances and administrative activities of By letter filed with the council, the manager the village as of the end of each fiscal shall designate, subject to approval of the council, year; a qualified village administrative officer to exer- (g) Make such other reports as the council cise the powers and perform the duties of man- may require concerning the operations of ager during his temporary absence or disability. village departments, offices and agencies, During such absence or disability, the council may subject to his direction and supervision; revoke such designation at any time and appoint another officer of the village to serve until the (h) Keep the council fully advised as to the manager shall return or his disability shall cease. financial condition and future needs of (Ord. No. 1-76, § 1, 2-19-76) the village and make such recommenda- tions to the council concerning the affairs of the village as he deems desirable; Section 5. Powers and duties of the village manager. (i) Sign contracts on behalf of the village pursuant to the provisions of appropria- The Village Manager shall: tions ordinances; (j) Perform such other duties as are specified (a) Appoint, and when he deems it necessary in this charter or may be required by the for the good of the village, suspend or council. remove all village employees and appoint- (Ord. No. 1-76, § 1, 2-19-76) ive administrative officers provided for by or under this charter, except as otherwise Section 6. Country club administrator. provided by law, this charter or personnel The council shall have the power by ordinance rules adopted pursuant to this charter. He to provide for the management and/or adminis- may authorize any administrative officer tration of any village owned or operated country who is subject to his direction and super- club and its related activities, in whole or in part, vision to exercise these powers with re- separate from the office of the Village Manager spect to subordinates in that officer's de- and to specify the authority, if any, that the partment, office or agency; Village Manager shall have over employment, (b) Direct and supervise the administration management, administration or other matters in of all departments, offices and agencies of any way connected with the operation of any the village, except as otherwise provided village owned or operated country club. by this charter or by law; (Ord. No. 1-76, § 1, 2-19-76) (c) Attend all council meetings and shall have Section 7. Village clerk. the right to take part in discussion but There shall be a Village Clerk who shall be may not vote; responsible to the council for the proper adminis- tration of all affairs of the village coming under (d) See that all laws, provisions of this char- the clerk's control as defined in Article IV, Section ter and acts of the council, subject to 10. enforcement by him or by officers subject (Ord. No. 38-2002, § 1, 12-12-02) to his direction and supervision, are faith- Editor's note-Ord. No. 38-2002, § i, adopted Dec. i2, fully executed; 2002, repealed Art. IV, § 7, in its entirety and enacted new Supp. No. 33 16 CHARTER § 8 provisions to read as herein set out. Prior to amendment § 7 pertained to similar subject matter and derived from Ord. No. 1-76, § 1, adopted Feb. 19, 1976. Ord. No. 38-2002, was passed by vote in an election held March 11, 2003. Section 8. Appointment; removal; compen- sation of village clerk. (a) Appointment. The council shall appoint a village clerk for an indefinite term by a majority vote of all the council members. Supp. No. 33 16.1 CHARTER COMPARATIVE TABLE Chapter Disposition Number Section Article/Section 31481 (1956) Art. I I 73-564 1 II 1 Ordinance Disposition Number Date Section Article/Section 29-80 10- 9-80 1 III 2 11-86 9-11-86 1 III 11 03-95 2- 9-95 II 1 24-96 7-11-96 II 1 33-96 8-22-96 II 1 20-99 5-27-99 1 II 1 16-2002 5-23-02 1 II 1 27-2002 9-26-02 1 II 1 31-2002 12-12-02 1 Added I.A. 33-2002 12-12-02 1 Added III 5(e) 34-2002 12-12-02 1 III 9(a) 35-2002 12-12-02 1 10 36-2002 12-12-02 1 III 11(a) (c) 37-2002 12-12-02 1 Added III 12 38-2002 12-12-02 1 Rpld IV 7 Added IV 7 2 Added IV 8 3 Added IV 9 4 Added IV 10 39-2002 12-12-02 1 V 3 40-2002 12-12-02 1 Added IV 7 03-2003 2-13-03 1 II 1 10-2004 7- 8-04 1(Exh. A) II 1 33-2004 12- 9-04 1(Exh. A) II 1 2006-24 ll- 9-06 3 Added III 12(note) 2007-04 3- 8-07 2 II 1 2007-05 3- 8-07 2 II 1 [The next page is 77] Supp. No. 33 65 Chapter 2 ADMINISTRATION* Art. I. In General, 2-1-2-15 Art. II. Council, 2-16-2-35 Div. 1. Generally, 2-16 2-25 Div. 2. Rules of Procedure, 2-26 2-38 Art. III. Administrative Code, 2-39-2-114 Div. 1. Generally, 2-39 2-50 Div. 2. Audit Committee, 2-51 2-58 Div. 3. Department of Finance, 2-59 2-66 Div. 4. Department of Records, 2-67 2-74 Div. 5. Department of Public Safety, 2-75 2-83 Div. 6. Department of Public Works, 2-84 2-92 Div. 7. Department of Library, 2-93 2-101 Div. 8. Department of Country Club, 2-102 2-109 Div. 9. Department of Recreation, § 2-110 Div. 10. Department of Community Development, 2-111 2- 114 Art. IV. Manager, 2-115-2-125 Art. V. Pensions and Retirement Systems, 2-129-2-170.11 Div. 1. Generally, 2-129 2-135 Div. 2. Social Security, 2-136 2-145 Div. 3. Pension and Certain Other Benefits for General Employ- ees, 2-146 2-158 Div. 4. Pension and Certain Other Benefits for Fire and Police Employees, 2-159 2-170 Div. 5. Length of Service Award Plan for Volunteer Firefighters, 2-170.01 2-170.11 Div. 6. ICMA Defined Contribution Pension Plan, 2-170.12 2-170.15 Art. VI. Code Enforcement Board, 2-171-2-152 *Charter reference-Administrative provisions generally, Art. IV. Cross references-Rabies control, § 4-42 et seq.; elections, Ch. 10; fire division, § 12-29 et seq.; library board, § 16-16 et seq.; impersonation of village officers, § 19-14; enforcement procedures for noise regulations, § 19-117; local planning agency designated, § 21-12; taxation, Ch. 26; appearance plan, App. A; subdivision regulations, App. B; zoning regulations, App. C. Supp. No. 33 133 ADMINISTRATION § 2-4 will analyze and select one or more optimal types States which is authorized to accept of investments and competitively bid the security and exercise trusts and which is in question when feasible and appropriate. Ex- doing business in the state, and must cept as otherwise required by law, the bid deemed be kept in the depository in an ac- tobest meet the investment objectives specified in count separate and apart from the subsection III must be selected. assets of the financial institution; or (n) Internal controls. The chief financial officer c. If physically issued to the holder but shall establish a system of internal controls de- not registered with the issuer or its signed to prevent losses of funds, which might agents, must be immediately placed arise from fraud, employee error, misrepresenta- for safekeeping in a secured vault. tion by third parties, or imprudent actions by employees of the village. Such internal controls (2) The village may also receive bank trust shall be in writing and made a part of the village's receipts in return for investment of sur- operating procedures and shall be reviewed by plus funds in securities. Any trust re- independent auditors during the course of peri- ceipts received must enumerate the vari- odic financial audits as may be required of the ous securities held, together with the village. specific number of each security held. The actual securities on which the trust re- (o) Continuing education. The chief financial ceipts are issued may be held by any bank officer shall complete eight (8) hours of continuing depository chartered by the federal gov- education annually in subjects or courses related ernment, the state, or any other state as to investment practices and products. defined in F.S. section 658.12, or by a (p) Reporting. The chief financial officer shall national associations organized and exist- prepare an annual investment report, which shall ing under the laws of the United States include securities in the portfolio by class and which is authorized to accept and execute type, book value, income earned, and market trusts and which is doing business in the value as of the report date. The report will be state. provided to the legislative and governing body of the village. The report shall be available to the (r) Sale of securities. When invested funds are public. needed in whole or in part for the purposes originally intended or for more optimal invest- (q) Securities; disposition. menu, the chief financial officer may sell such investments at the then-prevailing market price (1) Every security purchased on behalf of the and place the proceeds into the proper account or village must be properly earmarked and; fund. a. If registered with the issuer or its agents, must be immediately placed (s) Policy considerations. for safekeeping in a location that protects the village's interest in the (1) Exemptions. Any investment held prior to security; the adoption of this policy that does not meet the guidelines of this policy shall be b. If in book entry form, must be held exempted from the requirements of this for the credit of the governing body policy. At maturity or liquidation, such by a depository chartered by the monies shall be reinvested only as pro- federal government, the state, or any vided by this policy. other state or territory of the United States which has a branch or princi- (2) Amendments. This policy shall be re- pal place of business in the state as viewed on an annual basis. The village defined in F.S. section 658.12, or by a council must approve any changes, as national association organized and well as the individual(s) charged with existing under the laws of the United maintaining internal controls. Supp. No. 33 137 § 2-4 NORTH PALM BEACH CODE (t) Delegation of authority. The finance direc- Sec. 2-18. Same-Presiding officer. for is the chief financial officer of the village and (a) The mayor shall preside at all meetings, if is responsible for investment decisions and activ- present, and in his absence, the vice-mayor. In the ities. The village may retain a registered invest- absence of both the mayor and vice-mayor, the ment advisory firm to assist in the investment president pro tem shall preside. management process. No person may engage in an investment transaction except as provided (b) The presiding officer shall preserve order under the terms of this policy and the procedures and decorum. He shall appoint all committees established hereunder. unless the council shall otherwise direct. Authorized signatories are the chief financial (c) Terms of mayor. No person may serve more officer, the village manager and the village mayor. than one-year term as mayor of the village. A These individuals are also authorized to initiate person who served as mayor of the village for one wire transfers for the village. All investment (1) term shall not serve as mayor during the transactions require approval by two (2 of the following council year, but beginning one (1) year depository signatories. after termination of his one-year term as mayor of (Ord. No. 31-95, § 1, 10-26-96; Ord. No. 15-2001, the village, he may again serve as mayor for a 1, 2, 6-28-01) period not to exceed one (1) year. Editor's note-Ord. No. 31-95, adopted Oct. 26, 1996, has (Code 1970, § 2-9; Ord. No. 218-70, § 1; Ord. No. been codified herein at the discretion of the editor as § 2-4. $_82, § 1, 4_22_$2 Secs. 2-5-2-15. Reserved. Sec. 2-19. Adjournment of all meetings. All regular meetings, special meetings and ARTICLE II. COUNCIL* workshop meetings for the village council shall be adjourned on or before 11:00 p.m. on the date when the meeting convened. In the event there is DIVISION 1. GENERALLY pending business on the floor at 11:00 p.m. during one (1) of the meetings, the chair shall at that Sec. 2-16. Compensation. time entertain a motion that the meeting be reconvened at a time and date certain, but upon The compensation of all members elected to the failure of the council to agree upon such motion, village council other than the mayor is hereby the meeting shall be adjourned and the business fixed at the sum of seven hundred fifty dollars pending at the time of adjournment shall be the ($750.00) per month. The compensation of the first item on the agenda of the next meeting of the mayor is hereby fixed at the sum of nine hundred village council pertaining thereto. dollars ($900.00) per month. (Ord. No. 24-79, § 1, 11-8-79) (Code 1970, § 2-7; Ord. No. 20-78, § 3, 8-10-78; Ord. No. 2-88, § 1, 1-14-88; Ord. No. 16-97, § 1, Secs. 2-20-2-25. Reserved. 3-13-97; Ord. No. 29-99, § 1, 8-26-99; Ord. No. 2006-17, § 1, 9-14-06) Charter reference-Compensation, Art. III, § 4. DIVISION 2. RULES OF PROCEDURE' Sec. 2-17. Regular meetings-When held. Sec. 2-26. Order of business. The regular meetings of the village council The following order shall be observed in the shall be held on the second and fourth Thursdays transaction of business, but such order may be of each month. varied by unanimous consent of the councilmen (Code 1970, § 2-8) present: Charter reference-Meetings procedure, Art. III, § 9(a). (1) ROll Call; *Charterreference-Legislativeprovisionsgenerally,,Art. 'Charter reference-Authority to determine rules of III. procedure, Art. III, § 9(b). Supp. No. 33 138 ADMINISTRATION § 2-41 (2) Invocation; ARTICLE III. ADMINISTRATIVE CODE (3) Pledge of allegiance; DIVISION 1. GENERALLY (4) Awards and recognition; Sec. 2-39. Definition. (5) Approval of minutes; As used in this article, unless the context otherwise requires: (6) Council business matters: Chief administrator or administrator is the village manager. a. Statements from the public, peti- (Code 1970, § 2-31) tions and communications; Sec. 2-40. Departmental organization. b. Declaration of ex parte communica- tions; (a) The administrative service of the village shall be divided under the administrator into the c. Public hearings and quasi judicial following departments and heads thereof: matters; (1) Department of finance, director of fi- d. Consent agenda; nance. (2) Department of public safety, director of e. Other village business matters; public safety. £ Council and administration matters; (3) Department of public works, director of public works. 1. Mayor and council matters/ (4) Department of community development, reports; director of community development. 2. Village manager matters/re- (5) Department of recreation, director of rec- ports; reation. (6) Department of library, librarian. (7) Reports (special committees and advisory boards); (7) Department of country club, country club administrator. (8) Adjournment. (b) In addition, there shall be a department of (Code 1970, § 2-17; Ord. No. 6-74, § 1; Ord. No. records headed by the village clerk under the 22-96, § 1, 6-13-96; Ord. No. 14-98, § 1, 6-25-98; village council, which department shall be coordi- Ord. No. 03-2005, § 1, 2-10-05) nated into the administrative service and cooper- ate with the administrator so as to coordinate the entire administrative service of the village. Sec. 2-27. Parliamentary rules. (Code 1970, § 2-32; Ord. No. 1-75, § 4, 4-10-75; Ord. No. 44-97, § 1, 10-9-97; Ord. No. 30-2001, § 2, The presiding officer, when the council is in 10-11-01; Ord. No. 2006-24, § 2.A, 11-9-06) session, shall enforce parliamentary rules for its Cross references-Country club, Ch. 9; library, Ch. 16; parks, playgrounds and recreation, Ch. 20; police, Ch. 23; government so far as they are applicable to such streets, sidewalks and public places, Ch. 24. legislative body. (Code 1970, § 2-19) Sec. 2-41. Oaths of office. (a) Persons required to take oath of office. Each of the following officers and employees in the Secs. 2-28-2-38. Reserved. administrative service shall be required to take Supp. No. 33 138.1 § 2-41 NORTH PALM BEACH CODE an oath of office before entering upon the dis- lage of North Palm Beach; and that I will, to charge of his duties, which oath shall be sub- the best of my ability, faithfully perform the scribed by the person taking it and shall be filed duties of the office of Public Safety Officer and preserved in the office of the village clerk: during my continuance therein, so help me (1) Officers. The village manager and each God. department head. (2) Public safety officers. Every member of Subscribed and sworn to before me this the department of public safety (including day of 19 any private, special, temporary or substi- tute policemen which the village might find it necessary to appoint). Notary Public (b) Form of oath for the chief administrator (Code 1970, § 2-33) and officers. The following shall be the form of oath for the chief administrator and officers: Sec. 2-42. Bonds required of certain offic- State of Florida ) ers. County of Palm Beach ) ss. The following named village officials shall each, Village of North Palm Beach ) before entering upon the duties of their respective I, , do solemnly swear offices, give a good and sufficient surety company that I will support the Constitution of the bond to the village, duly approved by the village United States, the Constitution of the State of attorney, and conditioned upon the faithful per- Florida, and the Charter and Code of the Vil- formance and discharge of their respective duties, lage of North Palm Beach; that I will faithfully, and for the proper application and payment of all money or property coming into their hands by honestly and impartially discharge my duties virtue of their offices in the following amounts: as during my continu- ance therein; that I am not directly or indi- (1) Village manager, two hundred thousand rectly pecuniarily interested in any public ser- dollars ($200,000.00). vice corporation engaged in business in the (2) Finance director, two hundred thousand Village of North Palm Beach, or in or with any dollars ($200,000.00). person or corporation having contracts with said Village, so help me God. (3) Village clerk, ten thousand dollars ($10,000.00). (4) Village tax collector, two hundred thou- Subscribed and sworn to before me this sand dollars ($200,000.00). day of 19 (5) Country club manager or country club administrator, two hundred thousand dol- (c) Form of oath for members of department of lars ($200,000.00). public safety. The following shall be the form of oath for the members of the department of public (Code 1970, § 2-34; Ord. No. 23-96, § 1, 6-13-96; safety: Ord. No. 30-2001, § 3, 10-11-01) State of Florida ) Sec. 2-43. Policy and procedures. County of Palm Beach ) ss. (a) Officers. Each officer shall perform all du- Village of North Palm Beach ) ties required of his office by state law, the charter, I, , do solemnly swear the Code of the village, and such other duties not that I will support the Constitution of the in conflict therewith as may be required by the United States, the Constitution of the State of village manager. Florida and the Charter and Code of the Vil- Supp. No. 33 138.2 ADMINISTRATION § 2-83 DIVISION 5. DEPARTMENT OF PUBLIC (5) Traffic. Plan and conduct the control of SAFETY* traffic, the traffic educational program, the school patrols, the coordination of Sec. 2-75. Director's duties. traffic accident prosecution. The director of public safety shall direct the police and fire work of the village, be responsible (6) Radio. To operate and maintain radio for the enforcement and maintenance of law and equipment. order and shall: (1) Make assignments. Assign officers to their (c) Fire. The fire division shall be charged with duties. the prevention of fires and the protection of life (2) Designate instructor. Designate a compe- and property against fire and shall: tent officer of the department to act as instructor. Such officer shall conduct such schools as the director shall order. (1) Report losses. Report all fire losses to the (Code 1970, § 2-39) village manager. Sec. 2-76. Divisions. (2) Maintain equipment. Be responsible for (a) Generally. The department of public safety the maintenance and care of all property shall be divided into the following divisions: Po- and equipment used by the department. lice and fire. (b) Police. The police division shall have the (3) Fire fighting. Be responsible for the extin- following duties: guishment of fires, the saving of life and property from fire, and the performance of (1) Records. Provide and maintain: various miscellaneous public services of a. The central complaint desk and dis- an emergency nature. patching police records; b. Criminal and noncriminal identifica- (4) Fire prevention. Be responsible for the tion; inspection of potential fire hazards, the c. The identification of property; abatement of existing fire hazards and d. The custody of property; and the conducting of an educational fire pre- vention program. e. The operation of detention centers. (2) Patrol. Provide and maintain motor and (5) Emergency medical services. Provide emer- footpatrol units, and make routine inves- gency medical and trauma treatment and tigations. emergency transportation in and for the (3) Investigation. Conduct the investigation village. of crimes and prepare evidence for the (Code 1970, § 2-39; Ord. No. 21-2005, § 1, 9-22-05) prosecution of criminal cases. (4) Crime prevention. Make plans and proce- dures for the prevention and control of juvenile delinquency, handle cases in which Secs. 2-77-2-83. Reserved. women are involved, remove crime haz- ards and coordinate community agencies interested in crime prevention. *Cross references-Fire prevention and protection, Ch. 12; provisions on fire division, § 12-29 et seq.; police, Ch. 23. Supp. No. 33 141 § 2-84 NORTH PALM BEACH CODE DIVISION 6. DEPARTMENT OF PUBLIC DIVISION 7. DEPARTMENT OF LIBRARY- WORKS Sec. 2-93. Librarian. Sec. 2-84. Director's duties. The department of library shall be supervised The director of public works shall be responsi- by the village librarian, who shall operate and ble for all matters relating to construction, man- maintain the free public library. agement, maintenance and operation of the phys- (Code 1970, § 2-41) ical properties of the village. (Code 1970, § 2-40; Ord. No. 2006-23, § 2, 11-9-06) Secs. 2-94-2-101. Reserved. Cross reference-Director of public works to erect signs at public park and recreation facility entrances, § 20-1(6). DIVISION 8. DEPARTMENT OF COUNTRY Sec. 2-85. Divisions. CLUB# The department of public works shall be man- Secs. 2-102, 2-103. Reserved. aged under the director of public works using the fO110wing d1v1s10nS: Editor's note-Former 2-102 and 2-103 were deleted as being superseded by the provisions of Ord. No. 39-90, (1) Division of facility and fleet maintenance, adopted Nov. 19, 1990, which enacted provisions relative to which shall repair and maintain all vil- the country club administrative board, codified as Ch. 9, Art. lage owned buildings, irrigation systems, II. street and ballfield lights, electrical, me- chanical and plumbing systems, perform Secs. 2-104-2-109. Reserved. custodial services, and maintain and pro- videfor village use of all automotive equip- DIVISION 9. DEPARTMENT OF ment owned by the village. The division's RECREATION** duties responsibilities, as described herein, shall not include the North Palm Beach Country Club. Sec. 2-110. Director's duties. (2) Refuse disposal division, which shall col- The director of recreation shall plan, promote, lect, transport and dispose of all garbage, organize and supervise a comprehensive munici- vegetation, recycled materials and rub- pal recreation program, and administer the same bish. in the interest of the entire community, and shall: (3) Street maintenance division, which shall (1) Supervise recreation areas. Supervise the maintain street, Swale and village facility recreational use of playgrounds, play fields, vegetation (excluding parks) and provide recreation centers, ball diamonds and such for adequate stormwater drainage on all other recreation areas and facilities as streets sidewalks and bridges. may be made available to carry out the (Code 1970, § 2-40; Ord. No. 24-2001, 1, 2, village's recreation program. 8-9-01; Ord. No. 22-2005, § 1, 8-30-05; Ord. No, (2) Conduct community activity. Conduct and 2006-23, § 2, 11-9-06) supervise any form of recreational, cul- tural or social activity that will employ Secs. 2-86-2-92. Reserved. the leisure time of the citizens in a whole- some and constructive manner. *Editor's note-Ord. No. 2006-23, § 2, adopted Nov. 9, 2006, amended the Code by changing the title of Div. 6 from ~'CirOSS reference-Library, Ch. 16. "Department of Public Services" to "Department of Public $Charter reference-Club administration, Art. IV, § 6. Works". See the editor's note to Art. III, § 12 of the Charter. Cross reference-Country club administrative board, Cross references-Garbage, trash and refuse, § 14-16 et § 9-16 et seq. seq.; parks, playgrounds and recreation, Ch. 20; streets, **Cross reference-Parks, playgrounds and recreation, sidewalks and public places, Ch. 24. Ch. 20. Supp. No. 33 142 ADMINISTRATION § 2-115 (3) Village parks. Operate and maintain all redevelopment planning concepts, zoning village parks. overlays and other such development mat- (Code 1970, § 2-42; Ord. No. 22-2005, § 2, 8-30-05) ters. (Ord. No. 2006-23, § 3, 11-9-06) DIVISION 10. DEPARTMENT OF COMMUNITY DEVELOPMENT* Secs. 2-113, 2-114. Reserved. Sec. 2-111. Director's duties. ARTICLE IV. MANAGERfi The director of community development shall Sec. 2-115. Residency. be responsible for all matters relating to planning and zoning, building permitting and inspection, At the time of his appointment the village and code compliance. manager need not be a resident of the village or (Ord. No. 2006-23, § 3, 11-9-06) Sec. 2-112. Divisions. The department of community development shall be divided into the following divisions: (1) Division of permits and inspections, which shall: (1) working in coordination with the village engineer, issue all permits for, and inspect the work involved in, the construc- tion of sidewalks, curb cuts, street cuts; (2) inspect all work performed under the provisions of the electrical, plumbing and building codes of the village; and (3) in- spect all premises, including structures and appurtenances thereon, for safety fea- tures. (2) Code compliance division, which shall in- spect, encourage, enforce, monitor and report on compliance with the village's code of ordinances on all properties throughout the village. (3) Planning division, which shall assist the director in modifying and updating the village's land development regulations and zoning code; review development plans for zoning compliance and development issues; interpret state codes; review and provide the director with guidance on village compliance with the comprehen- sive plan; and assist village administra- tion with annexation and development or *Editor's note-See the editor's note to Art. III, § 12 of the 'Charter reference-Provisions relative to village man- Charter. ager, Article IV, 1 5. Supp. No. 33 142.1 ADMINISTRATION § 2-171 Sec. 2-170.9. Village contributions. While the plans will not provide for retroactive So long as this system is in effect, the village funding, the vesting period shall run from each shall make a yearly contribution to the plan equal employee s original date of hire. to the cost for the year by the most recent actu- (Ord. No. 2006-26, § 3, 12-14-06) arial valuation. (Ord. No. 16-91, § 10, 4-11-91) Sec. 2-170.14. Administrative services agree- ment and adoption agree- Sec. 2-170.10. Trustee and contact person. menu. The village finance director will act as trustee The village council hereby approves the admin- and contact person and will be responsible for istrative services agreement and adoption agree- contactingthe agent or agency administrating the menu with ICMA and authorizes the mayor and plan regarding changes and modifications to the village clerk to execute such agreements on behalf plan. of the village. The village clerk shall transmit a (Ord. No. 16-91, § 11, 4-11-91) copy of the ordinance from which this division derives to the State of Florida Division of Retire- Sec. 2-170.11. Point system. ment. (Ord. No. 2006-26, § 4, 12-14-06) A minimum of fifty (50) points is needed to earn a year of credited service. The point system that can be earned by volunteer firefighters is set forth Sec. 2-170.15. Effective date. in Exhibit A attached to Ordinance No. 16-91 and This division shall be retroactive to October 1, made a part of this division. (Ord. No. 16-91, § 12, 4-11-91) 2006 and shall take effect upon adoption. How- Editor's note-Exhibit A, attached to Ord. No. 16-91 from ever, the provisions of this division shall not be which this division derives, is not printed herein, but is on file implemented as to bargaining unit employees and available for reference in the offices of the village. until the village and the union representing the bargaining unit agree to an amendment of the DIVISION 6. ICMA DEFINED collective bargaining agreement incorporating the CONTRIBUTION PENSION PLAN additional benefits set forth in this division and that agreement is ratified or the union waives bargaining and consents to its implementation. Sec. 2-170.12. Creation. (Ord. No. 2006-26, § 6, 12-14-06) The village council hereby approves the cre- ation of an ICMA defined contribution pension ARTICLE VI. CODE ENFORCEMENT plan for each of the following village employee BOARD groups: (1) Department directors; Sec. 2-171. Declaration of legislative intent. (2) General employees; and It is the intent of this article to promote, (3) FPE employees. protect and improve the health, safety and wel- (Ord. No. 2006-26, § 2, 12-14-06) fare of the citizens of the village and to provide an equitable, expeditious, effective and inexpensive Sec. 2-170.13. Vesting period. method of enforcing the hereinafter described codes and ordinances of the village where a pend- The vesting period for each defined contribu- ing or repeated violation continues to exist. tion plan shall be five (5) years, with a vesting of (Ord. No. 19-79, § 1, 9-17-79; Ord. No. 9-80, § 2, zero (0) percent in the first year and a vesting of 4-24-80; Ord. No. 16-82, Art. 1, 9-9-82; Ord. No. twenty-five (25) percent for each year thereafter. 2-86, § 1, 3-27-86) Supp. No. 33 163 § 2-172 NORTH PALM BEACH CODE Sec. 2-172. Definitions. Chapter 14, Village of North Palm Beach The following words, terms and phrases, when Code, containing the health and sanitation used in this article, shall have the meanings code. ascribed to them in this section, except where the Chapter 15, Village of North Palm Beach context clearly indicates a different meaning: Code, containing the housing code. Attorney. Attorney for the village who will Chapter 17, Village of North Palm Beach advise the code enforcement board of legal rules Code, containing the business tax code. or give other legal assistance as required. Section 18-35 only of Chapter 18 Code inspector. Those authorized agents or Chapter 19, Village of North Palm Beach employees of the village whose duty it is to insure Code, containing the noise control code. code compliance with the codes referred to above, Chapter 24, Village of North Palm Beach including, but not limited to, the village manager, building official, director of public safety, and Code, containing the streets, sidewalks and driveways code. finance director. Enforcement board. The Village of North Palm Chapter 25, Village of North Palm Beach Code, containing the swimming pool code. Beach Code Enforcement Board. Chapter 27, Village of North Palm Beach Repeat violation means a violation of a provi- Code, containing the trees and shrubbery code, Sion of a code or ordinance by a person who has including landscaping of yards and parking been previously found through a code enforce- lots. ment board or any other quasi judicial or judicial process, to have violated or who has admitted Chapter 28, Village of North Palm Beach violating the same provision within five (5) years Code, containing the franchise ordinance for prior to the violation, notwithstanding the viola- the use of the village rights-of--way for utilities. tions occur at different locations. Chapter 36, Village of North Palm Beach (Ord. No. 19-79, § 3, 9-27-79; Ord. No. 9-80, § 4, Code, containing the subdivision code. 4-24-80; Ord. No. 16-82, Art. II, 9-9-82; Ord. No. 8-90, § 1, 4-12-90; Ord. No. 04-2000, § 1, 2-10-00) Chapter 45, Village of North Palm Beach Code, containing the zoning code. Sec. 2-173. Applicability. (Ord. No. 19-79, § 2, 9-27-79; Ord. No. 25-79, § 1, 12-13-79; Ord. No. 9-80, § 3, 4-24-80; Ord. No. The code enforcement board shall enforce and 15-86, § 2, 10-9-86; Ord. No. 23-2002, § 1, 7-11-02; have jurisdiction of the following codes: Ord. No. 2006-28, § 2, 12-14-06) Chapter 4, Village of North Palm Beach Code, containing the animals and fowl code. Sec. 2-174. Organization of board. Chapter 5, Village of North Palm Beach (a) Qualifications and terms. The village coun- Code, containing the docks and waterways cil shall appoint aseven-member code enforce- code. ment board and legal counsel for the board. The members shall have the following qualifications Chapter 6, Village of North Palm Beach and terms of office: Code, including the building code, the gas code, the mechanical code, the plumbing code, the (1) Members of the enforcement board shall appearance code and Appendix A, appearance be residents of the village. Appointments plan, and the sign code. shall be made by the village council on the basis of experience of interest in the fields Chapter 7, Village of North Palm Beach of zoning and building control. The mem- Code, containing the bulkhead lines code. bership of the enforcement board shall, Chapter 12, Village of North Palm Beach whenever possible, include: Code, including the fire prevention code. a. An architect; Supp. No. 33 164 ADMINISTRATION § 2-175 b. A businessman; Sec. 2-175. Enforcement procedure. c. An engineer; (a) It shall be the duty of the code inspector to initiate enforcement proceedings of the various d. A general contractor; codes. No member of a board shall have the power e. A subcontractor; to initiate such enforcement proceedings. (b) If a violation of the codes is found, the code £ A realtor; inspector shall notify the violator, unless para- g. No particular profession. graph (c) of this section applies, and give the violator a reasonable time to correct the violation. (2) In order that the terms of office of all Should the violation continue beyond the time members will not expire at the same time, the initial appointments to the enforce- ment board shall be as follows: a. Two (2) members shall be appointed for a term of one (1) year; b. Three (3) members shall be ap- pointed for a term of two (2) years; c. Two (2) members shall be appointed for a term of three (3) years. Thereafter, all appointments shall be made for a term of three (3) years. Appointments to fill any vacancy on the enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two (2) of three (3) succes- sive meetings without cause and without prior approval of the chairman, the board shall declare the member's office vacant and the village council shall promptly fill such vacancy. The members shall serve at the pleasure of the village council. (b) Officers; quorum; compensation. The mem- bers of the enforcement board shall elect a chair- man from among its members who shall be a voting member. The presence of four (4) or more members, shall constitute a quorum of the enforce- ment board. Members shall serve without com- pensation, but may be reimbursed for such travel expenses, mileage expenses, and per diem ex- penses as may be authorized by the village coun- cil. (c) Attorney. The village attorney shall be coun- sel to the code enforcement board. (Ord. No. 19-79, § 4, 9-27-79; Ord. No. 9-80, § 5, 4-24-80; Ord. No. 16-82, Art. III, 9-9-82; Ord. No. 8-90, § 3, 4-12-90; Ord. No. 17-91, § 1, 4-25-91) Supp. No. 33 164.1 ALCOHOLIC BEVERAGES § 3-4 Sec. 3-1. State law definitions adopted. and/or service of alcoholic beverages, which in- As used in this chapter, the terms defined in clude but are not limited to any bottle club, hotel, F.S. sections 561.01, 563.01, 564.01 and 565.01, motel, restaurant, night club, country club, caba- shall have the same meanings as indicated in ret, and meeting facility located in the Village of such sections. North Palm Beach, in which alcoholic beverages, beer or wine are, or are available to be sold, Sec. 3-2. Sales restricted; hours of sale. dispensed, served, consumed, possessed or offered for sale for consumption on the premises. It shall be unlawful for any person to sell or serve for consumption on premises or to consume, Nudity means the showing or exposing to pub- or to permit the sale or service for consumption on lic view the human male or female genitals, pubic premises of any intoxicating liquors or beverages area, vulva, buttocks, anus, anal cleft or cleavage, in any place holding a license from the state, or in or any portion of the foregoing specified anatom- any public place within the village, and it shall be ical areas, or any simulation thereof; the showing unlawful for any person to buy, sell or deliver, or or exposing to public view any portion of the to permit the purchase, sale or delivery of any human female breasts any portion thereof encom- intoxicating liquors or beverages except beer, ale passed within an area falling below the horizontal and wine in sealed containers for consumption off line one would have to draw to intersect a point the premises: above the top of the areola, or any portion of the areola, or any simulation thereof. This definition (1) Between the hours of 2:00 a. m. and 7:00 shall include the entire lower portion of the hu- a.m. of any day including Sunday except man female breast, but shall not include any January 1 of any year; or portion of the cleavage of the human female (2) Between the hours of 5:00 a. m. and 7:00 breast exhibited by a dress, blouse, shirt, leotard, a. m. on January 1, of each and every year. bathing suit, or other wearing apparel, provided (Code 1970, § 3-34; Ord. No. 226-71, § 1, 2-25-71; the areola is not so exposed. Ord. No. 8-80, § 1, 4-24-80; Ord. No. 4-96, § 1, 1-25-96) Partial nudity means the showing or exposing to public view of the human male or female Sec. 3-3. Consumption on playgrounds and genitals, pubic area, buttocks, or any portion public parks. thereof, with less than a full opaque covering; the showing or exposing to public view of the female No person shall drink any spirituous, vinous, breast or any portion thereof, with less than a full malt or other intoxicating beverages in or upon opaque covering; or the showing or exposing to any of the following public parks, playgrounds or public view, or depiction of, covered male genitals school grounds within the village: Anchorage Park, in a discernibly turgid state. Osborne Park, North Palm Beach public school playground, Yacht Club recreation area on Lake Prohibited sexual conduct means the engaging Worth. in any sexual intercourse, masturbation, sodomy, (Code 1970, § 24-2) bestiality, oral copulation, flagellation, any sexual act which is prohibited by law, any touching, Sec. 3-4. Prohibition of nudity, partial nu- caressing or fondling of the breasts, buttocks or dity, sexual conduct at alcoholic any portion thereof, or anus or genitals, or the beverage establishments. simulation thereof. (a) Definitions. (b) Nudity, partial nudity and sexual conduct. Alcoholic beverage establishment means any (1) It shall be unlawful for any person main- business or commercial establishment whether taining, owning, managing or operating open to the public at large or entrance is limited an alcoholic beverage establishment to by cover charge or membership requirements, knowingly or with reason to know, suffer including those licensed by the state for sale or permit nudity or partial nudity or acts Supp. No. 33 213 § 3-4 NORTH PALM BEACH CODE of sexual conduct to occur on the premises copulation, flagellation, any sexual act of such alcoholic beverage establishment. which is prohibited by law, any touching, (2) It shall be unlawful for any person, while caressing or fondling of the breasts, but- on the premises of an alcoholic beverage tocks or any portion thereof, or anus or establishment to show or expose to public genitals, or the simulation thereof, within view any portion of his or her anatomy, such alcoholic beverage establishment. defined herein as nudity or partial nudity (c) Enforcement and penalties. or engage in acts of sexual conduct. (1) If the owner, operator, licensee, lessor, (3) No person shall show or expose to public lessee, manager, employee, or any other view his or her genitals, pubic area, vulva, person participating in the operation of buttocks, anus, anal cleft or cleavage, or an alcoholic beverage establishment shall any portion of the foregoing specified an- be convicted of any of the offenses desig- atomical areas, or any simulation thereof nated in this article then the village man- in any alcoholic beverage establishment. ager shall, unless good cause to the con- trary be shown, revoke the business tax (4) No female person shall show or expose to receipt for said establishment after giving public view any portion of her breasts, as a reasonable notice thereof to the holder defined in this article, encompassed within of said receipt and affording the holder an an area falling below the horizontal line opportunity to be heard as to why the one would have to draw to intersect a revocation should not be issued. point immediately above the top of the areola, or any portion of the areola, or any (2) In addition to the revocation of business simulation thereof, in any alcoholic bev- tax receipt, any person violating this sec- erage establishment. tion shall be guilty of a misdemeanor and punishable under section 1-8 of this Code (5) No person maintaining, owning, or oper- to a fine not exceeding five hundred dol- ating an alcoholic beverage establishment lars ($500.00) or imprisonment for a term shall suffer or permit any person to ex- not exceeding six (6) months, or by both pose to public view his or her buttocks, such fine and imprisonment. anus, anal cleft or cleavage, or any por- tion of the foregoing specified anatomical (3) In addition to the foregoing enforcement areas, or simulation thereof, within such procedures, establishments dealing in al- alcoholic beverage establishment. coholic beverages not in conformity with these requirements, shall be subject to (6) No person maintaining, owning or operat- the appropriate civil action in the court of ing an alcoholic beverage establishment appropriate jurisdiction. The village may shall suffer or permit any female person sue any person or entity found to be in to expose to public view any portion of her violation of this section to enjoin either breasts, as defined in this article, encom- temporarily or permanently, or both, any passed within an area falling below the of the activities prohibited by this section. horizontal line one would have to draw to (Ord. No. 06-2000, § 1, 2-24-00; Ord. No. 2006-28, intersect a point immediately above the § 3, 12-14-06) top of the areola, or any portion of the areola, or any simulation thereof, within such alcoholic beverage establishment. (7) No person shall engage in, and no person maintaining, owning or operating an al- coholic beverage establishment shall suf- fer or permit, any sexual intercourse, mas- turbation, sodomy, bestiality, oral [The next page is 263] Supp. No. 33 214 BOATS, DOCKS AND WATERWAYS § 5-18 boats must be equipped with a marine extend more than thirty (30) percent of the lagoon sanitation device acceptable under the width from the face of the bulkhead nor extend current regulations of the U.S. Environ- beyond the side property lines extended. mental Protection Agency, the U.S. Coast (Ord. No. 2006-01, § 1, 1-26-06) Guard and the state department of envi- ronmental regulation. Sec. 5-17. Authority of city to board boats (2) Marinas where persons may live aboard violating chapter. overnight shall be equipped with potable Any member of the department of public safety water and sanitary sewage facilities, in- shall have authority to board any boat in violation cluding showers, rest rooms and bath- of this chapter, or which becomes a menace to houses located within the marina area navigation, and move or cause it to be moved to available for use by all persons who live another location and he shall have the right to aboard boats overnight. In addition, all hold such boat for the payment of costs incurred such marinas shall provide adequate elec- in its removal or storage. trical and potable water service, dockside, (Code 1970, § 11-54; Ord. No. 212-70, § 14; Ord. to each boat. Sewage service may be pro- No. 2006-01, § 3, 1-26-06) vided to each boat where persons are permitted to live aboard overnight, but in Sec. 5-18. Limitation on anchoring and moor- no event may holding tanks or sewage ing in prohibited area; mooring facilities aboard any boat be flushed within permit required. the marina area so as to cause any pollu- tion, damage or debris to any waters. It is declared to be unlawful for any person to (3) A dockmaster or person shall be in charge anchor or moor in a stationary position or cause any vessel to be in any portion of the prohibited of each marina and shall maintain a log area for a period of time of more than ninety-six which shall include a current list of per- (g6) hours in any consecutive thirty-day period. sons registered to live aboard boats in The occupants of such vessel upon notice by the that marina, the register number of all department of public safety or other authorized boats docked in the marina, and a descrip- person of the village shall obtain a mooring per- tion of the marine sanitation devices in- mit from the department of public safety within stalled in each boat, available at all time eighteen (18) hours after notification and register for use and inspection by the village com- the occupants and vessel on forms provided by the munity development department. This re- department of public safety. A mooring permit fee quirement is to aid in the protection of life shall be required as established by the village and property at marinas and to deter council. unauthorized persons from being in the marina areas. The prohibitions provided herein shall not ap- (4) The administrative, enforcement and ap- ply to the following vessels: peal procedures of the village housing (1) Vessels moored or anchored for the pur- code shall apply to this section. pose of making emergency repairs. (Ord. No. 14-76, § 2, 7-8-76; Ord. No. 2006-24, § 2.B, 11-9-06) (2) Vessels owned and operated by the fed- Cross reference-Housing code adopted by reference, eral or state government. § i5-i' (3) Vessels in the Intracoastal Waterway. Sec. 5-16. Mooring limitations in lagoons (4) Vessels permitted to engage in construc- (private docks). tion or dredging activity until such time that said construction or dredging activity Excluding lagoon end situations, for properties is completed, not to exceed statutory lim- fronting lagoons, no vessel that is moored shall itations. Supp. No. 33 323 § 5-18 NORTH PALM BEACH CODE (5) Vessels seeking shelter or safe harbor owner, and in the event the vessel is not returned during hurricanes or periods of hurricane to the owner within a period of three (3) days after watch or warning, as issued by the Na- same has been taken into custody and im- tional Weather Service. pounded, the department of public safety shall (Ord. No. 12-98, § 2, 4-23-98; Ord. No. 2006-01, immediately send or cause to be sent a written 2, 3, 1-26-06) notice of such impoundment by mail to the divi- sion of marine resources of the department of Sec. 5-19. Unlawfully anchored or moored natural resources, and shall file a copy of such vessels-Department of public notice with the person who has been authorized to safety to impound. have custody of the impounded vessel for the purpose of storage. Such notice shall include a The department of public safety of the village is complete description of the vessel, the date, time authorized and directed to take into custody and and place from which it was removed, the reason impound any vessel unlawfully anchored or moored for such removal, and the name of the storage in the prohibited area and any such vessel taken facility or place where the vessel is stored. into custody and impounded under the authority (Ord. No. 12-98, § 5, 4-23-98; Ord. No. 2006-01, of the department of public safety shall not be § 3, 1-26-06) released therefrom until the charges for towing such vessel and storage charges have been paid. Sec. 5-22. Same-Unclaimed vessel to be The charge for towing or removal of any such sold; certification of sale. vessel and storage charges shall be the customary charges prevailing in the village for such services. (a) If the owner fails to claim the vessel within (Ord. No. 12-98, § 3, 4-23-98; Ord. No. 2006-01, twenty-one (21) days after the department of § 3, 1-26-06) public safety has sent its notice to the division of marine resources, such vessel shall be sold to the Sec. 5-20. Same-Owner to be notified upon highest bidder at public auction by the depart- impoundment. ment of public safety at some place within the village; but, prior to the sale, a notice shall be Whenever any vessel is taken into custody and published once a week for two (2) consecutive impounded by the authority of the department of weeks in a local newspaper published in the public safety as authorized herein, and the name county and circulated in the village. Publication and address of the owner of such vessel can be shall be at least ten (10) days prior to the date of ascertained by the department of public safety, it sale. Such notice shall give the time and place of shall within forty-eight (48) hours give in writing sale and describe the vessel to be sold. A copy of or cause to be given notice in writing to such such notice shall be mailed to the owner if his owner of the fact of such removal and the reason name and address be known at least ten (10) days therefor and the place to which such vessel has before the date of such sale. The village shall not been removed. guarantee title to such vessel or to deliver a title (Ord. No. 12-98, § 4, 4-23-98; Ord. No. 2006-01, of ownership; but shall furnish the purchaser a § 3, 1-26-06) certificate in substantially the following form: Certificate Number: Sec. 5-21. Same-Procedure in event owner cannot be found. CERTIFICATE OF SALE Whenever the department of public safety au- VILLAGE OF NORTH PALM BEACH, thorizes the removal of such vessel from the DEPARTMENT OF PUBLIC SAFETY, FLORIDA prohibited area as authorized herein and the department of public safety does not know and is THIS IS TO CERTIFY that the following de- not reasonably able to ascertain the name and scribed vessel was impounded and placed in address of the owner of such vessel or for any the custody of the Department of Public Safety, other reason is unable to give the notice to the where it was held for twenty-five (25) days, Supp. No. 33 324 BUILDINGS AND BUILDING REGULATIONS § 6-19 ARTICLE I. IN GENERAL and the following ordinances: Sec. 6-1. Construction on public land pro- Ord. No. Date Section hibited. 7-72 2 16-72 1 It shall be unlawful for any person to erect or 10-75 7-10-75 1, 2 maintain, or to permit the erection or mainte- 9-78 5-25-78 1, 2 3-80 2-14-80 1 nance of any structure of any kind, including a 25-80 10- 9-80 1, 2 wall upon, across, over or under any portion of 17-82 9-23-82 1 any publicly dedicated utility or drainage ease- 12-83 8-25-83 1, 2 ment area in the village. 1s-8s 11-13-8s 1, 2 (Code 1970, § 6-1) Sec. 6-17. Codes adopted. Sec. 6-2. Reserved. The 2004 edition of the Florida Building Code, Editor's note-Ord. No. 05-2002, § 3, adopted Feb. 28, including amendments to the administrative pro- 2002, repealed § 6-2, in its entirety. Former § 6-2 pertained to visions of the Florida Building Code adopted by accessibility to buildings by handicapped persons; state law ordinance of the village council are hereby adopted adopted which was incorporated by reference and derived from the Code 1970. and incorporated herein as the minimum construc- tion standards for the Village of North Palm Sec. 6-3. Reserved. Beach, Florida. Department of community devel- opment shall be substituted for building depart- Editor's note-Ord. No. 05-2002, § 4, adopted Feb. 28, ment in the adopted code. 2002, repealed § 6-3, in its entirety. Former § 6-3 pertained to fire district and derived from the Code 1970, § 16-23; and Ord. (OTd. No. 4-90, § 2, 3-8-90; Ord. No. 14-92, § 2, No. 12-72, § 1. 9-10-92; Ord. No. 15-96, § 2, 4-25-96; Ord. No. 7-99, § 1, 1-28-99; Ord. No. 05-2002, § 2, 2-28-02; Sec. 6-4. Reserved. Ord. No. 13-2002, § 1, 5-9-02; Ord. No. 25-2003, § 1, 9-25-03; Ord. No. 2006-24, § 2.C.1, 11-9-06; Editor's note-Pursuant to advice of the city, and at the Ord. No. 2007-03, § 2, 2-8-07) editor's discretion, Ord. No. 2-83, adopted Feb. 10, 1983, Editor's note-The various codes adopted above in § 6-17, codified as Ch. 12.5 of this Code, has been treated as super- and amendments thereto, are not set out at length in this seding former § 6-4 relative to duties of the building official Code but are on file and available for inspection in the offices concerning flood management building requirements. Such of the city. section derived from Ord. No. 7-77, § 1, adopted Apri128, 1977 Note-See the editor's note following § 6-16. and Ord. No. 19-78, § 1, adopted July 27, 1978. Cross references-Florida Fire prevention code adopted, § 12-16; housing code adopted, § 15-1. Secs. 6-5-6-15. Reserved. Sec. 6-18. Reserved. ARTICLE II. MINIMUM CONSTRUCTION Editor's note-Former § 6-18, relative to amendments STANDARDS and addition to the Standard Building Code, has been deleted pursuant to the adoption of Ord. No. 15-96, enacted April 25, 1996, which adopted the 1994 editions of the various codes as SeC. 6-16. Authority. detailed in § 6-17. The provisions of former § 6-18 derived from Ord. No. 20-93, § 1, adopted Sept. 9, 1993; and Ord. No. 21-93, This article is promulgated in accordance with § 1, adopted Sept. 9, 1993. F.S. chapter 553. (Ord. No. 4-90, § 1, 3-8-90; Ord. No. 05-2002, § 1, Sec. 6-19. Violations; penalty. 