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Pages Replaced by Supplement #29 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 CI~ARTER Charter 1 Art. I. Corporate Name 3 Art. LA. Vision Statement 3 Art. II. Territorial Boundaries 3 Art. III. Legislative 9 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 136.4 Div 1. Generally 136.4 Div. 2. Rules of Procedure 136.4 Art. III. Administrative Code 137 Div. 1. Generally 137 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 Services 141 Div. 7. Department of Library 142 Div. 8. Department of Country Club 142 Div. 9. Department of Recreation 142 Art. N Manager 142.1 Art. V. Pensions and Retirement Systems 142.1 Div. 1. Generally 142.1 Div. 2. Social Security 142.1 st~~~~. No. zs ~ { NORTH PALM BEACH CODE 1 Chapter Page Div. 3. Pension and Certain Other Benefits for Gen- eral Employees 143 Div. 4. Pension and Certain Other Benefits for Fire and Police Employees 151 Div. 5. Length of Service Award Plan for Volunteer Firefighters 161 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. N Marine Sanctuaries 333 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. N Reserved 398.5 Art. V. Signs and Outdoor Displays 398.5 Art. VI. Energy Efficiency Building Code 398.16 Art. VII. Coastal Construction Code 398.16 7. Bulkhead Lines 453 Art. I. In General 455 Art. II. Filling Permit 455 Emergency Management 507 Art. L In General 509 Art. II. Civil Disorders and Disturbances 510 9. Country Club 559 Art. I. In General 561 Art. II. Advisory Board 562 Art. III. Finances 563 10. Elections 615 ~ Art. I. In General 617 Supp. No. 28 xii TABLE OF CONTENTS-Contd. Chapter Page Art. II. Reserved 619 Art. III. Inspectors and Clerk 619 Art. N 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. N 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. Occupational Licenses 1054.1 Art. III. Businesses Located Outside Village Limits 1060 Art. IV. Reserved 1063 Art. V. Ambulances 1063 Art. VI. Garage and Other Sales . 1063 Supp. No. 27 xiii r NORTH PALM BEACH CODE Chapter Page 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. Reserved 1228 Art. III. Offenses Against Property 1228 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. Wellfield 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 l 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 1360 Art. VI. Archaeological Site Protection Regulations 1363 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 Div 2. Permits 1522 25. Swimming Pools 1573 Art. I. In General 1575 Supp. No. 27 ~p TABLE OF CONTENTS-Contd. Chapter Page 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. N 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 2486.2.4 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. 27 xv a 8 NORTH PALM BEACH CODE Page Code Comparative Table-Ordinances 2875 Charter Index 2933 Code Index 2935 Supp. No. 27 XV1 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 a page-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 83 25 iii 1 133 28 v, vi OC 135, 136 24 vii, viii OC 136.1, 136.2 24 ix OC 136.3, 136.4 24 x.i, x.ii 1 137, 138 23 x.iii 1 139, 140 28 xi, xii 28 140.1, 140.2 28 xiii, xiv 27 141, 142 22 xv, xvi 27 142.1, 142.2 22 1 25 143, 144 27 3, 4 25 145, 146 27 5, 6 25 146.1 27 7, 8 25 147, 148 24 9, 10 25 149, 150 27 11, 12 25 150.1 27 13, 14 25 151, 152 26 15, 16 25 153, 154 26 17, 18 25 155, 156 26 19 25 156.1, 156.2 26 65 25 156.3 26 77 OC 157, 158 25 79, 80 OC 159, 160 25 81, 82 25 161, 162 25 Supp. No. 23 [1] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 163, 164 25 671 2 165, 166 25 673 24 167, 168 25 695 13 169 25 697 13 211 OC 723 24 213, 214 19 725 24 263 OC 726.1 13 265, 266 OC 727, 728 5 267, 268 27 729 5 269 27 777 OC 319 OC 779, 780 OC 321, 322 17 781, 782 OC 323, 324 16 783, 784 OC 325, 326 24 785, 786 OC 327, 328 27 787, 788 OC 329, 330 27 789 OC 331, 332 27 839 OC 332.1 27 889 OC 333, 334 20 891, 892 25 381 23 892.1 15 383, 384 27 893, 894 OC 385 24 895, 896 OC 398.3, 398.4 7 945 OC 398.5, 398.6 23 947, 948 27 398.7, 398.8 23 997 OC 398.9, 398.10 23 999, 1000 22 398.11, 398.12 25 1051 OC 398.13, 398.14 25 1053, 1054 25 398.14.1, 398.14.2 25 1054.1, 1054.2 25 398.15, 398.16 8 1055, 1056 27 399, 400 OC 1057, 1058 27 401, 402. OC 1059,. 