2-28-02) Editor's note-The provisions of 6-16 and 6-17 were Any person, firm or corporation who shall vio- deleted as being superseded by the provisions of 1, 2 of Ord. late a provision of this article, or fail to comply No. 4-90, adopted Mar. 8, 1990, included herein as new 6-16 and 6-17. The deleted provisions pertained to the adoption of therewith, or with any of the requirements thereof, the standard Building Code, 1985 edition and the county shall be guilty of a misdemeanor. Each such amendments, and derived from Code 1970, 6-11 and 6-12, person shall be deemed guilty of a separate of- Supp. No. 33 383 § 6-19 NORTH PALM BEACH CODE fense for each and every day or portion thereof Sec. 6-32. Intent and purposes. during which any violation of any of the provi- This appearance code is adopted for the follow- sions of this article is committed or continued ing purposes: and, upon conviction of any such violation, such person shall be punished by a fine of not less than (1) To promote the public health, safety, mor- fifty dollars ($50.00) nor more than five hundred als, comfort and general welfare of the dollars ($500.00), or by imprisonment not exceed- citizens of the village. ing six (6) months, or by both such fine and (2) To enhance the values of property through- imprisonment. out the village. (Ord. No. 25-80, § 3, 10-9-80; Ord. No. 12-83, § 3, 8-25-83) (3) To protect and to stabilize the general Editor's note-Ordinance No. 25-80, § 3, adopted Oct. 9, appearance of buildings, structures, land- 1980, was nonamendatory of the Code; hence, its inclusion as scaping and open areas, in the multiple § s-19 was at the editor's discretion. dwelling, commercial and public zoning Sec. 6-20. Reserved. districts of the village. Editor's note-Section 3 of Ord. No. 14-92, adopted Sept. (4) To insure adequate light, air and privacy 10, 1992, repealed former § 6-20, relative to amendments to for property in the multiple dwelling, Com- the Standard Plumbing Code, which derived from Ord. No. mercial and public zoning districts of the 20-91, § 1, adopted May 23, 1991. village. Secs. 6-21-6-29. Reserved. (5) To encourage and promote acceptability, attractiveness, cohesiveness and compat- ibility of new buildings, developments, ARTICLE III. APPEARANCE CODE* remodeling and additions so as to main- tain and improve the established stan- DIVISION 1. GENERALLY dards of property values within the mul- tiple-dwelling, commercial and public Sec. 6-30. Short title. zoning districts of the village. This article, including any regulation hereafter (Code 1970, § 6-22) adopted, shall hereafter be known, cited and referred to as the "Appearance Code." Sec. 6-33. Appearance plan. (Code 1970, § 6-21) The village hereby adopts by reference thereto the appearance plan attached as exhibit A to Sec. 6-31. Definition. Ordinance No. 3-72 of the village. The appearance The term "external architectural feature" is plan is set forth at length in Appendix A of this defined to mean the architectural style and gen- Code. eral arrangement of such portion of a building or (Code 1970, § 6-40; Ord. No. 3-72, § 1) structure as is designed to be open to view from a public street, place or way, or from adjoining Sec. 6-34. Reserved. premises. Editor's note-Ordinance No. 4-79, § 1, adopted March 8, (Code 1970, § 6-39; Ord. No. 4-71, § 1; Ord. No. 1979, amended Ord. No. 6-77, § 5, enacted April 28, 1977, to 2-72, § 1) repeal 6-29 6-32 of the 1970 Code, of which 6-30, 6-32 Cross reference-Rules of construction and defmitions were codified as § 6-34 of this Code. Former § 6-34 pertained generally, § 1-2. to amendments of the appearance plan. *Editor'snnte-Ordinance No. 6-77, § 5, enactedApri128, SeC. 6-35. Appeals and review. 1977, adopted 6-30 6-36, 6-56 6-60, concerning the ap- pearance code, as part of the comprehensive plan for the The applicant or any interested party may file village. Ord. No. 4-79, adopted March 8, 1979, removed the an appeal to the village council on any ruling by appearance code from the comprehensive plan. Cross references-Planning and development, Ch. 21; appearance plan, App. A. Supp. No. 33 384 BUILDINGS AND BUILDING REGULATIONS § 6-113 that are a hazard or a nuisance to occu- utes on a commercially zoned prop- pants of any property because of glare or erty and on which the business being other characteristics. advertised is located and: (17) Signs that contain any lighting or control 1. Is parked within the front two- mechanism that causes interference with thirds of the area between the radio, television or other communication front building line and the front signals. lot line; or (18) Searchlights used to advertise or promote 2. In the case of corner lots, is a business or to attract customers to a parked within the front two- property. thirds of the area between the side building line and the side (19) Signs that are painted, pasted, or printed lot line; or on any curbstone, flagstone, pavement, or any portion of any sidewalk or street, 3. Is parked within thirty (30) feet except house numbers and traffic control of any street right-of--way. signs. (24) Signs displaying copy that is harmful to (20) Signs placed upon benches, bus shelters minors as defined by this code. or waste receptacles. (25) Portable signs as defined by this code. (21) Signs erected on public property, or on (26) Marquee sign as defined by this code. private property (such as private utility poles) located on public property, other (27) Roof sign as defined by this code. than signs erected by public authority for (28) Changeable copy sign as defined by this public purposes. code. (22) Signs erected over or across any public Exceptions: street except as may otherwise be ex- a. Sign for public, charitable, and reli- pressly authorized by this Code, and ex- gious institutions. cept governmental signs erected by or on the order of the village manager. b. Motor vehicle service station signs; (23) a. Vehicle signs with a total sign area provided, however, that said signs are: on any vehicle in excess of ten (10) 1. Limited to a maximum oftwenty square feet, when the vehicle is parked on the same property as the (20) percent of the total sign business being advertised and: area for said vehicle service sta- 1. Is parked for more than sixty tion. (60) consecutive minutes within 2. Changeable copy is limited to one hundred (100) feet of any price of fuel and the words "cash" street right-of--way; and and "credit." 2. Is visible from the street right- 3. The maximum height of change- of-way that the vehicle is within able numbers shall be twelve one hundred (100) feet of; and (12) inches. 3. Is parked on commercially zoned c. Signs in P-Public District. property; (29) Painted wall sign as defined by this code. b. Vehicle signs visible from any street right-of--way with a total sign area (30) Neon tube sign located inside or outside a less than or equal to ten (10) square building and as defined by this code. feet, when the vehicle is parked for (31) Off site/premise sign as defined in this more than sixty (60) consecutive min- code. Supp. No. 33 398.11 § 6-113 NORTH PALM BEACH CODE (32) Signs placed on boats or watercraft that struction is discontinued for a period are located on public or private property of more than sixty (60) days, the other than boat or watercraft name, man- message shall be removed, pending ufacturers name or required license num- initiation or continuation of construc- bers. tion activities. (33) Time-Temperature-Date Signs. c. To announce or advertise such tem- (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 2, porary uses as grand openings, car- 8-18-94; Ord. No. 37-97, § 1, 8-28-97; Ord. No. nivals, revivals, sporting events, or 12-2000, § 1, 4-27-00) any public charitable, educational or religious event or function. Such mes- Sec. 6-114. Permitted temporary signs. sage shall not be displayed more (A) Where allowed. Temporary signs are al- than thirty (30) days prior to the event or function and shall be re- lowed throughout the village, subject to the re- moved within two (2) working days strictions imposed by this section and other rele- after the special event. Approval of want parts of this Code. Temporary signs do not the size and locations of the signs by require a building permit. the department of community devel- (B) Sign types allowed. A temporary sign may opment is required. be a pole, ground or building wall sign, but may d. Political sign. Nothing shall be con- not be an electric sign. strued to regulate the content or (C) Removal of illegal temporary signs. Any internal design of a political sign. temporary sign not complying with the require- Signs advertising political events and menu of this section is illegal and subject to functions shall not be displayed more immediate removal by the village forces. than thirty (30) days prior to the event or function and shall be re- (D) Restrictions on content of temporary signs. moved not more than seven (7) cal- A temporary sign may display any message so endar days following the event or long as it is not: function advertised by the sign. Cam- (1) Harmful to minors as defined by this paign signs shall not be displayed Code. more than thirty (30) days prior to the candidate qualifying for office or (2) Advertising as defined by this Code, ex- issue being voted upon and shall be cept that advertising for the following removed within seven (7) days fol- purposes may be displayed: lowing the election a. To indicate that an owner, either (E) Permissible size, height and number of personally or through an agent, is temporary signs. actively attempting to sell, rent or lease the property on which the sign (1) One-family and two-family residences. A is located. parcel on which is located a single one- b. To identify construction in progress. family or two-family residence may dis- Such message shall not be displayed play not more than one temporary sign more than sixty (60) days prior to with a sign area of not more than five (5) the beginning of actual construction square feet. No sign shall exceed five (5) of the project, and shall be removed feet in height. Front setback shall be ten when construction is completed. If a (10) feet and side setback shall be three message is displayed pursuant to (3) feet. this section, but construction is not (2) Multi-family residences. Aparcel on which initiated within sixty (60) days after is located amulti-family residence may the message is displayed, or if con- display not more than one (1) temporary Supp. No. 33 398.12 BUILDINGS AND BUILDING REGULATIONS § 6-115 sign with a sign area of not more than located on the premises where the sign is thirty-two (32) square feet. No individual erected or a commercial message related sign shall exceed eight (8) feet in height. to the business and located on the busi- Front setback shall be ten (10) feet and ness premises. The noncommercial mes- side setback shall be three (3) feet. sage may occupy the entire sign face or (3) On all other parcels. All other parcels may portion thereof. The sign face may be display not more than one (1) temporary changed from commercial to noncommer- sign with an aggregate sign area of not cial messages as frequently as desired by more than sixteen (16) square feet. No the owner of the sign, provided that the sign shall exceed eight (8) feet in height. size and design criteria conform to the applicable portions of this code, the sign is (4) All areas. Three (3) temporary political allowed by this code, the sign conforms to signs, each not exceeding five (5) square the requirements of the applicable zoning feet in sign area and not more than five designation and the appropriate permits (5) feet in height, may be displayed on a are obtained. For the purposes of this sign parcel. code, noncommercial messages, by their (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 32-2000, very nature, shall never be deemed off- § 1, 10-12-00; Ord. No. 10-2002, § 1, 4-25-02; Ord. premises. No. 09-2003, § 1, 4-10-03; Ord. No. 2006-24, § 2.C.2, 11-9-06) (C) Permissible number, area, spacing and height of permanent accessory signs. Sec. 6-115. Permitted permanent accessory (1) Ground signs: signs. a. Multi-family buildings with more (A) Sign types allowed. Apermanent accessory than four (4) dwelling units. sign may be a ground or building wall sign. Number -One (1) maximum. (B) Content. A permanent accessory sign may Sign Area -Maximum thirty-two only display any combination of the following, none of which may be harmful to minors as (32) square feet. defined in this Code. Height -Eight (8) feet maximum. (1) Letters depicting the name of the building Set back, Minimum -Ten (10) feet or the name of the building occupant. front -three (3) feet side. (2) Letters depicting the nature of the busi- b. Commercial occupancy: ness and that are a maximum of fifty (50) Number -One sign per parcel right- percent of the height of the letters in of-way frontage maximum. paragraph (B)(1) of this section. Sign Sign Sign Face (3) A logo symbol for the building or the Setback Height Area building occupant which does not exceed Minimum Maximum Maximum fifty (50) percent of the allowable sign 5 s ft. 3o sq. ft. area. to ft. s ft. 36 sq. ft. (4) Street address number and/or name. 20 ft. to ft. 4o sq. ft. 30 ft. 10 ft. 45 sq. ft. (5) Noncommercial message. Notwithstand- ing anything contained in other sections (2) Building wall signs: of the Code of the village to the contrary, a. Subject to the design criteria of this any sign erected pursuant to the provi- article, the maximum mounting sions of this code may, at the option of the height of a building wall sign shall applicant, contain either a noncommer- be eighteen (18) feet, except that on cial message unrelated to the business a building of more than two (2) sto- Supp. No. 33 398.13 § 6-115 NORTH PALM BEACH CODE ries, a single building wall sign is of the facade area if the front build- allowed above eighteen (18) feet fat- ing setback is one hundred feet (100) ing each public street frontage. minimum. b. Each multiple occupancy complex Exception: An occupant that has may display one (1) permanent ac- building facade area facing multiple cessory building wall identification public street frontages may have one sign facing each public street front- (1) full size wall sign facing a public age on the principal building in which street frontage and one-half (/2) size the complex is located, not to exceed wall sign facing the other street front- ages. a sign area of twenty (20) square feet. (D) Directional signs. One (1) parking area directional sign may be erected at each point of c. Each occupant of a multiple occu- ingress and egress to a parking lot or parking panty complex that has a licensed area. Such signs shall not exceed two (2) square building frontage which has direct feet in background area nor exceed three (3) feet ground level walk-in access from a in height. Such signs shall not create a traffic or public or private roadway or side- pedestrian hazard. (See section 6-112(B)). walk may display one (1) permanent accessory building wall sign on any (E) Signs at entrances to residential develop- exterior portion of the complex that ments. is part of the occupant's unit (not (1) Generally. A permanent accessory sign including a common or jointly owned may be displayed at the entrance to resi- area), and that has a maximum sign dential developments. area of five (5) percent of the facade area if the front building setback is (2) Restrictions. twenty-five (25) feet minimum, seven a. One (1) sign is permitted at only one (7) percent of the facade area if the (1) entrance into the development front building setback is seventy (70) from each abutting street. The sign feet minimum and ten (10) percent may be a single sign with two (2) of the facade area if the front build- faces of equal size or may be two (2) ing setback is one hundred (100) feet single-faced structures of equal size minimum. Exception: An occupant located on each side of the entrance. that has building facade area facing No face of the sign shall exceed thirty- multiple public street frontages may two (32) square feet in size, and may have one (1) full size wall sign facing be illuminated in a steady light only. a public street frontage and aone- b. When considering the placement of half (1/2) size wall sign facing the such signs, the planning commission other street frontages. shall consider the location of public d. Each occupant of a single occupancy utilities, sidewalks and future street complex may display one (1) perma- widening. nent accessory wall sign on the prin- c. The planning commission shall en- cipal building in which the occu- sure that such signs shall be main- pancy is located, not to exceed a sign tained perpetually by the developer, area of five (5) percent of the facade the owner of the sign, a pertinent area if the front building setback is owners' association, or some other twenty-five (25) feet minimum, seven person who is legally accountable (7) percent of the facade area if the under a maintenance arrangement front building setback is seventy (70) approved by the village council. If no feet minimum and ten (10) percent accountable person accepts legal re- Supp. No. 33 398.14 BUILDINGS AND BUILDING REGULATIONS § 6-116 sponsibility to maintain the signs shall be eight (8) inches. All street num- and no other provision has been made bers shall be a sharply contrasting color for the maintenance of them, the with the building. signs shall be removed by the devel- oper or owner. (4) Maintenance. It shall be the duty of the owner of the building to maintain the (F) Flags. numbers on the building in good condi- tion. (1) Number. Not more than three (3) flags or insignias of governmental, religious, char- (I) Signs in P-Public Zoning District. itable, fraternal or other organizations (1) Type-On premise, wall and ground signs. maybe permanently displayed on any one parcel of land. (2) Number-Such number as shall be per- mitted by the village council, in its discre- (2) Size. The maximum distance from top to tion, to assist in the administration and bottom of any flag or flags shall be twenty operation of the village and its various (20) percent of the total height of the flag governmental, recreation and proprietary pole, or in the absence of a flag pole, operations. twenty (20) percent of the distance from the top of the flag or insignia to the (3) Size-Height-Location. Shall be no ground. The maximum height of a flag greater than the signs allowed in adjacent pole shall be twenty (20) feet. zoning districts. (G) Utility signs. Public utility signs that iden- (4) Additional signs. The following additional signs are permitted: Locational and direc- tify the location of underground utility lines and tional signs at outdoor public recreation facilities, high voltage lines and facilities, and park and sporting events which may in- other utility facilities and appurtenances are per- clude advertising logo of the entity spon- mitted so long as they do not exceed three (3) feet Boring the activity or event being held on in height, and so long as the sign face does not publicly owned property, including, but exceed one-half (1/2) square foot. not limited to youth athletic associations, (H) Street numbers. organized team competitions, swimming meets, tennis tournaments and golf course (1) Generally. Every building in the village benches with direction and ball washing shall have its street number so affixed to facilities at each tee. the building or the premises upon which the building is located that it is both (J) Strings of white light bulbs. Strings of visible and legible from the public street. ~'~'hite light bulbs may be permanently permitted to outline buildings and decorate trees on com- (2) Commercial buildings. Every commercial mercially developed property provided that such building with a wall facing an alley shall display does not interfere with neighboring land have each individual tenancy street num- uses. A building permit is required. ber affixed to the building above or next to (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 3, the rear door serving each tenancy so that 8-11-94; Ord. No. 10-99, § 2, 2-11-99; Ord. No. the number is both visible and legible 22-2000, § 1, 8-24-00; Ord. No. 31-2001, § 2, from the alley. The street numbers shall 10-25-01) be reflective. (3) Height-Color. All street numbers shall Sec. 6-116. Measurement determinations. be a minimum of three (3) inches in height (A) Facade area. The facade area shall be on residential buildings and a minimum measured by determining the area within atwo- of six (6) inches on commercial buildings. dimensional geometric figure coinciding with the Maximum height of all street numbers edges of the walls, windows, doors, parapets, Supp. No. 33 398.15 § 6-116 NORTH PALM BEACH CODE marquees, and roof slopes of greater than forty- (b) If a sign has four (4) faces arranged five (45) degrees that form a side of a building or in a square, rectangle or diamond, it unit. shall be counted as two (2) signs. (B) Sign area. (D) Sign height. The height of a sign shall be measured as the vertical distance from the fin- (1) Generally. The area of a sign shall be the fished grade, excluding berms, at the base of the area within the smallest square, rectan- supporting structure to the top of the sign, or its gle, parallelogram, triangle, circle or semi- frame or supporting structure, whichever is higher. circle, the sides of which touch the ex- (Ord. No. 24-93, § 2, 10-14-93) time points or edges of the sign face. (2) Special situations. Sec. 6-117. Design, construction, and loca- (a) Where a sign is composed of letters tion standards. attached directly to a facade, win- (A) Generally. All permanent signs must com- dow, door, or marquee, and the let- ply with the following design, construction and ters are not enclosed by a border or location standard. trimming, the sign area shall be the area within the smallest rectangle, (B) Compliance with building and electrical parallelogram, triangle, circle or semi- codes required. All permanent signs, and the circle, the sides of which touch the illumination thereof, shall be designed, con- extreme points of the letters or pit- strutted and maintained in conformity with ap- tures. plicable provisions of the building and electrical (b) Where two (2) sign faces are placed codes adopted by the village. back to back on a single sign strut- (C) Illumination standards. ture, and the faces are at no point more than four (4) feet apart, the (1) All illuminated signs shall be internally area of the sign shall be counted as lighted and only by electricity. the area of one (1) of the faces. (2) All electric wiring shall be installed in (c) Where three (3) or more sign faces conduit and concealed. The conduit shall are arranged in a square, rectangle, be installed underground in accordance or diamond, the area of the sign with the village electric code. shall be the area of the two (2) larg- est faces. (3) Electrically lighted signs shall be auto- matically controlled to be disconnected (C) Number of signs. daily at midnight or at the close of busi- (1) Generally. In general, the number of signs ness if the advertised closing is later than midnight. shall be the number of non-contiguous sign faces. Multiple non-contiguous sign (4) Sign lighting may not be designed or faces maybe counted as a single sign if all located to cause confusion with traffic the sign faces are included in the geomet- lights. ric figure used for determining the sign area. (D) Placement standards. (2) Special situations. (1) In right-of--way. Supports for signs or sign (a) Where two (2) sign faces are placed structures shall not be placed in or upon a public right-of--way or public easement. back to back and are at no point more than three (3) feet apart, it (2) Over right-of--way. No ground sign shall shall be counted as one sign. project over a public right-of--way. Supp. No. 33 398.16 BUILDINGS AND BUILDING REGULATIONS § 6-118 (3) Blocking exits, fire escapes, etc. No sign or signs and the style of lettering which shall lend a sign structure shall be erected that im- unified appearance to the signs of the occupants pedes use of any fire escape, emergency of the complex. The sign format shall only be exit, or standpipe. modified with the approval of the planning com- (4) All ground signs shall be erected within mission upon submission of a revised plan and landscaped areas. Minimum distance from specifications detailing the revised format. the edge of the landscaped area to the (J) Signs required to be designed. The follow- sign base shall be three (3) feet. The ing signs shall be designed by a Florida registered landscaping shall consist of shrubbery a architect or engineer: minimum of thirty (30) inches high creat- ing ahedge or individual shrubs of the (1) Building wall signs that project perpen- same or varying species thirty (30) inches dicularly from the surface to which it is high spaced not more than eighteen (18) attached and that are more than twelve inches apart at their base. (12) square feet in area. (E) Clearance standards. (2) Ground signs of more than forty (40) square feet in area. (1) Over pedestrian ways. All signs over pe- destrianways shall provide a minimum of (3) All signs shall be designed to withstand a nine (9) feet of vertical clearance. velocity pressure of fifty (50) pounds per square foot. (2) Over vehicular ways. All signs over vehic- (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 05-94, § 1, ular ways shall provide a minimum of 3-10-94; Ord. No. 2006-24, § 2.C.3, 11-9-06) thirteen (13) feet six (6) inches of clear- ance. Sec. 6-118. Severability. (F) Relationship to building features. A build- (a) Generally. If any part, section, subsection, ing wall sign shall not extend beyond any edge of paragraph, subparagraph, sentence, phrase, clause, the surface to which it is attached, nor disrupt a term, or word of this article is declared unconsti- major architectural feature of the building. tutional by the valid judgment or decree of any (G) Maximum projection. A building wall sign court of competent jurisdiction, the declaration of may project no more than four (4) feet perpendic- such unconstitutionality shall not affect any other ularly from the surface to which it is attached. part, section, subsection, paragraph, subpara- graph, sentence, phrase, clause, term or word of (H) Maximum window coverage. The com- this article. bined area of permanent and temporary signs placed on or behind windows shall not exceed ten (b) Severability where less speech results. With- (10) percent of the total window area at the same out diminishing or limiting in any way the decla- floor level on the side of the building or unit upon ration of Severability set forth above in subsection which the signs are displayed. (a), above, or elsewhere in this article, this Code, or any adopting ordinance, if any part, section, (I) Format for multiple occupancy complexes. A subsection, paragraph, subparagraph, sentence, sign format for building wall signs to be placed on phrase, clause, term, or word of this article is multiple occupancy complexes shall be approved declared unconstitutional by the valid judgment prior to a building wall sign being permitted to be or decree of any court of competent jurisdiction, constructed, altered or remodeled after the effec- the declaration of such unconstitutionality shall tive date of this code. The sign format shall be not affect any other part, section, subsection, included as a submittal for authorization to erect paragraph, subparagraph, sentence, phrase, clause, such a sign and shall be maintained on file in the term, or word of this article, even if such sever- department of community development. As a min- ability would result in a situation where there imum, the sign format shall specify the types, would be less speech, whether by subjecting pre- dimensions, placement, colors, and shape of the viously exempt signs to permitting or otherwise. Supp. No. 33 398.17 § 6-118 NORTH PALM BEACH CODE (c) Severability of provisions pertaining to pro- ARTICLE VII. COASTAL CONSTRUCTION hibited signs. Without diminishing or limiting in CODE* any way the declaration of severability set forth above in subsection (a) above, or elsewhere in this Sec. 6-151. Title. article, this Code, or any adopting ordinance, if The provisions contained herein shall consti- anypart, section, subsection, paragraph, subpara- tute the coastal construction code for construction graph, sentence, phrase, clause, term or word of within the coastal building zone and coastal bar- this article or any other law is declared unconsti- rier islands in the village and shall be referred to tutional by the valid judgment or decree of any as the "coastal code." court of competent jurisdiction the declaration of (Ord. No. 22-86, § 1, 12-11-86) such unconstitutionality shall not affect any other part, section, subsection, paragraph, subpara- Sec. 6-152. Purpose. graph, sentence, phrase, clause, term, or word of this article that pertains to prohibited signs, The purpose of the coastal code is to provide including specifically those signs and sign-types minimum standards for the design and construc- prohibited and not allowed under section 6-113 of tion of buildings and structures to reduce the this article. Furthermore, if any part, section, harmful effects of hurricanes and other severe subsection, paragraph, subparagraph, sentence, storms occurring along the coastal area of the phrase, clause, term, or word of section 6-113 is village which front on the Atlantic Ocean. These declared unconstitutional by the valid judgment standards are intended to specifically address or decree of any court of competent jurisdiction, design features which affect the structural stabil- the declaration of such unconstitutionality shall ity of the beach, dunes and topography of adjacent not affect any other part, section, subsection, properties. The coastal code is site specific to the paragraph, subparagraph, sentence, phrase, clause, coastal building zone as defined herein and is not term, or word of section 6-113, thereby ensuring applicable to other locations. In the event of a that as many prohibited sign-types as may be conflict between this article and other sections of constitutionally prohibited continue to be prohib- this Code, the requirements resulting in the more ited. restrictive design shall apply. No provisions in (Ord. No. 23-2005, § 1, 9-22-2005) this article shall be construed to permit any con- Secs. 6-119-6-149. Reserved. ARTICLE VI. ENERGY EFFICIENCY BUILDING CODE Sec. 6-150. Adopted by reference. Under the authority of F.S. section 163.295, the village hereby adopts, by reference thereto, the Florida Model Energy Efficiency Code, for Build- ing Construction, 1986 edition, as the energy code for the village. There have been for at least ten *Editor's note-Ordinance No. 22-86, § 1, adopted Dec. (10) days last past and Shall be during the time 11, 1986, amended Art. VII in its entirety to read as herein set that this code is in effect, three (3) copies of such out in s-151 s-156. Formerly, Art. vII, 6-156 s-1s4, code and recommended amendments kept avail- relative to the coastal construction code, derived from Ord. No. 3-86, § 1, adopted March 27, 1986. able for public use, inspection and examination. Cross references-Boats, docks and waterways, Ch. 5; (Ord. No. 6-79, § 1, 4-26-79; Ord. No. 23-80, § 1, construction requirements for canals, etc., § 5-56 et seq.; 10-9-80~ bulkhead lines, Ch. 7; flood damage prevention, Ch. 12.5. Supp. No. 33 398.18 EMERGENCY MANAGEMENT § 8-5 ARTICLE I. IN GENERAL public works building will serve as a back-up village emergency operations center should the Sec. 8-1. Definitions. need arise. As used in this chapter, the following terms, (Ord. No. 16-2001, § 1, 6-28-01; Ord. No. 2006-24, § 2.D, 11-9-06) phrases, words and their derivations shall have the meanings given herein: Sec. 8-4. Powers, duties and responsibili- Disaster means any natural, technological or ties. civil emergency that causes damage of sufficient severity and magnitude to result in the declara- (a) The village manager, when acting as direc- tion of a state of emergency by the county, the for of emergency management shall have the governor or the President of the United States. following powers, duties and responsibilities: Emergency means any occurrence, or threat (1) Recommend a declaration of local emer- thereof, whether natural, technological, or man gency pursuant to section 8-5. To inform made, in war or in peace, which results or may the Village Council of the reasons for and result in substantial injury or harm to the village status of the event(s) requiring the decla- population or substantial damage to or loss of ration. property. (2) To direct the creation, revision and exer- Emergency management means the prepara- cise of a village comprehensive emergency tion for, the mitigation of, the response to, and management plan for the mitigation of, recovery from emergencies and disasters. preparation for, response to, and recovery (Ord. No. 16-2001, § 1, 6-28-01) from emergencies, and to exercise all pow- ers permitted by F.S. chapter 252. Sec. 8-2. Applicability. (3) To direct the efforts of emergency services All officers, employees, contractors, vendors, personnel in preparation for, response to, boards, commissions, authorities, and other agen- and recovery from emergency conditions. ties of the village are subject to the provisions of (4) To recommend a budget to the village this chapter. council for the creation and maintenance (Ord. No. 16-2001, § 1, 6-28-01) of an emergency response capability as provided herein. Sec. 8-3. Emergency management structure. (5) To recommend emergency regulations nec- (a) The village manager or his designee shall essary for the protection of life and prop- perform the function of director of emergency erty, establishment of public order, and management and shall implement, manage and control of adverse conditions affecting pub- report on all actions authorized and taken on the lit welfare resulting from an emergency, provisions of this chapter. to the mayor and/or village council. (b) Duties as director of emergency manage- (OTd. No. 16-2001, § 1, 6-28-01) ment shall include the on-going planning for and coordination of those actions necessary for the Sec. 8-5. Declaration of a state of emer- creation and maintenance of a village comprehen- gency. sive emergency management plan and of an effec- tive emergency response capability to prepare for (a) The mayor, vice mayor or village manager, and manage emergency conditions. in the order named, shall have the authority to declare a local state of emergency. Upon the (c) The public safety building's multi-purpose absence or unavailability of the mayor, vice mayor room shall serve as the village emergency opera- or village manager, the acting village manager tions center as necessary. The department of may issue such a declaration. Supp. No. 33 509 § 8-5 NORTH PALM BEACH CODE (b) Any declaration of a local state of emer- (6) Rental of equipment. gency and all emergency regulations activated under the provisions of this chapter shall be (7) Acquisition and distribution, with or with- confirmed by the village council by resolution no out compensation, of supplies, materials, later than the next regular meeting, unless the and facilities. nature of the emergency renders a meeting of the (8) Appropriation and expenditure of public village council extremely impractical. Confirma- funds. tion of the emergency declaration shall disclose (Ord. No. 16-2001, § 1, 6-28-01) the reasons for, and anticipated impacts of, ac- tions proposed and taken to manage the emer- Sec. 8-6. Termination of a state of emer- gency and other pertinent data relating to the gency. emergency requiring the declaration. A state of emergency shall be terminated by a (c) Emergency resolutions authorized under vote of the village council if practicable upon the this chapter shall include but not be limited to the certification of the person who originally re- following subject: quested the declaration of the state of emergency, that the conditions leading to or causing the Resolution subject emergency no longer exist and the village's de- A Evacuation partments are able to manage the situation with- B Curfews: declaration of areas off limits out extraordinary assistance; provide that a state C suspension or regulation of the sale of, or of emergency established under F.S. section 252.38 offer to sell, with or without consideration: et seq., shall terminate at the end of a period of Alcoholic beverages, ammunition, firearms, seven (7) consecutive days after the declaration of explosives, or combustibles D suspension of local building regulations the emergency, unless prior to the end of the E Emergency procurement procedures seven-day period, the public official calling for or F Regulating the use of and rationing of fuel, ice the village council has terminated such state of and other essentials emergency. Any extension of the seven-day time (d) A local state of emergency, when declared period must be accomplished by a request from as provided herein, shall continue in effect from the public official and concurrence of the village day to day for a period of seven (7) days unless council by duly enacted resolution. declared terminated prior to the passage of seven (Ord. No. 16-2001, § 1, 6-28-01) (7) days; should the local state of emergency be of a duration longer than seven (7) days, the decla- Secs. 8-7-8-20. Reserved. ration maybe extended, as necessary, in seven (7) day increments. ARTICLE II. CIVIL DISORDERS AND (e) When a local state of emergency is declared DISTURBANCES under this article the village has the power and authority to waive the procedures and formalities Sec. 8-21. Mayor designated local authority otherwise required by law pertaining to: for preservation of public peace. (1) Performance of public work in taking what- The mayor is hereby designated the local au- ever prudent action is necessary to ensure thority for preservation of the public peace, pur- the health, safety and welfare of the vil- suant to F.S. section 870.041. lage. (Ord. No. 16-2001, § 2, 6-28-01) (2) Entering into contracts. Sec. 8-22. Declaration of a state of emer- (3) Incurring obligations. gency. (4) Employment of permanent and tempo- (a) Whenever the director of public safety de- rary workers. termines that there has been an act of violence or (5) Utilization of volunteer workers. a flagrant and substantial defiance of, or resis- Supp. No. 33 510 FIRE PREVENTION AND PROTECTION § 12-17 ARTICLE I. IN GENERAL Educational Secs. 12-1-12-15. Reserved. Day Care, Nursery Pre-school $ 35.00 All others 75.00 ARTICLE II. FLORIDA FIRE Healthcare/Institutional PREVENTION CODE 5,000 square feet and under $ 50.00 Sec. 12-16. Adopted by reference. 5,001-15,000 square feet 100.00 15,001-30,000 square feet 150.00 Under the authority of Florida Statutes, Sec- 30,001-100,000 square feet 250.00 tion 633.0215 and 633.025, the "Florida Fire Pre- 100,001 square feet or 350.00 vention Code" adopted by the State Fire Marshal greater in Rule Chapter 4A-60 of the Florida Administra- tive Code, including NFPA 1 Fire Prevention Code Transient Lodging, Apartment, Residential Board (2000 edition) and NFPA 101 Life Safety Code and Care, and Adult Living Facilities (2000 edition), both as modified by Rule Chapter 4A-60 of the Florida Administrative Code, is herein 24 units and less $ 50.00 adopted by reference as the minimum fire code for 25-100 units 75.00 the village. There has been for at least ten (10) 101-500 units 150.00 days last past and shall be during the time that 501 units or greater 250.00 this code is in effect, two (2) copies available for public use, inspection, and examination. Mercantile, Office, Storage, Industrial (Ord. No. 12-2002, § 1, 5-9-02) and Manufacturing Editor's note-Ord. No. 05-2002, § 6, adopted Feb. 28, 2002 and ord. No. 12-2002, § 2, repealed § 12-1s, in its 5,000 square feet and under $ 35.00 entirety. Ord. No. 12-2002, § 1, adopted May 9, 2002, enacted 5,001-15,000 square feet 50.00 provisions to read as herein set out. Prior to amendment § 12-16 pertained to [fire prevention code] adopted by refer- 15,001-30,000 Square feet 75.00 ence and derived from Code 1970, § 6-11; Ord. No. 16-75, § 1, 30,001-100,000 square feet 150.00 adopted Oct. 9, 1975; Ord. No. 13-77, § 1, adopted July 14, 100,001 square feet or 250.00 1977; Ord. No. 22-80, § 1 adopted Oct. 9, 1980; Ord. No. 7-83, § 1, adopted Aug. 25, 1983; Ord. No. 3-87, § 1, adopted Jan. 22, greater 1987; Ord. No. 6-90, § 1, adopted Mar. 22, 1990; Ord. No. 13-92, § 1, adopted Sept, lo, 1992; and Ord. No. 11-97, § 1, Marinas and Boat Storage Facilities adopted Feb. 27, 1997. Cross references-Building, gas, mechanical and plumb- 5O boat slips and under $ 50.00 ing codes adopted, § 6-17; housing code adopted, § 15-1. 51-100 boat slips 150.00 101-250 boat slips 200.00 Sec. 12-17. Fire inspection fee schedule. 251 boat slips or greater 300.00 (a) Effective October 1, 2006, the following annual fire inspection fees are hereby established Tent and Temporary Structures for both new and existing buildings inspected All $35.00 under the provisions of this Code: Assembly (b) There shall be atwenty-five-dollar charge Occupancy of: for each reinspection which requires an addi- 50-299 $ 50.00 tional trip to a building or job site by a fire 300-999 75.00 inspector. This fee shall be applicable to new 1,000-4,900 150.00 construction and existing buildings. 5,000 or greater 250.00 Supp. No. 33 725 § 12-17 NORTH PALM BEACH CODE (c) The effective date for collection of fire in- spection fees is October 1, 2006, and on an annual basis thereafter and to be made a part of the business tax and paid therewith. (Ord. No. 2006-13, 1, 2, 8-10-06; Ord. No. 2006-28, § 4, 12-14-06) Secs. 12-18-12-28. Reserved. ARTICLE III. FIRE DIVISION* DIVISION 1. GENERALLY Sec. 12-29. Created; function. A division to be hereafter known as the Village of North Palm Beach Fire Division, the object of which shall be the prevention and extinguish- ment of fire and the protection of life and property within the limits of the village, is hereby created. (Code 1970, § 15-1) Sec. 12-30. Composition. (a) The division created by this article shall consist of a chief and such other officers as the village *Editor's note-On Aug. 27, 1968 the village entered into a mutual fire-fighting aid or protection pact with other mu- nicipalities and fire control districts located in county (see Resolution No. 363-68). Cross references-Administrative code provisions on de- partment of public safety, § 2-75 et seq.; length of service award plan for volunteer firefighters, § 2-170 et seq. Supp. No. 33 726 HEALTH AND SANITATION § 14-28 ARTICLE I. IN GENERAL Sec. 14-26. Frequency of collection. Secs. 14-1-14-15. Reserved. Commercial garbage shall be collected at least three (3) times a week, and with greater fre- quency and in such manner as shall be directed ARTICLE II. GARBAGE, TRASH AND by the village manager. REFUSE* (Code 1970, § 18-41) DIVISION 1. GENERALLY Sec. 14-27. Charges-Generally. Secs. 14-16-14-22. Reserved. All property within the village which is im- proved by a structure for which a certificate of DIVISION 2. GARBAGE COLLECTION AND occupancy is issued after February first of any DISPOSAL year and for which garbage and trash collections are made by the village shall pay the following fees for collection and disposal of garbage and Sec. 14-23. Definition. trash during the remainder of that calendar year As used in this division, "commercial garbage" in which the certificate of occupancy is issued: shall mean every refuse accumulation of animal, (1) One- and two-family homes, four dollars fruit or vegetable matter that attends the prepa- ration, use, cooking and dealing in, or storage of and twenty-three cents ($4.23) per dwell- meats, fish, fowl, fruits or vegetables, and any ing unit per month, or fraction thereof. other matter of any nature whatsoever which is (2) Dwellings of three (3) units or more, four subject to decay and the generation of noxious or dollars and twenty-three cents ($4.23) per offensive gases or odors, or which, during or after unit per month, or fraction thereof. Where decay, may serve as breeding or feeding material a dwelling of three (3) or more units is a for flies or other germ-carrying insects. condominium and the condominium asso- (Code 1970, § 18-1) ciation or the developer of the condomin- Cross reference-Rules of construction and definitions generally, § 1-2. ium notifies the director of public works, garbage and trash fees shall be billed to Sec. 14-24. Garbage cans-Required. the individual owners of condominium units. Garbage containers at each commercial estab- lishmentwithin the village and at each multifam- (3) For commercial establishments, four dol- ily dwelling which contains three (3) or more lars and twenty-three cents ($4.23) per units shall provide dumpster-type garbage con- month, or fraction thereof. tainers which can be collected by village garbage (Code 1970, § 18-49; Ord. No. 2-74, § 1; Ord. No. vehicles using the dumpster collection method. 2006-24, § 2.E.1, 11-9-06) (Code 1970, § 18-23; Ord. No. 6-75, § 1, 6-12-75) Sec. 14-28. Same-Fee for excess amounts Sec. 14-25. Same-To be kept covered. from commercial establishments. All commercial garbage cans shall be kept tightly covered at all times, except when neces- In the event any commercial establishment has sary to lift the covers for the purpose of depositing more than two (2) cubic yards of garbage at any garbage in the garbage can or for the purpose of one (1) pickup, the occupant thereof shall pay one emptying such garbage into a garbage truck. dollar ($1.00) per cubic yard for all garbage col- (Code 1970, § 18-24) lected in excess of two (2) cubic yards. In the event any commercial establishment has more than six *Cross reference-Refuse disposal divisions, § 2-85(e). (6) cubic yards of garbage picked up during any Supp. No. 33 891 § 14-28 NORTH PALM BEACH CODE one (1) week, the occupant thereof shall pay one Total square feet is as determined by the Palm dollar ($1.00) per cubic yard for all garbage col- Beach County Property Appraiser. lected in excess of six (6) cubic yards per week. (3) Waste disposal fees shall be due and pay- (Code 1970, § 18-48) able to the village yearly in advance on October 1 of each year regardless of occupancy or use of the Sec. 14-29. Same-When and where paid. property charged. The fees shall be billed to the property owner of record as shown on the county All payments required by this division shall be tax rolls. Failure to pay the fees when due may made to the village by the fifteenth of the month result in the discontinuance of the waste removal for which service is rendered. All delinquent ac- service and/or the placing of a lien by the village counts are subject to stoppage of service without council in the amount of the fees due against the notice. If a delinquent account is not paid within property to which service is available, and/or thirty (30) days, the director of public works shall action by the village code enforcement board. cease all refuse collection for that account unless otherwise directed by the village manager. Ser- (4) The collection of garbage and trash by a vice shall be resumed thereafter only upon pay- private person, firm, or corporation hired for such ment of the accumulated fees for the period of purpose is prohibited except where dumpsters of collection and the period of noncollection unless greater than two-cubic-yard capacity are used. the village manager specifically directs otherwise. (Ord. No. 37-90, § 1, 10-25-90; Ord. No. 34-91, § 1, The stoppage of service herein authorized for 11-14-91; Ord. No. 18-92, § 1, 10-22-92; Ord. No. nonpayment of collection charges shall be in ad- 19-94, § 1, 10-13-94; Ord. No. 8-96, § 1, 2-8-96; dition to the right of the village to proceed for the Ord. No. 3-98, § 1, 1-8-98; Ord. No. 29-2000, § 1, collection of such unpaid charges in a manner 9-28-00; Ord. No. 29-2002, § 1, 10-10-02; Ord. No. provided by law. 2006-20, § 2, 9-; Ord. No. 2006-28, § 2, 12-14-06- (Code 1970, § 18-53; Ord. No. 2-74, § 2; Ord. No. 06) 2006-24, § 2.E.2, 11-9-06) Secs. 14-31-14-36. Reserved. Sec. 14-30. Commercial use property waste disposal fees and collection pro- DIVISION 3. ABANDONED, INOPERATIVE cedures. AND JUNKED PROPERTY* (1) For purposes of this section, commercial use property shall include all property parcels in Sec. 14-37. Definitions. the village upon which a building exists with the As used in this division, the following terms exception of residential use property, village- shall have the indicated meanings: owned property and other property used for gov- ernmental purposes. Motor vehicle includes all vehicles as defined in F.S. section 320.01(1), or as elsewhere defined in (2) Annual disposal fees for garbage and trash the Florida Statutes, and shall include, in addi- and all other refuse collected by the Village of tion, any vehicle which is self-propelled and de- North Palm Beach shall be charged as herein signed to travel along the ground or water and provided, except as otherwise stated. shall include, but not be limited to, automobiles, buses, motor scooters, motor bicycles, motorcy- Occupancy Category Fee per Square Foot cles, trucks, tractors, go-carts, golf carts, campers, Low $ 0.046 trailers and motorboats. Medium 0.123 Private property means any real property within High 0.656 the village which is privately owned and which is Occupancy category is as determined by the Palm not public property as defined in this section. Beach County SOlld Waste AuthoTlty. *Cross reference-Motor vehicles and traffic, Ch. 18. Supp. No. 33 892 HEALTH AND SANITATION § 14-38 Public property means any street or highway which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and shall also mean any other publicly owned property or facil- ity. (Code 1970, § 23-16; Ord. No. 7-73) Cross reference-Rules of construction and definitions generally, § 1-2. Sec. 14-38. Prohibited conditions; enumer- ated exceptions. No person shall park, store, leave or allow or permit the storage, leaving or allowing of any abandoned, wrecked, dismantled, Supp. No. 33 892.1 HOUSING § 15-2 Sec. 15-1. Housing code-Adopted by refer- justments and appeals. Such appeal shall state ence. the location of the property, the date of the The Village Council of the Village of North notice of violations, and the number of such Palm Beach, Florida, does hereby adopt by refer- notice. The appellant must state the variance ence the Standard Housing Code, 1997 Edition, of or modification requested, the reasons therefor, the Southern Building Code Congress Interna- and the hardship or conditions upon which the tional, Inc., as the housing code for the village. appeal is made. Appeals shall be on forms There have been for at least ten (10) days last provided by the department of community de- past and shall be during the time that this code is velopment, and shall be accompanied by a in effect, three (3) copies of such code and recom- filing fee of one hundred fifty dollars ($150.00). mended amendments kept available for public Section 202. Definitions use inspection and examination. (Code 1970, § 19.3-11; Ord. No. 8-75, § 1, 7-10-75; The definitions for "dwelling" and "family" Ord. No. 14-77, § 1, 7-14-77; Ord. No. 28-80, § 1, contained within section 202, Definitions, are 10-9-80; Ord. No. 8-83, § 1, 8-25-83; Ord. No. hereby amended to read as follows: 21-86, § 1, 11-13-86; Ord. No. 5-90, § 1, 3-8-90; Dwelling is any building or structure de- Ord. No. 3-92, § 1, 2-27-92; Ord. No. 27-2001, § 2, signed exclusively for residential occupancy. A 9-13-01) dwelling may be designed for one-family, two- Cross references-Restrictions on living aboard house- family OT multiple-family occupancy, but not boats, § 5-15; building, gas, mechanical and plumbing codes including hotels, C1ubS, motels, boarding OT adopted, § 6-16; electrical code adopted § 11-11; fire prevention lOd in houses or house trailers whether such code adopted § 12-16. g g trailers be mobile or located in stationary fash- Sec. 15-2. Same-Amendments. ion as when on blocks or other foundation. The following amendments and additions are Family shall mean one or more persons hereby made to the housing code adopted by living in the same single or multiple family section 15-1 of this code: dwelling unit, all of whom are related by blood, marriage or adoption, or a group of persons all 102.1 Enforcement Officer. of whom are not so related which does not There is hereby established by the applica- exceed two (2) unrelated persons in number. ble governing body provisions for the enforce- This term shall not include the occupants of a ment of this code by the housing official. The rooming or boarding house, group home/congre- director of community development shall serve gate living facility or other similar use with as the housing official. shared cooking or sanitary facilities. 106.1 Appointment. 305.15. Accessory Structures. There is hereby established a board to be Garages, storage buildings, docks, piers, boat called the housing board of adjustments and hoists, dolphin poles, bulkheads, swimming appeals. The board shall be appointed by the pools and the waters therein, screen enclo- village council. The construction board of ad- sures, fences, walls, driveways, sidewalks, an- justments and appeals established by Chapter tennas and all other accessory structures shall 6 of the village Code shall act as the housing be maintained and kept in good repair and board of adjustments and appeals. sound structural condition. All sections of this code are applicable as determined by the build- Section 107. Appeal. ing official subject to standard appeal as out- Anyperson receiving written notice from the lined in section 107. housing official of deficiencies in his property 307.4. Care of Premises. under this Code may within thirty (30) days following the date of such notice enter an It shall be unlawful for the owner or occu- appeal in writing to the housing board of ad- pant of a residential building, structure or Supp. No. 33 947 § 15-2 NORTH PALM BEACH CODE property to utilize the premises of such resi- breaks, broken glass, crumbling stone, brick or dential property for the open storage of any stucco or other conditions reflective of deteriora- abandonedmotor vehicle, abandoned boat, aban- tion or inadequate maintenance. doned trailer, ice box, refrigerator, stove, glass, All building exterior wall surfaces shall be kept building material, building rubbish or similar free of faded or chipped paint and shall be main- items. It shall be the duty and responsibility of tained in repair and condition to prevent deterio- every owner or occupant to keep the premises ration, and must be repainted, recovered or cleaned of such residential property clean and to re- ~,~,hen twenty-five (25) percent or more of any move from the premises all such abandoned exposed surface becomes discolored or is peeling. items listed above. All off-street parking spaces and driveways shall Landscaping. be asphalt, concrete, block, stone, brick or similar smooth durable surface or durable surface as The entire yard where exposed to public view approved by the community development direc- must belandscaped. Play areas, flowerbeds, drive- tor. ways, walks, etc., not intended to have vegetative cover should be clearly defined and maintained All off-street parking and driveways shall be kept free of uncultivated growth. in good repair and sound structural condition. Asphalt, concrete, and brick paver surfaces shall Landscaping shall be maintained so as to present not show signs of excessive surface deterioration, a healthy, neat and orderly appearance at least such as potholes and substantial cracks. All drive- equal to the original installation and shall be Ways shall be free of errant vegetation. Stone mowed or trimmed in a manner and at a fre- surface driveways shall be maintained in a neat quency so as not to detract from the appearance of appearance and bordered. Stone material shall be the general area. Any grass and brush growing in so maintained as to not spread onto public streets excess of nine (9) inches in height, dead trees, and sidewalks. trash and garbage shall be removed from the 308.1 Compliance Exceptions. premises. Landscaping shall be maintained to minimize property damage and public hazards, No person shall operate a rooming house, or including the removal of low hanging branches shall occupy or let to another for occupancy any over sidewalks and paved areas and those ob- rooming unit in any rooming house, except in strutting street lighting and traffic control signs. compliance with the provisions of every section of this code except the provisions of 301 and Landscaping shall be kept free of visible signs of 302. insects and disease and appropriately irrigated 101.3.4. All residential properties, buildings and fertilized to enable landscaping to be in a and structures annexed into the Village shall healthy condition. comply, upon annexation, with the requirements All roadways, curbs and sidewalks shall be edged of chapter 15, housing, sections 15-1 and 15-2, with the following exception: to prevent encroachment from the adjacent turf areas. The provisions of subsection 307.4 shall ap- ply 2 (two) years (twenty-four (24) months) Buildings, Structures after date of annexation. (Code of 1970, § 19.3-12; Ord. No. 8-75, § 1, The exterior of all premises and every structure 7-10-75; Ord. No. 14-77, § 1, 7-14-77; Ord. No. thereon where exposed to public view, shall be 28-80, § 1, 10-9-80; Ord. No. 21-86, § 1, 11-13-86; maintained in a condition that shall not show Ord. No. 5-90, § 2, 3-8-90; Ord. No. 3-92, § 2, evidence of deterioration. All screened enclosures 2-27-92; Ord. No. 27-2001, § 3, 9-13-01; Ord. No. shall be properly fitted and maintained. All sur- 23-2003, 1, 2, 9-11-03; Ord. No. 2006-24, § 2.F, faces shall be maintained free of weathering, 11-9-06) discoloration, ripping, tearing or other holes or [The next page is 997] Supp. No. 33 948 Chapter 17 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS* Art. I. In General, 17-1-17-15 Art. II. Local Business Tax, 17-16-17-33.1 Art. III. Businesses Located Outside Village Limits, 17-34-17-39 Art. IV. Reserved, 17-40-17-49 Art. V. Ambulances, 17-50-17-60 Art. VI. Garage and Other Sales, 17-61-17-63 *Editor'snnte-Ordinance No. 7-81, § 1, adopted July 23, 1981, amended the occupational license provisions, formerly codified in Art. II, 17-16 17-28, to be set out in Art. I, 17-16 17-33(a)(b) and Art. II, 17-34 17-34-14. At the editor's discretion, such provisions have been redesignated as Arts. II and III, and 17-33(a), (b) and 17-34-A 17-34-14 have been redesignated as 17-33.1 and 17-34.1 17-34.13, respectively, in order to maintain Code format. Former Arts. III V of Ch. 17 have been renumbered as Arts. IV VI to facilitate the inclusion of this amendment. The deleted sections previously derived from Code 1970, 20-1 20-14 and 20-21, and Ord. No. 11-72, § 1. Cross references-Enforcement of Ch. 17 by code enforcement inspector, § 2-171 et seq.; alcoholic beverages, Ch. 3; boat operators required to comply with license laws, § 5-5; requirement of occupational license for different classes of contractors, § 6-74; sign permits, § 6-113; bulkhead filling permits, § 7-16 et seq.; registration of electricians required, § 11-36; noise control regulations, § 19-99 et seq.; regulation of business activities with potential to contaminate land and water resources, § 19-221; permits for meetings and gatherings in public parks, § 20-31 et seq.; permits for street excavations, § 24-28 et seq.; permits for sidewalks and driveways, § 24-55 et seq.; construction permits for swimming pools, § 25-23 et seq. Supp. No. 33 1051 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-2 Single Violation of.• Maximum Fines lage and/or its subscribers, whether ac- tual or potential, and may include without (i) Subsection (j) hereof. $350.00 limitation, increased costs of administra- (j) Subsection (k), tion, enforcement and other damages dif- hereof. $500.00 ficult to measure. (k) Subsections (m)(1)- (5), hereof. $250.00 (3) Any person who intentionally files a false (1) Subsection (m)(6) complaint against a franchisee shall be hereof. $500.00 subject to a fine, payable to the village, in (m) Subsection (n) hereof. $250.00 the amount of fifty dollars ($50.00) for the (n) Subsection (o) hereof. $250.00 first violation and one hundred dollars (o) Subsection (p) hereof. $250.00 ($100.00) for each subsequent violation. (p) Subsection (q) hereof. $250.00 (4) Intentional misrepresentation by a fran- (q) Subsection (s) hereof. $250.00 chisee in any response to a notice of proposed refund and/or fine shall be (1) Prior to assessing a fine, the village man- grounds for revocation of the franchise. ager or designee shall consider any justi- fication or mitigating factor advanced in (5) In addition to complying with the cus- franchisee's written response, including, tourer service standards set forth in this but not limited to rebates or credits to the section or in any franchise issued pursu- subscriber, acure or commencement of a ant to this section, a franchisee shall cure of the violation, and the payment of comply with all customer service stan- anypenalty to Palm Beach County for the dards applicable to cable systems of the same violation. The village manager or FCC and any other applicable law govern- designee may, after consideration of the ing the operations of the cable system response of the franchisee, waive or re- within the village. If during the term of duce any proposed fine. any franchise granted pursuant to this section, the FCC modifies the customer (2) Subsequent to the notice of proposed fine service standards applicable to franchi- to franchisee and consideration of the see, the village may modify this section to franchisee's response, if any, and after reflect any such new customer service following the procedures set forth in this standards. section, the village may issue an assess- (u) The village expressly reserves the right to ment of fine. Any fine will commence as of consider violations of the customer service require- the date of the written notice specifying menu in evaluating any renewal, modification or the violation at issue. The fine shall be transfers of any franchise agreement. paid within thirty (30) days of written notice of assessment to the franchisee. (v) The village and franchisee recognize that The village may enforce payment of the the customer service standards set forth in this refund or fine in any court having juris- section reflect the current operating procedures of diction or if franchisee challenges the as- franchisee. If franchisee's current operating pro- sessment in a court of competent jurisdic- cedures change during the term of any franchise tion, within thirty (30) days of a final granted pursuant to this section, the village agrees non-appealable decision that the assess- to meet with franchisee to discuss appropriate ment is valid. This fine shall constitute modifications to such standards and to consider liquidated damages to the village for the such reasonable modifications to the standards violation and the village may enforce pay- set forth herein as requested by a franchisee to ment of the fine in any court having reflect any such new operating procedures. Upon jurisdiction. It is the intent of the village request of the franchisee, the village shall also to determine fines as a reasonable esti- discuss with franchisee the need to continue such mate of the damages suffered by the vil- regulation in light of the competition that fran- Supp. No. 33 1055 § 17-2 NORTH PALM BEACH CODE chisee may face in the provision of cable services (d) Standards. Prior to the issuance of a busi- to subscribers and to consider such reasonable ness tax receipt and as continuing operational modifications to the customer service standards standards, home occupations shall comply with set forth herein in light of the competitive envi- the following: ronment. Notwithstanding anything to the con- trary, franchisee shall be obligated to comply with (1) No person shall be employed in a home this section unless modifications are agreed upon occupation who is not a permanent by the village and franchisee in writing. domiciliary resident of the dwelling unit in which the home occupation exists. (w) Subscriber privacy. (1) A franchisee shall at all times protect the (2) The floor area within a dwelling unit privacy of all subscribers to the full extent devoted to a home occupation shall not required by Section 631 of the Communi- exceed twenty-five (25) percent of the gross cations Act, 47 U.S.C. § 551 and state law. floor area of the dwelling unit excluding porches, garages, carports and other ar- (2) Unless otherwise permitted by federal or eas which are not considered living area. state law, neither the franchisee nor its agents or employees shall, without the (3) The activities of a home occupation shall prior and specific written authorization of occur entirely within the dwelling unit, the subscriber involved, sell, or otherwise excluding accessory structures such as make available for commercial purposes garages, carports and sheds. the names, addresses or telephone num- (4) There shall be no external evidence of the bers of any subscriber or subscribers, or existence of a home occupation within a any information which identifies the indi- dwelling unit. Signs, displays, off street vidual viewing habits of any subscriber or parking areas other than driveways nor- subscribers. mally required for residential use, or other (Ord. No. 24-2005, § 1, 9-22-05) advertising of any kind are prohibited. Sec. 17-3. Home occupations. (5) No tangible goods or services of any kind (a) Home occupations as permitted uses. Home shall be sold or transferred to a customer, occupations shall be permitted uses within R-1 consumer or client on the premises of a Single-family Dwelling District, R-2 Multiple- home occupation, excluding facsimile ma- family Dwelling District and R-3 Apartment Dwell- chine, telephone and /or postal transac- ing District, and mixed-use ResidentiaUCommer- tions. cial PUDs. (6) A home occupation shall not create noise, (b) Definition. Home occupation is defined to vibration, glare, fumes, odors, dust, smoke mean any activity for which a business tax receipt or electromagnetic disturbances No equip- of the Village of North Palm Beach is required by ment or processes shall be used which law, which is conducted within a dwelling unit in create visual or audible interference in a residential district. any radio or television receiver located nearby. No chemicals or chemical equip- (c) Business tax receipt required. It shall be a ment shall be used, except those that are violation for any person to conduct a home occu- used for domestic or household purposes. pation without first obtaining a business tax No motor or engine power, other than receipt therefor issued by the village. The commu- electrically operated motors, shall be used nity development department may impose reason- in conjunction with such home occupation able conditions upon a business tax receipt issued and the total horsepower of such permit- for ahome occupation for the purpose of insuring ted electrical motors shall not exceed three compliance with the standards set forth in sub- (3) horsepower, or one horsepower for any section 17-2(d). single motor. Supp. No. 33 1056 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-16 (7) Vehicular and pedestrian traffic shall not (g) Appeals. An applicant for a business tax be generated by a home occupation in a receipt whose application is denied for failure to greater volume or a different vehicle type meet the standards set forth in this section or who than the traffic typical in a residential objects to any conditions imposed by the depart- neighborhood in the village. ment may appeal the reasonableness of either to (8) Deliveries of any kind required by and the zoning board of adjustment which may direct made to the premises of a home occupa- that the receipt be issued with or without condi- tion shall not exceed one business deliv- tions or may modify, add to or delete the imposed ery per day. conditions. (9) The giving of art, music or other instruc- (h) Repeal of ordinances. All ordinances or tions or lessons shall be limited to not parts of ordinances in conflict herewith are hereby more than two (2) persons at any one repealed. time. (i) Effective date. This section [Ordinance No. (10) Outdoor storage or any materials shall 2-95] shall be effective upon the date of passage. not be permitted. (Ord. No. 2-95, 1-9, 1-26-95; Ord. No. 24-2005, § 2, 9-22-05; Ord. No. 2006-28, § 5, 12-14-06) (11) The use of the premises for the home Editor's note-Ord. No. 2-95, adopted Jan. 2s, 1995, has occupation shall be clearly incidental and been codified herein at the discretion of the editor as § 17-2. Subordinate to its use for residential pur- Cross reference-Zoning, App. C. poses by its occupants, and shall, under no circumstances, change the residential Secs. 17-4-17-15. Reserved. character thereof. (e) Affidavit of applicant required. An appli- ARTICLE II. LOCAL BUSINESS TAX* cant for a business tax receipt for a home occupa- tion shall at the time of application file an affida- Sec. 17-16. Business tax imposed; basis of vit wherein the applicant: one year. (1) Agrees to comply with the standards set A tax is hereby imposed by the village upon forth in this section; each and every business, profession and occupa- (2) Agrees to comply with the conditions im- tion having a business location or branch office posed by the department to insure com- ~'~'ithin the village, in the respective amounts set pliance with such standards; forth in section 17-33 of this Code. Each business, profession or occupation paying such tax shall be (3) Acknowledges that a departure therefrom issued a business tax receipt. In addition, each may result in a suspension or termination and every such business, profession and occupa- of the business tax receipt; and tion which directly engages in interstate com- (4) Acknowledges that the village shall have merce, or which competes with any business, the right to reasonably inspect the pre- profession or occupation engaged in interstate mises upon which the home occupation is commerce shall be receipted pursuant to this conducted to insure compliance with the Code in the respective amounts set forth in sec- foregoing standards and conditions, and tion 17-33. Unless otherwise stated, the amount to investigate complaints, if, any, from of such tax specified shall be on the basis of one neighbors. (1) year. (Ord. No. 7-81, § 1, 7-23-81; Ord. No. 2006-28, § 6, (f) Violation of standards or conditions deemed 12-14-06) a Code violation. Failure by a home occupation licensee to comply with the standards of this *Editor's note-Ord. No. 2006-28, § s, adopted Dec. 14, 2006, amended the Code by changing the title of Art. II from section and with the conditions imposed by the "Occupational Licenses" to "Local Business Tax". department shall be deemed a violation of this State law references-Municipal home rule powers, F.S. Code. § 166.021; local occupational license tax act, F.S. Ch. 205. Supp. No. 33 1057 § 17-17 NORTH PALM BEACH CODE Sec. 17-17. Registration required. initial receipt. Subsequent receipts must be is- sued on a full-year basis regardless of the date of Any person who engages in any business, occu- application, except where a period of at least five pation or profession within the village not re- (5) subsequent consecutive years without a re- quired to be receiptedhereunder shall be certified ceipt has elapsed in which case the characteristics with the business tax officer by executing an of an initial receipt will apply provided all other information form provided by the Village. The provisions of this article are fully satisfied. Upon purpose of such certification is to provide the payment of such tax, the receipt shall expire at village with information concerning those who the end of the period for which such receipt is are doing business within the village and, where issued as hereinabove specified. appropriate, to assure the village that such per- (Ord. No. 7-81, § 1, 7-23-81; Ord. No. 2006-28, § 6, sons are receipted countywide by the county. The 12-14-06) fee for this certification shall be two dollars ($2.00). Anyone violating this provision by failing to reg- Sec. 17-20. Business tax receipt renewal; de- ister the required information with the business linquency penalty. tax office shall be deemed guilty of a misde- meanor of the second degree. All business tax receipts issued hereunder may (Ord. No. 7-81, § 1, 7-23-81; Ord. No. 2006-28, § 6, be renewed without penalty no later than Septem- 12-14-06) ber 30 by application of the receipt holder. Re- ceipts not renewed by October 1 shall be consid- ered delinquent and subject to a delinquency Sec. 17-18. Application for business tax re- penalty of ten (10) percent of the full year busi- ceipt. ness tax for the month of October, plus an addi- Before the village shall be required to issue a tional five-percent penalty for each month of business tax receipt for engaging in or carrying on delinquency thereafter until paid. The total delin- any of the businesses, professions or occupations quency penalty shall never exceed twenty-five specified and set forth herein, it shall be the duty (25) percent of the full year business tax for that of the applicant to file an application with the applicant, in addition to the business tax set forth business tax officer, such applicant to be in the herein. form required by the village and such applicant (Ord. No. 7-81, § 1, 7-23-81; Ord. No. 2006-28, § 6, shall be required to furnish to the village such 12-14-06) other information not contained in the application State law reference-Delinquency penalties, F.S. as the village manager may require. § 205.053. (Ord. No. 7-81, § 1, 7-23-81; Ord. No. 2006-28, § 6, Sec. 17-21. How tax construed as to speci- 12-14-06) fied professions. Sec. 17-19. Issuance of receipt; duration; The tax provided in section 17-33 for archi- half-year receipt; when due and tects, auctioneers, auditors or accountants, den- payable. tists, draftsmen, civil engineers, lawyers, osteo- paths, chiropractors, chiropodists, phrenologists, All business tax receipts shall expire on the physicians or surgeons, real estate salesmen, or thirtieth day of September of each year. No re- other similar professions, shall be construed to ceipt shall be issued for more than one (1) year. mean that each individual shall pay the tax For each receipt obtained between September 1 herein provided, whether practicing by himself or and March 31, the full tax for one (1) year shall be in partnership or employed by another. paid except as hereinafter provided. For each (Ord. No. 7-81, § 1, 7-23-81) receipt obtained between April 1 and September 1, one-half of the full tax for one (1) year shall be Sec. 17-22. Special permit for nonprofit en- paid except as otherwise provided. Ahalf--year terprise. receipt issued pursuant to the provisions of this The business tax officer shall issue special article, however, shall be granted only as an permits, without payment of any business tax Supp. No. 33 1058 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-25 fees or other charges therefor, to any person or Sec. 17-24. Transfer of receipt to new owner. organization for the conduct or operation of a nonprofit enterprise, either regularly or tempo- Business tax receipts granted or issued under rarily, when he finds that the applicant operates the provisions of this article may be transferred without private profit, for a public, charitable, with the approval and written authorization of educational, literary, fraternal or religious pur- the business tax officer endorsed thereon, with pose. the business for which they were taken out when (1) Application for special permit. An appli- there is a bona fide sale and transfer of the cant for a special permit shall submit an property used and employed in the business, but application therefor to the business tax such transferred receipt shall not be held good for officer, upon forms prescribed by the of- any longer time or any other place than that for facer, and shall furnish such additional which it was originally issued; provided, that the information and make such affidavits as original receipt shall be surrendered and filed the licensing officer shall require. with the business tax officer at the time applica- tion for transfer is made, and such transferred (2) Special permittees must conform. Aper- receipt after being approved shall be of the same son operating under a special permit shall force and effect as the original receipt. At the time operate his nonprofit enterprise in com- any such receipt is transferred, the person apply- pliance with this section and all other ing for such transfer shall pay to the business tax rules and regulations. officer a transfer fee equal to ten (10) percent of (Ord. No. 7-81, § 1, 7-23-81; Ord. No. 2006-28, § 6, the annual business tax but not less than three 12-14-06) dollars ($3.00) and not more than twenty-five State law reference-Exemption for charitable, etc., dO11aTS ($25.00). activities, F.S. § 205.192. (Ord. No. 7-81, § 1, 7-23-81; Ord. No. 15-94, § 1, 7-11-94; Ord. No. 2006-28, § 6, 12-14-06) SeC. 17-23. Declaration where fee depends State law reference-Transfer to new owner, F.S. on variable factors within § 205.043(2). applicant's knowledge. Whenever the amount of the applicable busi- Sec. 17-25. Transfer of receipts to new loca- ness tax depends upon the amount of stock in tion. trade carried by the applicant, or the number of sleeping rooms in a hotel, motel, apartment or Business tax receipts may be transferred from rooming house, etc., or the amount of capital location to location with the approval and written invested in the business, or the number of seats or authorization of the business tax officer endorsed spaces in a restaurant, etc., or the number of thereon, provided no change of ownership has employees, or the number of vehicles, or any other occurred or is in process and the business tax facts not within the personal knowledge of the classification in which the receipt was originally business tax officer, no receipt shall be issued issued remains unaffected, but such transferred until the applicant therefor has made and filed receipt shall not be held good for any longer time with the business tax officer a declaration setting or any other place than that for which it was forth the amount of stock in trade, the number of originally issued; provided that the original re- sleeping rooms, the amount of invested capital, ceipt shall be surrendered to and filed with the the number of seats or spaces, the number of business tax officer at the time application for employees, the number of vehicles, or other facts transfer is made, and such transferred receipt upon which the amount of such tax depends, after being approved shall be of the same force which, to the best of the applicant's knowledge and effect as the original receipt. At the time any and belief, is true, correct and complete. such receipt is transferred, the person applying (Ord. No. 7-81, § 1, 7-23-81; Ord. No. 2006-28, § 6, for such transfer shall pay to the business tax 12-14-06) officer a transfer fee equal to ten (10) percent of Supp. No. 33 1059 § 17-25 NORTH PALM BEACH CODE the annual business tax but not less than three Sec. 17-29. Compliance by principal deemed dollars ($3.00) and not more than twenty-five compliance by agent; noncompli- dollars ($25.00). ante of principal. (Ord. No. 7-81, § 1, 7-23-81; Ord. No. 15-94, § 2, 7-11-94; Ord. No. 2006-28, § 6, 12-14-06) Where the principal, master or employer has State law reference-Transfer to new location, F.S. Complied with the provisions Of this article, it § 205.043(3). shall be unnecessary for his agent, servant or employee to comply herewith, unless otherwise Sec. 17-26. Receipt to be posted or carried. expressly provided for herein; provided, however, that in the event such principal, master or em- All receipts issued hereunder shall be posted in ployer shall not have complied with this article, a conspicuous place on the premises where the each of his agents, servants or employees shall be receipted business is being conducted, either sta- subject to prosecution, and, upon conviction, to tionary or mobile or in case of solicitors and fine or imprisonment to the same extent as his canvassers, said receipt must be carried upon principal, master or employer. their person. (Ord. No. 7-81, § 1, 7-23-81) (Ord. No. 7-81, § 1, 7-23-81; Ord. No. 2006-28, § 6, 12-14-06) Sec. 17-30. Suspension or revocation of re- Sec. 17-27. Duplicate receipts. ceipt; refund of fee. The business tax officer shall make a charge of ~Y business tax receipt hereafter issued by one dollar ($1.00) for each duplicate receipt issued the village may be temporarily suspended or to replace any receipt issued under the provisions absolutely revoked or cancelled by a majority vote of this article which has been lost, stolen, defaced of the village council, when such council shall or destroyed, without any willful conduct on the have ascertained and determined, in the exercise part of the taxpayer, upon the filing by the tax- of its sound discretion, that such action will payer of a statement attesting to such fact. promote the public peace, health, safety, welfare, (Ord. No. 7-81, § 1, 7-23-81; Ord. No. 2006-28, § 6, harmony or good order of the neighborhood in 12-14-06) which the taxpayer's place of business is located; provided, however, that in the case of the revoca- Sec. 17-28. Doing business not covered by tion and cancellation of such receipt, the village refund to such taxpayer the pro rata unearned or receipt; receipt obtained by false unused portion of his business tax, provided, statements void ab initio. further, that no refund shall be made where the No business tax receipt issued under the pro- receipt is temporarily suspended. visions of this article shall protect any person (OTd. No. 7-81, § 1, 7-23-81; Ord. No. 2006-28, § 6, from prosecution for transacting any business, 12-14-06) trade or profession not covered by such receipt, nor shall it protect any merchant doing business Sec. 17-31. Business tax exemptions. with a greater stock in trade than covered by such receipt, or any hotel keeper or rooming house (a) All persons entitled to business tax exemp- keeper having a greater number of rooms than is tions by law in connection with state and county covered by such receipt. Any receipt issued upon receipts shall be entitled to exemption under this any false statement made under oath shall be article. considered as void ab initio and shall not protect the holder thereof from prosecution for transact- (b) Any person entitled to an exemption pro- ing business without a receipt. vided by this section shall, upon application and (Ord. No. 7-81, § 1, 7-23-81; Ord. No. 2006-28, § 6, furnishing of the necessary proof, execute an 12-14-06) affidavit supporting his right to exemption, and Supp. No. 33 1060 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-33 be issued a receipt which shall have plainly Ornamental shrub and tree ser- stamped or written across the face thereon the vice 110.00 reason for exemption. (Ord. No. 7-81, § 1, 7-23-81; Ord. No. 2006-28, § 6, Building construction-Contractors 12-14-06) as defined by the Contractors Li- censing Board of Palm Beach Sec. 17-32. Engaging in business without re- County 132.00 ceipt or under receipt issued on TRANSPORTATION false statements. Local trucking 93.00 It shall be unlawful for any person to engage in any business, profession or occupation required to Taxi cabs: be receipted hereunder without a receipt or under Each place or business 66.00 a receipt issued upon false statements made by such person, or in his behalf. Any person engaged Each vehicle 66.00 in any such business, profession or occupation Water transportation of passengers. 66.00 without first obtaining a receipt, if required herein, shall pay a penalty of twenty-five (25) percent of Marinas (also see retail) each space the full year business tax for such trade, in (minimum $55.00); each......... 3.30 addition to the business tax fee set forth herein. Water transportation services NEC. 66.00 In any original prosecution under this section, Arrangement of passenger transpor- the fact that such person is open for business, tation 164.50 shall be prima facie evidence of engaging in such trade, business, profession or occupation, and the Arrangement of freight/cargo trans- burden shall be upon the defendant to rebut the portation 164.50 same. (Ord. No. 7-81, § 1, 7-23-81; Ord. No. 2006-28, § 6, COMMUNICATIONS 12-14-06) Radiotelephone communications 176.00 Sec. 17-33. Business tax schedule. Telephone company (franchise)..... 66.00 The amount which shall be paid by the several Telephone communication except ra- firms, persons or associations engaging in or diotelephone 176.00 managing businesses, professions or occupations Telegraph 478.50 for which a receipt is required is hereby fixed as follows: Radio/television broadcasting 412.50 AGRICULTURAL SERVICES Cable and other pay television ser- Veterinary Services: vices 412.50 Veterinary service from a truck $ 132.00 ELECTRIC, GAS AND SANITARY SERVICES Veterinary service to animal spe- Electric services (franchise) 578.50 cialities 132.00 Natural gas transmission (franchise) 578.50 Animal specialty services, except veterinar 132.00 Natural gas distributors 578.50 y Liquified petroleum distributors 578.50 Landscape counseling and plan- ning 132.00 Water supply (franchise)........... 578.50 Lawn and garden service........ 110.00 Sanitary sewer services (franchise) . 578.50 Supp. No. 33 1060.1 § 17-33 NORTH PALM BEACH CODE WHOLESALE TRADE (See RETAIL) FINANCE, INSURANCE, REAL ESTATE Wholesale trade -durable goods: Depository institution 297.00 Inventory value cost -not exceed- Non-depository institution 297.00 ing $1,000.00 38.50 Each additional $1,000.00....... 9.45 Security and commodity brokers/ dealers 716.00 RETAIL TRADE Brokers sales agent 37.50 Retail store: INSURANCE Inventory value cost -not exceed- Insurance carriers 132.00 ing $1,000.00 38.50 Each additional $1,000.00....... 9.45 Insurance agents, broker service 132.00 Filling station, marine/auto/other: Insurance sales agent 132.00 1-4 dispensers 93.00 REAL ESTATE Each additional dispenser 27.00 Real estate operator ($54.50 mini- Eating place ($54.50 minimum) each mum): seat 2.70 Base (1-5 sleeping rooms) 15.75 Drinking place (alcoholic drinks) Each additional room 3.30 ($54.50 minimum) each seat..... 2.70 Real estate agents and manager 132.00 Food service - no seats 132.00 Real estate sales agent 37.50 Non-store retail Title abstract office 132.00 Catalog and mail order 132.00 Automatic merchandise machines Land subdividers and developers 186.50 operator 280.00 Holding and other investment of- Each machine 32.50 f"ices 297.00 Fuel oil dealer 132.00 SERVICES LP gas dealer (bottled gas) 132.00 Direct selling -each person/ Hotels, rooming houses, etc. ($54.50 minimum): vehicle 132.00 Solicitor/canvasser each: Base (1-5 sleeping rooms) 16.50 Per year 346.50 Each additional sleeping room... 3.30 Each canvasser 115.50 Personal Services: Retail store NEC: Laundry, cleaning, garment ser- Florist 132.00 vice....................... 132.00 Tobacco store 132.00 Coin operated laundry, dry clean- News dealer/news stand 132.00 ing 132.00 Optical goods store 132.00 Operator 1-20 machines... 132.00 Miscellaneous Retail Store NEC (Con- Each additional machine 6.50 signment, Pawn) 132.00 Photographic studio, portrait 132.00 Supp. No. 33 1060.2 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-33 Beauty shop 132.00 Car wash......................... 132.00 Each state licensed operator 37.50 MISCELLANEOUS REPAIR SERVICES Barber shop 132.00 Misc. repair services store 132.00 Each state licensed operator 37.50 Misc. repair services from a truck 66.00 Shoe repair shop 132.00 Funeral service 297.00 Misc. repair services with retail store 66.00 Additional for ambulance ser- MOTION PICTURES vice 186.50 Tax preparation service 132.00 Motion picture production/distribu- tor 132.00 Miscellaneous personal service Motion picture theatre/drive-in..... 275.00 NEC 132.00 Advertisin a enc 132.00 Plus per seat/per space.......... 0.49 g g Y Consumer credit reporting/collec- AMUSEMENT AND RECREATION SERVICE tion 132.00 Dance studios 132.00 Mailing, reproduction, commer- Theatrical producers 132.00 cial art and stenographic ser- vice 132.00 Bowling center (1-5 alleys) 132.00 Service to dwellin s 132.00 Each additional alley 37.50 g Miscellaneous equipment rentaU Commercial sports 186.50 leasing 132.00 physical fitness facilities 132.00 Personnel supply service 132.00 Coin operated amusement device op- Computerprogramming, data pro- erator 280.00 cessing 132.00 plus each machine.............. 32.50 Miscellaneous business service NEC 132.00 Amusement and recreation services NEC 132.00 Business services NEC.......... 132.00 Fortune teller -fee charged 1,267.00 Telemarketing 186.50 No fee charged - contribu- Plus each phone 37.50 tion 2,205.00 AUTO SERVICE/REPAIR Phrenologist -fee charged 1,487.50 Auto rental 132.00 No fee charged - contribu- tion 2,205.00 Auto repair shop: 2 persons 37.50 HEALTH SERVICES 3-4 persons 59.50 Licensed practitioner each 132.00 5-6 persons 110.00 Nursing and personal care facility.. 186.50 7-10 persons 176.00 Hospital.......................... 186.50 11-20 persons 220.00 Medical and dental laboratory 186.50 More than 21 persons 363.00 Home health care 132.00 Supp. No. 33 1060.3 § 17-33 NORTH PALM BEACH CODE Miscellaneous health services NEC. 132.00 Facility support management ser- vices 132.00 LEGAL SERVICES Business consulting services NEC 132.00 Attorneys each 132.00 (Ord. No. 7-81, § 1, 7-23-81; Ord. No. 7-90, § 1, 4-12-90; Ord. No. 18-90, § 1, 6-28-90; Ord. No. EDUCATIONAL SERVICES 15-94, § 3, 7-11-94; Ord. No. 37-96, § 1, 9-26-96; Elementary and secondary school 132.00 Ord. No. 27-2000, § 1, 9-28-00; Ord. No. 29-2003, § 1, 10-23-03; Ord. No. 2006-28, § 6, 12-14-06) Vocational school 132.00 Schools and educational services NEC 132.00 Sec. 17-33.1. Marking of commercial vehi- cles. SOCIAL SERVICES (a) It shall be the duty of every person doing Individual and family services 132.00 business within the village, to have each and every truck or other vehicle used on a job within Job training service 132.00 the village painted with or otherwise display the Child care facility (Fla. Statute) . 154.00 name of the person owning same, together with Family day care (Fla. Statute) 59.50 the business address, and the telephone number of the place of business. Community residential home (Fla. Statute) 154.00 (b) Each such vehicle shall be lettered either on the door or on the body in such a manner as to Social services NEC 132.00 be legible. Membership organizations 132.00 (Ord. No. 7-81, § 1, 7-23-81) ENGINEERING, ACCOUNTING, RESEARCH ARTICLE III. BUSINESSES LOCATED MANAGEMENT OUTSIDE VILLAGE LIMITS Engineering, architectural and sur- veying -each practitioner . 132.00 Sec. 17-34. Certificate of business regula- Residential designer 132.00 tion required; basis of one year. Pursuant to section 166.221, Florida Statutes, ACCOUNTING, AUDITING AND BOOKKEEP- a regulatory fee is hereby imposed by the village ING SERVICES in the respective amounts set forth in section Accounting/bookkeeping service 132.00 17-33 of the Code, for the regulation of any business, profession and occupation carried on Certified public accountant each 132.00 within the municipal boundaries of the village when such business, profession and occupation RESEARCH, DEVELOPMENT AND TESTING does not have a place of business within the SERVICES village. This regulation is instituted and is re- Research, development and testing lated to consumer protection afforded the citizens of the village and such classes of business, profes- services 132.00 Sion and occupation whose regulation has not MANAGEMENTAND PUBLIC RELATIONS SER- been preempted by the state or county and to VICES protect the general welfare, safety and public health and morals of the residents of the village. Management services 132.00 Unless otherwise stated, the amount of such Management consulting services 132.00 regulatory fee specified shall be on the basis of one (1) year. Public relations services 132.00 (Ord. No. 7-81, § 1, 7-23-81) Supp. No. 33 1060.4 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-34.3 Sec. 17-34.1. Registration required. Any person who engages in any business, occu- pation or profession within the village not re- quired to obtain a certificate of regulation as herein provided such as general contractors and subcontractors, shall be certified with the licens- ing officer of the village by executing an informa- tion form provided by the village. The purpose of such certification is to provide the village with information concerning those who are doing busi- ness within the village and, where appropriate, to assure the village that such persons are licensed countywide by the county. The fee for this certifi- cation shall be two dollars ($2.00). Anyone violat- ing this provision by failing to register the re- quired information with the licensing officer shall be deemed guilty of a misdemeanor of the second degree. (Ord. No. 7-81, § 1, 7-23-81) Sec. 17-34.2. Application for certificate of regulation. Before the village shall be required to issue a certificate of regulation for engaging in or carry- ing on any of the businesses, professions or occu- pations specified and set forth herein, it shall be the duty of the applicant to file an application with the licensing officer, such application to be in the form required by the village and such appli- cant shall be required to furnish to the licensing officer such other information not contained in the application as the village manager may re- quire. (Ord. No. 7-81, § 1, 7-23-81) Sec. 17-34.3. Issuance of certificate of regu- lation; duration; half-year cer- tificate; when due and payable. All certificates of regulation shall expire on the thirtieth day of September of each year. No cer- Supp. No. 33 1060.5 OFFENSES AND MISCELLANEOUS PROVISIONS § 19-114 public health, safety and ultimate convenience, Sion and muffling devices to eliminate annoyance may apply to the village manager or his represen- and disturbance to persons within the range of tative for a special permit. Such permits, if granted, hearing as set forth in this article. shall be limited to a certain period, but may be renewed for additional periods if the emergency (b) The director of community development or need therefor continues. In the issuance of such shall require compliance with all reasonable sound permits the village manager or his designated abatement measures and sound screening which representative shall weigh all facts and circum- may be necessary to prevent all existing and new stances and shall determine whether the reasons fixed mechanical equipment, including, but not given for the urgent necessity are valid and rea- limited, to air conditioning equipment, from cre- sonable, whether the public health, safety and ating excessive, unnecessary or offensive noise. ultimate convenience will be protected or better All new air conditioning equipment hereafter served by granting the permit requested, and installed in the village shall carry the manufacturers certification of the sound rating, whether the manner and amount of loss or incon- as determined by the applicable standards of the venience to the party in interest imposes a signif- Air Conditioning and Refrigeration Institute or icant hardship. Upon an affirmative finding of the the American Society of Heating, Refrigeration foregoing considerations, the village manager or and Air-Conditioning Engineers. If the sound rat- his designee is authorized to issue the permit ing value of an air conditioning unit is such that requested and any extensions thereof, as may be the sound level created by its operation is in required. Any person aggrieved by the decision of conflict with the provisions of section 19-118, the village manager or his designated represen- adequate noise suppression and muffling devices tative may appeal the decision of the village shall be provided to reduce noise level to within manager to the village council. the allowable limits. All pertinent information (b) It shall be unlawful for any person to cause and data as to the sound ratings of such equip- ment shall be furnished to the department of or permit the use of any power-driven machinery, public services at the time the application for the tools or equipment in any portion of the village building permit is made. zoned and designated as a residential district or (Code 1970, § 22-14; Ord. No. 5-75, § 1, 6-12-75; section other than between the hours of 8:00 a.m. Ord. No. 2006-24, § 2.G.1, 11-9-06) and 6:00 p.m. on weekdays and between the hours of 12:00 noon and 6:00 p.m. on Sundays. Power mowers shall be used only between the hours of Sec. 19-113. Noise measurement procedure. 8:00 a. m. and 8:00 p.m. weekdays, and on Sun- For the purpose of determining and classifying days only between the hours of 12:00 noon and any noise as unnecessary, excessive or offensive or 8:00 p.m. as an unusually loud noise, which is hereby (Code 1970, § 22-13; Ord. No. 5-75, § 1, 6-12-75; declared to be unlawful and prohibited by this Ord. No. 17-76, § 2, 9-23-76) article, the requirements of section 19-118 maybe Cross reference-Buildings and building regulations, applied; provided however, a violation of this Ch. 6. article may occur without the occasion of the measurements being made as hereinafter pro- Sec. 19-112. Fixed mechanical equipment. vided if circumstances are such that a violation would be obvious to a reasonable, prudent person. (a) It shall be unlawful to create any excessive (Code 1970, § 22-15; Ord. No. 5-75, § 1, 6-12-75; or unnecessary loud noise in excess of the limits of Ord. No. 34-2000, § 2, 11-9-00) section 19-118 by the use or operation of any fixed mechanical equipment including, but not limited Sec. 19-114. Periods of observation. to, air conditioners, compressor units, power fans or blowers or the electric motor or any engine All periods of observation made hereunder shall used to drive such device, and such noise shall be be determined with regard to the character of the muffled and deadened by adequate noise suppres- noise being measured, and the particular instru- Supp. No. 33 1233 § 19-114 NORTH PALM BEACH CODE ment used to make the measurement, and shall (2) If the noise is found to be in violation of be made in accordance with the standards con- this article, a police officer or designated tained in ANSI 51.13-1971, as amended, of the person in the department of community American National Standards Institute. development may give a warning to the (Code 1970, § 22-16; Ord. No. 5-75, § 1, 6-12-75) person or persons responsible for the un- Sec. 19-115. Voluntary compliance. necessary, excessive or offensive noise. The village will permit, whenever possible, (3) If enforcement action is deemed neces- those persons creating excessive and unusually sary by the department of public safety, loud noise to conform to the standards as pro- the person in possession or control of the vided in this article through voluntary compli- cause of the unnecessary, excessive or offensive noise may be arrested by the ante within a reasonable time. department of public safety and charged (Code 1970, § 22-17; Ord. No. 5-75, § 1, 6-12-75) with violating this article. In the case of Sec. 19-116. Enforcement-Authority. enforcement action by the department of (a) The provisions of this article except those community development, a notice of vio- requiring the use of a decibel meter shall be lation shall be issued requiring the respon- enforced by the department of public safety. Bible party to appear before the code en- forcement board. (b) The provisions of this chapter involving (Code 1970, § 22-19; Ord. No. 5-75, § 1, 6-12-75; stationary mechanical noise source control and Ord. No. 34-2000, § 4, 11-9-00; Ord. No. 2006-24, complaints and any authority and responsibility § 2.G.3, 11-9-06) SpeClflcally designated t0 the dlrectOT Of COmmu- Cross reference-Administration generally, Ch. 2. nity development shall be investigated and en- forced by the department of community develop- Sec. 19-118. Noise control measurement ment. Specifically, where the use of a decibel standards for fixed mechanical meter is needed to determine sound levels, the equipment. department of community development shall in- The noise from any fixed mechanical equip- vestigate and enforce the article. The department ment within the meaning of the applicable zoning of public safety shall assist the department of district classifications of the village shall be deemed community development when requested to do so. to be excessive, unnecessary and unusually loud if (Code 1970, § 22-18; Ord. No. 5-75, § 1, 6-12-75; the total noise level as measured on the A-scale Ord. No. 34-2000, § 3, 11-9-00; Ord. No. 2006-24, due to both ambient noise level and the alleged § 2.G.2, 11-9-06) source of the unnecessary, offensive or excessive Sec. 19-117. Same-Procedure. noise exceeds the noise levels which are herein prescribed, the measurement of which is based (a) Operating motor vehicle noise enforcement. upon decibels, i.e. 0.0002 microbar, and day con- The procedure for enforcing operating motor ve- ditions referring to the time between 7:00 a. m. hicle noise standards shall be established in F.S. and 10:00 p. m. and night conditions referring to 316.272 and 316.293, and applicable rules and the time between 10:00 p.m. and 7:00 a. m. All regulations of the state department of environ- such measurements as well as the method em- mental regulation with the cooperation of the ployed shall be consistent with the regulations of state department of highway safety and motor the American National Standards Institute or its vehicles. successor bodies and shall represent the A- (b) All other noises. In all other cases, the weighted sound pressure level which is exceeded procedure for enforcing provisions of this chapter fifty (50) percent of the time (L50) during the shall be as follows: observation period as described in the definition (1) Apolice officer or designated person in the of "ambient noise" in section 19-99 of this article. department of community development (1) At no point on the boundary of or within a shall investigate and determine if a viola- residential area zoned R-1, R-2 or R-3, tion has or is occurring. according to the zoning code of the village Supp. No. 33 1234 OFFENSES AND MISCELLANEOUS PROVISIONS § 19-210 tense. For any alarm system existing prior to the (8) The name, address and telephone number effective date of the ordinance from which this of the person or entity providing mainte- article derived, an alarm permit application shall nance and repair service to the alarm; be made within sixty (60) days from notification by the village to the alarm user. Alarm system (9) ~ agreement by the alarm user, binding permits shall first issue for the period from Au- upon the alarm user's heirs and succes- gust 1, 1993, to January 1, 1995, and on an sors in interest, to promptly pay or law- annual basis thereafter. fully contest any penalties assessed against (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, the alarm user for an excessive number of 4-22-93; Ord. No. 14-93, § 1, 6-10-93) false alarms as described in this article. Sec. 19-209. Application for alarm system (b) An amended application shall be filed within ten (10) days after any change in the information permit. provided in the application. Upon such amend- (a) Applications for alarm system permits shall ment, a new alarm permit shall be issued without be made to the director of public safety on forms charge or fee. provided by the public safety department. The application shall be signed by the alarm user and (c) Failure to comply with any items in section shall provide the following information: 19-209(a), and (b), shall result in a service fee of twenty-five dollars ($25.00) per incident. This fee (1) Name, address and telephone number of shall be assessed at time of discovery unless, it is the alarm user; being disclosed at time of permit renewal. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, (2) Address and telephone number of the 4-22-93) alarm user's premises or building to be served by the alarm; Sec. 19-210. Term of permit; fee; nontrans- (3) The name, address and telephone number ferable. of the person or persons in charge of the premises or building served by the alarm; (a) An individual alarm system permit shall be issued to single family residences. (4) If not the alarm user, the name, address and telephone number of the property (b) An individual alarm system permit shall be owner; issued to any occupant of a multi-unit dwelling or (5) The names, address and telephone num- commercial building wishing to install aperson- bers of two (2) persons that shall respond alized alarm system within the building already to assist public safety personnel at the permitted for is controlled by a single person or site of the alarm in case of problems. entity residing or leasing within the building, These persons mustbe available for twenty- that may already possess an alarm system permit four (24) hour per day contact and re- as described in section 19-210(c). spond within one (1) hour if requested. (c) In multi-unit structures, whether residen- These persons are required to possess the tial or commercial, an individual alarm system authority to access and inspect the pre- permit shall be issued for an alarm system that is mises in order to evaluate any problems used as a common alarm system throughout the and make an official report if necessary. premises. (6) The name, address and telephone number of the person or entity installing the alarm; (d) The alarm system permit shall be issued the alarm user by the director of public safety (7) The name, address and telephone number prior to the alarm system being placed into ser- of the person or entity monitoring the vice. The fee for this permit is twenty-five dollars alarm; ($25.00) and shall be renewed each calendar year. Supp. No. 33 1239 § 19-210 NORTH PALM BEACH CODE (e) The public safety department shall issue a Sec. 19-212. Excessive false alarms declared decal specifying the permit number with each a public nuisance. permit issued. The alarm user shall post the The emission of false alarms within the calen- initial decal prominently on or near the front entrance to the premises such that the permit dar year as cited in section 19-213(1) and (2) is number provided on the decal is visible from excessive and constitutes a serious public nui- outside the structure. sance, and is hereby declared to be unlawful and a violation of this section. No person shall allow, (f) Any alarm system permit issued pursuant permit, cause, or fail to prevent, the emission, for to this article shall not be transferable or assign- any reason, by any alarm used by him, or any able and shall cover only one (1) building or alarm serving premises or a building occupied premises. and controlled by such person, of more false (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, alarms as cited in section 19-213(1) and (2) within 4-22-93; Ord. No. 36-2000, § 1, 11-14-00) the calendar year. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, Sec. 19-211. Issuance of alarm system per- 4-22-93) mit. Sec. 19-213. False alarm service charge; col- An alarm system permit shall be issued to the lection. alarm user by the director of public safety within ~ alarm user shall pay the following fees to thirty (30) days after receipt of the completed the village for responses to excessive false alarms application by the director of public safety. An by the public safety department within the calen- alarm system permit shall be denied if: dar year. (1) The requested information is not supplied Residential properties: on the application. (1) In a single alarm user premise, there (2) Material information on the application is shall be no charge for a response to the incorrect. first three (3) alarms within the calendar (3) Any person or entity listed on the appli- year. cation under subsections 19-209(a)(6) (2) In a multi-unit structure where an alarm through (8) does not possess any required system permit has been issued fora com- business tax receipt or regulatory license mon alarm system, the no charge sched- to conduct activities required by subset- ule of service fees reference false alarms tions 19-209(a)(6) through (8), unless the within the calendar year scale will be as person or entity is the alarm user. follows: The department of public safety shall give notice of the permit expiration date and need for re- 2-20 units -Three (3) no charge newal, with a due date specified in said notice. false alarms Application for renewal will require atwenty-five- 21-40 units -Four (4) no charge dollar permit renewal fee and updated informa- tion required in subsections 19-209(a)(1) through false alarms (9). Failure to return the renewal application and 41-60 units -Six (6) no charge false renewal fee by the due date specified in the notice alarms shall result in a twenty-five-dollar late fee being 61-80 units -Eight (8) no charge assessed. false alarms (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 81-100 units -Ten (10) no charge 4-22-93; Ord. No. 13-2001, § 1, 5-10-01; Ord. No. false alarms 17-2004, § 1, 7-22-04; Ord. No. 2006-28, § 7, 101-120 units -Twelve (12) no charge 12-14-06) false alarms Supp. No. 33 1240 OFFENSES AND MISCELLANEOUS PROVISIONS § 19-217 trunk line of the public safety department or any other department or bureau of the village, and 121 or more units -Fifteen (15) no charge then reproduces any prerecorded message to re- false alarms port any burglary, unauthorized entry or other Commercial; industrial properties: emergency. Any such alarm system shall be dis- connected and its use discontinued within sixty There shall be no charge for a response to the (60) days of enactment of this article [Ordinance first three (3) alarms within the calendar year for 11-93]. a commercial or industrial property. For residential properties, there shall be a (b) No person shall provide alarm service sys- service fee charge of fifty dollars ($50.00) for tem programmed to a central alarm reception response to any false alarm in excess of the office unless it shall have the central office staffed allotted no charge false alarms within the Galen- at all times, twenty-four (24) hours a day, includ- dar year. For a commercial or industrial property, ing holidays. there shall be a service fee charge of one hundred dollars ($100.00) for response to any false alarm (c) Any staff member of a private alarm service in excess of the allotted no charge false alarms system reporting an alarm activation to which the within the calendar year. public safety department response is requested shall identify himself and state the name and The director of public safety shall keep a record telephone number of the alarm business by which of whenever a false alarm has been responded to such response is requested. by the public safety department, and shall note (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, the frequency of such false alarms for each alarm 4-22-93) user. The public safety department shall notify each alarm user. The public safety department Sec. 19-216. Audible alarms. shall notify each alarm user of the service fee charges to be paid within thirty (30) days after All alarms which may be heard in any public demand. If the alarm user fails to comply with place shall be equipped and maintained to auto- this notice, the public safety department will matically cut off no longer than thirty (30) min- notify the village clerk to send notice for the utes after being set off. alarm user to appear before the code enforcement board. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93) (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93; Ord. No. 26-2003, § 1, 9-25-03) Sec. 19-217. Enforcement through code en- Sec. 19-214. Penalty. forcement board. Any person who shall violate the provisions of The director of public safety may initiate action this article shall, upon conviction thereof, be before the code enforcement board of the village to punished as provided in section 1-8 of this Code. obtain compliance with this article. Any notices of (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, appearance before the code enforcement board 4-22-93) shall be sent to both the alarm user and property Sec. 19-215. Interference with public safety owner, if different, on the authority of the code department telephone trunk enforcement board through the village clerk's lines prohibited; alarm busi- office. The board shall have authority to place a ness central office required; lien against the property served by the criminal detection or fire alarm systems in the amount of identification required. all service charges assessed by the village pursu- (a) No person shall use or cause to be used a ant to section 19-213 above. If the alarm user and telephone or electronic device or attachment that property owner are different, the code enforce- automatically selects a public primary telephone ment board shall have authority to proceed against Supp. No. 33 1241 § 19-217 NORTH PALM BEACH CODE the alarm user who receives written notice even present proof to the village in the form of a though the director of public safety has been returned receipt of such notification to the county unable to serve notice upon the property owner. department of environmental resources manage- The village may proceed by a suit in a court of ment. proper jurisdiction to collect such service fee charge (Ord. No. 22-90, § 1, 6-28-90; Ord. No. 2006-28, § 8, 12-14-06) after demand therefore has been made by the Cross reference-Licenses and miscellaneous business village and the alarm user has failed to pay same regulations, Ch. 17. within thirty (30) days after such demand. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93) Sec. 19-218. Exemptions. This article shall not apply to any alarms attached to motor vehicles or attached to any publicly owned property. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93) Sec. 19-219. Alarm user standards. All alarm systems installed within the village shall meet or exceed the standards of, and be listed, by, Underwriters Laboratory, Inc., and the Standards of the National Fire Protection Associ- ation. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93) ARTICLE XI. WELLFIELD PROTECTION Sec. 19-220. County wellfield protection or- dinance adopted by reference. The village adopts, by reference, the county wellfield protection ordinance (Ordinance No. 88- 71). (Ord. No. 22-90, § 1, 6-28-90) Sec. 19-221. Regulation of business activi- ties with potential to contami- nate land and water resources. A business must notify the county department of environmental resources management of its intent to use, store and/or dispose of those haz- ardous or toxic substances cited in the county wellfield protection ordinance. This requirement shall be implemented and monitored through the annual renewal of village business tax receipts. At the time of annual renewal, the applicant shall [The next page is 1289] Supp. No. 33 1242 PLANNING AND DEVELOPMENT § 21-44 to assume such reasonable costs in connection (b) Establishment of management/monitoring with appeals as may be determined by the gov- and regulatory program. This objective is accom- erningbody through action in setting of fees to be plished by: charged for appeals. (1) Establishing a management and monitor- (h) Judicial review of decisions of board. Any ing system to evaluate and coordinate the person or persons, jointly or severally, aggrieved timing and provision of the necessary by any decision of the board of adjustment, or any public facilities to service development, officer, department, board, commission or bureau and of the governing body, may apply to the circuit court in the judicial circuit where the board of (2) Establishing a regulatory program that adjustment is located for judicial relief within ensures that each public facility is avail- thirty (30) days after rendition of the decision by able to serve development concurrent with the board of adjustment. Such an appeal shall not the impacts of development on the public be a hearing de novo, but shall be limited to facilities, or that development orders are appellate review of the record created before the conditioned on the availability of public board of adjustment. facilities to serve the development concur- (Ord. No. 6-77, § 3, 4-28-77; Ord. No. 4-86, § 4, rent with the impacts of development on 4-24-86; Ord. No. 19-2004, § 1, 7-22-04) the public facilities. Secs. 21-22-21-40. Reserved. (c) Minimum requirements. The provisions of this article in their interpretation and application are declared to be the minimum requirements ARTICLE IV. CONCURRENCY necessary to accomplish the stated intent, pur- MANAGEMENT* poses, and objectives of this article. (Ord. No. 16-90, § 2, 6-28-90) Cross reference-Adoption of comprehensive plan, § 21- Sec. 21-41. Short title. ol. This article shall be known and maybe cited as "The Village of North Palm Beach Adequate Pub- Sec. 21-44. Definitions. lic Facilities (Concurrency) Ordinance." (Ord. No. 16-90, § lA, 6-28-90) [The following words, terms and phrases, when used in this article, shall have the meanings Sec. 21-42. Application. ascribed to them in this section, except where the context clearly indicates a different meaning:] This article shall apply to all developments in the total incorporated area of the village. Adequate public facilities determination means (Ord. No. 16-90, § 1B, 6-28-90) a determination approved by the director of com- munity development, pursuant to the terms of Sec. 21-43. Intent and purpose. this article, that serves as a conditional statement that, based upon existing public facility capacity (a) Implementation of comprehensive plan. This and planned public facility capacity, adequate article is intended to implement and be consistent public facilities are thought to be available to with the village comprehensive plan, F.S. chapter serve development at the time of the approval of 163, and rule 9J-5, F.A.C., by ensuring that all the adequate public facilities determination. A development in the village is served by adequate subsequent application for a development permit public facilities. for development that has been approved based upon adequate public facilities determination shall *Editor's note-Ordinance No. 16-90, adopted June 28, 1990, did not specifically amend this Code; hence, inclusion of be required to receive anew adequate public 1 s as Art. IV, 21-41 21-46, was at the discretion of the facilities determination, or certificate of concur- editor. rency reservation, whichever is appropriate. Supp. No. 33 1349 § 21-44 NORTH PALM BEACH CODE Application for development permit means an concurrency reservation was approved has not application submitted to North Palm Beach re- expired, and the development is not altered to questing the approval of a development permit. increase the impact of development on public Capital improvement element means the capi- facilities. tal improvement element of the North Palm Beach Comprehensive plan means a plan that meets comprehensive plan adopted November 9, 1989 the requirements of F.S. sections 163.3177 and pursuant to F.S. chapter 163. 163.3178, and shall mean the Village of North Capital recreation and open space facilities Palm Beach Comprehensive Plan, as amended, means the planning of, engineering for, acquisi- where referenced in this article. tion of land for, or construction of buildings and park equipment necessary to LOS for capital Conditional certificate of concurrency reserva- recreation and open space facilities. tion means an application for a certificate of concurrency reservation considered in conjunc- Capital road facilities means the planning of, tion with a development agreement that is condi- engineering for, acquisition of land for, or construc- tionally approved by the building official pursu- tion of roads on the major road network system ant to the terms of this article as a conditional necessary to meet the LOS for capital road facil- certificate of concurrency reservation. A condi- ities. tional certificate of concurrency reservation shall Capital potable water facilities means the plan- be approved, if it is demonstrated that: ning of, engineering for, acquisition of land for, or (1) Existing available public facility capacity construction of potable water facilities necessary up to an amount sufficient to serve the to meet the LOS for capital potable water facili- proposed development has been reserved; ties. Capital sanitary sewer facilities means the (2) There is reasonable likelihood that the planning of, engineering for, acquisition of land balance of the public facility capacity needed for the proposed development can for, or construction of sanitary sewer facilities be provided pursuant to a development necessary to meet the LOS for capital sanitary agreement; and sewer facilities. Capital solid waste facilities means the plan- (3) A request has been made for consider- ning of, engineering for, acquisition of land for, or ation and approval of a development agree- construction of solid waste facilities necessary to ment concurrent with the application for meet the LOS for capital solid waste facilities. development permit to accommodate the balance of public facility capacity needs Capital storm drainage facilities means the for the proposed development. planning of, engineering for, acquisition of land for, or construction of storm drainage facilities Developer means any person, including a gov- necessary to meet the LOS for capital storm ernment agency, undertaking any development as drainage facilities. defined in this article. Certificate of concurrency reservation means a Development has the meaning given it in F.S. certificate approved by the director of community chapter 380. development pursuant to the terms of this article that constitutes proof of adequate public facilities Development agreement means an agreement to serve the proposed development. A subsequent entered into between a local government and a application for a development permit for develop- person associated with the development of land, ment for which a certificate of concurrency reser- including, but not limited to, development agree- vation has been approved, shall be determined to menu pursuant to F.S. chapter 163, or an agree- have adequate public facilities as long as the ment on a development order issued pursuant to development order for which the certificate of F.S. chapter 380. Supp. No. 33 1350 PLANNING AND DEVELOPMENT § 21-44 Development order means any decision by the LOS for capital road facilities means the aver- village council or appropriate village staff grant- age annual daily/peak hour LOS standards, con- ing, denying or granting with conditions a devel- sistent with the Florida Department of Transpor- opment permit in response to an application. tation minimum acceptable operating levels of service standards, shall be as follows: Development permit includes any rezoning, spe- cial permit, site plan, subdivision plat, building (1) County Road A-1-A-D/D; permit, or any other official action of the village regarding the development of land. (2) Prosperity Farms Road - D/D; Level of service (LOS) means an indicator of the (3) Highway No. 1 and Northlake Boulevard - D/D; and extent or degree of service provided by, or pro- posed to be provided by a public facility based on (4) Lighthouse Drive - D/D and related to the operational characteristics of the public facility. The evaluation of current and proposed levels of service on functionally grouped roadways shall be LOS for capital potable water facilities means a based upon Level-of-Service D traffic volumes in minimum of ninety-nine (99) gallons/capita/day Tables 4-1 and 4-2 of the Village Comprehensive for average daily water consumption for residen- Plan. tial; one thousand eight hundred seventy-four (1,874) gallons/acre/day for average daily water LOS for capital sanitary sewer facilities means consumption for nonresidential (which includes a minimum of sixty-six (66) gallons/capita/day for commercial, public buildings, educational and other residential and one thousand sixty (1,060) gallons/ public buildings); one hundred forty-seven (147) acre/day for nonresidential (which includes com- gallons/capita/day residential and two thousand mercial, public buildings, educational and other seven hundred eighty-two (2,782) gallons/acre/ public buildings) for average day sewage genera- day nonresidential maximum per-day consump- tion rate; and one hundred four (104) gallons/ tion; and a storage capacity of the average daily capita/day for residential and one thousand seven flow x 0.5. hundred twenty-one (1,721) gallons/acre/day for maximum day sewage generation rate. LOS for capital recreation and open space fa- cilities means level of service standards as fol- LOS for capital solid waste facilities means an lows: average generation rate of 0.926 tons/capita/year for single-family residential, 0.588 tons/capita/ Unit Population year for multiple-family residential, and six (6.0) Neighborhood parks 2 ac/1,000 tons/acre/year for nonresidential. Community parks 1 ac/1,000 Beaches 1 mile/31,250 LOS (interim) for capital storm drainage facil- Marinas 1 slip/2,500 ities means standards to accommodate the follow- Boating 1 ramp/6,250 ing storm flow criteria: three-year frequency, twen- Golf courses 9 holes/30,000 ty-four-hour duration (one-day); rainfall intensity Swimming 1 pooU31,250 curve, as established by the South Florida Water Tennis 1 court/6,250 Management District. Basketball 1 court/6,250 Public facilities mean capital potable water Shuffleboard 1 court/6,250 facilities, capital recreation and open space facil- BasebalUsoftball 1 field/7,200 ities, capital road facilities, capital sanitary sewer FootbalUsoccer 1 field/4,800 facilities, capital solid waste facilities and capital HandbalUracquetball 1 court/6,000 storm drainage facilities. Playground areas 1 area/3,600 (Ord. No. 16-90, § 3, 6-28-90; Ord. No. 35-97, § 1, Volleyball 1 court/7,200 g_14-97 ;Ord. No. 2006-24, § 2.H.1, 11-9-06) Supp. No. 33 1351 § 21-45 NORTH PALM BEACH CODE Sec. 21-45. Adequate public facilities to be lic facilities available to serve the available to service development. development concurrent with the im- In order to implement the provisions of the pacts of development on the public North Palm Beach Comprehensive Plan to ensure facilities, or that adequate potable water, sanitary sewer, road, b. No development orders are issued solid waste, drainage, recreation and open space unless they are conditioned on the public facilities are available to accommodate availability of public facilities to serve development in North Palm Beach concurrent the development concurrent with the with the impacts of development on such public impacts of development on the pub- facilities, the village council establishes, pursuant lic facilities. to the terms of this article: (b) Annual public facilities update report (AUR). (1) A management and monitoring program By March 1 of each year, beginning in 1991, the that evaluates the conditions of public village manager shall complete and submit to the facilities to ensure they are being ade- village council an annual public facilities update quately planned for and funded to main- report (hereinafter "AUR") for the period ending tain the LOS for each public facility, and September 30. The AUR shall determine the (2) A regulatory program that ensures that existing conditions of all potable water, recreation each public facility is available to serve and open space, road, sanitary sewer, solid waste development concurrent with the impacts and storm drainage public facilities, determine of development on such public facilities, and summarize the available capacity of these or that development orders are condi- public facilities based on their LOS, and forecast tinned on the availability of public facili- the capacity of existing and planned capital im- ties to serve the development concurrent provements identified in the five-year capital im- with the impacts of development. provement schedule for each of the five (5) suc- (Ord. No. 16-90, § 4, 6-28-90) ceeding years. The forecasts shall be based on the most recently updated schedule of capital improve- Sec. 21-46. Management and monitoring pro- menu for each public facility. The AUR shall also gram; annual public facilities up- revise population projections, update public facil- date report, CIE amendments; an- ity inventories, update unit costs, and update nual budget. revenue forecasts. The findings of the AUR shall (a) Generally. In order to ensure that adequate form the basis for any proposed amendments to potable water, recreation and open space, road, the CIE, any proposed amendments to the village's sanitary sewer, solid waste, and storm drainage annual budget for public facilities, and the review public facilities are available concurrent with the of and issuance of development orders during the impacts of development on the public facilities, next fiscal year. the village shall establish the following manage- (c) Recommendations on amendments to CIE ment and monitoring practices. The purpose is to and annual budget. Based upon analysis of the evaluate and coordinate the timing, provision and AUR, the village manager shall propose to the funding of potable water, recreation and open village council each year, any necessary amend- space, road, sanitary sewer, solid waste and storm menu to the CIE, and any proposed amendments drainage public facilities so that: to the village's annual budget for public facilities. (1) They are being adequately planned for (Ord. No. 16-90, § 5, 6-28-90) and funded to maintain the LOS for the public facilities and Sec. 21-47. Regulatory program; review of (2) To evaluate the capacity of the public development to ensure adequate facilities for use in the regulatory pro- public facilities are available. gram to ensure that: (a) Generally. In order to ensure that adequate a. There are no development orders potable water, sanitary sewer, road, solid waste, issued unless there are adequate pub- drainage, and recreation and open space public Supp. No. 33 1352 PLANNING AND DEVELOPMENT § 21-47 facilities are available concurrent with the im- (2) Rules of general applicability. pacts of development on each public facility, the a. Timing. An application for an ade- village shall establish the following development quate public facilities determination review procedures so that no development order or a certificate of concurrency reser- is issued unless there are adequate public facili- vation maybe submitted at any time ties available to serve the proposed development, during the year. Review of the appli- or that the development order is conditioned on cation shall be initiated by the direc- the availability of public facilities to serve the for of community development pur- development concurrent with the impacts of de- velopment on the public facilities. suant to subsection (c)(4) upon receipt of a complete application. Any appli- (b) Exemptions. The following development shall cation containing false information be exempt from the requirements of this article: may be rejected and any adequate (1) Construction of public facilities (potable public facilities determination or cer- water, sanitary sewer, solid waste, roads, tificate of concurrency reservation recreation and open space) that are con- issued based upon false information may be revoked. sistent with the village comprehensive plan; b. Assignability and transferability. A (2) An alteration or expansion of an existing certificate of concurrency reserva- dwelling unit that does not create addi- tion shall be assignable within a tional impact on public facilities; proposed development, but shall not be assignable or transferable to other (3) The construction of accessory buildings developments. and structures that does not create addi- tional dwelling units and does not create c. Expiration prior to receipt of devel- additional impact on public facilities; and opment order. An adequate public facilities determination shall expire (4) The replacement of an existing dwelling after three (3) months if an applica- unit when no additional dwelling units tion for a development permit is not are created. submitted for the proposed develop- (c) Review to determine public facility ade- ment for which the adequate public quacy. facilities determination has been ap- proved. Acertificate of concurrency (1) Generally. After the effective date of the reservation shall expire after one (1) ordinance from which this article derives, year if a development order is not no application for a development permit issued for the development for which shall be accepted without receipt of either the certificate was approved. ACon- an adequate public facilities determina- ditional certificate of concurrency res- tion, acertificate of concurrency reserva- ervation shall expire after one (1) tion, or a conditional certificate of concur- year if the development agreement rency reservation. The applicant may elect and the application for development whether to gain approval of an adequate permit for which the conditional cer- public facilities determination, a certifi- tificate of concurrency reservation Cate of concurrency reservation, or a con- has been approved is not reviewed ditional certificate of concurrency reserva- and approved. tion pursuant to the terms of this article, except that no application for adevelop- d. Expiration and effect. ment permit for subdivision, plat or replat, 1. Adequate public facilities deter- orbuilding permit, shall be accepted with- urination. An adequate public out receipt of a certificate of concurrency facilities determination is ini- reservation. tially valid for three (3) months Supp. No. 33 1353 § 21-47 NORTH PALM BEACH CODE during which time an applica- 3. Conditional certificate ofconcur- tion for development permit rency reservation. An applica- must be submitted for the pro- tion for a certificate of concur- posed development for which rency reservation considered in the determination was ap- conjunction with a development proved. If a development order agreement may be condition- is approved, the adequate pub- ally approved as a conditional lic facilities determination is certificate of concurrency reser- valid for the life of that initial vation consistent with the re- developmentorder. Each subse- quirements of this article. When quent application for adevelop- the conditional certificate of ment permit (except those de- concurrency reservation is con- velopments exempted pursuant sidered in conjunction with the to subsection (b)) for the devel- development agreement and ap- opment shall be required to re- plication for development per- ceive anew adequate public mit and finally approved pursu- facilities determination, or a cer- ant to the terms of this tificate of concurrency reserva- subsection, it becomes a certif- tion, whichever is appropriate. icate of concurrency reserva- 2. Certificate of concurrency reser- tion. A certificate of concur- rency reservation is valid for vation. A certificate of concur- the life of the development or- rency reservation is initially der with which it is approved. valid for one (1) year during The certificate of concurrency which time a development or- reservation is then valid for the der must be issued for the de- life of subsequent development velopment for which the certif- orders for the same develop- icate was approved. If a ment, if the subsequent devel- development order is approved opment orders are approved for the certificate during that prior to the expiration of the first year, the certificate of earlier development order for concurrency reservation is valid the project, and the develop- for the life of the development ment order is not altered to order for which it is originally increase the impact of the de- approved. The certificate of velopment on public facilities. concurrency reservation is then The expiration of the develop- valid for the life of subsequent ment order shall result in the development orders for the same expiration of the certificate of development, if the subsequent concurrency reservation. development orders are ap- proved prior to the expiration e. Effect of the earlier development or- 1. Adequate public facilities deter- der for the development, and urination. An adequate public the development is not altered facilities determination shall to increase the impact of the serve as a statement that based development on public facili- upon existing public facility ca- ties. The expiration of a devel- pacity and planned public facil- opment order shall result in ity capacity, adequate public fa- the expiration of the certificate cilities are available to serve of concurrency reservation. the development at the time of Supp. No. 33 1354 PLANNING AND DEVELOPMENT § 21-47 the approval of the adequate ante of the public facility capac- public facilities determination. ity needed for the proposed A subsequent application fora development can be provided development permit for devel- pursuant to a development opment that has been approved agreement; (c) a request has based upon an adequate public been made for the consider- facilities determination shall be ation and approval of a devel- required to receive a new ade- opment agreement concurrent quate public facilities determi- with the application for devel- nation or certificate of concur- opment permit to accommodate rency reservation, whichever is the balance of public facility appropriate. capacity needs for the proposed development, and (d) final ap- t. Certificate of concurrency reser- proval of a certificate of concur- vation. Receipt of a certificate rency reservation is conditional of concurrency reservation shall on the concurrent approval of a constitute proof of adequate pub- development agreement and a lit facilities to serve the pro- development order for the pro- posed development. A subse- posed development. When the quent application for a conditional certificate of concur- development permit for devel- rency reservation is considered opment for which a certificate in conjunction with the devel- of concurrency reservation has opment agreement and applica- been approved, shall be deter- tion for development permit and mined to have adequate public all the public facility compo- facilities as long as the devel- nent standards of subsection opment order for which the ter- (c)(6) are met, it shall be ap- tificate of concurrency reserva- proved as a certificate of concur- tion as approved has not expired, rency reservation. and the development is not al- £ Amendment of certificate of concur- tered to increase the impact of rency reservation. An amendment to the development on public fa- cilities. a certificate of concurrency reserva- tion shall be required prior to the 3. Conditional certificate ofconcur- approval of any amendment to a rency reservation. Receipt ofcon- development order for which a cer- ditional certificate of concur- tificate of concurrency reservation rency reservation is a statement has been approved if the amend- that an application for a certif- ment increases the need for addi- icate of concurrency reserva- tional capacity for any public facility tion considered in conjunction (potable water, sanitary sewer, roads, with a development agreement solid waste, drainage, recreation and has been conditionally approved open space). The amendment of a by the director of community certificate of concurrency reserva- development because it is dem- tion shall only require evaluation onstrated that (a) existing avail- and reservation of the additional pub- able public facility capacity up lit facility capacity demanded by the to an amount sufficient to serve proposed development. Any amend- the proposed development has ment to a development order for been reserved; (b) there is rea- which an adequate public facilities sonable likelihood that the bal- determination has been approved Supp. No. 33 1355 § 21-47 NORTH PALM BEACH CODE shall require a new adequate facili- rejected and any adequate public ties determination or a certificate of facilities determination or certificate concurrency reservation, whichever of concurrency reservation issued is appropriate. based upon false information maybe (3) Effect of development agreement in con- revoked. junction with certificate of concurrency b. Determination of completeness and reservation. A developer may enter into a review. development agreement with the village 1. Determination of completeness. for those public facilities specifying that a After receipt of an application development agreement is acceptable, in for certificate of concurrency res- conjunction with the approval of a devel- ervation, the director of commu- opment order and a certificate of concur- nity development shall deter- rency reservation or a conditional certifi- mine, within fifteen (15) days cate of concurrency, to ensure adequate of initiation of processing, public facilities are available concurrent whether it is complete and in- with the impacts of development on the cludes data necessary to evalu- public facility. The effect of the develop- ate the application. If it is de- ment agreement shall be to bind North termined that the application Palm Beach and the developer pursuant is not complete, written notice to the terms and duration of the develop- shall be served on the applicant ment agreement to its determination pur- specifying deficiencies. The di- suant to subsection (c) that adequate pub- rector of community develop- lic facilities are available to serve the ment shall take no further ac- proposeddevelopment concurrent with the tion on the application unless impacts of the development on the public the deficiencies are remedied. facilities. Any public facility capital im- 2. Review and recommendation of provement in the five-year schedule of village departments and service capital improvements in the CIE on which providers. When the director of such a certificate of concurrency reserva- community development deter- tion is made in conjunction with the ap- mines the application is com- proval of a development order and a de- velopmentagreement, shall not be delayed, plete, the application shall be deferred, or removed from the five-year forwarded to village depart- ments and service providers for schedule of improvements in the CIE. review. Within fifteen (15) days, (4) Procedure for review of application. the village departments and ser- a. Submission of application. An appli- vice providers shall provide a cation for either an adequate public statement as to whether or not facilities determination or a certifi- adequate public facilities are cate of concurrency reservation shall available, pursuant to the stan- be submitted at any time during the dards of subsection (c)(5) or year, to the department of commu- (c)(6), whichever is appropri- nity development in a form estab- ate. lished by the director of community 3. Decision to issue or deny. development and made available to (a) Adequate public facilities the public. Review of the application determination. Upon re- shall be initiated by the director of ceipt of a statement from community development pursuant to the village departments subsection (c)(2)a. Any application and service providers re- containing false information may be garding an application for Supp. No. 33 1356 PLANNING AND DEVELOPMENT § 21-47 an adequate public facili- council determines that an ties determination, the di- application fails to meet rector of community devel- any one (1) of the public opment shall review the facility component stan- statements and the appli- dards of subsection (c)(6), cation within ten (10) days, the applicant shall be no- and determine if it com- tified of such deficiency, plies with all the public and may, in the case of a facility component Stan- certificate of con- dards of subsection (c)5. If the application complies with all of the public facil- ity component standards in subsection (c)(5), the di- rector ofcommunity devel- opment shall issue an ad- equate public facilities determination. (b) Certificate of concurrency reservation. Upon receipt of a statement from the village departments and service providers regard- ing the application for a certificate of concurrency reservation, the director of community development shall review the state- ments and the application within ten (10) days, and determine if it complies with all the public facility component standards of subsection (c)(6). If the di- rector determines that the application complies with all of the public facility component standards of subsection (c)(6), the direc- tor ofcommunity develop- ment shall recommend that the planning commis- sion review and recom- mend to the village coun- cil that the council issue a certificate of concurrency reservation. If the direc- tor ofcommunity develop- ment or the planning com- mission or the village Supp. No. 33 1356.1 PLANNING AND DEVELOPMENT § 21-60 capacity has been provided for capacity has been received from the facilities; or the appropriate service pro- 3. The capital recreation and open eider; space facilities that will pro- 3. The capital sanitary sewer fa- vide the proposed development cilities that will provide the pro- sufficient services on the LOS posed development sufficient for capital recreation and open services based on the LOS for space facilities that shall be capital sanitary sewer facilities provided pursuant to the terms are committed to be provided of a development agreement. by the applicant pursuant to a c. Road facilities. The road component development agreement. shall be approved if the proposed development complies with the LOS e. Solid waste facilities. The solid waste for capital road facilities. In deter- component shall be approved if any mining whether the road component of the following conditions are met: meets the requirements of this sub- 1. Capital solid waste facilities are section, the five-year schedule of im- in place to provide the proposed provements in the CIE may be con- development sufficient services sidered only if the development based on the LOS for capital proposed in the application is phased so that the impacts of the proposed solid waste facilities; or development and the capacity pro- 2. The capital solid waste facili- vided by the road projects in the ties that will provide the pro- five-year schedule of improvements posed development sufficient will occur concurrently. The phasing services based on the LOS for of development and transportation capital solid waste facilities are improvements to ensure the LOS for under construction and bonded. capital road facilities is met may be addressed through a development £ Storm drainage facilities. The drain- agreement. age component shall be approved if d. Sanitary sewer facilities. The sani- the proposed development has ac- tary sewer component shall be ap- cess to a point of legal positive outfall proved if any of the following condi- and provides means for connection of tions are met: stormwater flow from the proposed development to a legal positive outfall 1. Capital sanitary sewer facili- pursuant to the terms of a develop- ties are in place to provide the ment agreement. proposed development sufficient (Ord. No. 16-90, § 6, 6-28-90) services based on the LOS for capital sanitary sewer facili- ATTEST: ties, and a reservation of capac- /s/ ity has been received from the Village Clerk appropriate service provider; 2. The capital sanitary sewer fa- cilitiesthat will provide the pro- This Document was prepared by Craig A. Smith & posed development sufficient Associates for the Village of North Palm Beach, services based on the LOS for April 1990. capital sanitary sewer facilities is under construction and NPB603.A2 bonded, and a reservation of (Ord. No. 2006-24, § 2.H.2, 11-9-06) Supp. No. 33 1359 § 21-48 NORTH PALM BEACH CODE Sec. 21-48. Proportionate fair-share pro- (3) Any improvement project proposed to meet gram. the developer's fair-share obligation shall (a) Purpose and intent. The purpose of this meet the village's design standards for locally maintained roadways. section is to establish a method whereby the impacts of development on transportation facili- (d) Intergovernmental coordination. In accor- ties can be mitigated by the cooperative efforts of dance with the intergovernmental coordination the public and private sectors, to be known as the element of the village comprehensive plan, the proportionate fair-share program, as required and village shall coordinate with the county and other in a manner consistent with state statute. affected jurisdictions, such as the Florida Depart- ment of Transportation, regarding mitigation to (b) Applicability. The proportionate fair-share impacted facilities not under the jurisdiction of program shall apply to all developments that fail the local government receiving the application for to meet the standards of this chapter and the proportionate fair-share mitigation. village's comprehensive plan on a roadway within the village that is not the responsibility of the (e) Application process. county, the state or another agency. The propor- (1) In the event of a lack of capacity to tionate fair-share program does not apply to the maintain the level of service for capital following: road facilities, the applicant shall have (1) Collector and arterial roads which are not the opportunity to satisfy the level of the responsibility of the village pursuant service for capital road facilities require- to Section 1.3(4) of the Palm Beach County menu through the proportionate fair- Charter; share program subject to the require- ments of subsection (c). (2) Developments of regional impact using proportionate fair-share pursuant to F.S. (2) Prior to the submittal of an application, § 163.3180(12); eligible applicants shall schedule apre- application meeting with village adminis- (3) Projects exempted by state law; tration. Subsequent to the pre-application (4) Projects that received traffic concurrency meeting, eligible applicants shall submit approval prior to the effective date of this a completed development application and section; all documentation requested by the vil- lage. The applicant shall be required to (5) Individual single family homes; and pay a reasonable fee for the cost of review- (6) Vested projects. ing the application as established by the village council. If the impacted facility is (c) General requirements. An applicant may on the strategic intermodal system (SIS), choose to satisfy the level of service for capital then the Florida Department of Transpor- road facilities by making a proportionate fair- tation will be notified and invited to par- share contribution, so long as each of the follow- ticipate in the pre-application meeting. ing requirements is met: The village shall also have the option of notifying the county. (1) The proposed development is consistent with the village comprehensive plan and (3) Village administration shall review the applicable land development regulations. application and certify that the applica- tion is sufficient and complete within four- (2) The road improvement necessary to main- teen (14) working days. If an application tain the level of service for capital road is determined to be insufficient, incom- facilities is identified in the five-year sched- plete or inconsistent with the general ule of capital improvements in the capital requirements of the proportionate fair- improvements element of the village com- share program as indicated in subsection prehensive plan. (c), then the applicant will be notified in Supp. No. 33 1360 PLANNING AND DEVELOPMENT § 21-48 writing of the reasons for such deficien- (f) Determining proportionate fair-share obli- cies. If such deficiencies are not remedied gation by the applicant within thirty (30) days of receipt of the written notification, then the application will be deemed withdrawn ~ 1) Proportionate fair-share mitigation for cap- and all fees forfeited to the village, unless ital road facilities level of service impacts the village determines that the applicant may include, without limitation, sepa- is working in good faith to remedy the rately or collectively, private funds, con- stated deficiencies, in which case the vil- tributions of land, and construction and lage may extend the deadline as deemed contribution of facilities. appropriate by the village. (2) A development eligible for participation (4) In accordance with statutory require- under the proportionate fair-share pro- ments, proposed proportionate fair-share gram shall not be required to pay more mitigation for development impacts to fa- than its proportionate fair-share. The fair cilities on the SIS requires the concur- market value of the proportionate fair- rency of the Florida Department of Trans- share mitigation for the impacted facili- portation. The applicant shall submit ties shall not differ regardless of the method evidence of an agreement between the of mitigation. applicant and the department for inclu- sion in the proportionate fair-share agree- ment. (3) The methodology used to calculate a development's proportionate fair-share ob- (5) When an application is deemed sufficient ligation shall be as provided by state and complete in accordance with subpara- statute: graph (3) above, the applicant shall be advised in writing and a proposed propor- The cumulative number of trips from the tionate fair-share obligation and binding proposed development expected to reach agreement prepared by the village shall roadways during peak hours from the be executed by the applicant and deliv- complete build out of a stage or phase ered to the appropriate parties for review, being approved, divided by the change in including a copy to the department of the peak hour maximum service volume transportation for any proposed propor- tionate fair-share mitigation on a SIS (MSV) of roadways resulting from con- struction of an improvement necessary to facility, no later than sixty (60) days from maintain the adopted level of service, the date at which the applicant received multiplied by the construction cost, at the the notification of a sufficient and tom- time of developer payment, of the improve- plete application. If the agreement is not ment necessary to maintain the adopted received by the village within these sixty (60) days, then the application will be level of service. deemed withdrawn and all fees forfeited OR to the village, unless the village deter- mines that the applicant is working in good faith to remedy the stated deficien- Proportionate Fair-Share= ties, in which case the village may extend the deadline as deemed appropriate by [[Development Trips,)/(SV Increase,)] x the village. Cost;] (6) No proportionate fair-share agreement will be effective until approved by the village. Supp. No. 33 1361 § 21-48 NORTH PALM BEACH CODE Where: (g) Impact fee credit for proportionate fair- share mitigation DevelopmentTrips;= Those trips from the stage or phrase of de- (1) Proportionate fair-share contributions shall velopment order un- be applied as a credit against road impact der review that are fees to the extent that all or a portion of assigned to roadway the proportionate fair-share mitigation is segment "i" and have used to address the same capital infra- triggered adeficiency structure improvements contemplated by per the Village's road impact fees which may hereafter be concurrency manage- established by the village. ment system. (2) The proportionate fair-share obligation is Sv Increase; = Service volume in- intended to mitigate the transportation crease provided by impacts of a proposed project. As a result, the eligible improve- any road impact fee credit based upon ment to roadway seg- proportionate fair-share contributions for ment "i" per subset- a proposed project cannot be transferred tion (c). to any other project. Cost; = Adjusted cost of the improvement to seg- (h) Proportionate fair-share agreements ment "i." Cost shall include all improve- (1) Upon execution of a proportionate fair- ments and associated share agreement, the applicant shall re- costs, such as design, ceive a certification of concurrency reser- right-of--way acquisi- vation for capital road facilities. Should tion, planning, engi- the applicant fail to apply fora develop- ment permit within twelve (12) months, neering review, in- then the agreement shall be considered spection, null and void, and the applicant shall be administration, and physical development required to reapply, unless the village and costs directly associ- the applicant mutually agree to an exten- ated with construc- Sion. tion at the antici- (2) Payment of the proportionate fair-share pated cost, including contribution is due in full no later than contingencies, in the issuance of the first building permit, and year it will be in- shall be nonrefundable. If the payment is curred. submitted more than ninety (90) days (4) For the purposes of determining propor- from the date of execution of the agree- tionate fair-share obligations, the village ment, then the proportionate fair-share shall determine improvement costs based cost shall be recalculated at the time of upon the actual and/or anticipated cost of payment, pursuant to subsection (f) and the improvement in the year that construc- adjusted accordingly. tion will occur. (3) In the event an agreement requires the (5) If an improvement is proposed by the applicant to pay or build one hundred applicant, then the value of the improve- (100) percent of one or more road improve- ment shall be based on an engineer's menu, all such improvements shall be certified cost estimate provided by the commenced prior to issuance of a building applicant and approved by the village or permit and assured by a binding agree- by some other method approved by the ment that is accompanied by a perfor- village. mance security, as determined by the vil- Supp. No. 33 1362 PLANNING AND DEVELOPMENT § 21-64 lage, which is sufficient to ensure the ARTICLE V. STORMWATER completion of all required improvements. MANAGEMENT* (4) Dedication of necessary rights-of--way for facility improvements pursuant to a pro- Sec. 21-61. Adoption; design; applicability. portionate fair-share agreement shall be completed prior to issuance of the first (a) Stormwater management, general, is hereby building permit. created as set out in this article. (5) Any requested change to a development (b) The Stormwater management system shall subsequent to the issuance of a develop- be designed in accordance with accepted engineer- ment order may be subject to additional ing principles for design floods resulting from proportionate fair-share contributions to rainfall and tidal elevations experienced in the the extent the change would generate Intracoastal Waterway for storm frequencies as additional traffic that would require addi- follows in this article. tional mitigation. (6) Applicants may submit a letter to with- (c) The requirements of this article shall be in draw from the proportionate fair-share effect throughout all areas of the village and shall agreement at any time prior to the execu- pertain to all new and existing areas that are tion of the agreement. The application fee redeveloped. and any associated advertising costs paid (Ord. No. 34-90, 1.1, 1.2, 9-27-90) to the village will be non-refundable. (i) Appropriation of fair-share revenues Sec. 21-62. Minimum street grades. (1) Proportionate fair-share revenues shall Minimum street grade shall exceed calculated be placed in the appropriate project ac- flood levels resulting from aten-year frequency count for funding of scheduled improve- storm tide, plus rainfall runoff. menu in the capital improvements ele- (Ord. No. 34-90, § 1.1(a), 9-27-90) ment, or as otherwise established in the terms of the proportionate fair-share agree- ment. Proportionate fair-share revenues Sec. 21-63. Level of finished floor of struc- may be used as the local match for any tures. matching requirement for state and fed- eral grant programs as maybe allowed by The finished floor of all structures shall exceed law. the one-hundred-year tidal flooding and rainfall runoff level, but in no case shall be less than eight (2) In the event a scheduled facility improve- and five-tenths (S.5) feet above mean sea level. ment is removed from the capital improve- (Ord. No. 34-90, § 1.1(b), 9-27-90) menu element, then the revenues col- lected for its construction may be applied toward the construction of another im- Sec. 21-64. Storm drainage facilities gener- provement within the village that would ally. mitigate the impacts of development pur- suant to the requirements of subsection Storm drainage facilities, including swales, in- (c) lets and conduits shall be designed on runoff (Ord. No. 2007-01, § 2, 1-11-07) predicted from athree-year intensity rainfall curve in general use for this area. Secs. 21-49-21-60. Reserved. (Ord. No. 34-90, § 1.1(c), 9-27-90) *Editor's note-Ordinance No. 34-90, adopted Sept. 27, 1990, did not specifically amend this Code; hence, inclusion of § 1 as Art. V, 21-61 21-70, was at the discretion of the editor. Supp. No. 33 1363 § 21-65 NORTH PALM BEACH CODE Sec. 21-65. Roadside swales. Sec. 21-69. Stormwater retention systems. Roadside swales within street rights-of--way Where Stormwater retention systems are re- shall be constructed in accordance with approved quired, any modification to, or construction of typical sections for the subdivision under consid- canals shall incorporate water and habitat qual- eration. Swale cross-sections shall be designed to ity enhancement features such as planted littoral carry runoff up to the edge of pavement, or edge of zones or shallow shelves, bank slopes conducive to improved property adjacent to the right-of--way. shoreline vegetation and immediate vegetative Surplus water from the swales shall be diverted stabilization of any bare ground adjacent to the into a closed storm drainage system or other system, as appropriate. approved means. Placement of permitted trees in (Ord. No. 34-90, § 1.1(i), 9-27-90) a Swale will be such that, as tree growth occurs, the design and function of the Swale are not Sec. 21-70. Water quality. compromised. (Ord. No. 34-90, § 1.1(d), 9-27-90) (a) Definitions. Cross reference-Trees in Swale areas, § 27-16 et seq. (1) Authorized official: Any employee Of the village authorized in writing by the direc- Sec. 21-66. Open channels and outfall for to administer or enforce the provisions ditches. of this section. Open channels and outfall ditches for the pur- (2) Director: The director of public works. pose of conveying storm runoff within any subdi- vision development will not be allowed. However, (3) Discharge: Any direct or indirect entry of open channels connecting to tidewater for the any solid, liquid or gaseous matter. purpose of navigational access to existing or pro- (4) Person: Any natural individual, corpora- posed waterways will be permitted provided they tion, partnership, institution, or other en- are protected by concrete bulkheads and have a tity. minimum width of eighty (80) feet and amini- (5) Site of industrial activity: Any area or mum centerline depth of eight and zero tenths facility used for manufacturing, process- (8.0) feet. ing or raw materials storage, as defined (Ord. No. 34-90, § 1.1(e), 9-27-90) under 40 CFR Section 122.26(a)(14) of Cross reference-Bulkheads and seawalls, § 5-69 et seq. regulations of the U.S. Environmental Sec. 21-67. Postdevelopment runoff rates, Protection Agency, as amended. volumes and pollutant loads. (6) Stormwater: Any Stormwater runoff, and The developer/owner of any site shall be respon- surface runoff and drainage. Bible for the on-site management of Stormwater (7) Stormwater system: The system ofconvey- runoff in a manner such that postdevelopment antes used for collecting, storing, and runoff rates, volumes and pollutant loads do not transporting Stormwater owned by the exceed predevelopment conditions as per chapters village but not including any facilities 40E-4, 40E-40 and/or 40E-41, FloridaAdministra- intended to be used in accordance with tive Code. applicable law for collecting and transport- (Ord. No. 34-90, § 1.1(g), 9-27-90) ing sanitary or other wastewater. Sec. 21-68. Objectives of Stormwater man- (b) Water quality. In order to minimize the aaement system design. degradation of water quality in receiving bodies, all development will be provided with landscaped The design of the Stormwater management areas, grassed areas or other natural vegetated system shall provide for protection of natural areas to receive runoff from buildings, pavement drainage features and promote the functions of or other impervious areas to the degree that groundwater recharge areas. pollutants from these areas may be absorbed by (Ord. No. 34-90, § 1.1(h), 9-27-90) the vegetation or percolated into the soil. No Supp. No. 33 1364 PLANNING AND DEVELOPMENT § 21-70 runoff from such impervious areas shall be dis- (e) Illicit discharges. charged directly into any inlet or storm sewer without first being given the opportunity to pass (1) General prohibitions. Except as set forth through a natural vegetated area. All potential in section 21-70(e)(3) or as in accordance areas of soil erosion shall be protected to mini- with a valid NPDES permit, any dis- mize siltation transport by flowing water. charge to the stormwater system that is not composed entirely of stormwater is (c) [Construction site runoff.] To protect and prohibited. preserve water quality, Best Management Prac- (2) Specific prohibitions. Any discharge to tices (BMPs) for construction site runoff, as con- the stormwater system containing any tained in Chapter 4.0 of the Palm Beach County, sewage, industrial waste or other waste 208 Areawide Waste Treatment Management Plan, materials, or containing any materials in shall be employed. violation of federal, state, county, munic- (d) Industrial activity. ipal, or other laws, rules, regulations, orders or permits, is prohibited. (1) General provisions. Any discharge into (3) Authorized exceptions. Unless the director the stormwater system in violation of any determines that it is not properly man- federal, state, county, municipal or other aged or otherwise is not acceptable, the law, rule, regulation or permit is prohib- following discharges are exempt from the ited. general prohibition set forth under sec- (2) Specific prohibitions. By adoption of in- tion 21-70(e)(1): flows from fire fighting, dustrial activity stormwater regulations water line flushing and other contribu- or by issuance of industrial activity tions from potable water sources, land- stormwater permits, or both, the director scape irrigation and lawn watering, irri- may impose reasonable limitations as to gation water, diverted stream flows, rising groundwaters, direct infiltration to the the quality of stormwater (including with- stormwater system, uncontaminated out limitation the designation of maxi- pumped groundwater, foundation and foot- mum levels of pollutants) discharged into ing drains, water from crawl space pumps, the stormwater system from sites of in- air conditioning condensation, springs, in- dustrial activity. Any promulgation of such dividual residential car washings, flows regulations and issuance of permits by from riparian habitats and wetlands, and the director shall be in accordance with de-chlorinated swimming pool contribu- applicable law. tions. (3) Administrative orders. The director may (4) Illicit connections. No person may main- issue an order to any person to immedi- tain, use or establish any direct or indi- ately cease any discharge determined by rect connection to the stormwater system the director to be in violation of any that results in any discharge in violation provision of this section, or in violation of of this section. This prohibition is retroac- any regulation or permit issued hereun- tive and applies to connections made in der. the past, regardless of whether made un- (4) NPDES permits. Any person who holds a der a permit, or other authorization, or National Pollutant Discharge Elimina- whether permissible under laws or prac- tion System (NPDES) permit shall pro- tices applicable or prevailing at the time vide a copy of such permit to the director the connection was made. no later than the later of: sixty (60) Galen- (5) Administrative order. The director may dar days after the effective date of Ordi- issue an order to any person to immedi- nance No. 8-93 or sixty (60) calendar days ately cease any discharge, or any connec- after issuance. tion to the stormwater system, deter- Supp. No. 33 1365 § 21-70 NORTH PALM BEACH CODE mined by the director to be in violation of (2) Continuing violation. A person shall be any provision of this section, or in viola- deemed guilty of a separate violation for tion of any regulation or permit issued each and every day during any continuing hereunder. violation of any provision of this section, (f) Spills and dumping. or of any regulation or permit issued hereunder. (1) General prohibitions. Except as set forth (3) Enforcement actions. The director may under section 21-70(e)(3) or as in actor- take all actions necessary, including the dance with a valid NPDES permit, any issuance of notices of violation and the discharge to the stormwater system that filing of court actions, and/or request en- is not composed entirely of stormwater is forcement by the village code enforcement prohibited. board to require and enforce compliance (2) Specific prohibitions. Any discharge to with the provisions of this section and the stormwater system containing any with any regulation or permit issued here- sewage, industrial waste or other waste under. materials, or containing any materials in (h) Inspections and monitoring. violation of federal, state, county, munic- ipal, or other laws, rules, regulations, (1) Authority for inspections. Whenever nec- orders or permits, is prohibited. essary to make an inspection to enforce any of the provisions of this section, or (3) Notification of spills. As soon as any per- regulation or permit issued hereunder, or son has knowledge of any discharge to the whenever an authorized official has rea- stormwater system in violation of this sonable cause to believe there exists any section, such person shall immediately condition constituting a violation of any of notify the director by telephone or other the provisions of this section, or regula- direct means and if such person is directly tion or permit issued hereunder, any au- or indirectly responsible for such dis- thorized official may enter any property, charge, then such person shall also take building or facility at any reasonable time immediate action to ensure the contain- to inspect the same or to perform any duty ment and clean up of such discharge and related to enforcement of the provisions of shall confirm such telephone notification this section or any regulations or permits in writing to the director within three (3) issued hereunder; provided that (a) if such calendar days. property, building or facility is occupied, (4) Administrative order. The director may such authorized official shall first present proper credentials and request permis- issue an order to any person to immedi- Sion to enter, and (b) if such property, ately cease any discharge, or connection building or facility is unoccupied, such to the stormwater system, determined by authorized official shall make areason- the director to be in violation of any able effort to locate the owner or other provision of this section, or in violation of person having charge or control of the any regulation or permit issued hereun- property, building or facility, and shall der. request permission to enter. Any request (g) Enforcement. for permission to enter made hereunder shall state that the owner or person in (1) Injunctive relief. Any violation of any pro- control has the right to refuse entry, and vision of this section, or of any regulation that in such event is refused, the autho- or order issued hereunder, shall be sub- rized official may enter to make inspec- ject to injunctive relief if necessary to tion only upon issuance of a search war- protect the public health, safety or gen- rant by a duly authorized magistrate. If eral welfare. the owner or person in control refuses Supp. No. 33 1366 PLANNING AND DEVELOPMENT § 21-103 permission to enter after such request has health, safety and welfare of the people of the been made, the authorized official is hereby Village of North Palm Beach. It is acknowledged authorized to seek assistance from any that within the Village of North Palm Beach there court of competent jurisdiction in obtain- exists sites which are of significant archaeological ing entry. Routine or area-wide inspec- value as prehistoric, historic and cultural re- tions shall be based upon such reasonable sources. selection processes as maybe necessary to carry out the purposes of this section, (b) The purposes of this article are to: including but not limited to random sam- (1) Establish a procedure for review of devel- plingand sampling in areas with evidence opment proposals on lands which are iden- of stormwater contamination, non- tified as containing archaeological re- stormwater discharges, or similar factors. sources• (2) Authority for monitoring and sampling. (2) Establish a method to review the poten- Any authorized official may establish on tial archaeological value of previously un- any property such devices as are neces- identified sites after the discovery of pre- sary to conduct sampling or metering of historic and historical artifacts, skeletal discharges of the stormwater system. Dur- or fossilized human remains, or non- ing any inspections made to enforce the human vertebrate fossils during develop- provisions of this section, or regulations ment• or permits issued hereunder, any autho- rized official may take any samples deemed (3) Establish a mechanism to protect, when necessary. appropriate, resources of significant ar- (3) Requirements for monitoring. The direc- chaeological value identified pursuant to this article that are deemed important by for may require any person engaging in a qualified archaeologist to the prehistory any activity or owning any property, build- or history of the county, state or nation; ing or facility (including but not limited to and a site of industrial activity) to undertake such reasonable monitoring of any dis- (4) Facilitate protection of resources of signif- charge(s) to the stormwater system and to icant archaeological value without sub- furnish periodic reports. stantially delaying development. (Ord. No. 34-90, § 1.1(f), (j), 9-27-90; Ord. No. (Ord. No. 6-92, § I, 5-28-92) 8-93, § 1, 2-11-93; Ord. No. 2006-24, § 2.H.2, 11-9-06) Sec. 21-102. Applicability. Secs. 21-71-21-100. Reserved. This article is applicable within the incorpo- rated limits of the Village of North Palm Beach and shall apply to: A parcel on which a previously ARTICLE VI. ARCHAEOLOGICAL SITE unidentified artifact or any human skeletal or PROTECTION REGULATIONS* fossilized human remain or non-human verte- brate fossils of significant archaeological value is Sec. 21-101. Purpose and intent. found during site development. (Ord. No. 6-92, § II, 5-28-92) (a) It is hereby declared that the protection, enhancement and examination of significant ar- Sec. 21-103. Definitions. chaeological resources is in the interest of the Unless specifically defined below, words or *Editor's note-Provisions enacted by I VIII of ord. phrases used in this article shall be interpreted so No. 6-92, adopted May 28, 1992, have been included herein at the discretion of the editor as Art. VI, 21-101 21-los. as to give them the meaning they have in common Cross references-Code enforcement board, § 2-171; build- usage and to give this article its most reasonable ings and building regulations, Ch. s. application. Supp. No. 33 1366.1 § 21-103 NORTH PALM BEACH CODE Applicant: Person or entity applying for a cer- Certificate to dig: A certificate that is necessary tificate to dig. prior to removal of a suspension order on a site where artifacts or fossilized human remains or Application: Application for a certificate to dig. non-human vertebrate fossils are found during Archaeological evaluation report: Letter pre- the development process. pared by the village's consulting archaeologist after issuance of a suspension order by the depart- Department: Community development depart- ment. The letter evaluates the potential signifi- ment. cance of an archaeological site. Developer: Any person, including a governmen- Archaeologicalsite: Aproperty or location which tal agency, undertaking any development as de- has yielded or might yield information on the fined in this article. county, state or nation's history or prehistory. Archaeological sites are evidenced by the pres- Development: As defined in Section 380.04, ence of artifacts and features on or below the Florida Statutes, as well as site preparation work ground surface indicating the past use of a loca- consisting of excavation, earth moving, and the tion at least seventy-five (75) years ago by people. like. This definition shall not include: (1) the Archaeological sites include aboriginal mounds, dividing of land into two (2) or more parcels; (2) forts, earthworks, village locations, camp sites, demolition of a structure except as necessary for middens, burial mounds, missions, historic or construction and occurring after receipt of the prehistoric ruins which are, or may be the source of artifacts or other items of significant archaeo- valid development order. logical value. Development order: Any order granting or grant- Archaeologistconsultant: Consultant to the com- ing with conditions an application for adevelop- munity development department who shall be a ment permit. qualified archaeologist. Development permit: Means any rezoning, spe- Archaeologist, qualified: An archaeologist who cial exception, special permit, site plan, subdivi- is amember of, or is qualified for membership in Sion plat, excavation or land clearing permit, the Florida Archaeological Council or the Society building permit, or any other official action of the of Professional Archaeologists. Village of North Palm Beach having the effect of Artifacts: Relics, specimens or objects of histor- permitting the development of land. ical, prehistorical, archaeological or anthropolog- ical nature, over seventy-five (75) years old, which Fossil: A remnant or trace of an organism of a may be found on, above, or below the surface of past geological age. the earth, including land and water, which have a scientific or historic value as objects of antiquity, Significant archaeological value: An archaeo- as aboriginal relics or as anthropological speci- logical site, fossil or artifact which could yield or mens, including but not limited to clothing, tools has yielded information deemed by a qualified, and weapons made of ceramics, worked stone, archaeologist to be of significant scientific, histor- shell, bond, teeth, hide, feathers and horn, metal ical, ethnic or public significance to the history or coins, glass, beads, building material, daub, and prehistory of the county, state or nation. plant fibers. Objects over seventy-five (75) years old but not of significant archaeological value Suspension order: Order suspending construc- shall not be considered an artifact for purposes of tion work directly over the potential archaeologi- this article. Further, objects under seventy-five cal find. During the initial site visit, a qualified (75) years old and deemed by a qualified archae- archaeologist may extend the boundary of the ologist to be of significant archaeological value suspension order based on the potential signifi- shall be subject to the provisions of this article. cance and geographic coverage of the find. Supp. No. 33 1366.2 PLANNING AND DEVELOPMENT § 21-105 Unmarked human burial: Any human skeletal shall not stop construction activity or fossilized remains discovered during any land not directly impacting the defined development activity or archaeological excava- potential archaeological site; tion. (4) The archaeologist consultant shall (Ord. No. 6-92, § III, 5-28-92; Ord. No. 2006-24, evaluate the significance of the ar- § 2.H.3, 11-9-06) chaeological find and send a written archaeological evaluation report to Sec. 21-104. Development subject to archae- the property owner and director of ological review. the community development depart- ment within seven (7) working days Development shall be subject to this article as from issuance of the suspension or- follows: der; and (a) Preciously unidentified archaeological sites (5) In the archaeological evaluation re- discoceredduring development. When one port, the archaeologist consultant or more artifacts of human skeletal or shall require an application for a fossilized remains or non-human verte- certificate to dig be prepared if the brate fossils are found on a site during archaeologist determines the site con- development, all development activity di- tains artifacts of significant archae- rectly over the find shall cease. The fol- ological value. If the archaeologist lowing procedure shall apply: consultant determines that there is no reasonable possibility that arti- (1) The area directly over the find shall facts of significant archaeological be staked by the property owner or value are contained on the site, the agent of the property owner, contrac- archaeologist shall make such afind- tor or subcontractor, or other party ing to the department in the archae- discovering the potential find; ological evaluation report and the department shall immediately lift (2) Within one (1) working day of discov- the suspension order. Bring the potential find, the depart- ment and, if applicable, the property (b) Sites containing human skeletal remains. owner shall be notified; If human skeletal remains are found, then Section 872.05, Florida Statutes (1991), (3) Within three (3) working days, the as amended from time to time, controls. archaeologist consultant to the vil- (Ord. No. 6-92, § IV, 5-28-92; Ord. No. 2006-24, lage shall inspect and evaluate the § 2.H.4, 11-9-06) site for the purpose of determining whether artifacts or human skeletal Sec. 21-105. Certificate to dig. or fossilized remains or non-human vertebrate fossils are located on a (a) Application. Owner of parcels required by site. If the qualified archaeologist section 21-104 above, to make application for a determines a significant archaeolog- certificate to dig to the department shall make ical resource is on site or likely to be such application prior to the issuance of a devel- on site, the director of the commu- opment order and a copy of the application shall nity development department shall be forwarded by the department to the Palm issue an order suspending construc- Beach County Historical Commission. The appli- tion and define the area where the cation for the certificate to dig shall be made on a order suspending construction ap- form available from the department. Only one (1) plies, based upon the archaeologist's certificate to dig shall be required to develop a site assessment. Such order does not have unless additional resources are found during site the effect of a stop work order and development. Supp. No. 33 1366.3 § 21-105 NORTH PALM BEACH CODE (b) Report; contents of a certificate to dig. The with or without conditions that are deemed application for a certificate to dig shall be subject necessary to protect or permit the excava- to afee established by the department, governed tion of any part of the site found to be of by section 21-105(c), below, and include a report significance, including conditions regard- prepared by a qualified archaeologist. The report ing site design. In order to protect archae- shall at minimum contain a documented search of ological resources of significant value, the the Florida Master Site Files, a brief history of department may require the applicant to the area, an archaeological survey and field in- do one or more of the following as part of spection performed in a professionally acceptable receiving the certificate to dig: manner, an assessment of the archaeological sig- a. Preserve the archaeological site nificance of the site, and a proposed plan for within open space of the develop- management. ment; All reports submitted to the department on prop- b. Redesign the development to accom- erties determined to be of archaeological signifi- modate preservation of all or a por- cance shall include the preparation of a Florida tion of a site containing the signifi- Master Site File (FMSF) form, which shall be cant archaeological resources; forwarded by the Department to the Division of c. The property owner may voluntarily Historical Resources of the Florida Department of fund or seek funding for excavation State. Copies of FMSF forms shall be available at of the resource, if agreed to by the the department. village. (c) Standards for issuance of a certificate to (3) If the village finds it is impossible to dig. Within three (3) working days of receiving an adequately preserve the significant archae- application, the department shall make adeter- ological resource using the standards and urination of the completeness of the application. If procedures in (2), above, and the proposed the application is determined to be incomplete, development plan would adversely affect the department shall request additional informa- any significant archaeological resources tion by certified mail. When the application is found on the site, the department may complete, the department shall prepare its eval- delay issuance of a certificate to dig for up uation of the application and notify the applicant to four (4) weeks after the submittal of a of its findings within ten (10) working days. completed application so that either: Evaluation of the application by the department shall be based upon guidelines in this article and a. Appropriate archaeological excava- recommendations included in the archaeologist's tion may be conducted to properly report and recommendations of the Palm Beach extract County Historical Commission and the recommen- dation of the Palm Beach County archaeologist. The department's evaluation shall do one of the following: (1) If the property is determined to have no significant archaeological value or insig- nificant value, the department shall, if applicable, issue the certificate to dig, or lift the construction suspension order, if applicable, and the development may pro- ceed; or (2) If the property is determined to have significant archaeological value, the de- partment shall issue a certificate to dig Supp. No. 33 1366.4 TREES AND SHRUBBERY § 27-18 ARTICLE I. IN GENERAL Silver Buttonwood Crepe Myrtle Secs. 27-1-27-15. Reserved. Conocarpus erectus Lagerstroemia var. 'sericeus' indica White Geiger/Texas Wax Myrtle ARTICLE II. TREES IN SWALE AREAS Olive Myrica cerifera Cordia boissieri Sec. 27-16. Definition. Orange Geiger Frangipani Cordia sebestena Plumeria rubra As used in this article, the term "Swale areas" shall mean those areas lying between the street Medium Trees and the sidewalk which are the property of the Common/Botanical Name village as part of its road and drainage right-of- Pitch Apple Black Ironwood ~,~,ay. Clusia rosea Krugiodendron fer- (Code 1970, § 41-11; Ord. No. 207-70, § 1; Ord. No. reum 2006-24, § 2.I, 11-9-06) Pigeon Plum Sabicu Cross reference-Rules of construction and definitions Coccoloba Lysiloma latisiliqua generally, § 1-2. diversifolia Seagrape Madagascar olive Coccoloba uvifera Noronhia Sec. 27-17. Planting and removal; written emarginata approval required. Dahoon Holly Allspice Ilex cassine Pimenta dioica No trees shall be planted in the Swale areas Soap Berry except by the village or by property owners who Sapinous Marinatus have obtained written approval of the public works director to plant any tree. Large Trees (Code 1970, § 41-12; Ord. No. 207-70, § 2; Ord. No. Common/Botanical Name 2-81, § 1, 1-22-81; Ord. No. 08-2002, § 1, 3-28-02; Red Maple Ord. No. 2006-24, § 2.I, 11-9-06) Acer rubrum Gumbo Limbo Sec. 27-18. Variety and location. Bursera simaruba Calophyllum/Beauty Live Oak The following regulations shall govern the va- Leaf Quercus virginiana riety and location of trees planted in Swale areas: Calophyllum spp. Satinleaf Paradise Tree (1) Only those trees set forth below may be Chrysophylium Simarouba glauca planted in any Swale area: oliviforme Green Buttonwood Bald Cypress Conocarpus erectus Taxodium distichum Small Trees Japanese fern tree Southern Magnolia Filicium decipiens Magnolia Common/Botanical Name Grandiflora Sweet Acacia Stoppers Loblolly Bay Red Cedar Acacia farnesiana Eugenia spp. Gordonia Iasianthus Juniperus Silicicola Dwarf Poinciana Lignum Vitae Bloll Caesalpina spp. guaiacum sanctum Guapira discolor Weeping Hibiscus "Stan- Queen's Crepe myr- Bottlebrush dards" tle Callistemon Hibiscus spp. Lagerstroemia viminalis speciosa Glaucus Cassia Tree Jatropha Cassia surattensis Jatropha spp. Supp. No. 33 1683 § 27-18 NORTH PALM BEACH CODE Alternative trees of the same character as those listed above may be considered sub- Wild Tamarind ject to approval by the public services Lysiloma director. bahamensis Sweetbay Magnolia Exotic, Pest and Invasive plants as listed Magnolia virginiana by the Florida Exotic Pest Plant Council Mastic Tree are specifically prohibited. Coconut trees, Masticodendron fruit trees and shrubs are specifically foetisdissimum prohibited. Yellow Poinciana Peltophorum (2) Swale trees shall be planted so as not to pterocarpum impede the flow and storage of storm Redbay water. Swale trees shall be planted and Persea borbonia maintained to provide safe sight dis- Slash Pine tances in accordance with section 27-66. Pinus elliotii var. Incidental plantings of flowers may be "densa" planted and maintained without permit Jamaican Dogwood subject to the same criteria described Piscidia piscipula herein. Laurel Oak Quercus Iaurifolia (3) Swale trees shall be planted in accor- dance with Florida Power and Light Com- Small Palms pany guidelines so as to avoid interfer- Common/Botanical Name ence with overhead utility lines. Silver Palm Needle Palm (Code 1970, § 41-13; Ord. No. 207-70, § 3; Ord. No. Coccothrinax Rhapidophylium 6-71, § 1; Ord. No. 2-81, § 2, 1-22-81; Ord. No. argentata hystrix 08-2002, § 2, 3-28-02) Bottle Palm Thatch Palm Hyophorbe Thrinax spp. Sec. 27-19. Scope. Iagencaulis Spindle Palm Christmas Palm The terms of this article shall apply to all Hyophorbe Veitchii merrillii plantings in Swale areas. verschaffeltii (Code 1970, § 41-14; Ord. No. 207-70, § 4) Majesty Palm Ravenea glauca Sec. 27-20. Maintenance. Swale areas shall be maintained by the adja- Large Palms cent property owner or tenant. Common/Botanical Name (Ord. No. 08-2002, § 3, 27-20) Paurotis/Everglades Chineses Fan Palm Palm Livistonia chinensis Secs. 27-21-27-30. Reserved. Acoelorrhaphe wrightii Alexandra Palm Triangle Palm ARTICLE III. LANDSCAPING* Archontophoenix Neodypsis decaryi alexandrae Bismark Palm Royal Palm DIVISION 1. GENERALLY Bismarkia nobilis Roystonea regia Hurricane Palm Cabbage/sabal palm Sec. 27-31. Definitions. bum osperma al- Sabal palmetto In construing the provisions of this article and Blue Lantania each and every word, term, phrase or part thereof, Catania Ioddigesii *Cross references-Appearance plan, App. A; subdivi- sions, App. B; zoning, App. C. Supp. No. 33 1684 TELECOMMUNICATIONS § 29-4 converters, splice boxes, cabinets, handholes, man- or relocate any telecommunications facilities in, holes, vaults, equipment, drains, surface location under, over or across any public right-of--way in markers, appurtenances, located, to be located, the village shall be considered to be using or used, or intended to be used, in the public rights- occupying the rights-of--way and shall be required of-way of the village to transmit, convey, route, to register with the village in accordance with the receive, distribute, provide or offer telecommuni- terms of this chapter. cations services. As of October 1, 2001, the term "communications" shall be substituted for "tele_ (b) Any telecommunications service provider communications", provided that F.S. § 337.401, is desiring to use the public right-of--way shall file a amended effective October 1, 2001, as set forth in registration with the village which shall include Chapter 00-260, Laws of Florida, 2000. the following information: Telecommunications service shall include with- (1) Identity of the applicant and name, ad- out limitation, the transmission, conveyance or dress and telephone number of applicant's routing of voice, data, audio, video, or any other primary contact person in connection with information or signals to a point, or between or the registration; among points, by and through electronic, radio, (2) A statement of whether the applicant is or satellite, cable optical, microwave, or other me- expects to be a local service provider and/or dium or method now in existence or hereafter atoll service provider, for registrations devised, regardless of the protocol used for such submitted prior to October 1, 2001; transmission or conveyance. Telecommunica- tions service," as contemplated herein, does not (3) Evidence of the insurance coverage re- include the provision of service via an open video quired under this chapter and acknowl- system or a cable service which shall require edgment that registrant has received and separate authorizations from the village. As of reviewed a copy of this chapter; October 1, 2001, the term "communications" shall (4) A copy of Federal and/or state certifica- be substituted for "telecommunications", provided tion authorizing the applicant to provide that F.S. § 337.401, is amended effective October telecommunications services. 1, 2001, as set forth in Chapter 00-260, Laws of Florida, 2000. (5) A security fund in accordance with this chapter. Telecommunications service provider shall re- fer to any person making available or providing (c) The village will review the information telecommunications services, as defined herein, submitted by the applicant. Such review will be through the use of a telecommunications facility by the village manager or his or her designee. If in the public rights-of--way. As of October 1, 2001, the applicant submits information in accordance the term "communications" shall be substituted ~'~'ith subsection (b) of this section, the registration for "telecommunications," provided that F.S. shall be effective and the village shall notify the § 337.401, is amended effective October 1, 2001, applicant of the effectiveness of registration in as set forth in Chapter 00-260, Laws of Florida, ~'~'riting. If the village determines that the infor- 2000. mation has not been submitted in accordance with subsection (b) of this section, the village Village means the Village of North Palm Beach, shall notify the applicant of the non-effectiveness an incorporated municipality of the State of Flor- of registration, and reasons for the non-effective- ida, in its present form or in any later reorga- ness, in writing. The village shall so reply to an nized, consolidated, or enlarged form. applicant within thirty (30) days after receipt of (Ord. No. 01-2000, § 3, 2-8-01) registration information from the applicant. A Registrant may cancel a registration upon writ- Sec. 29-4. Registration. ten notice to the village noticing that it will no (a) Each telecommunications service provider longer maintain facilities in the public rights-of- that desires to place, erect, construct, install, way and will no longer need to pull permits to locate, maintain, repair, extend, expand, remove, perform work in public right-of--way. Within thirty Supp. No. 33 1785 § 29-4 NORTH PALM BEACH CODE (30) days of any change in the information re- maximum fee or consideration are all taxes, li- quired to be submitted pursuant to subsection (b) tenses, fees, in-kind contributions accepted pur- of this section, registrant shall provide updated suant to F.S. § 337.401(5), and other impositions information to the village. except ad valorem taxes and amounts for assess- (d) A registration shall not convey title, equi- menu for special benefits, such as sidewalks, table or legal, in the public right-of--way. Regis- street pavings, and similar improvements, and business taxes levied or imposed by the village trants may only occupy public rights-of--way for upon a registrant. In the event that applicable telecommunications facilities. Registration does law currently permits or is amended to permit the not excuse a telecommunications provider from village to collect a fee higher than one (1) percent, obtaining appropriate access or pole attachment or permits the village to calculate the fee on before locating its facilities on another person's revenues not specified herein, the registrant shall facilities. Registration does not excuse a provider pay, following written notice from the village, its from complying with all applicable village ordi- fee payments to the village to that higher amount nances, including this chapter. on the effective date of such law. In the event (e) Each application for registration or trans- applicable law is amended to require the village fer shall be accompanied by anon-refundable to collect a fee lower than the current statutory application fee in the amount of eight hundred limit, the village shall take all necessary steps to dollars ($800.00). The fee amount shall be equal conform the requirements hereof to applicable to the village's costs and expenses incurred in law. All of the aforestated payments shall be made connection with approving the registration or to the village quarterly, with such payments made transfer. If the application fee is insufficient to within twenty (20) days following the end of each cover all costs or expenses incurred by the village calendar quarter. Payments received after the in connection with approval of the registration or due date stated herein shall be subject to interest transfer the applicant shall reimburse the village in accordance with the interest rate identified in for any such costs and expenses in excess of the F.S. § 55.03, or its successors. application fee. Fee amounts, may be amended from time to time, by resolution of the village (b) Aregistrant, that makes physical use of the council. This application fee may be credited public rights-of--way, and who is not providing against fees due under section 29-5. telecommunications services as defined in F.S. § 203.012(3), as a condition for occupying or using (f) Registration with the village shall be the public rights-of--way shall pay to the village nonexclusive. Registration does not establish any annually no less than five hundred dollars ($500.00) priority for the use of the public right-of--way by a per linear mile of any cable, fiber optic, or other registrant or any other registrants. Registrations pathway that makes physical use of the public are expressly subject to any future amendment to rights-of--way. The village may adopt additional or replacement of this chapter and further subject fees or other consideration, provided that any fee to any additional village ordinances, as well as or other consideration imposed by the village in any state or federal laws that may be enacted excess of five hundred dollars ($500.00) per linear during the term of the registration. mile shall be applied in a nondiscriminatory man- (Ord. No. 01-2000, § 4, 2-8-01) ner and shall not exceed the sum of: Sec. 29-5. Fees and payments. (1) Costs directly related to the inconve- (a) In consideration for the rights, privileges nience or impairment solely caused by the and permission granted hereunder, a registrant disturbance of the public rights-of--way; hereunder shall pay to the village annually a sum (2) The reasonable cost of the regulatory ac- equal to one (1) percent of gross receipts of the tivity of the village; and registrant on recurring local service revenues for services provided within the corporate limits of (3) The proportionate share of cost of land for the village. Included within such one (1) percent such street, alley or other public way Supp. No. 33 1786 TELECOMMUNICATIONS § 29-6 attributable to utilization of the public Sec. 29-6. Reports and records. rights-of--way by a telecommunications ser- vice provider. (a) The village may, at its option, upon sixty (60) days notice to the registrant, but in no event more often than once per year, examine the records The fee or other consideration imposed pursu- and accounting files, and such other books and ant to this subsection shall not apply in any records, if such records relate to the calculation of manner to any telecommunications company which fee payments. The examination of such books, provides telecommunications services as defined accounts, records or other materials necessary for in F.S. § 203.012(3), for any services provided by determination of compliance with the terms, pro- such telecommunications company. visions, and requirements of this chapter shall be during regular hours of business of the registrant (c) Notwithstanding anything herein to the at an office of the registrant located within the contrary, the village shall at all times hereby county, or at another location satisfactory to the require the maximum compensation allowed un- village. In the event that the village, pursuant to der applicable law. an audit, determines that there exists a discrep- ancy in the amount paid and the amount owed to (d) Except to the extent prohibited by applica- the village by the registrant in excess of two (2) ble law: percent, registrant shall pay all reasonable costs, fees and expenses of the audit. This paragraph (1) The fee payments to be made pursuant to shall not apply for periods after October 1, 2001, this Section shall not be deemed to be in or such other date as provided by law, provided the nature of a tax; that F.S. § 337.401, is amended effective October 1, 2001, as set forth in Chapter 00-260, Laws of (2) Such fee payments shall be in addition to Florida, 2000. any and all taxes of a general applicabil- ity; (b) Upon reasonable request, a registrant shall provide the following documents to the village as (3) A registrant shall not have or make any received or filed: claim for any deduction or other credit of (1) Any pleadings, petitions, notices, and doc- all or any part of the amount of said fee uments, regarding any legal proceeding payments from or against any of said involving any provisions of this chapter village taxes or other fees or charges of which are reasonably necessary for the general applicability which registrant is village to protect its interests under this required to pay to the village, except as chapter. required by law; and (2) Any request for protection under bank- (4) The fee specified herein is the consider- ruptcy laws, or any judgment related to a ation for use of the public rights-of--way, declaration of bankruptcy. including all public easements, for the (3) Nothing in this section shall affect the purpose of installing and maintaining a remedies the registrant has available un- telecommunications facility. der applicable law. (e) The payments required under this section (c) In addition, the village may, at its option, shall not apply as of October 1, 2001; or such and upon reasonable notice to the registrant, other date as provided by law, provided that F.S. inspect the facilities in the public rights-of--way to § 337.401, Florida Statutes is amended effective ensure the safety of its residents. October 1, 2001, as set forth in Chapter 00-260, (d) The village shall keep any documentation, Laws of Florida, 2000. books and records of the registrant confidential to (Ord. No. 01-2000, § 5, 2-8-01; Ord. No. 2006-28, the extent required under Florida Statutes. § 9, 12-14-06) (Ord. No. 01-2000, § 6, 2-8-01) Supp. No. 33 1']$'] § 29-7 NORTH PALM BEACH CODE Sec. 29-7. Underground installation; reloca- satisfactory manner within the thirty (30) calen- tion. dar days after receiving notice, the village may, cause the repairs to be made at the facility- (a) To the extent required by applicable village owner's expense, utilizing village employees, agents rules and regulations and not inconsistent with applicable PSC rules and regulations, aregis- or contractors, charge any and all costs, and trant shall install its facilities underground. require reimbursement within thirty (30) days after the submission of the bill by the village to (b) Every registrant which places or constructs the registrant. telecommunications facilities underground shall maintain appropriate participation in the re- (e) Subject to F.S. § 337.403, whenever an gional notification center for subsurface installa- order of the village requires such removal or tions. change in the location of any telecommunications (c) Any telecommunications facilities hereto- facility from the public rights-of--way, and the fore or hereafter placed upon, under, over, or facility owner fails to remove or change the same along any public rights-of--way that is found by at its own expense to conform to the directive the village to be unreasonably interfering in any within the time stated in the notice, the village way with the convenient, safe or continuous use may proceed to cause the telecommunications or the maintenance, improvement, extension or facility to be removed. The expense thereby in- expansion of such public rights-of--way shall, upon curred except as provided in F.S. § 337.403(1)(a)- written notice to the registrant or its agent, be (c), shall be paid out of any money available removed or relocated, within thirty (30) days of therefor, and such expense shall be charged against such notice, by such registrant at its own expense the owner of the telecommunications facility and in accordance with F.S. § 337.403. The village levied, collected and paid to the village. manager may extend the time within which a registrant shall remove or relocate a telecommu- (f) Subject to F.S. § 337.404, whenever it shall nications facility, for good cause shown. be necessary for the village to remove or relocate (d) The registrant shall not in any way dis- any telecommunications facility, the owner of the place, damage, or destroy any facilities, including, telecommunications facility, or the owner's chief but not limited to, gas, sewer, water main, pipe, agent, shall be given written notice of such re- cable, conduit, fiber optic, or other pathway or moval or relocation and an order requiring the any other facilities belonging to the village. The payment of the costs thereof, and shall be given registrant shall be liable to the village for the reasonable time, which shall not be less than costs of any repairs made necessary by any such twenty (20) nor more than thirty (30) days in displacement, damage or destruction, of facilities which to file an appeal with the village council to belonging to the village, and the registrant shall contest the reasonableness of the order. Upon pay such costs upon demand. In the case of an receipt of a written appeal, the village council emergency, the village may commence repairs shall place the matter on the council's agenda for without any prior notice to the registrant. The consideration within forty-five (45) working days. term emergency shall mean a condition that may Should the owner or the owner's representative affect the public's health, safety or welfare. In the not appear, the determination of the cost to the event of an emergency the village may cause the owner shall be final, in accordance with F.S. repairs to be made at the facility-owner's expense, § 337.404. utilizing village employees, agents or contractors, charge any and all costs, and require reimburse- (g) To the extent permitted by law, a final ment within thirty (30) days after the submission order of the village shall constitute a lien on any of the bill by the village to the registrant. In all property of the owner and may be enforced by other non-emergency circumstances, the regis- filing an authenticated copy of the order in the trant shall be given prior written notice. If such office of the clerk of the circuit court of the county repairs are not performed in a reasonable and wherein the owner's property is located. Supp. No. 33 1']$$ TELECOMMUNICATIONS § 29-7 (h) The village retains the right and privilege to cut or move any facilities located within the public rights-of--way of the village, as the village manager in his/her reasonable discretion may determine to be necessary, appropriate or useful in response to any public health or safety emer- gency. If circumstances permit, the village shall Supp. No. 33 1788.1 APPENDIX A APPEARANCE PLAN § II INTRODUCTION The Appearance Ordinance, and applicable sec- tions of the Appearance Plan, will be adminis- What we see daily in our community, consciously tered through the Office of the North Palm Beach and unconsciously, influences our lives. Director of community development, with the Good community appearance is the product of Appearance Board acting upon matters relating orderly and harmonious relationships established to appearance as authorized by the Appearance between man-made objects and nature. Apleas- Code. ing and attractive scene results from skillful (Ord. No. 2006-24, § 2.J, 11-9-06) combinations and interrelations of these elements SECTION II STATEMENT OF POLICY of contrasts and similarities. To function in a manner most appropriate to its Appearance has a direct bearing on the economic responsibility, amunicipal board should actin the value of property. When the appearance of public public interest and welfare as a servant of the areas, business establishments, and the residen- people, and operate consistently within its juris- tial community is good, shoppers, businessmen, diction. It should be completely fair and objective and home owners are all attracted to the commu- in all public matters, impartial and understand- nity. ing, and above and beyond reproach. If it can also Poor appearance, congestion, and lack of proper be a source of inspiration, encouragement, and maintenance bring about blight, decay, decreased leadership, it fulfills the public trust. property values, and loss of revenues. Consequently the POLICY of the Appearance Board is to: New building programs, along with improvement and preservation of the existing, are necessary in Operate in all matters brought before it, in an order to maintain good community appearance. objective and understanding manner, free from Expanded building programs and land develop- discrimination and selfish interests, and above menu have greatly reduced open spaces in our and beyond reproach. towns-an awareness of the importance of good Work toward the esthetic growth of the com- design and land use has resulted. Government munity and against deterioration of its visual bodies and private agencies are seeking ways to revitalize our cities and towns. The recognition of character, harmony, and beauty. this need to protect the distinctive character of Encourage and inspire both public and private our communities and their beauty has elicited participation in the enhancement of commu- sympathetic judicial decisions in matters involy- nity appearance and provide the necessary ing esthetics. leadership. SECTION I BASIS FOR THE APPEARANCE Act as counselor, guide, and consultant on pL~ matters of appearance to those who desire to develop, redevelop, maintain, or improve prop- The North Palm Beach Village Council adopted erties which are under the jurisdiction of the an Appearance Code, Ordinance Number 4-71, on Board. May 27, 1971. This Ordinance provided for the appointment of an Appearance Board which would Participate in matters regarding appearance concern itself with and act in matters affecting with other governmental, municipal, civic or the physical appearance of designated areas. private bodies, and enhance communication, understanding, and appreciation between them The Board was empowered to develop an Appear- and the Appearance Board. ante Plan to serve as standards or guidelines for OBJECTIVES are the fostering of: physical developments in the Village. The Plan as amended, following public hearings, was adopted Greater interest in the development and rede- by the North Palm Beach Village Council, by velopment of business, multi-family, and public Ordinance Number 3-72, dated 10 Feb. 1972. areas with an emphasis on appearance as it Supp. No. 33 2045 § II NORTH PALM BEACH CODE relates to each specific project, its surround- FUTURE ZONING CLASSIFICATIONS AS DE- ings, and the community, by giving encourage- TERMINED BY VILLAGE ORDINANCE ment, guidance, and direction. These areas include both privately and publicly owned properties. Elements within these areas Better maintenance of properties through en- include: couragement of preservation, upkeep, protec- tion, and care. Improved and unimproved land, including open spaces, streets and parkways, playgrounds, gardens, malls, waterways, yards, rights-of- Modifications or additions to existing ordi- way, and other elements. nances as they pertain to improving commu- nity appearance. External architectural features of buildings and structures of all types, existing and future, visible to the eye, and above grade. Greater public interest and enthusiasm in over- all community beauty, appearance, cleanliness, Landscaping, land topography and plant life, and order. natural and man-made. Walks, drives, parking areas, and plazas. SECTION III AREAS OF JURISDICTION Exterior furniture, hardware, signs and mark- ers, posts and fences, barriers, lights and light- AREAS AND ELEMENTS UNDER JURISDIC- ing, supplementary structures and appurte- TION nances. AREAS OF PARTICULAR NOTE AND THEIR The jurisdictional areas of the Appearance Board ADDED REQUIREMENTS are all areas within the Village of North Palm The following is a list of natural and man-made Beach that are zoned: areas and thoroughfares of particular note with their descriptions and added requirements. R1 SINGLE-FAMILY DWELLING DIS- TRICT-Applies to all usages except OCEAN BEACH AND STATE ROAD 703 single family and their normal acces- The existence of the ocean on our east imparts sory buildings more directional and esthetic influence than R2 MULTIPLE-FAMILY DWELLING DIS- any other natural attribute. We should main- TRICT tain an awareness of it in the development of R3 APARTMENT DWELLING DISTRICT the community. It is felt that it is essential to CA COMMERCIAL DISTRICT maintain and develop physical and visual con- C1A LIMITED COMMERCIAL DISTRICT tact with it through vistas, overlooks, adjacent CB COMMERCIAL DISTRICT roads and access parts. The ridge between C1 NEIGHBORHOOD COMMERCIAL State Road 703 and the beach should be pre- DISTRICT served as it provides a natural barrier between C2 AUTOMOTIVE COMMERCIAL DIS- traffic and the beach, and defines the beach as TRICT an entity in itself. State Road 703 is a north- C3 REGIONAL BUSINESS DISTRICT south highway between the Intracoastal Water- P PUBLIC DISTRICT way and the ocean traversing the length of C-OS CONSERVATION AND OPEN SPACE North Palm Beach. It is the only man-made CC TRANSITIONAL COMMERCIAL DIS- artery where the true character of the coastal TRICT community can be experienced in its fullness. NBOZ NORTHLAKE BOULEVARD OVER- Its variance in elevation allows unparalleled LAY ZONING DISTRICT. views of the ocean and of the sloping terrain to (Ord. No. 19-95, § 1, 7-13-95; Ord. No. 06-2003, the Intracoastal Waterway. The natural topog- § 1, 2-27-03; Ord. No. 11-2003, § 1, 4-10-03) raphy of the slope as well as the ocean ridge Supp. No. 33 2046 APPENDIX B SUBDIVISIONS § 36-6 marked thereon or a four-inch by four-inch con- ante administration from an analysis of floods at Crete monument a minimum of twenty-four (24) a particular site and other sites in the same inches long with the point of reference marked general region. thereon. "P.C.P.s" shall bear the registration num- ber of the surveyor filing the plat of record. (32) Right-of--way: Land dedicated, deeded, used or to be used for a street, alley, walkway, boule- (26) Permanent reference monument "P.R.M. yard, drainage facility, access for ingress or egress, A one-half-inch metal rod a minimum of twenty- or other purposes by the public, certain desig- four (24) inches long or aone-and-one-half-inch nated individuals or governing bodies. minimum diameter metal pipe a minimum of twenty (20) inches long, either of which shall be (33) Sidewalk: That portion of the street right- encased in a minimum six-inch diameter solid of-way outside the roadway, which is improved for block of concrete, or a concrete monument four (4) the use of pedestrian traffic. inches by four (4) inches, a minimum of twenty- four (24) inches long, with the point of reference (34) Street: Any accessway such as a street, marked thereon. A metal cap marker, with the road, highway, boulevard, alley, parkway, circle, point of reference marked thereon, shall bear the court or cul-de-sac, and also includes all of the registration number of the surveyor certifying the land lying between the right-of--way lines as de- plat of record, and the letters "P.R.M." shall be lineated on a plat showing such streets, whether placed in the top of the monument. improved or unimproved, but shall not include those accessways such as easements and right-of- (27) Person: The word "person" includes "firm, way intended solely for limited utility purposes corporation, association, organization, trust, es- such as for electric power lines, telephone lines, tate or partnership." water lines, drainage and sanitary sewers, and easements of ingress and egress. (28) Plat: A map or drawing on which a subdi- vision plan is presented which depicts a complete (a) Arterial street: A highway used primarily and exact representation of the proposed subdivi- for through traffic, carrying heavy vol- sion and other information required by these umes of predominantly long-distance traf- regulations. fit, usually on a continuous route. (29) Preliminary plat: A tentative plat of a (b) Collector street: A street which, in addi- proposed subdivision showing the proposed lay- tion to providing access to abutting prop- out of the tract in sufficient detail to indicate the erties, carries traffic between local streets suitability of the proposed subdivision of land. and the system of arterial streets and highways. (30) Reach: A hydraulic engineering term to (c) Local street: A street of limited continuity describe longitudinal segments of a stream or used primarily for access to abutting prop- river. Areach will generally include the segment erties and not for through traffic. of the flood hazard areas where flood heights are influenced by aman-made or natural obstruction. (d) Marginal access street: A local or collector In an urban area the segment of a stream or river street, parallel and adjacent to an arterial between the consecutive bridge crossings would or collector street providing access to abut- typically constitute a reach. ting properties and protection from arte- rial or collector streets (also called front- (31) Regulatory flood: The flood which is rep- age street). resentative of large floods known to have occurred in the area and reasonably characteristic of what (e) Cul-de-sac: Alocal street of relatively short can be expected to occur. The regulatory flood length with one end open and the open generally has a flood frequency of one hundred end terminating in a vehicular turn- (100) years as determined by the federal insur- around. Supp. No. 33 2357 § 36-6 NORTH PALM BEACH CODE (35) Subdivider: Any person, firm, partner- ARTICLE II. PROCEDURES FOR ship, association, corporation, estate or trust, or SUBDIVISION PLAT APPROVAL any other group or combination acting as a unit, dividing or proposing to divide land so as to Sec. 36-7. General [prerequisites to subdivi- constitute asubdivision as herein defined, includ- sion.] ing an agent of a developer. Before any land under the jurisdiction of these (36) Subdivision: All divisions or resubdivi- subdivision regulations is to be subdivided which sions of a tract or parcel of land into two (2) or will require any new street, alley, easement or more contiguous lots, building sites or other divi- public right-of--way to be created or before any sions including all divisions of land involving the building, street, drainage or utility construction dedication of a new street or change in existing in said subdivision is begun, plans shall be sub- streets; provided, however, that the following shall mitted to the planning commission and approved not be included within this definition nor be by the village council according to the procedures subject to the provisions of these regulations: established herein. (a) Any division of land directly from inher- Sec. 36-8. Qualification of person making itance, either testate or intestate, shall be survey. exempted from the provisions of these regulations, provided that such division is Every subdivision of lands made within the not accomplished through recorded plats. provisions of these regulations shall be made under the responsible direction and supervision of (b) Any deed of gift, for any parcel of land a land surveyor who shall certify on the plat that given without valuable consideration to the plat is a true and correct representation of the any member of the donor's immediate lands surveyed, that the survey was made under family shall be exempted from the provi- his responsible direction and supervision, and sions of these regulations, provided that that the survey data complies with all require- such division is not accomplished through menu of these regulations and F.S. chapter 177. recorded plats. The certification shall bear the signature, regis- tration number and the official seal of the land (c) The public acquisition of strips of land for surveyor. the widening or opening of streets. (37) To plat: To provide or subdivide lands into Sec. 36-9. Pre-application conference. lots, blocks, parcels, tracts, sites or other divi- Prior to the preparation of the preliminary sions, however the same may be designated, and plat, the subdivider or his agent shall informally the recording of the plat in the office of the clerk seek the advice of the village council, the depart- of the circuit court of Palm Beach County. ment of community development and other re- sponsible agencies, in order to become familiar (38) Use: The specific purposes for which land with the subdivision requirements and provisions or a building is designated, arranged, intended, or of the comprehensive plan affecting the territory for which it is or may be occupied or maintained. in which the subdivision is proposed to be located. The subdivider shall submit ten (10) copies of the (39) Utilities: Includes, but is not limited to, adequate plans and data to clearly show existing water systems, electrical power, sanitary sewer conditions of the site and its vicinity and the systems, gas systems, storm drainage systems, proposed layout of the subdivision. It is intended telephone and television cable systems. that this procedure will assist the subdivider in preparing a plat which will meet the require- (40) Village council: The legal governing body menu of these regulations. This procedure does of the Village of North Palm Beach. not require a formal application or fee. (Ord. No. 15-90, § 1, 6-28-90) (Ord. No. 2006-24, § 2.K.1, 11-9-06) Supp. No. 33 2358 APPENDIX B SUBDIVISIONS § 36-10 Sec. 36-10. Preliminary plat procedure. review the preliminary plat and submit Prior to the clearing of any land, removal of any written recommendations to the plan- any vegetation, the cutting or grading of any ning commission, which shall hold apub- street or the making of any street improvements lic hearing on the preliminary plat with or the installation of utilities, the subdivider shall due public notice as defined in F.S. Chap- secure from the village council an approval or ter 163.170 [section 163.3164(17)]. The conditional plat approval for a preliminary plat subdivider, or his duly authorized repre- and construction plans of the proposed subdivi- sentative, shall attend these meetings of the planning commission to discuss his Sion in accordance with the following procedure: preliminary plat. (1) Application for preliminary plat approval. (5) Planning commission review. The plan- In order formally to seek action on the ning commission review shall include con- preliminaryplat, the subdivider shall sub- sideration of the review comments. In mit an application form, a minimum of addition, particular attention shall be given twenty (20) copies of the preliminary plat to the arrangement, location and width of and the application fee to the department streets, their relation to the topography of of community development. the land, water supply, sewage disposal, (2) Developments of regional impact. For all drainage, lot sizes and arrangement, the subdivisions that are presumed to be de- present or future development of adjoin- velopments of regional impact as provided ing lands, and the requirements of the in F.S. chapter 380, and chapter 22F, comprehensive plan and zoning ordi- FloridaAdministrative Code, a copy of the nance. preliminary plat and a completed applica- (6) Planning commission action. Following tion for development approval shall be the hearing on the preliminary plat, the submitted to the village council, the re- planning commission shall recommend to gional planning agency and the state land the village council one (1) of the following planning agency. A development order shall actions: be issued prior to the review and approval of construction plans as provided in sec- 1. Issue a certificate of preliminary plat tion 36-12 of these regulations. approval. (3) Fees. A filing fee of three hundred dollars 2. Issue a certificate of conditional plat ($300.00) shall be paid to the village by approval, subject to any necessary the subdivider at the time of filing the modifications which shall be noted application together with a deposit of the on the preliminary plat or attached estimated costs of the village in process- to it in writing. ing the application. Upon the village de- 3. Disapproval of the preliminary plat termining the actual costs, applicants shall or any portion thereof, stating the pay the balance, if any, in full of such costs reasons for disapproval in writing. including advertising and cost of review The subdivider may reapply for pre- by the village engineer prior to final con- liminary plat approval in accordance sideration of the application. If the de- with provisions of this section. posit exceeds actual costs, the balance shall be refunded to applicant. (7) Notification of action. The recommenda- tion of the planning commission and the (4) Review comments. The department of com- action of the village council shall be noted munity development shall forthwith trans- on two (2) copies of the preliminary plat, mit one (1) copy of the preliminary plat to one (1) copy of which shall be returned to the village engineer, copies to the village the subdivider and the other retained by council and additional copies to appropri- the department of community develop- ate agencies. Each of these agencies shall ment. Supp. No. 33 2359 § 36-10 NORTH PALM BEACH CODE (8) Failure of the planning commission to (5) Vicinity map showing location with re- take action. Failure of the planning com- spect to major roads and acreage of the mission to make a recommendation to the subdivision. village council, as required by paragraph (6) Boundary line of the tract by bearing and (6) of this section, within ninety (90) days distance. of filing the preliminary plat, shall give the applicant the right to appeal directly (7) Legal description of the tract to be subdi- to the village council for action, unless the vided. applicant agrees to an extension of time. (g) Names of owners of adjoining land with (9) Effect of approval. Approval of the prelim- their approximate acreages. inary plat by the village council shall not (9) Existing streets, utilities and easements constitute approval of the final plat but on and adjacent to the tract, including the shall be deemed an expression of approval location and size of each and the invert of the layout submitted as a guide to the elevation of sewers. preparation of the final plat. Preliminary (10) Other existing improvements including approval shall expire and be of no further buildings on or adjacent to the tract. effect twelve (12) months from the date of preliminary approval unless the time is (11) Preliminary layout including streets, al- extended by the village council prior to leys and easements with dimensions and expiration; otherwise, the subdivider must proposed street names, lot lines with ap- reapply for preliminary plat approval in proximate dimensions, land to be re- accordance with provisions of this section. served or dedicated for public uses, and (Ord. No. 15-90, § 2, 6-28-90; Ord. No. 06-2001, any land to be used for purposes other § 4, 3-22-01; Ord. No. 2006-24, § 2.K.2, 11-9-06) than single-family dwellings. (12) Block letters and lot numbers. Sec. 36-11. Preliminary plat specifications. (13) Zoning district boundaries on and abut- The preliminary plat shall be drawn clearly ting the tract. and legibly at a scale of at least one (1) inch (14) Proposed method and approval by all fran- equals one hundred (100) feet using a sheet size of chised utilities of water supply, sewage twenty-four (24) inches by thirty-six (36) inches, disposal, drainage, street lighting and elec- reserving athree-inch binding margin on the left trical distribution system. side and aone-inch margin on the other three (3) (15) Minimum building front yard setback lines. sides. If more than one (1) sheet is required, an index map relating each sheet to the entire sub- (16) Typical street cross-sections for each street division shall be shown on the first sheet. The classification. preliminary plat shall contain the following infor- (17) Natural features including lakes, marshes mation: or swamps, watercourses, land subject to (1) Proposed name of subdivision. flooding, wooded areas and isolated trees having a trunk caliper of six (6) inches or (2) Name, address and telephone number of more at a height of four (4) feet above the the subdivider and agent of the subdi- ground. In lieu of this requirement, the eider. applicant may furnish aerial photographs of the area in question. Aerials to be no (3) Name and registration number of sur- more than two (2) years old and to a scale veyor. of a maximum of one (1) foot to two (4) Date of survey, north point, graphic scale, hundred (200) feet. date of plat drawing and space for revi- (18) Surface drainage with direction of flow Sion dates. and method of disposition indicated. Supp. No. 33 2360 APPENDIX B SUBDIVISIONS § 36-12 (19) Soil survey map. evations shall be at or above the water surface elevations of the reg- (20) Subsurface conditions of the tract show- ulatory flood. ing subsurface soil, rock and groundwater (Ord. No. 2006-24, § 2.K.3, 11-9-06) conditions; location and results of soil percolation tests; location and extent of muck pockets. Sec. 36-12. Construction plans procedure. (21) Existing covenants and restrictions. (1) Preparation of construction plans. Follow- ing approval of the preliminary plat (and issuance (22) Any other information that may be con- of development order for development of regional sidered necessary for full and proper con- impact when applicable) the subdivider shall sub- sideration of the proposed subdivision. mit construction plans and specifications for all proposed subdivision improvements. These con- (23) Inscription stating "NOT FOR FINAL RE- struction plans must be prepared in conformance CORDING." with these regulations by a professional engineer (24) Flood hazard reports. If the proposed sub- registered in the State of Florida. division is in an area subject to flooding as (2) Submission and review of construction plans. determined by the village engineer then The subdivider shall submit four (4) sets of prints the subdivider shall submit three (3) val- approved by all interested agencies of the com- ley cross-sections including the channel of pleted construction plans and the approved pre- the stream at points specified, topographic liminary plat to the department of community information for areas adjoining sides of development along with a filing fee of three hun- the channel, cross-sections for land to be dred dollars ($300.00) together with a deposit of occupied by the proposed development, the estimated costs of the village in processing the high-water information, boundaries of area application. Upon the village determining the subject to ponding and other pertinent actual costs, applicants shall pay the balance, if information. The department of commu- any, in full of such costs including advertising and nity development shall transmit one (1) cost of review by the village engineer prior to final copy of this information described to the consideration of the application. If the deposit village engineer or other expert person or exceeds actual costs, the balance shall be re- agency for technical assistance, where nec- funded to applicant. Following review, if the con- essary, in evaluating the proposed project struction plans are consistent with the approved in relation to flood heights and velocities, preliminary plat and comply with all standards the seriousness of flood damage to the and specifications, the village engineer shall no- use, the adequacy of the plans for protec- tify the subdivider and the department of commu- tion and other technical matters. The plan- nity development of construction plan approval. If ning commission, with technical assis- the construction plans are not consistent with the tance, shall estimate the discharge of the approval preliminary plat or do not comply with regulatory flood, determine the specific all standards and specifications, the village engi- flooding threat at the site of the proposed neer shall notify the subdivider and the depart- subdivision and determine whether the ment of community development: subdivision is located in a floodway or flood fringe area by: (a) Conditional construction plan approval, subject to any necessary modifications (a) Calculation of water surface eleva- which shall be indicated on the plans or tions and flood protection elevations attach to it in writing; or based upon a hydraulic analysis of the capacity of the stream channel (b) Disapproval of the construction plans or and overbank areas to convey the any portion thereof, indicating in writing regulatory flood. Flood protection el- the reasons for such disapproval. Supp. No. 33 2361 § 36-12 NORTH PALM BEACH CODE (3) Posting of surety device. Approval of the parent in said improvements. construction plans is authorization to proceed with installation of any improvements required, Approved: subject to the approval of agencies having proper authority, and the preparation of the final plat or Village Engineer Subdivider's Engineer unit division thereof, and in certain instances as specified herein, subject to the posting of a surety (4) Posting of maintenance bond. A mainte- nance bond in the amount of ten (10) device as follows: percent of the total cost of all required (a) If the final plat is to be recorded prior to street and drainage improvements shall installation of improvements, a surety in be posted as a condition to final plat the form of a performance bond, trust approval by the village. Such mainte- deed or escrow agreement, approved by nance bond will be returned to the subdi- thevillage attorney, shall be filed with the eider at the end of one (1) year from the village clerk. Such surety shall cover at time of final plat approval, provided that least one hundred ten (110) percent of the all required improvements have been prop- cost of all required improvements, such as erly maintained, as approved by the vil- streets and drainage, water, sewerage, lage engineer. gas and electrical distribution systems, (Ord. No. 06-2001, § 5, 3-22-01; Ord. No. 2006-24, with estimates provided by the subdivider § 2.K.4, 11-9-06) approved by the village engineer. The surety shall be conditioned upon the faith- Sec. 36-13. Construction plan specifications. ful performance by the subdivider of all work required to complete all improve- Plans for the required improvements shall be menu and installations for the subdivi- prepared for the approval of the village engineer Sion, or unit division thereof, in compli- prior to construction and only after approval of ante with these rules and regulations the preliminary plat. Such improvement plans within a period of one (1) year and shall shall show the proposed locations, sizes, types, be payable to and for the indemnification grades and general design features of each facil- of the village. ity, and shall be based upon reliable field data. (b) If improvements are installed prior to These drawings shall include the following infor- final plat approval in accordance with the mation: specifications of these regulations and such improvements have been inspected and (1) A topographic map of the subdivision as approved by the village engineer and the required by the village engineer with a subdivider's engineer, the following certi- maximum contour interval of one (1) foot fication shall be substituted for a surety where overall slopes of zero percent to two device; (2) percent, two (2) feet where slopes are over two (2) percent but less than ten (10) I hereby certify that I have in- percent, or five (5) feet where slopes are spected the streets, utilities, moms- over ten (10) percent, based on U.S. Coast menu and other improvements shown and Geodetic Datum. Such map shall be on the plat of prepared by a land surveyor. subdivision and to the best of my knowledge find that the same have (2) A drainage map of the entire basin or been constructed and installed in basins within which the subdivision lies. accordance with prescribed specifica- This map maybe combined with the above tions and a maintenance bond in the topographic map, including all ridges out- amount of posted and find lining the basins and the sizes of the that there are no visible defects in basins in acres, of all existing and pro- the materials and workmanship ap- posed drainage areas of flow concentra- Supp. No. 33 2362 APPENDIX B SUBDIVISIONS § 36-14 tion. Flow paths shall be indicated through- has been approved by the planning commission out, including final outfalls with the and the village council and duly recorded by the subdivision and basins. clerk of the circuit court. The final plat shall (3) Improvement construction drawings. Three conform substantially to the preliminary plat as (3) blueprints of these drawings shall be approved by the village council and shall incorpo- submitted, and the sheet size shall be rate all modifications and revisions specified in twenty-four (24) inches by thirty-six (36) the approval of the preliminary plat. A final plat inches unless another size is approved by may constitute only a portion of the approved the staff. The drawings shall be refer- preliminary plat. After completion of the required enced to the name and unit number of the improvements of the subdivision or the posting of proposed subdivision, shall show eleva- a surety bond, the subdivider shall submit to the tions based on mean sea level datum plan department of community development a final approved by the village engineer, and plat in accordance with the following procedure. shall show the following information: (2) Application for final plat approval. After (a) Street profiles. Plans for street con- the preliminary plat of a proposed subdivision has struction shall consist of a plan view been given approval by the village council, the showing PI elevations and percent- subdivider shall, within twelve (12) months or age grade slopes between PI's on the such additional time as may be granted by the plan sheet. village council, submit to the department of com- munity development at least forty-five (45) days (b) Street cross-sections. Across-section prior to the meeting of the planning commission of each proposed street, at a scale of at which it is to be considered, the following: ten (10) feet or less to the inch, showing the width of pavement, the (a) A letter requesting review and approval of location and width of sidewalks, the final plat. where required, and rights-of--way. (b) The original linen or mylar tracing of the (c) Water supply, sewers, storm water final plat and two (2) reproducible linen or drainage, gas system, CATV, tele- mylar copies. phone system and electrical distribu- (c) Five (5) printed copies of the final plat tion system. The plans and profiles of with signed certification and other docu- proposedwater distribution systems, menu as specified herein. sanitary sewers, stormwater drain- age sewers, other drainage ways, (3) Planning commission review. The planning gas system, CATV, telephone system commission shall review and make its final rec- and electrical distribution systems, ommendation on the final plat within forty-five at a horizontal scale equal to the (45) days after the plat is submitted to the depart- horizontal scale of the subdivision ment of community development. Failure of the plan and a vertical scale of one-tenth planning commission to make a recommendation of the horizontal scale, with grades within forty-five (45) days of submittal shall give and sizes indicated. the applicant the right to appeal directly to the (4) Minimum construction specifications shall village council for action, unless the applicant be as specified herein. agrees to an extension of time. Before submission of the final plat, the planning commission shall Sec. 36-14. Final plat procedure. receive a written report from the village engineer certifying compliance with or noting deviations (1) General. No lots shall be sold and no street from the approved preliminary plat and the re- accepted and maintained by the village, nor shall quirements of these regulations. When substan- any permit be issued by the building official for tial errors are found in the accuracy of the final the construction of any permanent building within plat, the subdivider shall be responsible for Gor- such subdivision unless and until the final plat rection in the survey or the final plat. Supp. No. 33 2363 § 36-14 NORTH PALM BEACH CODE (4) Planning commission action. If the final and aone-inch margin on the other three (3) plat meets all requirements of these regulations sides. If more than one (1) sheet is required, an and complies with the approved preliminary plat, index map relating each sheet to the entire sub- the planning commission shall recommend ap- division shall be shown on the first sheet. The proval of the final plat and indicate its recommen- final plat shall conform to Chapter 177, as dation on each copy by signature of the planning amended, Florida Statutes, and contain no less commission chairman. If the final plat is recom- than the following information: mended for disapproval by the planning commis- sion, the reason for such action shall be specified (1) Name of subdivision. in writing. One (1) copy of such reasons shall be (2) Name and address of subdivider. transmitted to the village council and to the subdivider. The subdivider may make the recom- (3) North point, graphic scale and date. mended changes and resubmit the final plat to (4) Vicinity map showing location and acre- the planning commission. age of the subdivision. (5) Village council action. If the final plat meets (5) Exact boundary line of the tract, deter- all the requirements of these regulations and mined by a field survey, giving distances complies with the approved preliminary plat, the to the nearest one-hundredth foot and village council shall approve the final plat and angles to the nearest minute, shall be indicate its approval on each copy by signature of balanced and closed with an apparent the mayor as attested by the village clerk. If the error of closure not to exceed one (1) in final plat is disapproved by the village council, the five thousand (5,000). reasons for disapproval shall be stated in writing. (6) Legal description of the tract. A copy of such reasons shall be sent to the subdivider. The subdivider may make the neces- (7) Bearing and distance to permanent points sary changes and resubmit the final plat to the on the nearest existing street lines of village council. bench marks or other permanent monu- ments (not less than three (3)) shall be (6) Recording of final plat. Upon approval of accurately described on the plat. the final plat by the village council, the original linen or mylar tracing of the final plat shall be (8) Municipal and county limit lines shall be recorded with the clerk of the circuit court by the accurately tied to the lines of the subdivi- village clerk with all recording fees paid by the Sion by distance and angles when such subdivider. The final plat shall be recorded prior lines traverse or are reasonably close to to the sale of any lot within the subdivision. Upon the subdivision. recording the approved final plat, a copy of any (9) The closest land line or section corner private covenants or deed restrictions shall be shall be accurately tied to the lines of the provided by the subdivider for the records of the subdivision by distance and angles. department of community development. One (1) reproducible copy of the final plat shall be re- (10) Location, dimensions and purposes of any tained by the department of community develop- land reserved or dedicated for public use. ment and one (1) copy by the village engineer. (11) Exact locations, widths and names of all (Ord. No. 2006-24, § 2.K.5, 11-9-06 streets and alleys within and immedi- ately adjoining the new subdivision. Sec. 36-15. Final plat specifications. (12) Street right-of--way lines shall show an- The final plat shall be drawn clearly and legi- gles of deflection, angles of intersection, bly at a scale of at least one (1) inch equals one radii and lines of tangents. hundred (100) feet using a sheet size of twenty- (13) Lot lines shall be shown with dimensions four (24) inches by thirty-six (36) inches, reserv- to the nearest one-hundredth foot and ing a three-inch binding margin on the left side bearings. Supp. No. 33 2364 APPENDIX B SUBDIVISIONS § 36-16 (14) Lots shall be numbered in numerical or- der and blocks lettered alphabetically. (15) Accurate location and description of mon- uments and markers shall be described on the plat. (16) Minimum building front yard setback lines. (17) Reference to recorded subdivision plats of adjoining platted land shall be shown by record name, plat book and page number. (18) Covenants and restrictions shall be filed for record with the clerk of the circuit court and the recording information shown on the plat. (19) Signed certificates. The following certifi- cates shall appear on the final plat: cer- tificates (a), (b), shall be properly signed before the final plat is submitted to the planning commission. (a) Certificate of surveyor. (b) Certificate of ownership and dedica- tion. (c) Certificate of recommendation by planning commission. (d) Certificate of approval by the village council. Sec. 36-16. Reversion of subdivided land to acreage. (1) As provided for in F.S. chapter 163, an applicant of any subdivided land may file a final plat for the purpose of returning the land to Supp. No. 33 2364.1 APPENDIX B SUBDIVISIONS § 36-38.1 Florida Water Management District, Palm Beach served as total entities, including County Engineering Department, Palm Beach understories. Those native plant commu- County Health Department, Palm Beach County nities shall include the following: coastal Department of Environmental Resources Manage- scrub; xeric hammock or xeric scrub; trop- ment, Palm Beach County Countywide Planning ical hammock; low hammock, temperate Council, Treasure Coast Regional Planning Coun- hammock or mesic hammock; mixed hard- cil, Florida Department of Community Affairs, wood swamp or hydric hammock; pond Florida Department of Natural Resources, Flor- apple slough; cypress swamp; freshwater ida Department of Environmental Regulation, marsh; mangrove swamp; oak forest. No Florida Game and Freshwater Fish Commission, irrigation system shall be installed in Florida State Internal Improvement Fund, Flor- preserved plant communities. The plant- ida Inland Navigation District, U.S. Army Corps ing of species of melaleuca, Australian of Engineers, franchised utility companies and pine and Brazilian pepper in new devel- any other regulatory agency and/or service pro- opments is prohibited. eider. (Ord. No. 15-90, § 6, 6-28-90) (c) Vegetation removal permits. (i) Generally: Unless otherwise pro- Sec. 36-38.1. Land clearing; vegetation and vided in this section, no person, cor- wildlife protection and preser- poration, association, public agency, vation. or agent or employee thereof, shall effectively destroy or remove native (1) Generally. vegetation as defined in section 7(1)b (a) Section objectives. The objectives of this [subsection (1)(b) of this section] from section in limiting land clearings are: any property within the village with- out first obtaining a vegetation re- (i) To limit the use of irrigation water in moval permit from the department open space areas by promoting the of community development. preservation of existing native plant communities; (ii) [Application for] vegetation removal permits. Permits for the removal, (ii) To limit the removal of existing na- relocation or replacement of vegeta- tive vegetation in advance of the tion covered herein shall be obtained approval of land development plans; by submitting an application, on a (iii) To limit the removal of existing na- form prescribed by the village, with tive vegetation and wildlife when no the department of community devel- comparable vegetation and wildlife opment of North Palm Beach. plan has been prepared for the site; (2) Application procedure for vegetation re- (iv) To promote the removal of undesir- moval permit within proposed development for able exotic plant species and pro- which separate building permit or tentative plan hibit new plantings. approval is requested. (b) Preservation of existing native vegetation (a) Preliminary review. As a precondition to and prohibition of noxious exotic vegeta- the filing or receiving of any application tion. Existing environmentally sensitive for a building permit with the department native vegetation and plant communities of community development, the applicant and their associated wildlife shall be pro- shall make application for and receive a tected and incorporated into the site plan. preliminary approval certificate from the Certain native plant communities shall department of community development. be given special protection appropriate to The preliminary review procedure shall the geographic area as determined by the guarantee that the applicant will take all village and shall be protected and pre- steps reasonably necessary to preserve Supp. No. 33 2373 § 36-38.1 NORTH PALM BEACH CODE existing native vegetation, purge the site Palm Beach Soil and Water Conser- ofundesirable exotic species and to other- vation District or by a person knowl- wise enhance the aesthetic appearance of edgeable in the identification and the development by the incorporation of evaluation of vegetative and wildlife existing native vegetation into the design resources, such as a forester, biolo- process. gist, ecologist, horticulturalist, land- (b) Required vegetation inventory. Each appli- scape architect, licensed landscape cation for a vegetation removal permit contractor, certified nurseryman, or shall be accompanied by a generalized other person having similar recog- nized skills and experience. vegetation inventory which shall consist of the following: (iii) Reasonable additional information. (i) Vegetation inventory. Avegetation in- The department of community devel- ventory showing the location and opment may require that the appli- extent of vegetation upon the site. cation include such additional infor- The inventory shall be based upon mation which is reasonable and the most current available informa- necessary for adequate administra- tion. For nonresidential and multi- tion of this section. family development, the inventory (iv) Sufficient number of copies. The ap- may be in the form of an aerial or a plication and accompanying docu- field survey, and shall be accompa- mentation shall be submitted in cop- nied by photographs illustrating typ- ies sufficient to administer this ical areas of vegetation. For individ- section. ual single-family or duplex developments, the inventory may be (c) Preliminary approval. in the form of hand drawn sketches (i) Issuance for lots with minimal vege- accompanied by photographs of ex- tation disruption. Where the depart- isting site conditions. The vegetation ment of community development has inventory shall be prepared at the verified that no native vegetative same scale as the site development removal activity is involved in a pro- plans or in some other manner which posed development, a preliminary clearly illustrates the relationships approval certificate shall be issued between the areas of vegetation and forthwith. the proposed site improvements. (ii) Issuance for lots with significant dis- (ii) Written assessment and evaluation. ruption. A decision to grant or deny The inventory shall be accompanied the preliminary approval certificate by a written assessment of the plant with or without conditions shall be communities and their associated made by the department of commu- wildlife which have been identified nity development within ten (10) on the site. The assessment shall working days of the applicant's sub- include an evaluation of character mission of the information required and quality of the plant communi- in this section and provided the in- ties and associated wildlife identi- formation is deemed sufficient as to Pied, including their rarity, viability, form and content by the department and such other physical characteris- of community development. Prelim- tics and factors which may affect inary approval for an application in- theirpreservation. For projects other volving vegetation removal activity than individual single-family or du- shall be granted only if the depart- plex residences, the assessment and ment of community development finds evaluation shall be prepared by the that all reasonable efforts have been Supp. No. 33 2374 APPENDIX B SUBDIVISIONS § 36-38.1 undertaken in the layout and design plant material or wildlife. Vegetation re- of the proposed development to pre- moval permits issued in conjunction with serve existing native vegetation and building permits shall be included with wildlife and to otherwise enhance the weatherproof building permit card the aesthetic appearance of the de- and shall be displayed alongside it on the velopment by the incorporation of site. existing native vegetation in the de- (g) Final inspection. No final certificate of sign process. Relocation or replace- occupancy shall be issued until the relo- ment of vegetation and wildlife shall cation or replacement of vegetation and/or be required as a condition to the wildlife, as required by the vegetation issuance of a preliminary approval removal permit, has been completed and certificate in accordance with the then final vegetation inspection approval criteria set forth in this section. has been given by the department of com- (iii) Rootpruning. Upon the issuance of a munity development. Vegetation relo- rootpruning certificate, rootpruning Gated from one (1) portion of the site to of vegetation designated to be relo- another which does not survive transplan- cated may be immediately com- tation shall be replaced with a suitable menced. However, no actual removal replacement as specified by the depart- of vegetation shall take place until ment of community development. issuance of a final vegetation re- moval permit. The issuance of a (3) Application procedure for vegetation re- rootpruning certificate shall have no moval unrelated to building permit applications. bearing upon the need to comply (a) Applicability. Vegetation removal permits with other applicable requirements. not sought in conjunction with building permits shall be obtained by making ap- (d) Certification of compliance. Prior to the plication therefor, on a form prescribed by issuance of any building permit or site the village, prior to the removal, reloca- development permit upon property which tion or replacement of vegetation from or received a preliminary approval certifi- on the following types of property: Gate under this section, the department of community development shall certify that (i) All vacant or undeveloped sites. the final construction plans comply with (ii) All developed sites. However, devel- the preliminary site plan as it affects oped single-family and duplex sites existing native vegetation. Any proposed shall be exempt from the provisions deviation from the preliminary site plan of this code [section] when less than as it affects existing native vegetation will three (3) native trees are removed be subject to a new review according to from the site within any six-month the same criteria and procedures as the period. original preliminary review. (iii) All rights-of--way, public or private. (e) Time limitation. Avegetation removal per- (b) Required vegetation inventory. Each appli- mit issued under this section shall be cation for a vegetation removal permit subject to the same time limitation rules shall be accompanied by a vegetation in- as are applicable to its accompanying build- ventory which consist of the following: ing permit or site development permit. (i) Vegetation inventory. Avegetation in- (f) Permit card. Upon the issuance of a veg- ventory showing the approximate lo- etation removal permit under this sec- cation and extent of vegetation upon tion, a copy of the permit shall be promi- the site. The inventory shall be based nently displayed on the site prior to the upon the most current available in- removal, relocation or replacement of any formation. For nonresidential and Supp. No. 33 2375 § 36-38.1 NORTH PALM BEACH CODE multifamily lots, the inventory may partment of community development, be in the form of an aerial or a field which review may include a check of the survey, and shall be accompanied by site and referral of the application for photographs illustrating typical ar- recommendation to other appropriate ad- eas of vegetation. For individual sin- ministrative departments or agencies. The gle-family or duplex lots, the inven- department of community development tory may be in the form of hand shall render a decision of the application drawn sketches accompanied by pho- within ten (10) working days of the re- tographs of existing site conditions. ceipt of the completed application. If not (ii) Written assessment and evaluation. complete, the applicant shall complete the The inventory shall be accompanied application within twenty (20) working by a written assessment of the plant days after notification that the applica- communities and their associated tion was not complete. wildlife which have been identified (d) Circumstances justifying issuance. Vege- on the site. The assessment shall tation removal permits shall be issued in include an evaluation of character the following circumstances: and quality of the plant communi- ties and associated wildlife identi- (i) Where a tree, due to natural circum- fied, including their rarity, viability, stances, is no longer viable, is in and such other physical characteris- danger of falling, is too close to ex- tics and factors which may affect fisting structures so to endanger such their preservation. For lots other than structures, interferes with utility ser- individualsingle-family orduplex res- vices, creates unsafe vision clear- idences, the assessment and evalua- ante or constitutes a health hazard; tion shall be prepared by the Palm or Beach Soil and Water Conservation (ii) Where the affected vegetation will District or by a person knowledge- be relocated, replaced with a suit- able in the identification and evalu- able substitute tree or otherwise pre- ation of vegetative and wildlife re- served; or sources, such as a forester, biologist, (iii) Where undesirable exotic species of ecologist, horticulturalist, landscape melaleuca, Australian pine and Bra- architect, licensed landscape contrac- zilian pepper have proliferated on a tor, certified nurseryman, or other site and have encroached upon na- person having similar recognized tive plant communities. skills and experience. (iii) Reasonable additional information. (e) Relocation, replacement of native uegeta- The department of community devel- tion and removal of exotic species. As a opment may require that the appli- condition to the granting of a vegetation cation include such additional infor- removal permit under this section the mation which is reasonable and applicant shall be required to: necessary for adequate administra- (i) Propose and implement a program tion of this section. for the removal of undesirable exotic (iv) Sufficient number of copies. The ap- species of plants; plication and accompanying docu- (ii) Relocate vegetation which would oth- mentation shall be submitted in cop- erwise be destroyed to another loca- ies sufficient to administer this tion upon the site; or section. (iii) Replace vegetation which will be de- (c) Application review. An application shall stroyed with suitable replacements be reviewed for completeness by the de- elsewhere within this site. In the Supp. No. 33 2376 APPENDIX B SUBDIVISIONS § 36-38.1 determining relocation, replacement ing with the work. This provision shall or root pruning of vegetation, the not be applicable in case of civil commo- department of community develop- tion, or when said work is halted due to ment shall consider the needs of the legal action by the village against the intended use of the property, includ- permittee. ing all lands dedicated to public use, together with an evaluation of the (4) Vegetation protection during construction. following: (a) Generally. During construction, all reason- (1) Existing vegetative coverage and able steps necessary to prevent the de- wildlife on the site and in the struction or damaging of protected vege- immediate surrounding area. tation shall be taken. Protected vegetation (2) Quantity of vegetation to be destroyed or receiving major damage must removed from the entire site. be replaced by vegetation of equal envi- ronmental value, as specified by the de- (3) The type, size and condition of partment of community development, be- the vegetation to be removed. fore occupancy or use unless approval for (4) The feasibility of relocating the their removal has been granted under particular vegetation and/or permit. wildlife. (b) Filling and construction debris. During (5) Topography and drainage of the construction, unless otherwise authorized site. by the vegetation removal permit, no ex- (6) The nature of the existing and cess soil, additional fill, equipment, liq- intended use of the property. uids, or construction debris, shall be placed within the drip line of any vegetation that (f) Permit issuance and permit card. Upon is required to be preserved in its present approval of an application made under location. this section and the payment of the re- quired fee, the department of community (c) Attachments. No attachments or wires development shall issue a permit therefor. other than those of a protective or With each such permit, the department of nondamaging nature shall be attached to community development shall issue a any protected vegetation during construc- weatherproofpermit card which shall bear tion. all pertinent information thereon. Such (d) Excavation. Unless otherwise authorized card shall be maintained in a conspicuous by the vegetation removal permit, no soil place on the front of the premises affected is to be removed from within the drip line thereby during the entire time that the of any tree that is to remain at its original work authorized by the vegetation permit location. is in progress. (e) Protective barriers. (g) Time limitation. Permits shall expire and become null and void if work authorized (i) Installation of protection barriers. All by such permit is not commenced within protection barriers shall be installed ninety (90) days from the date of the and maintained for the period of permit or if such work when commenced time beginning with the commence- is suspended or abandoned at any time for ment of any land clearing or building period of ninety (90) days. If work has operations and ending with the com- commenced and the permit becomes null pletion of the permitted clearing or and void or expires because of lack of building construction work on the progress or abandonment, a new permit site. covering the proposed vegetation removal (ii) On-site representative required. The activity shall be obtained before proceed- applicant for a vegetation removal Supp. No. 33 2377 § 36-38.1 NORTH PALM BEACH CODE permit shall, at the time of applica- the tree at a distance from the trunk tion, designate an on-site represen- of six (6) feet or two-thirds of the tative who will be responsible for the drip line, whichever is greater, of a installation and the maintenance of hardwood tree, and six (6) feet from all tree protection barriers. The rep- the trunk or at the drip line, which- resentative shall be responsible for ever is greater, for a softwood tree, or supervising the removal of all exist- as otherwise determined by the de- ing vegetation permitted to be re- partment of community develop- moved. The representative shall be ment. on-site at all times during the vege- tation clearing operations. (5) Exceptions. (iii) Protection of large areas of vegeta- (a) Vegetation endangering health, safety or tion. When the circumference of an property. In the event that any vegetation area of vegetation to be preserved is shall endanger health, safety or property, more than two hundred (200) linear and require immediate removal without feet, the areas to be preserved shall delay, after observation and the taking of be protected during land alteration a photograph of the subject vegetation, and construction activities by plat- verbal authorization may be given by the ing 2 x 2 wood stakes a maximum of director of community development and twenty (20) feet apart around the the vegetation removed without obtaining perimeter of the area of vegetation, a written permit as herein required. Such and tying ribbon, survey flagging, verbal authorization shall subsequently rope, etc., from stake to stake along be confirmed in writing by the depart- the perimeter of such areas to be ment of community development. preserved. (b) Plant nurseries and botanical gardens. (iv) Protection of small areas of vegeta- All state-approved and governmental plant tion. When the circumferences of an nurseries and botanical gardens shall be area of protected vegetation is less exempt from the terms and provisions of than two hundred (200) lineal feet, a this section, but only in relation to those protective barrier shall be placed plants which are planted and growing for around the groups of trees and the sale or intended sale to the general understory that is indicated to re- public in the ordinary course of business main. The barrier shall not be less or for some public purpose. than three (3) feet in height, shall limit access to the protected area, (c) Fee exceptions. The following types of trees and shall be composed of wood, metal shall be exempt from the provisions of or other suitable materials which this section relating to permit fees, and no insure compliance with the intent of fees shall be charged for the removal of the code [this section]. The barrier this vegetation. The department of com- shall be highlighted with strips of munity development shall provide guid- survey flagging placed no more than ante to any individual in doubt as to the five (5) feet on center. The provided identity of any particular vegetation. Those barrier shall not harm the protected trees exempt are: vegetation through construction or any other means. (i) Melaleuca quinquenervia (cajaput or paperbark or punk tree). (v) Protection of individual trees. When the retention of single trees is re- (ii) Casuarina spp. (Australian pine). quired by this code [section], apro- (iii) Schinus terebinthifolius (Brazilian tective barrier shall be placed around pepper or Florida holly). Supp. No. 33 2378 APPENDIX B SUBDIVISIONS § 36-42 (iv) Bischofia javanica (toog or provisions thereof shall be held inapplicable to bishopwood tree). any person, group of persons, property, kind of (v) Trees which are no longer viable. property, circumstances or set of circumstances, such holding shall not affect the applicability (vi) Trees which are required to be re- hereof to any other person, property or circum- moved by law. stances. (6) Fees. The charge for the implementation of this section shall be two hundred dollars ($200.00) Sec. 36-41. Conflicting regulations. per acre or fraction thereof. This ordinance shall not be construed to have (Ord. No. 15-90, § 7, 6-28-90; Ord. No. 06-2001, the effect of repealing any existing ordinance § 6, 3-22-01; Ord. No. 2006-24, § 2.K.6, 11-9-06) concerning the subject matter of this ordinance, but the regulations established herein shall be Sec. 36-39. Violation misdemeanor. supplemental and cumulative. However, in the Any person who shall sell any lot, or lay out, case of direct conflict with a provision or provi- construct, open or dedicate any street, sanitary sions of any existing ordinance, the provision sewer, storm sewer, water main or drainage strut- which is more restrictive and imposes higher ture without having first complied with the pro- standards or requirements shall govern. visions of these regulations, or [who] otherwise violates this ordinance, shall be guilty of a misde- Sec. 36-42. Effective date. meanor. Each day that the violation continues This ordinance shall take effect immediately shall constitute a separate violation. upon adoption. Subdivisions for which prelimi- nary or final plans or plats have been approved ARTICLE VI. AMENDMENTS prior to the effective date may be developed and completed according to the preexisting require- ments for subdivisions. However, preliminary plans [Sec. 36-39.1. Public hearing required.] or final plats which have been approved prior to This ordinance may be amended by the village the effective date of this ordinance shall not be council, provided, however, that no amendments substantially changed or amended after the effec- shall become effective until a public hearing by tive date of this ordinance except to conform with the planning commission has been held. Public the regulations established herein. notice regarding the time, place and date of the hearing shall be published in accordance with F.S. chapter 163, as amended. ARTICLE VII. LEGAL STATUS Sec. 36-40. Saving clause. If any section, part of a section, paragraph, sentence, clause, phrase or word of this ordinance is, for any reason, held or declared to be uncon- stitutional, inoperative or void, such holding of invalidity shall not affect the remaining portions of this ordinance; and it shall be construed to have been the legislative intent to pass the re- mainder of the ordinance, after the exclusion of such part or parts; [and it] shall be deemed to be held valid as if such part or parts had not been included therein, or if this ordinance or any of the [The next page is 2479] Supp. No. 33 2379 APPENDIX C ZONING § 45-20 tion, child care facility, family day care (5) Measurement of distance. The distance from home or community residential home, a proposed or existing adult entertainment estab- within two hundred (200) feet of an area lishment to apre-existing adult entertainment zoned for residential use, within two hun- establishment, apre-existing religious institu- dred (200) feet of an area designated as tion, to Zoning District P, public district, apre- residential on the future land use map of existing religious institution, apre-existing edu- the village's comprehensive plan, within cational institution, child care facility, family day five hundred (500) feet of a park, or within care home or community residential home, an two thousand (2,000) feet of another adult area zoned for residential use, an area designated entertainment establishment. on the future land use map of the comprehensive plan as residential, apre-existing residence, a (b) In addition to the distance requirements pre-existing park or apre-existing commercial set forth in subsection (a), an adult enter- establishment that sells or dispenses alcohol shall tainment establishment shall not be al- be measured by drawing a straight line between lowed to open, exist or do business any- the closest lot lines of the proposed or existing where except in the C-1 and C-2 zoning adult entertainment establishment and the pre- districtwhere adult entertainment estab- existing adult entertainment establishment, pre- lishments are an expressly permitted use existing religious institution, Zoning District P, subject to review by the village director of public district, pre- religious institution, apre- community development for conformance existing educational institution child care facil- with the requirements of the village's ity, family day care home or community residen- land development regulations. tial home, an area zoned for residential use, a (c) The distance requirements of subsection pre-existing residence, apre-existing park or a (a) are independent of and do not super- pre-existing commercial establishment that sells Bede the distance requirements for alto- or dispenses alcohol that is located outside the holic beverage establishments which may incorporated limits of the Village of North Palm be contained in other laws, rules, ordi- Beach. This provision is intended to prevent within nances, or regulations. the Village of North Palm Beach the adverse impacts and secondary effects created by the (d) No religious institution, educational insti- concentration of adult entertainment establish- tution, child care facility, family day care menu and the placement of such establishments home, community residential home, park in close proximity to the other specified uses, or commercial establishment that sells or whether the other specified uses are located within dispenses alcohol for consumption on pre- or without the incorporated limits of Village of mises (other than establishments set forth North Palm Beach. in paragraph 4(e)) shall locate and oper- ate within the distance requirements from (6) No variance. There shall be no variance to such establishments and facilities oper- the distance requirements of this section. ated and licensed for adult entertainment (7) Nonconforming uses. If any nonconforming establishments. adult business ceases to do business fora tontin- (e) The distance restrictions set forth in this uous period of ninety (90) days, it shall be deemed paragraph (4) shall not apply to any bona- abandoned and shall not thereafter reopen except fide restaurant operating under a Florida in conformance with these regulations. 4-COP-SRX license as a restaurant with ~g~ Supplemental administrative requirements. full kitchen facilities and fifty-one (51) percent or more of gross sales being de- (a) Rules of construction. This section shall rived from the sale of food and non- be liberally construed to accomplish its alcoholic beverages. Alcoholic beverages purpose of regulating and dispersing adult are to be served only when the restaurant entertainment establishments and re- is open for sale and service of food. lated activities. Supp. No. 33 2486.3 § 45-20 NORTH PALM BEACH CODE (b) Development design and improvement Stan- ment where alcoholic beverages are, or dards. The staff shall compare the official are available to be sold, dispensed, con- plans of the building department and of- sumed, possessed, or offered for sale or facial zoning map against the plan submit- consumption on the premises. The pen- ted. alty for violation of this subsection (9) (c) All adult materials shall be located and shall be revocation of business tax receipt issued by the village. the activities of employees which include the exposure of specified anatomical ar- (10) Disclosure of names aliases and dates of eas shall take place within the adult busi- birth of employees. Owners and operators ness premises. of all adult entertainment establishments (d) No adult materials or activities of employ- in the village shall disclose to the village ees which include the exposure of speci- the names, aliases and dates of birth of all Pied anatomical areas shall be visible from employees in their respective establish- the exterior of the adult business pre- menu. Such information shall be fur- mises in any way including, but not lam- nished the village in writing prior to issu- ited to, exterior apertures such as opened ante or renewal of a business tax receipt doors and unobscured windows. of the village and at such other times as (e) No merchandise, advertising or depic- requested by village officials. The failure tions of the activities of an adult business to make such disclosure shall result in shall be displayed on the exterior of the either the loss of business tax receipt or adult business premises or in any location the failure of the village to issue a new receipt or renewal thereof. where they are visible from public right- of-way. (11) Enforcement. The provisions of this Code (f) No adult business shall display a sign: may be enforced by: (1) Advertising the presentation of any (a) A suit brought by the village council in the activity prohibited by Florida Stat- Circuit Court of Palm Beach County to ute law or any applicable village restrain, enjoin, or prevent a violation of ordinance; or this Code; and (2) Capable of leading a reasonable per- son to believe that the establishment (b) Enforcement proceedings by the village's engages in an activity prohibited by code enforcement board; and Florida Statute law or any applica- ble village ordinance. (c) Criminal prosecution; and (3) Containing any flashing lights, pho- (d) Any and all other legal proceedings and tographs, silhouettes, drawings or remedies available to the village as pro- pictorial representations of any man- vided by law. ner (except for the logo of the estab- (Ord. No. 22-95, § 1, 7-17-95; Ord. No. 37-95, lishment, provided the logo shall not 1-8, 12-14-95; Ord. No. 6-96, § 1, 1-25-96; Ord. contain any specified anatomical ar- No. 17-98, § 1, 8-13-98; Ord. No. 02-2002, § 1, eas, or any male or female forms at 2-14-02; Ord. No. 2006-24, § 2. L. 1, 11-9-06; Ord. or below the clavicle). No. 2006-28, § 10, 12-14-06) (9) Display or exposure of specified anatomi- cal area. It shall be unlawful for any Sec. 45-21. Telecommunications antenna and person to display or expose any specified antenna towers. anatomical area to others, regardless of whether such person is actually engaging Antenna and/or antenna towers owned and in dancing, in any commercial establish- operated subject to provisions of the Telecommu- Supp. No. 33 2486.4 APPENDIX C ZONING § 45-21 nications Act of 1996 may be located and con- tions will be considered only after strutted in accordance with the following provi- the applicant for an antenna or an- sions: tenna tower has to the fullest extent (1) a. The village planning commission will practicable, demonstrated to the vil- consider, in accordance with article lage council that all existing struc- III of chapter 6 of the village code of tures either will not accommodate ordinances, applications for tele tom- an antenna installation or are not munication antenna and/or antenna available for an antenna or antenna towers which are attached to, or re- tower installation. If an antenna or place existing structures provided antenna tower cannot be located on the overall height of the antenna any existing structure without un- and/or tower does not extend more reasonably compromising the an- than twenty (20) feet above the ex- tenna tower's signal reception or fisting structure. transmission capability or unreason- b. In approving a tower or antenna ably compromise the communication location, the planning commission system's capability, the village coun- shall consider the attachment to or cil will next consider, in the follow- replacement of existing structures ing order of preference, alternative which will result in the least visu- properties and zoning districts. ally offensive installation to be the 1. C-2, general commercial dis- most preferred location for such in- trict stallations. Such structures may in- clude but are not limited to highrise 2. COS, conservation and open residential or commercial buildings, space district sports lighting poles, existing an- 3. P, public district tenna towers and/or public utility structures. 4. C-1, neighborhood commercial (2) New free standing towers/antenna loca- district or C-3 regional busi- tions and new tower/antenna locations ness district which do not conform to section 45-1 of 5. CA, CB, or C1A, restricted or this article may only be allowed by special limited commercial district exception granted by the village council subject to the following criteria: 6. R3, apartment dwelling district a. The village council shall consider Alternative properties and zoning dis- when evaluating whether to approve tricts may only be considered after it an antenna/tower location whether has been demonstrated that an an- there is suitable and reasonably avail- tenna tower cannot be located on able public or private property which any higher preferred property or zon- would physically accommodate the ing district. tower or antenna without unreason- The village council shall act to ap- ablycompromising the antenna's sig- prove the tower/antenna location by nal reception or transmitting capa- special exception. Upon the granting bility or unreasonably compromise of a special exception for location, the communication system capabil- the application will be remanded to ity, and without negatively impact- the village planning commission for ing the aesthetics of the tower. approval in accordance with article b. New free standing tower/antenna lo- III of chapter 6 of the village code of cations and new tower/antenna loca- ordinances. Supp. No. 33 2486.5 § 45-21 NORTH PALM BEACH CODE c. In no case may atower/antenna in- history note. Subsequently, Ord. No. 12-97, § 1, adopted Feb. stallation height exceed more than 27, 1997 added new provisions pertaining to telecommunica- twenty (20) feet above the maximum tions antenna and antenna towers as herein set out. height allowed by this code. Sec. 45-22. Oceanfront land-Ocean setback. (3) Any applicant requesting antenna tower There shall be a building setback line of not location approval is required to accommo- less than fifty (50) feet from the dune line, or one date antenna facilities of other providers hundred (100) feet from the highwater line, which- (co-location), on a nondiscriminating ba- ever distance is greater, for all property bordering sis, to avoid duplication of the erection of on the Atlantic Ocean. The measurement of the such towers or provide verifiable objective setback from the dune line and the highwater line data, why it cannot do so. Moreover, it will shall be to the closest edge of any building to be be presumed that if a proposed site is constructed on the Atlantic oceanfront. within one-half mile of an existing an- (Ord. No. 23-72, § 1) tenna tower that can reasonably accom- modate the applicant's antenna, a denial Sec. 45-23. Emergency generators required of the application would not result in an for automotive service stations. unreasonable compromise to the applicant's All newly constructed automotive service sta- communication system capability or an tions shall have a permanently installed emer- unreasonable compromise to the antenna gency generator. Existing automotive service sta- tower's reception or transmission capabil- tions shall be required to install permanent ity. emergency generators whenever such service sta- tion is rebuilt after being destroyed to an extent of (4) The applicant must to the fullest extent more than fifty (50) percent of its assessed value practicable, demonstrate to the village or whenever a revised site plan for such service that the antenna tower and accessory station is submitted for approval which enlarges equipment buildings will be screened from upon or alters in any way the original site plan for view by architectural features, landscap- that service station. All others shall have atrans- ing, existing natural vegetation, or will be fer installed within two (2) years of the passage of aesthetically designed to blend into and this section, to allow for a portable generator to be harmonize with the area or location sur- easily connected to the service station. For the rounding the antenna or antenna tower purposes of this section, an automotive service site in accordance with the village of North station means any commercial establishment en- Palm Beach Appearance Plan. gaged in the retail sale of gasoline. (5) Antenna or antenna towers shall not be (OTd. No. 2006-22, § 2, 9-14-06) artificially lighted except as required for Secs. 45-24-45-26. Reserved. public safety purposes, or by the Federal Aviation Administration (FAA). Signage shall not be allowed except as required for ARTICLE III. DISTRICT REGULATIONS* public safety purposes, or by the Federal Communications Commission (FCC). Sec. 45-27. R-1 single-family dwelling dis- trict. (6) To the extent not in conflict with the provisions described above, any proposed A. Uses permitted. Within any R-1 single- antenna or tower or accessory equipment family dwelling district no building, structure, building will be subject to all applicable land or water shall be used except for one (1) or village codes and regulations. more of the following uses: (Ord. No. 12-97, § 1, 2-27-97) 1. Single-family dwellings with accessory Editor's note-Section 45-21, relative to oceanfront land buildings customarily incident thereto. in the R-1 district, has been repealed by Ord. No. 4-82, § 1, enacted Jan. 28, 1982. The former section did not bear a *Cross reference-Home occupations, § 17-2. Supp. No. 33 2486.6 APPENDIX C ZONING § 45-28 2. Public schools. the right-of--way line of said U.S. #1, 3. Parks and recreation facilities owned or side yards of at least twenty-five (25) leased by or operated under the supervi- feet in depth shall be provided. Sion of the Village of North Palm Beach. E. Off street parking regulations. At least one 4. Detached fence storage areas. parking space of at least two hundred (200) square feet shall be provided. All parking spaces shall 5. Satellite dish antenna. consist of a durable surfaced area as approved by 6. Community residential homes. Commu- the community development director, enclosed in nity residential homes of six (6) or fewer the dwelling, in an accessory building or in an residents which otherwise meet the deft- unenclosed area, exclusive of the driveway, con- nition of a community residential home, netting the parking space to the street. All vehi- provided that such homes shall not be cles parking on a lot must be parked on a durable located within a radius of one thousand surface. (1,000) feet of another existing such home (Ord. No. 17-71; Ord. No. 9-85, § 2, 6-27-85; Ord. with six (6) or fewer residents. No. 17-90, § 2, 6-28-90; Ord. No. 29-95, § 2, 9-28-95; Ord. No. 23-2003, § 5, 9-11-03; Ord. No. 7. Family day care home. 2006-24, § 2.L.2, 11-9-06) 8. Lamp post. 9. Decorative post structure. Sec. 45-28. R-2 multiple-family dwelling dis- trict. B. Building height regulations. No main build- A. Uses permitted. Within any R-2 multiple- ing shall exceed two (2) stories in height and no family dwelling district, no building structure, accessory building more than one (1) story. land or water shall be used, except for one (1) or C. Building site area regulations. The mini- more of the following uses: mum lot or building site area for each single- 1. Any use permitted in the R-1 single- family dwelling shall be seven thousand five family dwelling district. hundred (7,500) square feet and have a width of not less than seventy-five (75) feet, measured at the building line. D. Yard space regulations. 1. Front yard. There shall be a front yard of not less than twenty-five (25) feet mea- sured from the street line to the front building line. 2. Rear yard. There shall be a rear yard of not less than twenty (20) feet measured from the rear building line to the rear lot line. 3. Side yards. There shall be a side yard on each side of the side building line of not less than ten (10) feet. In the case of corner lots, no building and no addition to any building shall be erected or placed nearer than twenty (20) feet to the side street line of any such lot. (a) For a distance of one block on streets intersecting U.S. #1, measured from Supp. No. 33 2486.7 APPENDIX C ZONING § 45-36 other than the applicant owns two (2) feet in height, by means or leases any property, includ- of one (1) or more planter boxes ing any sidewalk or other pub- and other plant container, by lic passageway, upon [which] means of some other approved the outdoor seating would be divider, or any combination of located. such means, but not including c. Photographs, renderings, or tables, chairs or other seating. samples showing the style and £ Outdoor seating areas may only color of all furnishings, fencing, contain tables, chairs, umbrel- screening, or dividing material las and/or awnings and required to be used for or in conjunction fencing or screening materials. with the outdoor seating. All such equipment shall be (3) Conditions of outdoor seating. Out- compatible in color and style door seating shall comply at all times with the exterior of the build- with the following conditions: ing and shall not contain or have affixed to it any sign, let- a. Outdoor seating shall be ar- tering or advertising of any kind. ranged, when in use, in a man- ner that allows a pedestrian g• Outdoor seating shall be main- walkway in compliance with ap- tained in a secure manner, plicable building codes and fire whenever the food service es- codes. tablishment is closed to the pub- lic. b. Outdoor seating located on a pedestrian walkway which pro- h. Establishments with outdoor vides access to more than one seating with food and beverage (1) occupant of a building, as in service shall meet all health a shopping center, shall be ar- code and other applicable code ranged, when in use, in a man- requirements of restaurants. ner that maintains a passage of i. Any permanent or temporary not less than five (5) feet in structures associated with out- width. door seating, including, but not c. Outdoor seating of an applicant limited to, awnings and cov- shallnot belocated on any side- ered roofs shall not encroach walk, passageway, or other prop- into the required building set- erty adjacent to any other busi- back areas. Tables, chairs, um- ness. brellas, fencing, screening and d. Outdoor seating shall not oc- dividing materials shall not be cupy any area designated for located closer to the 2property line than two-thirds (/3) of the parking. required front, side or rear build- e. Outdoor seating which is used ing setback. for the service and sale of food or beverages of any kind within (4) Limitations on use. Except for out- the outdoor seating area, shall door seating located in an inner court: be physically separated and vi- a. All sales and service of food and sually distinct from any imme- beverages in an outdoor seat- diately adjacent public passage- ing area are prohibited between way or walkway by means of the hours of 10:30 p. m. and approved fencing or screening 7:00 a.m., Sunday through material which is not less than Thursday, and between the Supp. No. 33 2512.3 § 45-36 NORTH PALM BEACH CODE hours of 11:00 p.m. and 7:00 Cultural resource. Asite, object, structure, build- a.m., Friday through Saturday. ing or district listed in the Village's register of historic sites. b. Outdoor seating areas shall be in compliance with the village's Demolition. The tearing down or razing of noise regulations. twenty-five (25) percent or more of a structure's (5) General requirements. Outdoor seat- external walls. ing which increases the total num- District. A geographically definable area pos- ber of seats available at a food ser- sessing a significant concentration, linkage, or vice establishment shall be considered continuity of sites, buildings, structures, objects, an expansion of use. Such outdoor or areas, which are united historically or aesthet- seating shall be included in any cal- ically by plan or physical development. A district culation of the total number of seats may be comprised of individual resources which provided by the food service estab- are separated geographically but are linked by lishment but not limited to parking, association or history. restroom facilities and business taxes. Object. A material thing of functional, aes- (Ord. No. 209-70, § 1; Ord. No. 2-71, § 1; Ord. No. thetic, cultural, historical or scientific value that 1-72, § 1; Ord. No. 11-74, § 1; Ord. No. 11-75, § 1, may be, by nature of design, movable, yet related 9-11-75; Ord. No. 2-76, § 1, 2-26-76; Ord. No. 3-77, § 1, 2-24-77; Ord. No. 15-85, § 1, 9-12-85; Ord. No. to a specific setting or environment. 21-90, § 2, 6-28-90; Ord. No. 7-91, § 1, 3-14-91; Ordinary maintenance. Work which does not Ord. No. 20-95, § 1, 7-27-95; Ord. No. 34-96, § 1, require a construction permit and that is done to 8-22-96; Ord. No. 3-97, § 1, 1-9-97; Ord. No. 12-97, repair damage or to prevent deterioration or 3, 4, 2-27-97; Ord. No. 2-98, § 1, 1-8-98; Ord. decay of a building or structure or part thereof as No. 6-99, § 1, 1-28-99; Ord. No. 03-2002, § 1, 2, nearly as practicable to its condition prior to the 2-14-02; Ord. No. 04-2005, § 1, 2-10-05; Ord. No. damage, deterioration, or decay. 2006-28, § 11, 12-14-06) Original appearance. That appearance (except for color) which, to the satisfaction of the village Sec. 45-37. Historic site overlay district. council, closely resembles the appearances of ei- ther: A. Purpose. The historic site overlay district is used to impose special development restrictions (1) The feature on the building as it was on identified areas. The locations of this overlay originally built or was likely to have been district are established by the Village based on built, or the need for special protective measures at those (2) The feature on the building as it presently locations. The historic site overlay district im- exists so long as the present appearance poses different standards than those that would is appropriate, in the opinion of the vil- otherwise apply. lage council, to the style and materials of the building. B. Definitions. [For purposes of this section, C. Creation of local register of historic sites. A the following words shall have the meaning as- local register of historic sites is hereby created as cribed to them in this subsection:] a means of identifying and classifying various Building. A structure created to shelter any sites, buildings, structures, objects and districts form of human activity. This may refer to a house, as historic and/or architecturally significant. The barn, garage, church, hotel, or similar structure. local register will be kept by the director of Buildings may refer to a historically or architec- community development. turally related complex, such as municipal build- D. Initiation of placement on local register. ings, or a house and barn. Parking lots and Placement of sites, buildings, structures, objects garages are hereby deemed to be "buildings." or districts on the local register may be initiated Supp. No. 33 2512.4 APPENDIX C ZONING § 45-37 by the village council. In addition, placement may listing on the local register. The recom- be initiated by the owner of the site, building, mendation shall also include any owner's structure, object or area; or, in the case of a objection to the listing. If the nomination district, by the owner of a site, building, strut- is of a district, the recommendation shall ture, object or area within the proposed district. also clearly specify, through the use of By adoption of this ordinance, those sites within maps, lists or other means, those build- the Village of North Palm Beach that have been ings, objects or structures which are clas- classified as a "Florida historic site" by the Divi- sifted as contributing to the historical Sion of Archives, History and Records Manage- significance of the district. ment, Florida Department of State, are hereby placed on the local register. 5. Upon receipt of the recommendation from E. Placement on local register. The following the planning commission to the village procedure shall be followed for placement of sites, council, the nomination shall be placed on buildings, structures, objects, areas and districts the agenda of the next regularly sched- on the local register: uled workshop of the village council. 1. A nomination form, available from the department of community development, 6. Following the village council workshop shall be completed by the applicant and consideration, adequate notice of the vil- returned to the department. lage council's consideration of the nomi- nation at a public meeting shall be pro- 2. Upon receipt of a completed nomination vided to the public at large (advertisement form, including necessary documentation, for public hearing), and to the owner(s) of the director shall place the nomination on the nominated property or properties, at the agenda of the next regularly sched- least fifteen (15) days in advance of the uled meeting of the village planning com- mission. If the next regularly scheduled meeting at which the nomination will be meeting of the planning commission is too considered by the council. close at hand to allow for the required notice to be given, the nomination shall be 7. The village council shall, within ninety placed on the agenda of the succeeding (90) days from the date of the meeting at regularly scheduled meeting. which nomination is first on the council's agenda, review the nomination and vote 3. Adequate notice of the planning to accept or reject the nomination. The commission's consideration of the nomina- decision shall include specific findings and tion shall be provided to the public at conclusions as to why this nomination large, and to the owner(s) of the nomi- does or does not meet the appropriate nated property(ies), at least fifteen (15) criteria for listing on the local register. days in advance of the meeting at which The decision shall also include any owner's the nomination will be considered by the objection to the listing. If the nomination council. is of a district, the decision shall also 4. The planning commission shall, within clearly specify, through the use of maps, thirty (30) days from the date of the lists, or other means, those grounds, build- meeting at which the nomination is first ings, objects or structures which are clas- on the planning commission agenda, re- sifted as contributing to the historical view the nomination and write a recom- significance of the district. The nomina- mendation thereon for consideration by tion form and the council's recommenda- the village council. The recommendation tion shall be sent to the planning commis- shall include specific findings and conclu- Sion. The nomination shall then be handled sions as to why the nomination does or as any other rezoning/amendment to the does not meet the appropriate criteria for land use element. Supp. No. 33 2512.5 § 45-37 NORTH PALM BEACH CODE F. Criteria for listing on local register. G. Effect of listing on local register. 1. A site, building or district must meet the 1. The department may issue an official cer- following criteria before it may [be] listed tificate ofhistoric significance to the owner on the local register: of properties listed individually on the local register or judged as contributing to a. The site, building or district pos- the character of a district listed on the sesses integrity of location, design local register. The director of public ser- setting, materials, workmanship, feel- vices is authorized to issue and place ing and association; and official signs denoting the geographic b. The site, building or district is asso- boundaries of each district listed on the ciated with events that are signifi- local register. cant to local, state or national his- 2. Structures and buildings listed individu- tory; or the district site, building, ally on the local register or judged as structure or object embodies the dis- contributing to the character of a district tinctive characteristics of a type, pe- listed on the local register shall be deemed riod or method of construction, or historic and entitled to modified enforce- represents the work of a master, or ment of the Standard Building Code as possesses high artistic values, or rep- provided by Chapter 1, section 101.5 of resents a significant and distinguish- the Standard Building Code Congress In- able entity whose components may ternational, Inc. lack individual distinction. 3. No demolition, alteration, relocation or 2. A site or building located in a local regis- construction activities may take place ex- ter ofhistoric sites district shall be desig- cept as provided below. nated as contributing to that district if it meets the following criteria: H. Certificate of appropriateness. a. The property is one which, by its 1. When required. location, design, setting, materials, workmanship, feeling and associa- a. A certificate of appropriateness must tion adds to the district's sense of be obtained from the planning com- time and place and historical devel- mission before making certain alter- opment. ations, described below as regulated work items, contributing structures b. A property should not be considered and structures listed individually on contributing if the property's integ- the local register. rity of location, design, setting, ma- terials, workmanship, feeling and as- b. For each of the regulated work items sociation have been so altered that listed below, the following applies. the overall integrity of the property i. Ordinary maintenance. If the has been irretrievably lost. work constitutes "ordinary c. Structures that have been built within maintenance" as defined in this the past fifty (50) years shall not be code, the work may be done considered to contribute to the sig- without a certificate of appro- nificance of a district, unless a strong priateness. justification concerning their histor- ii. Staff approval. If the work is ical or architectural merit is given or not "ordinary maintenance," but the historical attributes of the dis- will result in the "original ap- trict are considered to be less than pearance" as defined in this fifty (50) years old. code, the certificate of appropri- Supp. No. 33 2512.6 APPENDIX C ZONING § 45-37 ateness may be issued by the xi. Installation or removal of secu- director of community develop- rity grilles, except that in no ment. case shall permission to install iii. Planning commission approval. such grilles be completely de- If the work is not "ordinary nied. maintenance" and will not re- xii. Installation of new exterior sid- sult in the "original appear- ing materials, or removal of ex- ance," acertificate of appropri- fisting exterior siding materi- ateness must be obtained from als. the planning commission be- xiii. Installation or removal of exte- fore the work may be done. rior skylights. c. The following are regulated work xiv. Installation of exterior screen items: windows or exterior screen i. Installation or removal of metal doors. awnings or metal canopies. xv. Installation of an exterior win- ii. Installation of all decks above dow or window frame or the the first-floor level and/or on infill of an existing exterior win- the front of the structure. dow opening. iii. Installation of an exterior door d. A certificate of appropriateness must or door frame, or the infill of an be obtained from the planning com- existing exterior door opening. mission to erect a new building or parking lot within a district listed on iv. Installation or removal of any the local register. exterior wall, including the en- e. A certificate of appropriateness must closure of any porch or other be obtained from the planning com- outdoor area with any material mis- other than insect screening. v. The installation or relocation of wood, chain-link, masonry (gar- den walls) or wrought iron fenc- ing, or the removal of masonry (garden walls) or wrought iron fencing. vi. The installation or removal of all fire escapes, exterior stairs or ramps for the handicapped. vii. Painting unpainted masonry in- cluding stone, brick, terra-cotta and concrete. viii. Installation or removal of rail- ings or other wood, wrought iron or masonry detailing. ix. Abrasive cleaning of exterior walls. x. Installation of new roofing ma- terials, or removal of existing roofing materials. Supp. No. 33 2512.7 STATUTORY REFERENCE TABLE This table shows the location within this Code, either in the text or notes following the text of references to the state law or related matters. Section Section Section this Code Section this Code 1.01 27-31 ch. 177 App. B, Art. I, 1.01 et seq. 1-2 § 36-2 ch. 22F App. B, Art. II, App. B, Art. II, § 36-10 § 36-8 ch. 39 App. C, § 45-2 App. B, Art. II, Ch. 50 2-181 § 36-15 50.041 2-181 App. B, Art. IV, 50.051 2-181 § 36-27 55.03 29-5(a) ch. 185 2-167 ch. 98 Ch. 10 185.08 26-16 ch. 101 10-7 202.195 29-8(m) 101.657 10-13 203.012 26-51, 29-3 112.181 2-161(e)(9) 29-5(b) 161.55(1)(d) 6-156 203.012(5)(b) 26-51 161.041 6-153 ch. 205 Ch. 17, Art. II 161.053 6-154 205.043(2), 162.12(2) 2-180 205.043(3) 17-24, 17-25 ch. 163 12.5-1 205.053 17-20 21-1 205.192 17-22 21-11 210.03 17-33 21-43, 21-44 ch. 212 26-53 App. B, Art. I, ch. 252 Ch. 8 § 36-2, App. B, Art. 8-4(a)(2) I, § 36-4 252.38 et seq. 8-6 App. B, Art. II, 253.125 7-19 § 36-16 280.02 2-4(f) App. B, Art. VI 163.01 2-4(f) Ch. 316 18-20 163.161 et seq. 21-01 316.008 Ch. 18 ch. 163.170, App. B, Art. II, 316.272 19-117 §163.3164(17) § 36-10 316.293 19-117 163.225(3)(a) (c) 5-86 316.1955,316.1956 18-37 163.295 6-150 320.01(1) 14-37 163.3161 et seq. Ch. 21, Art. II ch. 327 Ch. 5 163.3177 21-44 327.02 5-33 163.3178 6-155 335.065 App. B, Art. IV, 21-44 § 36-29.1 163.3180(12) 21-48 337.29 29-2 ch. 166 6-16 337.401 29-2, 29-3 Ch. 24 29-5(a), (e) Ord. No. 2478 § 3 29-6(a) 166.021 Ch. 17, Art. II 337.401(3) 28-3 166.221 17-34 337.403,337.404 29-7 166.231 Ch. 26, Art. III 342.03 Ch. 5 ch. 170 21-2 362.01 29-2 170.01 Ch. 24 364.02 29-3 ch. 175 2-167 ch. 373 19-200 175.101 26-17 ch. 380 21-44 Supp. No. 33 2819 NORTH PALM BEACH CODE Section Section this Code App. B, Art. II, § 36-10 380.04 21-103 393 App. C, § 45-2 ch. 394 App. C, § 45-2 ch. 400 App. C, § 45-2 ch. 401 11.5-21 ch. 402 App. C, § 45-2 App. C, § 45-34.1 402.302(4), 402.302(5) 17-33 413.08 4-27(d) ch. 419 17-33 App. C, § 45-2 471.003 29-8(c)(1) ch. 472 App. B, Art. I, § 36-6 ch. 480 App. C, § 45-2 ch. 495 1-10 ch. 553 6-16 553.73 6-154 11-11 553.73(2) 6-2 561.01 3-1 561.01 et seq. Ch. 3 563.01 3-1 564.01 3-1 565.01 3-1 628.901 29-12(d) 633.35 2-159 633.025 12-16 633.0215 12-16 ch. 650 Ch. 2, Art. V, Div. 2 2-136 650.02 2-136 658.12 2-4(q) ch. 760 App. C, § 45-2 768.28 29-12(d) 775.082, 775.083 2-169(f) 794.011 19-31 800.04 19-31 827.071 19-31 ch. 847 App. C, § 45-20 847.0145 19-31 870.041 8-21 870.44 8-22 870.45 8-22 872.05 2-104 943.14 2-159 943.25(13) 1-9 [The next page is 2869] Supp. No. 33 2820 CODE COMPARATIVE TABLE Adoption Section Ord. No. Date Section this Code 14-2003 5- 8-03 1 Added 18-20 23-2003 9-11-03 1 15-2(307.4) 2 Added 15-2(101.3.4) 3 24-43(a)(1), (c) 4 Rpld 24-45 5 45-27.E. 25-2003 9-25-03 1 6-17 26-2003 9-25-03 1 19-213 27-2003 9- 9-03 1 5-84(6), (8), (10) 2 Rpld 5-72 28-2003 10- 9-03 1 26-29 2 26-30 3 26-31 29-2003 10-23-03 1 17-33 35-2003 12-11-03 1 2-148(a) 2 2-158(b) 3 2-158(c) 02-2004 1-22-04 1 4-27(b) 03-2004 2-26-04 1 18-20(a) 06-2004 4- 8-04 1 7 Added 2-51 2-57 14-2004 7- 8-04 1 3 App. C, § 45-34 16-2004 7-22-04 1 Added 2-148(g) 2 Dltd 2-158(d)(4) 17-2004 7-22-04 1 19-211 18-2004 7-22-04 1 Added 5-102 5-106 19-2004 7-22-04 1 21-21(h) 21-2004 8-12-04 1, 2 25-3, 25-4 23-2004 8-12-04 1 20-66(a) 27-2004 10-14-04 1, 2 Rpld 10-11, 10-12 29-2004 10-28-04 1 36-23 36-2004 12- 9-04 1, 2 2-115, 2-116 O 1-2005 1-27-05 1 2-52 02-2005 1-27-05 1 Added 10-13 03-2005 2-10-05 1 2-26 04-2005 2-10-05 1 App. C, § 45-36 F. 07-2005 5-26-05 1 18-34 08-2005 5-26-05 1 2-156 12-2005 7-14-05 1 19-120 15-2005 7-14-05 1, 2 18-34(c), (d) 21-2005 9-22-05 1 2-76 22-2005 8-30-05 1 2-85 2 2-110 23-2005 9-22-05 1 Added 6-118 24-2005 9-22-05 2 Rnbd 17-2 as 17-3 1 Added 17-2 25-2005 9- 8-05 1, 2 2-146 3 2-158.1 26-2005 9-22-05 1 Added 19-31 27-2005 9-29-05 1,2 2-146 3 2-158.1 2006-01 1-26-06 3 Rnbd 5-16 5-25 as 5-17 5-26 1 Added 5-16 2 5-18 2006-04 3-23-06 1 2-164(a),(b) 2006-05 4-13-06 1 App. C, § 45-35.1 I. Supp. No. 33 2889 NORTH PALM BEACH CODE Adoption Section Ord. No. Date Section this Code 2006-06 4-13-06 1 App. C, § 45.32 A. 2006-07 5-25-06 2 2-164(a) 3 Rpld 2-164(b) Rnbd 2-164(c) (e) as (b) (d) 2006-08 6- 8-06 1 5-33 2 5-35 3 Added 5-38 2006-09 6-22-06 1 5-103(b) 2006-13 8-10-06 1,2 Added 12-17 2006-14 7-27-06 1 2-151(a) 2006-17 9-14-06 1 2-16 2006-20 9-28-06 2 14-30(2) 2006-22 9-14-06 2 Added App. C, § 45-23 2006-23 11- 9-06 2 2-84, 2-85 3 Added 2-111, 2-112 2006-24 11- 9-06 2.A 2-40(a)(3) (7) 2.B 5-15(3) 2.C.1 6-17 2.C.2 6-114(D)(2)c. 2.C.3 6-117(I) 2.D 8-3(c) 2.E.1 14-27(2) 2.E.2 14-29 2.F 15-2 2.G.1 19-112(b) 2.G.2 19-116(b) 2.G.3 19-117(b) 2.H.1 21-44 2.H.2 21-47 21-70(a)(2) 2.H.3 21-103 2.H.4 21-104(a)(4) 2.I 27-17 2.J App. A, § I 2.K.1 App. B, § 36-9 2.K.2 App. B, § 36-10(1), (4), (7) 2.K.3 App. B, § 36-11(24) 2.K.4 App. B, § 36-12(2) 2.K.5 App. B, § 36-14(1) (3), (6) 2.K.6 App. B, § 36-38.1 2.L.1 App. C, § 45-20(4)(b) 2.L.2 App. C, § 45-27 E. 2.L.3 App. C, § 45-37 C., E.1, G.1, H.l.b.ii 2006-26 12-14-06 2 4, 6 Added 2-170.12 2-170.15 2006-28 12-14-06 2 2-173 3 3-4(c)(1), (2) 4 12-17(c) 5 17-3 6 Ch. 17, Art. II(title), 17-16 17-20, 17-22 17-28, 17-30 17-33 7 19-211(3) Supp. No. 33 2890 CODE COMPARATIVE TABLE Adoption Section Ord. No. Date Section this Code 8 19-221 9 29-5(a) 10 App. C, § 45-20(9), (10) 11 App. C, § 45-36 Q(5) 2007-01 1-11-07 2 Added 21-48 2007-03 2- 8-07 2 6-17 [The next page is 2933] Supp. No. 33 2891 CODE INDEX Section Section A ALARMS (Confd.) ABANDONMENT Exemptions 19-218 False alarms Abandoned, inoperative and junked prop- Excessive false alarms declared public erty 14-37 et seq. nuisance........................ 19-212 See: GARBAGE AND TRASH Service charge; collection 19-213 Boats Fire division equipment; fire alarm system 12-53 Boat launching area; abandoned boats Identification required 19-215 and equipment 5-36, 5-37 System standards....................... 19-219 Generally 5-8 Telephone trunk lines Dogs, other animals 4-10 Interference with public safety depart- ACTS BY AGENTS went telephone trunk lines prohib- Defmitions and rules of construction 1-2 ited 19-215 Violation and penalty 19-214 ADMINISTRATIVE CODE Audit committee 2-56 et seq. ALCOHOLIC BEVERAGES See: AUDITS Consumption on playgrounds and public Bonds required of certain officers 2-42 parks 3-3 Defmition 2-39 Nudity, partial nudity, sexual conduct; pro- Departmental organization 2-40 hibited at alcoholic beverage estab- Oaths of office lishments 3-4 Chief administrator and officers, form of Sales restricted; hours of sale 3-2 oath 2-41(b) State law defmitions adopted............ 3-1 Members of department of public safety, Zoning form of oath 2-41(c) Location of business for retail sales of Persons required to take oath of office . 2-41(a) alcoholic beverages 45-20(2), Policy and procedures 45-36.N Department heads 2-43(b) C-3 Regional Business District...... 45-34.1(9) Departments 2-43(c) AMBULANCES Officers 2-43(a) Definition 17-50 ADULT ENTERTAINMENT ESTABLISH- Unlawful operation 17-51 MENTS AMUSEMENTS AND AMUSEMENT PLACES Zoning regulations re. See: ZONING (Ap- Coin-operated amusements; proximity to pendix C) schools restricted 19-4 ADVERTISING AND, OR Handbills; distribution restricted......... 19-7 Noise control policy re loudspeakers and Definitions and rules of construction 1-2 devices for advertising 19-105 ANIMALS AND FOWL Signs and outdoor displays 6-110 et seq. Abandonin 4-10 See: SIGNS AND BILLBOARDS g Birds AFFIDAVITS Molesting songbirds 4-9 Home occupations; local business tax Village designated bird sanctuary; hunt- Affidavit of applicant required......... 17-3(e) ~g prohibited 4-2 Cats. See herein: Dogs and Cats AFFIRMATION. See: OATH,AFFIRMATION, Code enforcement board, applicability re.. 2-173 SWEAR OR SWORN Contagious diseases, animals with 4-11 AGREEMENTS. See: CONTRACTS AND Cruelty to animals 4-7 AGREEMENTS Definitions 4-1 Dogs and cats ALARMS Collar and tag Alarm business central office required.... 19-215 Required 4-25 Alarm permit required 19-208 Unauthorized removal 4-26 Application for 19-209 Impoundment Issuance 19-211 Disposition upon owner's failure to Terms; fees; nontransferable 19-210 redeem 4-30(d) Audible alarms 19-216 Notice............................. 4-30(b) Code enforcement board, enforcement Redemption by owner 4-30(c) through 19-217 Required 4-30(a) Defmitions 19-207 Inoculation 4-24 Supp. No. 33 2935 NORTH PALM BEACH CODE Section Section ANIMALS AND FOWL (Confd.) APPEARANCE PLAN (Appendix A) (Confd.) Prohibited in certain areas; exceptions. 4-27 Maintenance for good appearance Rabies control. See herein that subject Buildings and appurtenances.......... VII(B) Registration 4-24 Public property....................... VII(C) Running at large Site VII(A) Cats 4-28(c) Participation and incentives VI Dogs on property of others.......... 4-28(b) Statement of policy II Dogs on streets and sidewalks 4-28(a) Vicious, biting and attacking dogs 4-29 ARCHAEOLOGICAL SITE PROTECTION Waste removal Appeals 21-107 Persons walking dogs responsible for Applicability 21-102 removal of waste 4-31 Archaeological review, development sub- Waste-removal implements, persons ject to 21-104 walking dog to carry 4-32 Certificate to dig 21-105 Enforcement Cost 21-106 General enforcement 4-5 Definitions 21-103 Hindering enforcement 4-4 Hearing................................ 21-108 Fight, causing animals to 4-8 Intent.................................. 21-101 Keeping certain animals prohibited; excep- Purpose 21-101 tion 4-6 Violations and penalties................. 21-108 Killing 4-3 ASSEMBLIES Molesting songbirds or domestic pets 4-9 Meetings of boards and commissions; ad- Noise control policy re animal noises 19-107 Nuisances, animals creatin 4-12 journment of 2-3 g ' ' ' ' ' ' ' ' ' ' ' ' ' Meetings of specific boards, etc. See spe- Poisoning 4-3 cific subjects Rabies control Park and recreation area; meetings and Death or destruction, reporting........ 4-46 gatherings 20-22 et seq. Muzzles; when required 4-45 See: PARKS, PLAYGROUNDS AND Rabid animals RECREATION Confinement 4-43 Duty to report; impounding......... 4-44 ATLANTIC OCEAN Nuisance, declared 4-42 Regulations governing construction of docks, ANNEXATION piers in Lake Worth and Atlantic Ocean 5-85 Planning and development; filing fees and cost for voluntary annexation of land 21-2 AUDITS Audit committee ANTENNAE Access to records 2-56 Zoning regulations 45-21 Administrative services............... 2-57 APPEARANCE PLAN (Appendix A) Composition; terms; vacancies......... 2-52 (Note Section citations contained herein Created 2-51 refer to section citations found within Duties 2-54 Appendix A) Organization 2-53 Administration V Removal............................. 2-55 Areas of jurisdiction III Basis I g Criteria for appearance Building and site to adjoining area, re- BATHING lationship of IV(B) Diseased persons prohibited from bathing Building design IV(D) in public pools, etc. 19-3 Buildings to site, relationship of....... IV(A) $ICYCLES Evaluation, factors for IV(H) Park regulations 20-6 Landscape and site treatment IV(C) Subdivisions, required improvements re Maintenance-planning and design fac- bikeways 36-29.1 tors IV(G) Miscellaneous structures and street hard- BILLBOARDS. See: SIGNS AND BILL- ware IV(F) BOARDS Signs IV(E) Defmitions VIII BIRDS. See: ANIMALS AND FOWL Supp. No. 33 2936 CODE INDEX Section Section BLOCKS BOATS, DOCKS AND WATERWAYS (Confd.) Subdivision design standards 36-18 Navigation canals 5-58 BOARDS, COMMITTEES AND COMMIS- Surety bond prerequisite to issuance SIONS. See: DEPARTMENTS AND of building permit in certain cases 5-61 OTHER AGENCIES OF VILLAGE Docks and piers BOATS, DOCKS AND WATERWAYS Construction in waters other than Abandoned boats 5-8 Lake Worth andAtlantic Ocean, Anchoring and mooring regulations governing 5-84 Limitation on anchoring and mooring in Defmitions 5-81 prohibited area; mooring permit Generally 5-82 required 5-18 Lake Worth and Atlantic Ocean, reg- Mooring limitations in lagoons (private ulations governing construction docks) 5-16 in............................ 5-85 Unlawfully anchored or moored vessels Minimum design requirements...... 5-83 Claiming of vessel by owner; payment Variances 5-86 of costs 5-23 Erosion control structures Department of public safety to im- Construction 5-95 pound 5-19 Control 5-96 Owner to be notified upon impound- Defmitions 5-93 ment 5-20 Permitted, when................... 5-94 Procedure in event owner cannot be Piers. See within this subheading: Docks found 5-21 and Piers Reclamation of owner after sale..... 5-24 Seawalls. See within this subheading: Unclaimed vessel to be sold; certifica- Bulkheads and Seawalls tion of sale 5-22 Definitions 5-1 Use of vessel for dwelling purposes in Disturbing other boats 5-6 prohibited area 5-25 Exhibition boats exempted from certain Authority of city to board boats violating restrictions 5-4 provisions 5-17 Flood damage prevention provisions...... 12.5-1 et seq. Boat launching area See: FLOOD DAMAGE PREVENTION Abandoned boats and equipment Fueling of marine craft 5-26 Disposition 5-36 Health and sanitation requirements Recovery 5-37 Cleanliness of docks.................. 5-11 Designated; use restricted 5-33 Observance of village health and con- Permits required duct rules 5-10 Boats remaining for more that 24 Pollution of waterways 5-13 hours 5-35 Refuse disposal....................... 5-12 Repairs prohibited 5-34 Living aboard boats restricted 5-15 Vehicle/trailer parking in designated ar- Marine sanctuaries eas 5-35 Designation of waters as marine sanctu- Violation; penalty 5-38 aries Bulkhead lines 7-1 et seq. Area to be regulated 5-101(c) See: BULKHEAD LINES Areas designated 5-101(b) Coastal construction code 6-151 et seq. Construction of provision 5-101(d) See: COASTAL CONSTRUCTION CODE Defmition 5-101(a) Code enforcement board, applicability re.. 2-173 Mooring, docking, or beaching of boats on Construction requirements public or private property without Bulkheads and seawalls permission 5-9 Compliance with provisions required 5-69 Parking Inspection required 5-73 Boating equipment; parking on residen- Permitfee 5-72 tial property restricted........... 18-35 Specifications 5-71 Prohibited parking upon right-of-way of Submission of plans and specifica- specific roadways 18-34.1 tions 5-70 Running engines, hours in residential dis- Canals tricts 5-14 Canal crossings 5-60 Searchlights, use of 5-7 Compliance with provisions required 5-56 Speed limits; wakes 5-2 Drainage canals 5-59 Subdivision provisions re waterways 36-22 et seq. General requirements 5-57 See: SUBDIVISIONS (Appendix B) Supp. No. 33 2937 NORTH PALM BEACH CODE Section Section BOATS, DOCKS AND WATERWAYS (Confd.) BUILDINGS (Confd.) Swimming in restricted waters 5-3 Missiles, throwing 19-83 Water skiing 5-5 Noise from building..................... 19-102 Waterways board 5-102 et seq. Obstructing passageway................. 19-47 BOISTEROUS CONDUCT Outdoor displays. See herein: Signs and Outdoor Displays Noisy and boisterous 19-106 park and recreation facilities; erecting build- BONDS ings or structures 20-3 Administrative code; bonds required of ter- Public land, construction on prohibited 6-1 tain officers 2-42 Signs and outdoors displays 6-110 et seq. Canal construction; surety bond prerequi- See: SIGNS AND BILLBOARDS site to issuance of building permit... 5-61 Smoke, dust, odors, liquids, etc........... 19-9 Finance director, duties re 2-59(7) Spitting in public places prohibited....... 19-5 Village manager 2-117 Stormwater management; level of finished floor of structures 21-63 BRUSH. See: WEEDS AND BRUSH Subdivision regulations 36-1 et seq. BUILDINGS See: SUBDIVISIONS (Appendix B) Appearance code Swimming pools 25-1 et seq. Appeals and review 6-35 See: SWIMMING POOLS Zoning regulations 45-1 et seq. Appearance plan 6-33 See: ZONING (Appendix C) Certificate of appropriateness Final hearings 6-57 BULKHEAD LINES Follow-up by building inspector 6-60 Code enforcement board, applicability re.. 2-173 Planning commission Established; designated 7-1 Action of 6-58 Filling operation beyond bulkhead line pro- Approval by 6-59 hibited............................ 7-2 Preliminary consideration 6-56 Filling permit Definition 6-31 Application fees 7-19 Intent and purposes 6-32 Application; issuance 7-18 Planning commission, powers and du- Expiration date; renewal; revocation... 7-20 ties re 6-36 public hearing prerequisite to consider- Shorttitle 6-30 ation 7-17 Appearance plan (Appendix A). See that Required 7-16 subject Unlawful fill; removal 7-3 Coastal construction code 6-151 et seq. See: COASTAL CONSTRUCTION CODE BULKHEADS Code enforcement board, applicability re.. 2-173 Bulkheads and seawalls, construction re- Codes quirements re 5-69 et seq. Appearance code. See herein that sub- See: BOATS, DOCKS AND WATER- ject WAYS Building code 6-17 Coastal construction code 6-151 et seq. BUSINESS REGULATIONS Electrical code 11-11, 11-12 Ambulances 17-50, 17-51 Energy efficiency building code 6-150 Businesses located outside village limits Fire prevention code 12-16 et seq. Application for certificate of regulation. 17-34.2 Housing code 15-1, 15-2 Certificate of business regulation re- Country club 9-1 et seq. quired; basis of one year 17-34 See: COUNTRY CLUB Commercial vehicles, marking of 17-34.13 Electrical code 11-11, 11-12 Compliance by principal deemed compli- Energy efficiency building code ante by agent 17-34.8 Adopted by reference 6-150 Delinquency penalty.................. 17-34.4 Flood damage prevention 12.5-1 et seq. Doing business not covered by certifi- See: FLOOD DAMAGE PREVENTION cate of regulation 17.34-7 Housing code 15-1, 15-2 Duplicate certificates of regulation..... 17-34.6 Landscaping 27-31 et seq. Duration............................. 17-34.3 See: LANDSCAPING False statements Minimum construction standards Certificate obtained void ab initio 17-34.7 Authority 6-16 Engaging in business without certifi- Codes adopted 6-17 cate of regulation or under cer- Violations and penalty 6-19 tificate issued on.............. 17-34.11 Supp. No. 33 2938 CODE INDEX Section Section BUSINESS REGULATIONS (Cont'd.) CAMPING Fee exemptions 17-34.10 Recreational, boating and camping equip- Fee schedule 17-34.12 ment; parking on residential property Half-year certificate 17-34.3 restricted.......................... 18-35 Issuance of certificate 17-34.3 Noncompliance of principal............ 17-34.8 CANALS Nonprofit enterprise, special permit for 17-34.5 Construction requirements 5-56 et seq. Refund of fee 17-34.9 See: BOATS, DOCKS AND WATER- Registration required 17-34.1 WAYS Renewal 17-34.4 CATS Suspension or revocation of certificate . 17-34.9 Regulations enumerated 4-24 et seq. When due and payable 17-34.3 See: ANIMALS AND FOWL Garage and other sales 17-61 et seq. See: GARAGE AND OTHER SALES CERTIFICATES Home occupations 17-3(a) et seq. Appearance code; certificate of appropriate- See: HOME OCCUPATIONS ness 6-56 et seq. Local business tax See: BUILDINGS Application for business tax receipt.... 17-18 Boats, docks and waterways; unlawfully Business tax exemptions 17-31 anchored or moored vessels Business tax imposed; basis of one year 17-16 Unclaimed vessel to be sold; certifica- Business tax receipt renewal; delin- tion of sale 5-22 quency penalty 17-20 Businesses located outside village limits, Business tax schedule 17-33 certificate of business regulations re. 17-34 et seq. Compliance by principal deemed compli- See: BUSINESS REGULATIONS ante by agent; noncompliance of Emergency medical services 11.5-21 principal 17-29 Historic site overlay district; certificate of Declaration where fee depends on vari- appropriateness 45-37(H) able factors within applicant's knowledge 17-23 CIVIL DISORDERS AND DISTURBANCES. Doing business not covered by receipt; See: EMERGENCY MANAGEMENT receipt obtained by false state- CLERK ments void ab initio 17-28 Department of records, provisions re vil- Duplicate receipts 17-27 lage clerk and deputy village clerk 2-67 et seq. Engaging in business without receipt or See: DOCUMENTS AND PUBLIC under receipt issued on false state- RECORDS ments 17-32 How tax construed as to specified pro- CLUBS fessions 17-21 Country club 9-1 et seq. Issuance of receipt; duration; half-year See: COUNTRY CLUB receipt; when due and payable 17-19 Marking of commercial vehicles 17-33.1 COASTAL CONSTRUCTION CODE Receipt to be posted or carried 17-26 Coastal construction requirements Special permit for nonprofit enterprise . 17-22 Location of construction 6-155(4) Suspension or revocation of receipt; re- Major structures, structural require- fund of fee 17-30 ments for 6-155(1) Transfer of receipts to new location 17-25 Minor structures, structural require- Transfer of receipts to new owner...... 17-24 ments for 6-155(3) Wellfield protection Nonhabitable major structures, struc- Regulation of business activities with tural requirements for 6-155(2) potential to contaminate land and Public access 6-155(5) water resources 19-221 Definitions 6-154 Zoning Flood damage prevention 12.5-1 et seq. Location of business for retail sales of See: FLOOD DAMAGE PREVENTION alcoholic beverages 45-20(2), 45- Purpose................................ 6-152 36.N References 6-156 C-3 Regional Business District...... 45-34.1(9) Scope Applicability 6-153(a) C Exceptions 6-153(b) Permits, application for 6-153(c) CABLE TELEVISION. See: TELEVISION Title 6-151 Supp. No. 33 2939 NORTH PALM BEACH CODE Section Section CODE ENFORCEMENT BOARD COMMUNICATIONS (Confd.) Actions for money judgments Service tax 26-51 et seq. Limitation 2-182 See: TAXATION Alarm regulations, enforcement re 19-217 Applicability 2-173 COMMUNITY DEVELOPMENT DEPART- Declaration of legislative intent 2-171 MENT Defmitions 2-172 Director's duties........................ 2-111 Enforcement procedure 2-175 Divisions Fines; liens Code compliance 2-112(2) Appeals 2-180 Permits and inspections 2-112(1) Copies of orders imposing fines........ 2-178(d) Planning 2-112(3) Determination of amount of fine....... 2-178(b) Duration of lien 2-179 COMPUTATION OF TIME Generally 2-178(a) Definitions and rules of construction 1-2 Notices 2-181 Reduction of fine 2-178(c) CONCURRENCY MANAGEMENT Hearing, conduct of 2-176 Provisions enumerated 21-41 et seq. Organization See: PLANNINGAND DEVELOPMENT Attorney 2-174(c) COUNCIL. See: VILLAGE COUNCIL Officers; quorum; compensation 2-174(b) Qualifications and term 2-174(a) COUNTRY CLUB Powers 2-177 Advisory board CODE OF ORDINANCES* Compensation 9-19 Altering Code 1-7 Composition 9-17(a) Amendments 1-6 Created.............................. 9-16 Catchlines 1-3 Duties Administrator 9-21(b) Court cost Assessment of additional court costs for Budget 9-21(d) criminal justice education expendi- Management and administration.... 9-21(a) tures 1-9 Village employees.................. 9-21(c) Defmitions and rules of construction 1-2 Meetings 9-20 Designated and cited 1-1 Officers' quorum 9-19 References to chapters or sections........ 1-3 Removal 9-18 Repeal of ordinances, effect of............ 1-4 Terms 9-17(b) Severabilit of arts 1-5 Vacancies 9-17(c) Y P Village clerk, duties re recording ordi- Finances nances 2-67(3) Delinquent accounts; penalties 9-32 Village logo 1-10 Premises Violations and penalty 1-8 Disfiguration and/or removal of building or other property 9-1(1) COIN-OPERATED AMUSEMENTS Enforcement 9-2 Proximity to schools restricted 19-4 Hours 9-1(2) COMBAT AUTO THEFT (CAT) Signs 9-2 Establishment, regulations 18-19 Violations and penalties 9-2 COMMITTEES, COMMISSIONS. See: DE- COUNTY PARTMENTSAND OTHERAGENCIES Definitions and rules of construction 1-2 OF VILLAGE COURTS COMMUNICATIONS Court cost Telecommunications Assessment of additional court costs for Generally 29-1 et seq. criminal justice education expendi- See: TELECOMMUNICATIONS tures 1-9 *Note-The adoption, amendment, repeal, omissions, effec- tive date, explanation of numbering system and other matters D pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface DECALS which are to be found in the preliminary pages of this volume. Combat Auto Theft (CAT) 18-19 Supp. No. 33 2940 CODE INDEX Section Section DEPARTMENTS AND OTHER AGENCIES DISTRICTS OF VILLAGE Zoning regulations 45-16 et seq. Administrative code 2-39 et seq. See: ZONING (Appendix C) See: ADMINISTRATIVE CODE DISTURBANCES. See: CIVIL DISORDERS Appearance board. See: APPEARANCE AND DISTURBANCES PLAN (Appendix A) Audit committee 2-56 et seq. DOCKS. See: BOATS, DOCKS AND WATER- See: AUDITS WAYS Code enforcement board 2-171 et seq. DOCUMENTS AND PUBLIC RECORDS Committees and boards generally; resi- Department of records dency requirements 2-1 Deputy village clerk Community development department..... 2-111 et seq. Appointment 2-68 See: COMMUNITY DEVELOPMENT Duties 2-69 DEPARTMENT Village clerk; duties Country club advisory board 9-16 et seq. Election records, keeping........... 2-67(5) See: COUNTRY CLUB Expiration of term, notice of 2-67(7) Finance, department of 2-59 Official seal, keeping............... 2-67(8) See: FINANCES Record ordinances 2-67(3) Fire and police retirement board of trust- Village council Keep records of council 2-67(2) ees 2-164 et seq. See: PENSIONS AND RETIREMENT Public council action 2-67(4) Serve as clerk of council 2-67(1) Fire division 12-29 et seq. Vital statistics, kee m 2-67(6) See: FIRE PREVENTION AND PRO- p g ~ ~ TECTION Police division, duties re records 2-76(b)(1) Village clerk and deputy village clerk. See General employees retirement board 2-151 et seq. herein: Department of Records See: PENSIONS AND RETIREMENT Library board 16-16 et seq. DOGS Library, department of 2-93 Regulations enumerated................. 4-24 et seq. Meetings of boards and commissions; ad- See: ANIMALS AND FOWL journment of 2-3 DRAINAGE Meetings of specific boards, etc. See spe- Stormwater management 21-61 et seq. cific subjects See: STORMWATER MANAGEMENT Planning and development board of adjust- Subdivision design standards re easements ment 21-21 and rights-of-way.................. 36-22(b) Planning commission 21-11, 21-12 Zoning; surface water management Public safety, department of 2-75, 2-76 C-3 Regional Business District 45-34.1(8) See: PUBLIC SAFETY DEPARTMENT Public works, department of 2-84, 2-85 DROUGHT See: PUBLIC WORKS DEPARTMENT Water shortage emergencies 19-200 et seq. See: WATER SHORTAGE EMERGEN- Records, department of 2-67 et seq. LIES See: DOCUMENT AND PUBLIC RECORDS Recreation department 2-110 E Recreation advisory board 20-61 et seq. ELECTIONS See: PARKS, PLAYGROUNDS AND Ballots RECREATION Direction for preparation 10-8 Reserve police force 23-42 et seq. Public measure....................... 10-10 See: POLICE Specifications; general and runoff elec- Village council 2-16 et seq. tions 10-9 Waterways board 5-102 et seq. Candidacy Candidates for office; qualifying 10-5 DEVELOPMENTS. See: PLANNINGAND DE- Preservation of notice of candidacy 10-6 VELOPMENT Clerks. See herein: Inspectors and Clerk Early voting 10-13 DISABLED AND HANDICAPPED PERSONS General elections, notice of 10-3 Applicability of dog prohibitions to guide Inspectors and clerk and service dogs 4-27(d) Appointment......................... 10-58 Parking violations re handicap spaces 18-37 Compensation 10-61 Supp. No. 33 2941 NORTH PALM BEACH CODE Section Section ELECTIONS (Cont'd.) ENERGY EFFICIENCY BUILDING CODE Filling vacancy 10-60 Adopted by reference.................... 6-150 Good order, duty to maintain and report violations 10-62 ENGINE EXHAUST Instruction prior to election 10-64 Noise control policy 19-108 Oath required 10-59 EROSION CONTROL STRUCTURES Organization 10-63 Construction regulations 5-93 et seq. Polling place See: BOATS, DOCKS AND WATER- Designated 10-76 WAYS Policeman to be present 10-77 Special elections EXCAVATIONS Notice of 10-4 Bulkhead lines 7-1 et seq. When held 10-2 See: BULKHEAD LINES State laws Stormwater management 21-61 et seq. Applicable state laws adopted 10-1 See: STORMWATER MANAGEMENT Doting machines may be used; state law Street excavations 24-16 et seq. applicable 10-7 See: STREETS, SIDEWALKS AND PUB- Village clerk, duties re keeping election LIC PLACES records 2-67(5) EXCRETA Doting machines may be used; state law applicable 10-7 Dog waste, removal provisions re 4-31, 4-32 ELECTRICAL CODE F Amendments, corrections, additions 11-12 Code enforcement board, applicability re.. 2-173 FENCES, WALLS, HEDGES AND ENCLO- SURES ELECTRONIC AUDIO EQUIPMENT Landscaping 27-31 et seq. Noise control 19-104 See: LANDSCAPING EMERGENCIES Swimming pool requirements 25-5 Ambulances 17-50, 17-51 FINANCES Emergency management 8-1 et seq. Budget procedures...................... 2-2 See: EMERGENCY MANAGEMENT Country club, provisions re 9-21(d), 9-32 Emergency medical services Court cost Fees Assessment of additional court costs for Billing and collection 11.5-23 criminal justice education expendi- Establishment 11.5-22 tures........................... 1-9 Generally 11.5-21 Department of finance Fire division 12-29 et seq. Finance director; duties See: FIRE PREVENTION AND PRO- Accounts of receipts and expendi- TECTION tures 2-59(8) Water shortage emergencies 19-200 et seq. Budget duties 2-59(2) See: WATER SHORTAGE EMERGEN- Cancellation of evidences of old debt 2-59(9) LIES Collect moneys and fees due village . 2-59(12) Examine books 2-59(6) EMERGENCY MANAGEMENT Financial statements 2-59(3) Applicability 8-2 Fiscal supervision over officers...... 2-59(5) Civil disorders and disturbances Declaration of a state of emergency.... 8-22 Keep accounts 2-59(4) Pay village employees 2-59(11) Mayor designated local authority for pres- Prescribe form 2-59(1) ervation of public peace.......... 8-21 Receive and disburse moneys 2-59(10) Declaration of a state of emergency 8-5 Responsibility for proceeds of bonds . 2-59(7) Defmitions 8-1 Investment policy of the village 2-4 Emergency management structure 8-3 Pensions and retirement. See also that Powers, duties and responsibilities 8-4 subject Termination of a state of emergency...... 8-6 Length of service award plan for volun- EMPLOYEES. See: OFFICERS AND EM- teer firefighters 2-170 et seq. PLOYEES Pension and certain other benefits for fire and police employees 2-159 et seq. ENCLOSURES. See: FENCES, WALLS, Pension and certain other benefits for HEDGES AND ENCLOSURES general employees 2-146 et seq. Supp. No. 33 2942 CODE INDEX Section Section FINANCES (Confd.) FIRE PREVENTION AND PROTECTION Planning and development; filing fees and (Confd.) cost for changes 21-1, 21-2 Remedies 12-107 Social security 2-136 et seq. Pension and certain other benefits for fire See: SOCIAL SECURITY and police employees 2-159 et seq. Taxation. See that subject See: PENSIONS AND RETIREMENT Village manager 2-118 FIREARMS AND WEAPONS FINES, FORFEITURES AND OTHER PEN- Concealed wea ons, carr 'n 19-184 ALTIES p ~ g Forfeiture; disposition 19-186 Code enforcement board; fines and liens 2-178 possession 19-183 Code of ordinances, provisions re general Sales restricted penalty and continuing violations 1-8 Record of sales required 19-185(c) Parking violation 18-37, 18-38 Specified weapons, display and sale of . 19-185(b) Pension and certain other benefits for fire Switchblade knives prohibited......... 19-185(a) and police employees Stench bombs prohibited 19-82 Board of trustees for; forfeiture of mem- See: STENCH BOMBS bership on board for absenteeism . 2-164(b) Contributions; forfeitures 2-163(d) FLOOD DAMAGE PREVENTION FIRE PREVENTION AND PROTECTION Abrogation and greater restrictions 12.5-8 Barbecue grills and similar cooking devices 19-10 Areas of special flood hazard Code enforcement board, applicability re.. 2-173 Basis for establishment 12.5-7 Department of public safety, provisions re Warnings regarding designations 12.5-10 fire division 2-76(c) Building official See: PUBLIC SAFETY DEPARTMENT Designated as flood damage control ad- Fire division ministrator 12.5-21 Composition 12-30 Duties and responsibilities 12.5-23 Created;functions 12-29 Definitions 12.5-5 Emergency medical technician volun- Development permit teers 12-32 Required............................. 12.5-22 Equipment Findings of fact 12.5-2 Acquisition 12-52 Flood hazard reduction provisions Fire alarm system 12-53 Coastal high hazard areas 12.5-44 Generally 12-51 General standards Housing 12-54 Anchoring......................... 12.5-41(1) Private use of equipment 12-55 Construction materials and methods 12.5-41(2) Tampering with equipment 12-56 Enclosures below lowest floor 12.5-41(6) Impersonating fireman 19-8 Mechanical and utility equipment... 12.5-41(5) Motor equipment and members' cars des- Subdivision proposals 12.5-41(4) ignated emergency vehicles 12-31 Utilities 12.5-41(3) Personnel Regulatory floodways 12.5-43 Badges 12-41 Sand dunes and mangrove stands 12.5-45 Car insignia 12-42 Specific standards Other officers accountable to chief... 12-39 Nonresidential construction......... 12.5-42(2) Police assistance 12-43 Residential construction............ 12.5-42(1) Special police powers 12-40 Interpretation 12.5-9 Volunteer firefighters, length of service Lands to which provisions applies........ 12.5-6 award plan for 2-170 et seq. Methods of reducing flood losses 12.5-4 See: PENSIONS AND RETIREMENT Noncompliance, penalties for 12.5-11 Florida fire prevention code Statement of purpose and objectives...... 12.5-3 Adopted by reference 12-16 Statutory authorization 12.5-1 Fire inspection fee schedule........... 12-17 Variance rocedure 12.5-24 p Hazardous substances, cost recovery for cleanup, abatement and removal of FLORIDA, STATE OF. See: STATE Authority of public safety department.. 12-102 Cost reimbursement to village......... 12-103 FOLLOWING, PRECEDING Definitions 12-101 Definitions and rules of construction 1-2 Exceptions for fire suppression services 12-105 Late fee for failure to reimbursement 12-106 FOOD AND FOOD PREPARATION Records 12-104 Barbecue grills and similar cooking devices 19-10 Supp. No. 33 2943 NORTH PALM BEACH CODE Section Section FORFEITURES. See: FINES, FORFEITURES GATHERINGS. See: ASSEMBLIES AND OTHER PENALTIES GENDER FOWL. See: ANIMALS AND FOWL Definitions and rules of construction 1-2 FRANCHISES GUNS. See: FIREARMS AND WEAPONS Enumerated. See Appendix D Use of rights-of-way for utilities.......... 28-1 et seq. g See: UTILITIES HANDBILLS G Distribution restricted 19-7 GAMBLING HANDGUNS. See: FIREARMS AND WEAP- Animals, causing to fight 4-8 ONS GARAGE AND OTHER SALES HANDICAPPED PERSONS. See: DISABLED Gara e sales 17-61 AND HANDICAPPED PERSONS g Permit required 17-62 HAZARDOUS SUBSTANCES Violations and penalties 17-63 Recovery of costs for cleanup, abatement GARBAGE AND TRASH and removal 12-101 et seq. Abandoned, inoperative and junked prop- See: FIRE PREVENTION AND PRO- erty TECTION Definitions 14-37 HEALTH AND SANITATION Disposition of property 14-48 Animals and fowl, provisions re 4-11 et seq. Hearing See: ANIMALS AND FOWL Procedure for hearing 14-45 Bathing regulations Request for hearing 14-44 Diseased persons prohibited from bath- Impounded property, redemption of 14-51 in in ublic ool, etc. 19-3 g P P Liability of owner or occupant 14-52 Boats, docks, etc., provisions re 5-10 et seq. Notices See: BOATS, DOCKS AND WATER- Content of notice 14-42 WAYS Contents of public sale notice 14-49 Code enforcement board, applicability re.. 2-173 Notice of removal 14-47 Garbage and trash...................... 14-23 et seq. Notice to remove 14-40 See: GARBAGE AND TRASH Procedure 14-41 Park and recreation facilities; failure to Prima facie evidence of violation....... 14-39 cooperate in keeping restrooms neat Prohibited conditions; enumerated ex- or sanita 20-2 ry ceptions 14-38 Rabies control 4-42 et seq. Public sale 14-50 See: ANIMALS AND FOWL Removal of property from premises 14-46 Weeds and brush 14-79 et seq. Responsibility for removal 14-43 See: WEEDS AND BRUSH Boats; refuse disposal 5-12 Garbage collection and disposal HEDGES. See: FENCES, WALLS, HEDGES Charges AND ENCLOSURES Commercial use property waste dis- HITCHHIKING posal fees and collection proce- Prohibitions 19-6 dures 14-30 Fee for excess amounts from commer- HOME OCCUPATIONS cial establishments 14-28 Customer service requirements and perfor- Generally 14-27 mance standards................... 17-2 When and where paid 14-29 Definitions 17-3(b) Definition 14-23 Effective date........................... 17-3(i) Frequency of collection 14-26 Local business tax. See also that subject Garbage cans Generally 17-16 et seq. Kept covered 14-25 Home occupation provisions Required 14-24 Affidavit of applicant required 17-3(e) Landscaping; refuse container areas...... 27-41 Appeals 17-3(g) Public works department Requirement of business tax receipt. 17-3(c) Refuse disposal division 2-85(2) Permitted uses, home occupations as 17-3(a) Weeds and brush 14-79 et seq. Repeal of ordinances.................... 17-3(h) See: WEEDS AND BRUSH Standards 17-3(d) Supp. No. 33 2944 CODE INDEX Section Section HOME OCCUPATIONS (Confd.) JUNK Violation of standards or conditions deemed Abandoned, inoperative and junked prop- a Code violation 17-3(f) ert 14-37 et se y q. See: GARBAGE AND TRASH HORNS Noise control 19-103 K HOUSING KNIVES. See: FIREARMS AND WEAPONS Boats, docks and waterways; anchoring and mooring Use of vessel for dwelling purposes in L prohibited area 5-25 LAKE WORTH HOUSING CODE Marine sanctuary, designation as 5-101 Adopted by reference 15-1 Regulations governing construction of docks, Amendments 15-2 piers in Lake Worth and Atlantic Code enforcement board, applicability re.. 2-173 Ocean 5-85 LAND I Buildings; construction on public land pro- hibited 6-1 IMPERSONATION Planning and development 21-01 et seq. Impersonating police officer; fireman or See: PLANNING AND DEVELOPMENT other village official 19-8 Subdivision regulations 36-1 et seq. See: SUBDIVISIONS (Appendix B) IMPOUNDMENT Abandoned, inoperative and junked prop- LANDSCAPING erty Accessways 27-36 Redemption of impounded property 14-51 Appearance plan (Appendix A). See that Boats, docks and waterways; unlawfully subject anchored or moored vessels Application of provisions; enforcement.... 27-33 Department of public safety to im- Certain yard areas, off-street parking and pound 5-19 other vehicular use areas Owner to be notified upon impound- Existing plant material 27-67 ment 5-20, 5-21 Installation 27-60 Dogs and cats 4-30 Maintenance......................... 27-61 INDECENCY AND OBSCENITY Parking area interior landscaping 27-65 Adult entertainment establishments Perimeter landscaping relating to abut- Zoning regulations re. See: ZONING (Ap- ting properties 27-64 pendix C) Plant material Ground covers 27-62(e) Alcoholic beverage establishments; nudity, Lawn grass 27-62(f) partial nudity, sexual conduct prohib- ualit Q y 27-62(a) ited 3-4 Shrubs and hedges 27-62(c) Topless costumes 19-64 Tree species 27-62(b) Vulgar language 19-65 Vines 27-62(d) Window peeping 19-66 Required landscaping adjacent to public INSURANCE EXCISE TAXES rights-of-way 27-63 Casualty insurance remiums 26-16 Scope, applicability 27-59 p Property insurance premiums............ 26-17 Sight distance adjacent to public rights- of-way and points of access....... 27-66 INTRACOASTAL WATERWAY Certificate of completion 27-35 Marine sanctuary, designation as 5-101 Code enforcement board, applicability re.. 2-173 Completed landscaping required for certif- INVESTMENTS icate of use and occu anc 27-37 Investment policy of the village 2-4 p Y Definitions 27-31 Improved nonresidential properties in ex- ~J istence on September 23, 1971 Applicable requirements 27-40(b) JOINT AUTHORITY Exceptions 27-40(c) Defmitions and rules of construction 1-2 Objectives 27-40(a) Supp. No. 33 2945 NORTH PALM BEACH CODE Section Section LANDSCAPING (Confd.) LICENSES AND PERMITS (Confd.) Planning commission, submission of plans Seawalls. See herein: Bulkheads and Sea- to 27-40(d) walls Objectives 27-32 Sidewalk and driveway permits 24-55 et seq. Off-street parking landscape manual 27-38 See: STREETS, SIDEWALKS AND PUB- Plot use plan approval prerequisite to issu- LIC PLACES ante of permits for building and pav- Street excavation permits 24-28, 24-29 ing 27-37 Swimming pool permits 25-3 Refuse container areas 27-41 Utilities Scope; applicability 27-34 Use of rights-of-way for utilities; written Weeds and brush 14-79 et seq. permit.......................... 28-2, 28-3 See: WEEDS AND BRUSH Zoning ordinance, conflict with........... 27-39 LOCAL BUSINESS TAX Regulations enumerated 17-16 et seq. LIBRARY See: BUSINESS REGULATIONS Damaging property unlawful 16-1 Department of library LOGO Librarian 2-93 Village logo............................. 1-10 Library board LOTS Appointment 16-17 Subdivision design standards............ 36-18 Compensation, service without 16-20 Zoning regulations 45-1 et seq. Composition 16-17 See: ZONING (Appendix C) Established 16-16 Meetings 16-23 LOUDSPEAKERS Organization 16-21 Noise control policy re loudspeakers and Powers and duties 16-22 devices for advertising 19-105 Qualifications 16-19 Removal from office 16-24 M Term of office 16-17 Vacancies 16-18 MANAGER. See: VILLAGE MANAGER LICENSES AND PERMITS MANGROVE STANDS Alarm permit 19-208 et seq. Flood damage prevention provisions...... 12.5-45 See: ALARMS Boat launching area permits 5-34 MAPS. See: SURVEYS, MAPS AND PLATS Boats, docks and waterways MARINE SANCTUARIES Limitation on anchoring and mooring in Designated 5-101 prohibited area; mooring permit required 5-18 MAY, SHALL Bulkhead lines; filling permit............ 7-16 et seq. Definitions and rules of construction 1-2 See: BULKHEAD LINES MAYOR Bulkheads and seawalls 5-72 Civil disorders and disturbances Code enforcement board, applicability re.. 2-173 Mayor designated local authority for pres- Community development department ervation of public peace 8-21 Permits and inspections 2-112(1) Village council; presiding officer at meet- Driveways. See herein: Sidewalk and Drive- ings 2-18 way Permits Emergency medical services 11.5-21 MEASURES. See: WEIGHTS AND MEA- Flood damage prevention development per- SURES mit 12.5-22 Garage, related sales 17-62 MEDICAL SERVICES Home occupations. See also that subject Emergency medical services 11.5-21 et seq. Generally 17-16 et seq. See: EMERGENCIES Business tax receipt for home occupa- tions 17-3(c) et seq. MEETINGS. See: ASSEMBLIES Noise control; special permits excepted 19-119 MISSILES, STONES, ETC. Park and recreation facilities; meeting and Throwing missiles 19-83 gathering permits 20-31 et seq. See: PARKS, PLAYGROUNDS AND MONTH RECREATION Definitions and rules of construction 1-2 Supp. No. 33 2946 CODE INDEX Section Section MONUMENTS NOISE (Cont'd.) Subdivisions, required improvements re 36-27 Enforcement Authority 19-116 MOTOR VEHICLES AND TRAFFIC Procedure Ambulances 17-50, 17-51 All other noises.................... 19-117(b) Businesses located outside village limits; Motor vehicle noise enforcement, op- marking of commercial vehicles 17-34.13 erating 19-117(a) Combat Auto Theft (CAT) 18-19 Engine exhaust......................... 19-108 Fire division, provisions re cars and desig- Exem tions 19-120 p nated emergency vehicles........... 12-31 et seq. Fixed mechanical equipment 19-112 See: FIRE PREVENTION AND PRO- Horns and signal devices 19-103 TECTION Loading, unloading and unpacking 19-110 Hitchhiking prohibited 19-6 Loudspeakers and devices for advertising. 19-105 Junked vehicles Measurement procedure 19-113 Abandoned, inoperative andjunkedprop- Musical instruments 19-104 erty 14-37 et seq. Noise control measurement standards other See: GARBAGE AND TRASH than motor vehicle noise standards.. 19-118 Local business tax; marking of commercial Noise control olic 19-100 p y vehicles 17-33.1 periods of observation................... 19-114 Motorized scooters 18-20 Radios................................. 19-104 Noise control policy, provisions re 19-103 et seq. Special permits excepted 19-119 See: NOISE Unnecessary, excessive or offensive noise Park regulations re traffic 20-5 Unlawful to make 19-101 Parking. See herein: Stopping, Standing Vehicle defect or condition of load 19-109 and Parking Voluntary compliance 19-115 Public safety department Police division, provisions re traffic 2-76(b)(5) NUDITY Stopping, standing and parking Topless costumes prohibited 19-64 Parking restricted 18-34 Recreational, boating and camping equip- NUISANCES went, andpersonal recreational use Abandoned, inoperative and junked prop- trailers;parking onresidential prop- erty 14-37 et seq. erty restricted 18-35 See: GARBAGE AND TRASH Signs, parking in violation of.......... 18-36 Animals creating nuisances 4-12 Vehicle, trailer or boat parking prohib- False alarms ited upon paved or unpaved area of Excessive false alarms declared public the road right-of-way of specific nuisance 19-212 roadways 18-34.1 Rabid animals declared nuisance......... 4-42 Violations; fines Weeds and brush 14-79 et seq. Handicap spaces 18-37 See: WEEDS AND BRUSH Non-handicap spaces 18-38 NUMBER Vehicular operation Definitions and rules of construction 1-2 Speed limits Generally 18-16 Weight limitations on certain roads.... 18-18 0 MUSICAL INSTRUMENTS OATH, AFFIRMATION, SWEAR OR SWORN Noise control 19-104 Administrative code, provisions re oaths of office 2-41 Definitions and rules of construction 1-2 N Election inspectors and clerk; oath re- NOISE quired 10-59 Animal noises 19-107 General employees retirement board; oaths Buildings, premises or property of office 2-154 Noise from 19-102 Reserve police force; oath required 23-47 Code enforcement board, applicability re.. 2-173 OBSCENITY. See: INDECENCY AND OB- Conduct, noisy and boisterous 19-106 SCENITY Construction activity, permissible time for 19-111 Defmitions 19-99 OBSTRUCTIONS Electronic audio equipment 19-104 Passageways,obstructing................ 19-47 Supp. No. 33 2947 NORTH PALM BEACH CODE Section Section OFFENSES PARKING (Cont'd.) Defmitions 19-1 Landscaping, provisions re off-street park- Enumerated 19-3 et seq. ing................................ 27-38, 27-59 See also specific offenses as indexed et seq. State misdemeanors adopted 19-2 See: LANDSCAPING Parks; designated parking areas 20-5(6) OFFICERS AND EMPLOYEES Stopping, standing and parking.......... 18-34 et seq. Administrative code 2-39 et seq. See: MOTOR VEHICLES AND TRAF- See: ADMINISTRATIVE CODE FIC Defmitions and rules of construction 1-2 Zoning, provisions re off-street parking... 45-27 et seq. Elections. See also that subject See: ZONING (Appendix C) Generally 10-1 et seq. Inspectors and clerk 10-58 et seq. PARKS, PLAYGROUNDS AND RECREATION Finance director 2-59 Alcoholic beverages Impersonating village official 19-8 Consumption on playgrounds and public Librarian 2-93 parks........................... 3-3 Mayor 2-18, 8-16 Bicycles Operation m safe manner, etc.......... 20-6(2) Pensions and retirement. See also that subject Operation prohibited in certain areas 20-6(1) Length of service award plan for volun- Boat launching areas Vehicle/trailer parking in designated ar- teer firefighters 2-170 et seq. eas 5-35 Pension and certain other benefits for B~~ s or structure, erectin 20-3 fire and police employees 2-159 et seq. g g Pension and certain other benefits for Department of recreation Director's duties general employees 2-146 et seq. Conduct community activity 2-110(2) Social security 2-136 et seq. Supervise recreation areas.......... 2-110(1) Public safety director 2-75 Ejectment of violators................... 20-8 Public works director 2-84 Enforcement of provisions, responsibility . 20-7 Recreation director 2-110 Hours regulated 20-1 Social security 2-136 et seq. Meetings and gatherings See: SOCIAL SECURITY Liabilit for loss or in'ur 20-23 Village clerk and deputy village clerk..... 2-67 et seq. y ~ y Permit See: DOCUMENTS AND PUBLIC Appeal from refusal to issue 20-35 RECORDS Application 20-33 Village manager 2-115 et seq. Form 20-32 See: VILLAGE MANAGER Issuance standards 20-34 OFFICIAL TIME Required 20-31 Defmitions and rules of construction 1-2 Revocation 20-36 Rules and regulations, permittee bound OPEN SPACES. See: YARDS AND OPEN by 20-22 SPACES Property used to violate provisions, confis- cation of 20-9 OR, AND Recreation advisory board Defmitions and rules of construction 1-2 Created 20-61 Duties 20-66 ORDINANCES. See: CODE OF ORDI- Meetin s 20-65 g NANCES Officers' quorum, compensation........ 20-64 Removal 20-63 OWNER Terms 20-62(b) Defmitions and rules of construction 1-2 Vacancies 20-62(c) Restrooms, failure to cooperate in keeping P neat or sanitary 20-2 Traffic PALM BEACH COUNTY. See: COUNTY Enforcement of traffic regulations 20-5(2) Operation confined to roads 20-5(5) PARKING Parking areas designated 20-5(6) Boat launching area Signs 20-5(3) Vehicle/trailer parking in designated ar- Speed of vehicles 20-5(4) eas 5-35 State motor vehicle laws.............. 20-5(1) Supp. No. 33 2948 CODE INDEX Section Section PARKS, PLAYGROUNDSAND RECREATION PENSIONS AND RETIREMENT (Confd.) (Confd.) False, misleading statements made to Trees obtain retirement benefits prohib- Climbing trees, etc 20-4 ited 2-169(f) Use by public only 20-1 Incompetents 2-169(d) Insurers, tax on 2-167 PENALTIES. See: FINES, FORFEITURES Membership AND OTHER PENALTIES Application for membership 2-160(b) PENSIONS AND RETIREMENT Buy-back of previous service........ 2-160(d) ICMA defined contribution pension plan Changes in designation of beneficiary 2-160(c) Administrative services agreement and Conditions of eligibility 2-160(a) ado tion a reements 2-170.14 Nonassignability 2-169(b) P g Creation 2-170.12 Number and gender.................. 2-169(e) Effective date 2-170.15 Optional forms of benefits............. 2-162 Vesting period 2-170.13 Pension validity...................... 2-169(c) Length of service award plan for volunteer Prior service 2-165 firefighters Repeal or termination of plan 2-168 Benefit formula 2-170.6 Tax on insurers 2-167 Contact person 2-170.10 Pension and certain other benefits for gen- Effective date 2-170.3 eral employees Eligibility 2-170.4 Bargaining unit employees 2-156(e) Entitlement age 2-170.5 Benefit amounts and eligibility Plan, name of 2-170.2 Direct transfers of eligible rollover Point system 2-170.11 distribution 2-157 Preretirement death benefit........... 2-170.7 Early retirement 2-148(d) Purpose 2-170 Late retirement.................... 2-148(c) Sponsor, name of 2-170.1 Preretirement death 2-148(e) Refund of contribution 2-148( Trustee and contact person............ 2-170.10 g Vesting provisions, schedule of 2-170.8 Retirement benefit 2-148(b) Village contributions 2-170.9 Retirement date 2-148(a) Pension and certain other benefits for fire Termination of employment......... 2-148(f) and police employees Benefit plan no. 2, optional (cost of liv- Benefit amounts ing adjustment) 2-158.1 Cost of living 2-161(g) Benefit plan, optional Disability retirement 2-161(e) Applicability to employees 2-158(a) Early retirement 2-161(b) Member contributions Formula 2-161(c) Amount......................... 2-158(d)(1) uration 2-158 2 Limitation on 2-161(h) Normal retirement benefit.......... 2-161(a) Interest 2-158(d)(3) Preretirement death 2-161(d) Retirement benefit................. 2-158(c) Termination benefits and vesting.... 2-161(f) Retirement date 2-158(b) Board of trustees Defmitions 2-146 Bring and defend lawsuits Discharged members 2-156(a) Powers 2-164(e) Incompetents 2-156(d) Composition 2-164(a) Membership Forfeiture of membership on board Application for membership 2-147(b) for absenteeism 2-164(b) Change in designation of beneficiary 2-147(c) Meetings 2-164(d) Conditions of eligibility............. 2-147(a) Power and authority 2-166 Nonassignability 2-156(b) Reports and records 2-164(c) Normal and optional forms of benefits . 2-149 Contributions Pension validity 2-156(c) Employer 2-163(c) Repeal or termination of system 2-155 Forfeitures 2-163(d) Retirement board Member 2-163(a) Additional rules and regulations au- State 2-163(b) thorized...................... 2-152 Definitions 2-159 Established........................ 2-151 Direct transfers of eligible rollover dis- Investing funds; custodian of securi- tribution 2-170 ties.......................... 2-153 Discharged members 2-169(a) Oaths of office; meetings; quorum 2-154 Supp. No. 33 2949 NORTH PALM BEACH CODE Section Section PENSIONS AND RETIREMENT (Confd.) PLANNING AND DEVELOPMENT (Confd.) Social security 2-136 et seq. Generally 21-46(a) See: SOCIAL SECURITY Proportionate fair-share program Volunteer firefighters, length of service Applicability 21-48(b) award plan for. See herein: Length of Application process 21-48(e) Service Award Plan for Volunteer Appropriation of fair-share revenues 21-48(i) Firefighters Determining proportionate fair-share obligation 21-48(f) PERMITS. See: LICENSES AND PERMITS General requirements 21-48(c) PERSON Impact fee credit for proportionate Definitions and rules of construction 1-2 fair-share mitigation 21-48(g) Intergovernmental coordination..... 21-48(d) PIERS Proportionate fair-share agreements 21-48(h) Docks and piers, construction require- Pu ose and intent 21-48 a rp ( ) ments re 5-81 et seq. Regulatory program See: BOATS, DOCKS AND WATER- Exemptions 21-47(b) WAYS Generally 21-47(a) PLANNING AND DEVELOPMENT Public facility adequacy, review to de- Appearance plan (Appendix A). See that termine 21-47(c) subject Short title 21-41 Archaeological site protection regulations. 21-101 et seq. Filing fees and costs for voluntary annex- See: ARCHAEOLOGICAL SITE PRO- ation of land TECTION Enactment and authority 21-2(a) Board of adjustment Fees: application 21-2(c) Jurisdiction 21-2(b) Composition; conduct generally . • Planning commission, advice of........ 21-2(d) Administrative orders, review of 21-21(d) Created 21-21(a) Stormwater management................ 21-61 et seq. Decision of administrative official, ap- See: STORMWATER MANAGEMENT Subdivision regulations 36-1 et seq. peals to board from 21-21(e) See: SUBDIVISIONS (Appendix B) Hearing of appeals 21-21(g) Judicial review of decisions of board. 21-21(h) Zoning regulations 45-1 et seq. See: ZONING (Appendix C) Membership; terms; alternate; com- pensation 21-21(b) PLANNING COMMISSION Powers and duties 21-21(c) Composition; conduct generally Stay of work and proceedings on ap- Created 21-11(a) peal 21-21(f) Meetings 21-11(c) Community development department Membershi 21-ll b •p ( ) Planning division 2-112(3) Powers and duties.................... 21-11(d) Comprehensive plan Zoning ordinances, changes to 21-12 Adoption 21-01 Filing fees and costs for changes PLATS. See: SURVEYS, MAPS AND PLATS Enactment and authority........... 21-1(a) pLAYGROUNDS. See: PARKS, PLAY- Fee; application 21-1(c) GROUNDS AND RECREATION Jurisdiction 21-1(b) Planning commission, advise of 21-1(d) POLICE Concurrency management Court cost Adequate public facilities available to Assessment of additional court costs for service development 21-45 criminal justice education expendi- Application 21-42 tures........................... 1-9 Definitions 21-44 Department of public safety, provisions re Intent and purpose police division 2-76(b) Comprehensive plan, implementa- See: PUBLIC SAFETY DEPARTMENT tion of 21-43(a) Elections; policemen to be present at poll- Management/monitoring and regula- ing place 10-77 tory program, establishment of 21-43(b) Fire division, provisions re police assis- Minimum requirements 21-43(c) tance 12-43 Management and monitoring program Impersonating police officer 19-8 Amendments to CIE and annual bud- Pension and certain other benefits for fire get, recommendations on 21-46(c) and police employees 2-159 et seq. Annual public facilities update report 21-46(b) See: PENSIONS AND RETIREMENT Supp. No. 33 2950 CODE INDEX Section Section POLICE (Confd.) PUBLIC SAFETY DEPARTMENT (Confd.) Reserve force Divisions Application for membership 23-43 Fire Compensation 23-50 Fire fighting....................... 2-76(c)(3) Created; purpose 23-42 Fire prevention.................... 2-76(c)(4) Director of public safety, appointment to Maintain equipment 2-76(c)(2) serve by 23-45 Report losses 2-76(c)(1) Oath required 23-47 Generally............................ 2-76(a) Powers and duties 23-48 Police Reserve list to be maintained 23-44 Crime prevention 2-76(b)(3), (4) Resignation 23-46 Investigation 2-76(b)(3) Uniforms and insignia 23-49 Patrol............................. 2-76(b)(2) Radio 2-76(b)(6) POLLUTION Records 2-76(b)(1) Smoke, dust, odors, liquids, etc........... 19-9 Traffic 2-76(b)(5) Stormwatermanagementprovisions repol- Emergency medical services 11.5-21 et seq. lutant loads 21-67 See: EMERGENCIES Waterways, pollution of 5-13 Wellfield protection PUBLIC WORKS DEPARTMENT Regulation of business activities with Director's duties 2-84 potential to contaminate land and Divisions water resources 19-221 Division of facility and fleet mainte- nance 2-85(1) PRECEDING, FOLLOWING Refuse disposal 2-85(2) Defmitions and rules of construction 1-2 Street maintenance 2-85(3) PROFANITY Vulgar language prohibited in public places 19-65 R PROPERTY RABIES CONTROL Abandoned, inoperative and junked prop- Provisions enumerated 4-42 et seq. erty 14-37 et seq. See: ANIMALS AND FOWL See: GARBAGE AND TRASH Appearance plan (Appendix A). See that RADIOS subject Noise control 19-104 Boats, docks and waterways; unlawfully Police division, provisions re radio mamte- anchored or moored vessels nance 2-76(b)(6) Unclaimed vessel to be sold; certiflca- REASONABLE TIME tion of sale 5-22 Definitions and rules of construction 1-2 Defmitions and rules of construction 1-2 Dogs on property of others 4-28(b) RECORDS. See: DOCUMENTS AND PUB- Insurance excise taxes; property insurance LIC RECORDS premiums 26-17 Noise from ro ert 19-102 RECREATION. See: PARK, PLAYGROUNDS p p y""""""""""' AND RECREATION Subdivision regulations 36-1 et seq. See: SUBDIVISIONS (Appendix B) REFUSE. See: GARBAGE AND TRASH Weeds and brush 14-79 et seq. See: WEEDS AND BRUSH RESTROOMS Parks and recreation facilities; failure to PUBLIC PLACES. See: STREETS, SIDE- cooperate in keeping restrooms neat WALKS AND PUBLIC PLACES or sanitary 20-2 PUBLIC RECORDS. See: DOCUMENTS AND RETIREMENT. See: PENSIONS AND RE- PUBLIC RECORDS TIREMENT PUBLIC SAFETY DEPARTMENT Boats, docks and waterways; unlawfully S anchored or moored vessels SAND DUNES Department of public safety to impound 5-19 Flood damage prevention provisions...... 12.5-45 Director's duties Designate instructor 2-75(2) SANITATION. See: HEALTH AND SANITA- Make assignments 2-75(1) TION Supp. No. 33 2951 NORTH PALM BEACH CODE Section Section SCHOOLS SOCIAL SECURITY (Cont'd.) Coin-operated amusements; proximity to Withholding and reporting agent......... 2-142 schools restricted 19-4 Withholding from wages................. 2-139 SEAWALLS SPITTING Bulkheads and seawalls, construction re- Spitting in public places prohibited....... 19-5 quirements re 5-69 et seq. See: BOATS, DOCKS AND WATER- STATE WAYS Definitions and rules of construction 1-2 SEXUAL OFFENDERS AND SEXUAL PRED- STENCH BOMBS ATORS Excepted uses 19-82(c) Sexual offender and sexual predator resi- Possession prohibited 19-82(b) dente prohibition 19-31 Throwing or depositing.................. 19-82(a) SEXUALLY-ORIENTED ENTERTAINMENT STORMWATER MANAGEMENT Adult entertainment establishments Adoption 21-61 Zoning regulations re. See: ZONING (Ap- Applicability 21-61 pendix C) Design 21-61 Finished floor of structures, level of 21-63 SHALL, MAY Ob'ectives of s stem desi 21-68 Defmitions and rules of construction 1-2 ~ y ~ Open channels and outfall ditches........ 21-66 SHRUBBERY. See: TREES AND SHRUB- Post development runoff rates, volumes BERY and pollutant loads 21-67 Storm drainage facilities generally 21-64 SIDEWALKS. See: STREETS, SIDEWALKS Stormwater retention systems 21-69 AND PUBLIC PLACES Streets SIGNAL DEVICES Minimum street grades 21-62 Noise control 19-103 Roadside swales...................... 21-65 Subdivisions, required improvements re 36-31 SIGNATURE, SUBSCRIPTION Water quality 21-70 Defmitions and rules of construction 1-2 Zoning; surface water management SIGNS AND BILLBOARDS C-3 Regional Business District 45-34.1(8) Code enforcement board, applicability re.. 2-173 STREETS, SIDEWALKS AND PUBLIC Country club; provisions re signs......... 9-2 PLACES Outdoor displays. See herein: Signs and Code enforcement board, applicability re.. 2-173 Outdoor Displays Definitions and rules of construction 1-2 Parking in violation of signs 18-36 Dogs on streets and sidewalks 4-28(a) Parks, regulations re traffic signs 20-5(3) Excavations Signs and outdoor displays Definition 24-16 Construction standards 6-117 Equipment to be guarded 24-18 Design standards 6-117 Liability of village 24-20 Exempt signs 6-112 permits Location standards 6-117 Measurement determinations 6-116 Fees 24-29 Permitted permanent accessory signs 6-115 Required 24-28 Permitted temporary signs 6-114 Protective measures 24-19 Prohibited signs 6-113 Refilling, tamping by excavator........ 24-17 Provisions enerall 6-111 Resurfacing by village 24-17 g y ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Handbills; distribution restricted......... 19-7 Purpose and scope of regulations 6-110 Severabilit 6-118 Hitchhiking prohibited 19-6 y Landsca in 27-31 et se Zoning P g q. C-3 Regional Business District 45-34.1(7) See: LANDSCAPING Missiles, throwing 19-83 SOCIAL SECURITY Motor vehicles and traffic 18-16 et seq. Agreement authorized 2-138 See: MOTOR VEHICLES AND TRAF- Appropriations by village 2-140 FIC Declaration of policy 2-136 Obstructing passageway................. 19-47 Exclusions from coverage 2-137 Profanity; vulgar language prohibited 19-65 Records and reports 2-141 Public works department Social securit act ado ted 2-143 Streets maintenance division.......... 2-85(3) Y P Supp. No. 33 2952 CODE INDEX Section Section STREETS, SIDEWALKS AND PUBLIC SUBDIVISIONS (Appendix B) (Confd.) PLACES (Cont'd.) Drainage 36-22(b) Sidewalks and driveways Utilities 36-22(a) Dangerous or abandoned driveways.... 24-46 Lots and blocks Performance of work by village upon Access 36-18(3) failure of compliance 24-47 Block lengths...................... 36-18(6) Permits Double frontage lots 36-18(5) Driveway construction Lot lines 36-18(4) Application; information required. 24-58 Lot size 36-18(1) Prohibited in certain instances 24-57 Residence lots, minimum 36-18(2) Required 24-56 Public sites and open spaces 36-23 Separate permits required for drive- Rights-of-way. See within this subhead- ways and sidewalk construction 24-55 ing: Easements and Rights-Of-Way Sidewalks Sidewalks 36-21 Constructed required in certain cases 24-41 Soil and flood hazards, consideration of 36-17(2) Exceptions to requirements 24-42 Streets Specifications Adjoining property, street access to.. 36-19(7) Driveways 24-43(c) Arterial streets, subdivisions on..... 36-19(2) Generally 24-43(a) Culs-de-sac........................ 36-19(6) Sidewalks 24-43(b) Half streets 36-19(8) Village engineer, driveways to be con- Intersection design 36-19(4) strutted under supervision of..... 24-44 Minimum street design specifications 36-19(5) Smoke, dust, odors, liquids, etc........... 19-9 Minor streets 36-19(1) Spitting in public places prohibited....... 19-5 Railroads or limited access highway, Stormwater management, applicable pro- subdivisions on 36-19(3) visions re 21-62, 21-65 Street names...................... 36-19(9) Subdivision regulations 36-1 et seq. Subdivision entrances 36-25 See: SUBDIVISIONS (Appendix B) Water bodies, access to 36-24 Swale areas, sodding required in certain Enactment and authority 36-2 instances 24-3 Enforcement provisions Trees in Swale areas 27-16 et seq. Appeals.............................. 36-35 See: TREES AND SHRUBBERY Erection of buildings and issuance of Utilities permits 36-38 Public utilities, cost of changing or re- General enforcement regulations 36-36 moval of 24-4 Land clearing, vegetation and wildlife Use of rights-of-way for utilities 28-1 et seq. protection and preservation See: UTILITIES Application procedure for vegetation removal unrelated to building SUBDIVISIONS (Generally) permit applications 36-38.1(3) Appearance plan (Appendix A). See that Exceptions 36-38.1(5) subject Fees 36-38.1(6) Code enforcement board, applicability re.. 2-173 Generall . . y 36-38.1(1) Flood damage prevention provisions 12.5-41(4) Vegetation protection during construc- Zoning regulations 45-1 et seq. 36-38.1(4) tion............ See: ZONING (Appendix C) Vegetation removal permit, applica- SUBDIVISIONS (Appendix B) tion procedure 36-38.1(2) (Note Section contained herein refer to Required improvements 36-37 sections found within Appendix B) Vegetation. See within this subheading: Amendments Land Clearing, Vegetation and Public hearing required 36-39.1 Wildlife Protection and Preserva- Defmitions tion General terms 36-5 Wildlife protection and preservation. See Specific terms 36-6 within this subheading: Land Clear- Design standards ing, Vegetation and Wildlife Protec- Alleys 36-20 tion and Preservation Blocks. See within this subheading: Lots Jurisdiction 26-3 and Blocks Legal status Comprehensive plan, conformity with.. 36-17(1) Conflicting regulations 36-41 Easements and rights-of-way Effective date 36-42 Access waterways 36-22(c) Saving clause........................ 36-40 Supp. No. 33 2953 NORTH PALM BEACH CODE Section Section SUBDIVISIONS (Appendix B) (Confd.) SUBDIVISIONS (Appendix B) (Confd.) Plats, platting Water and sewer systems........... 36-32(c) Procedures for subdivision plat approval. Water supply 36-32(b) See herein that subject Wells Procedures for subdivision plat approval Individual wells prohibited in cer- Construction plan specifications 36-13 tain areas of village 36-32(f) Construction plans procedure Short title 36-1 Preparation of construction plans 36-12(1) SUITS AND OTHER PROCEEDINGS Submission and review of construc- tion plans Code enforcement board 36-12(2) Surety device, posting of 36-12(3) Limitations on actions for money judg- Final plat procedure ments 2-182 Application for fmal plat approval... 36-14(2) SURVEYS, MAPS AND PLATS Generally 36-14(1) Official zonm ma 45-17 g p Planning commission action 36-14(4) Subdivision regulations 36-7 et seq. Planning commission review........ 36-14(3) See: SUBDIVISIONS (Appendix B) Recording of fmal plat 36-14(6) Village council action 36-14(5) SWALE AREAS Final plat specifications 36-15 Sodding required in certain instances 24-3 General prerequisites to 36-7 Trees in Swale areas 27-16 et seq. Pre-application conference 36-9 See: TREES AND SHRUBBERY Preliminary plat procedure Application for preliminary plat ap- SWEAR OR SWORN. See: OATH, AFFIRMA- proval 36-10(1) TION, SWEAR OR SWORN Developments of regional impact.... 36-10(2) SWIMMING Effect of approval 36-10(9) Bathing regulations; diseased persons pro- Failure of planning commission to hibited from bathing in public pool, take action 36-10(8) etc. 19-3 Fees 36-10(3) Restricted waters, swimming in.......... 5-3 Notification of action 36-10(7) Planning commission action 36-10(6) SWIMMING POOLS Planning commission review........ 36-10(5) Barrier/fencing requirements 25-5 Review comments 36-10(4) Code enforcement board, applicability re.. 2-173 Preliminary plat specifications 36-11 Construction 25-4 Qualification of person making survey . 36-8 Country club premises regulations 9-1 Reversion of subdivided land to acreage 36-16 Definitions 25-1 Purpose and intent 36-4 Elevation............................... 25-6 Required improvements Final approval 25-7 Bikeways 36-29.1 Grade.................................. 15-11 Bridges 36-30 Permits................................ 25-3 General requirements 36-26 Setbacks 25-2 Monuments Permanent control points........... 36-27(b) SWITCHBLADE KNIVES Permanent reference monuments 36-27(a) Sale prohibited 19-185(a) Planned unit development alternatives. 36-34 Screening walls and landscaping 36-33 T Sidewalks 36-29 Storm water management 36-31 TAXATION Streets Insurance excise taxes 26-16, 26-17 Arterial and collector streets........ 36-28(a) Local business tax 17-16 et seq. Curb and gutter 36-28(c) See: BUSINESS REGULATIONS Marginal access streets 36-28(b) Pension and certain other benefits for fire Pavement base 36-28(f) and police employees Subgrade 36-28(e) Tax on insurers 2-167 Swales 36-28(d) Telecommunications service tax Wearing surface 36-28(g) Collection............................ 26-52 Utilities Compensation 26-54 Sanitary sewer 36-32(a) Exemptions.......................... 26-53 Septic tanks 36-32(e) Levy 26-51 Underground utilities 36-32(d) Rate................................. 26-51 Supp. No. 33 2954 CODE INDEX Section Section TAXATION (Confd.) Utility tax 26-29 et seq. See: UTILITY TAX TELECOMMUNICATIONS Compliance with other laws; police power. 29-10 Construction bond 29-13 Defmitions 29-3 Enforcement remedies 29-15 Fees and payments 29-5 Force majeure 29-16 Insurance; surety; indemnification 29-12 Intent and purpose 29-2 Registration 29-4 Involuntary termination 29-9 Reports and records 29-6 Rights-of-way, use 29-8 Security fund 29-14 Service tax, generally 26-51 et seq. See: TAXATION Title 29-1 Transfer of control; sale or assignment 29-11 Underground installation; relocation 29-7 Supp. No. 33 2954.1 CODE INDEX Section Section ZONING (Appendix C) ZONING (Appendix C) (Confd.) (Note Section references herein are exclu- Site area 45-32(C) sive to Appendix C) Yards and open spaces 45-32(D) Adult entertainment establishments C-3 Regional Business District Administrative requirements; supple- Height 45-34.1(5) mental Landscaping 45-34.1(4) Plan review 45-20(8)(b) Location of business for retail sales of Rules of construction 45-20(8)(a) alcoholic beverages 45-34.1(9) Definitions 45-20(3) Lot coverage; maximum............... 45-34.1(6) Disclosure of names aliases and dates of Off-street loading and internal circula- birth of employees 45-20(10) tion 45-34.1(3) Display or exposure of specified anatom- Off-street parking 45-34.1(2) ical area 45-20(9) Permitted uses....................... 45-34.1(1) Enforcement 45-20(11) Setbacks............................. 45-34.1(5) Findings of fact 45-20(2) Signs 45-34.1(7) Legislative intent 45-20(1) Special C-3 Planned Unit Development Measurement of distance 45-20(5) (PUD) provisions 45-34.1(10) Nonconforming uses 45-20(7) Surface water management........... 45-34.1(8) Prohibited locations 45-20(4) C-A Commercial District Variance, none 45-20(6) Architecture 45-31(J) Alcoholic beverages. See also that subject Conditions for permitted uses 45-31(C) Location of business for retail sales of Floor area 45-31(I) alcoholic beverages 45-20(2), 45- General description................... 45-31(A) 36.N Height 45-31(D) C-3 Regional Business District...... 45-34.1(9) Off-street parking and loading 45-31(G) Amendments Off-street parking lot layout, construc- Changes and amendments 45-5 tion and maintenance............ 45-31(H) Fees; waiting periods Permitted uses 45-31(B) Application for variances 45-50 Yards and open spaces 45-31(F) Applications for rezoning, etc........ 45-49 CB Commercial District Antenna and antenna towers............ 45-21 Architecture 45-31.1(J) Architecture Conditions for permitted uses 45-31.1(C) C-A Commercial District 45-31(J) Floor area 45-31.1(I) CB Commercial District 45-31.1(J) General description................... 45-31.1(A) Automotive service stations Height 45-31.1(D) Emergency generators required for 45-23 Off-street parking and loading 45-31.1(G) Buildings Off-street parking lot layout, construc- C-1 Neighborhood Commercial District. 45-33(C) tion and maintenance............ 45-31.1(H) District regulations, buildings and uses Permitted uses 45-31.1(B) to conform to 45-19 Site area............................. 45-31.1(E) Floor area regulations. See herein: Floor Yards and open spaces 45-31.1(F) Area CC Transitional Commercial District Height regulations. See herein: Height Building height regulations 45-32.1(D) Nonconforming uses of land and strut- Building site area regulations 45-32.1(E) tures. See herein that subject Conditions for permitted uses 45-32.1(C) Site area regulations. See herein: Site General description 45-32.1(A) Area Off-street parking layout 45-32.1(H) C-1 Neighborhood Commercial District Off-street parking regulations 45-32.1(G) Building and floor area regulations 45-33(C) Uses permitted 45-32.1(B) Floor area 45-33(F) Yards................................ 45-32.1(F) Heights 45-33(B) Changes and amendments............... 45-5 Off-street parking 45-33(E) Commercial District Permitted uses 45-33(A) Development standards............... 45-34(B) Conditions for permitted uses....... 45-33(G) Use and operating restrictions......... 45-34(C) Yard space regulations 45-33(D) Uses permitted....................... 45-34(A) C-lA Limited Commercial District Conflict of provisions 45-4 Conditions for permitted uses 45-32(G) C-OS Conservation and Open Space Dis- Floor area 45-32(F) trict Height 45-32(B) Coastal zone protection 45-35.2(C) Permitted uses 45-32(A) Intent 45-35.2(A) Supp. No. 33 2965 NORTH PALM BEACH CODE Section Section ZONING (Appendix C) (Confd.) ZONING (Appendix C) (Confd.) Permitted uses 45-35.2(B) Structures and premises in combina- Defmitions 45-2 tion, nonconforming uses of 45-65 Adult entertainment establishments 45-20(3) Structures, nonconforming 45-64 Rules of construction 45-20(8)(a) Temporary uses 45-67 Historic site overlay district........... 45-37(b) Architectural elements Districts Architectural elements 5-5 Division of village into districts........ 45-16 Building color and finish 5-4 Enumerated 45-16 Building facade/elevation........... 5-3 See also specific districts as indexed Defmitions 5-8 General rovisions 45-36 Design treatments 5-2 p Emergency generators required for auto- General provisions 5-1 motive service stations 45-23 Preferred roof materials/styles 5-7 Floor area Window/door treatments 5-6 C-1 Neighborhood Commercial District. 45-33(C), (F) Consistency with comprehensive land C-lA Limited Commercial District 45-32(F) use plan Art. 2 C-A Commercial District 45-31(I) Established Art. 1 45-31.1(I) General provisions CB Commercial District........... A licabilit PP Y 3-1 R-2 Multiple-Family Dwelling District . 45-28(E) Procedure and regulations.......... 3-2 R-3 Apartment Dwelling District 45-30(F) Landscape elements Height Administration 6-2 C-1 Neighborhood Commercial District. 45-33(B) Foundation landscaping and plant- C-lA Limited Commercial District 45-32(B) ings 6-12 C-3 Regional Business District 45-34.1(5) Intent 6-1 C-A Commercial District 45-31(D) Irrigation 6-14 CB Commercial District 45-31.1(D) Landscape requirements for off-street CC Transitional Commercial District 45-32.1(D) arkin areas 6-10 P g R-1 Single-Family Dwelling Districts 45-27(B) Mamtenance 6-13 R-2 Multiple-Family Dwelling District . 45-28(B) Minimum landscape buffer and plant- R-3 Apartment Dwelling District 45-30(B) in re uirements 6-11 g q Historic site overlay district Minimum landscape requirements 6-8 Definitions 45-37(b) Miscellaneous landscape elements... 6-9 Local register of historic sites New construction and substantial re- creation of 45-37(C) vision........................ 6-5 Initiation of placement on 45-37(D) Nonconforming landscape areas..... 6-3 Placement on 45-37(E) Preferred landscape palette......... 6-7 Certificate of appropriateness....... 45-37(H) Prohibited and standard invasive Criteria for listing on 45-37(F) plants........................ 6-6 Effect of listing on 45-37(G) Pruning........................... 6-15 Purpose 45-37(a) Tree and plant installation 6-4 Interpretation of provisions 45-3 Signage and outdoor displays Landscaping Accessory signs 7-5 C-3 Regional Business District 45-34.1(4) Appearance 7-2 Loading, off-street. See herein: Off-Street Business signs 7-6 Loading and Internal Circulation Defmitions 7-11 Lots Design, construction, and location C-3 Regional Business District 45-34.1(6) standards 7-9 CB Commercial District 45-31.1(H) Exempt signs...................... 7-3 Nonconforming lots of record 45-62 Exterior architectural lighting 7-10 Map General provisions 7-1 Official zoning map. See herein that Measurement determinations 7-8 subject Street numbers 7-7 Nonconforming uses of land and structures Temporary signs 7-4 Adult entertainment establishments 45-20(7) Site plan elements Art. 8 Extension and enlargement 45-61 Building orientation and placement . 8-2 Intent 45-60 General design 8-1 Land, nonconforming uses of 45-63 Off-street parking areas 8-3 Lots of record, nonconforming 45-62 Pedestrian amenities 8-4 Repairs and maintenance 45-66 Site and street furniture 8-5 Supp. No. 33 2966 CODE INDEX Section Section ZONING (Appendix C) (Confd.) ZONING (Appendix C) (Confd.) Zoning regulations Village council Development review regulations 4-1 Action of 45-35.1(V) Land use chart 4-2 Effect of approval of................ 45-35.1(VI) Use definitions and supplemental reg- Public district ulations 4-3 Restricted uses....................... 45-35 Northlake Boulevard overlay zoning dis- R-1 Single-Family Dwelling District trict (NBOZ) 45-35.3 Annexed land in...................... 45-20 Oceanfrontland Height 45-27(B) Ocean setback 45-22 Off-street parking.................... 45-27(E) Permitted uses 45-27(A) Official zoning map Adopted by reference 45-17(1) Site area............................. 45-27(C) Boundary conflict interpretations 45-18 Yards and open spaces 45-27(D) Buildings and uses to conform to district R-2 Multiple-Family Dwelling District re lations 45-19 Community residential home regula- gu tions 45-28(G) Changes 45-17(3) Floor area 45-28(E) Damaged, destroyed, etc 45-17(5) Height 45-28(B) Identification 45-17(2) Location; final authorit 45-17(4) Off-street parking 45-28(F) y Off-street loading and internal circulation Permitted uses 45-28(A) Site area 45-28(C) C-3 Regional Business District 45-34.1(3) yards and open spaces . 45-28(D) Off-street parking R-3 Apartment Dwelling District C-1 Neighborhood Commercial District. 45-33(E) Floor area 45-30(F) C-lA Limited Commercial District 45-32(E) Height 45-30(B) C-3 Regional Business District 45-34.1(2) Off-street parking 45-30(E) C-A Commercial District 45-31(G), (H) permitted uses 45-30(A) CB Commercial District 45-31.1(G), (H) Site area............................. 45-30(C) CC Transitional Commercial District 45-32.1(G), (H) yards and open spaces 45-30(D) R-1 Single-Family Dwelling Districts 45-27(E) Setbacks R-2 Multiple-Family Dwelling District . 45-28(F) C-3 Regional Business District 45-34.1(5) R-3 Apartment Dwelling District 45-30(E) Oceanfrontland 45-22 Open spaces. See herein: Yards and Open Short title 45-1 Spaces Signs Parking C-3 Regional Business District 45-34.1(7) Off-street loading and internal circula- Site area tion. See herein that subject C-lA Limited Commercial District 45-32(C) Off-street parking regulations. See herein: C-A Commercial District 45-31(E) Off-Street Parking CB Commercial District 45-31.1(E) Permitted uses CC Transitional Commercial District 45-32.1(E) Automotive Commercial District....... 45-34(A) R-1 Single-Family Dwelling Districts 45-27(C) C-1 Neighborhood Commercial District. 45-33(A), (G) R-2 Multiple-Family Dwelling District . 45-28(C) C-lA Limited Commercial District 45-32(A), (G) R-3 Apartment Dwelling District 45-30(C) C-2 General Commercial District 45-34(A) Surface water management C-3 Regional Business District 45-34.1(1) C-3 Regional Business District 45-34.1(8) C-A Commercial District 45-31(B), (C) Telecommunications antenna and antenna CB Commercial District 45-31.1(B), (C) towers 45-21 CC Transitional Commercial District 45-32.1(B) Violation and penalty 45-6 C-OS Conservation and Open Space Dis- Yards and open spaces trict 45-35.2(B) C-1 Neighborhood Commercial District. 45-33(D) R-1 Single-Family Dwelling Districts 45-27(A) C-lA Limited Commercial District 45-32(D) R-2 Multiple-Family Dwelling District . 45-28(A) C-A Commercial District 45-31(F) CB Commercial District 45-31.1(F) R-3 Apartment Dwelling District 45-30(A) Planned unit development CC Transitional Commercial District 45-32.1(F) C-3 Regional Business District 45-34.1(10) R-1 Single-Family Dwelling Districts 45-27(D) Filing of application 45-35.1(II) R-2 Multiple-Family Dwelling District . 45-28(D) Planning commission R-3 Apartment Dwelling District 45-30(D) Action of 45.35.1(IV) Referral to 45-35.1(III) Statement of intent 45-35.1(I) Supp. No. 33 2967