1060 27 403 OC 1061, 1062 8 453 OC 1063, 1064 8 455, 456 22 1121 OC 507 22 1171 OC 509, 510 22 1173, 1174 28 511 22 1174.1 26 559 17 1175 19 561, 562 24 1225 OC 563, 564 24 1227, 1228 24 615 OC 1228.1 24 617, 618 OC 1229, 1230 21 619, 620 6 1231, 1232 21 Supp. No. 28 [2] I CHECKLIST OP' UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1233,1234 21 1781 21 1235, 1236 21 1783, 1784 21 1237, 1238 16 1785, 1786 21 1239, 1240 27 1787, 1788 21 1241, 1242 27 1789, 1790 21 1289 3 1791,1792 21 1291, 1292 OC 1793, 1794 21 1293, 1294 22 1795, 1796 21 1295 22 2043 OC 1343 4 2045,2046 25 1345, 1346 22 2046.1 25 1346.1 22 2047, 2048 OC 1347, 1348 OC 2049, 2050 OC 1349, 1350 OC 2051, 2052 OC 1351, 1352 14 2053 OC 1352.1 14 2353 OC 1353, 1354 OC 2355, 2356 OC 1355, 1356 OC 2357, 2358 OC 1357, 1358 OC 2359, 2360 22 1359, 1360 OC 2361, 2362 22 1361, 1362 5 2362.1 22 1363, 1364 5 2363, 2364 OC 1365, 1366 5 2365, 2366 OC 1367 5 2367, 2368 1 1411 OC 2368.1 1 1463 OC 2369, 2370 OC 1465, 1466 OC 2371, 2372 OC 1517 OC 2373, 2374 OC 1519, 1520 OC 2375, 2376 OC 1521, 1522 27 2377, 2378 22 1523 27 2379 22 1573 24 2479 9 1575, 1576 24 2481, 2482 23 1627 9 2483,2484 23 1629, 1630 27 2485, 2486 23 1631 27 2486.1, 2486.2 23 1681 OC 2486.2.1, 2486.2.2 23 1683, 1684 24 2486.2.3, 2486.2.4 27 1684.1, 16842 24 2486.3 27 1685, 1686 OC 2487, 2488 OC 1687, 1688 17 2488.1, 2488.2 18 1689, 1690 17 2489, 2490 18 1739 14 2491,2492 18 1741, 1742 21 2493, 2494 18 Supp. No. 28 [3] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 2495, 2496 18 2513, 2514 OC 2497, 2498 21 2515, 2516 22 2499, 2500 21 2517, 2518 22 2501,2502 25 2619 21 2503, 2504 28 2819, 2820 26 2504.1, 2504.2 28 2869, 2870 OC 2504.3 28 2871 OC 2505, 2506 10 2873 OC 2507, 2508 13 2875, 2876 OC 2509, 2510 13 2877, 2878 OC 2510.1, 2510.2 25, Add. 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 28 2510.13, 2510.14 25, Add. 2933, 2934 25 2510.15, 2510.16 25, Add. 2935, 2936 28 2510.17, 2510.18 25, Add. 2937, 2938 28 2510.19, 2510.20 25, Add. 2939, 2940 28 2510.21, 2510.22 25, Add. 2940.1 28 2510.23, 2510.24 25, Add. 2941, 2942 24 2510.25, 2510.26 25, Add. 2943, 2944 24 2510.27, 2510.28 25, Add. 2945, 2946 25 2510.29, 2510.30 25, Add. 2947, 2948 26 2510.31, 2510.32 25, Add. 2949, 2950 25 2510.33, 2510.34 25, Add. 2950.1 24 2510.35, 2510.36 25, Add. 2951, 2952 27 2510.37, 2510.38 25, Add. 2953, 2954 25 2510.39, 2510.40 25, Add. 2955, 2956 25 2510.41, 2510.42 25, Add. 2965, 2966 28 2510.43,. 2510.44. 25, Add.. 2967 25, Add. 2510.45, 2510.46 25, Add. 2510.47, 2510.48 25, Add. 2510.49, 2510.50 25, Add. 2510.51, 2510.52 25, Add. 2510.53, 2510.54 25, Add. 2510.55, 2510.56 25, Add. 2510.57, 2510.58 25, Add. 2511, 2512 23 2512.1, 2512.2 23 2512.3, 2512.4 23 2512.5, 2512.6 23 2512.7 23 Supp. No. 28 [4] CHARTER § 1 tance of 152.42 feet, more or less, to a point in the scribed in Deed from Tasdem, Incorporated to the westerly extension of the North face of the South State of Florida, recorded in Deed Book 838, Page wall of the Garden Shop so called, said Garden 25, Public Records of Palm Beach County, Florida, Shop located in the Northwesterly corner of the with the Northerly right-of--way line of Palmetto said J.M. Fields Store Building; thence North Road, as shown on the Plat of Kelsey City (now 88°40'58" East along the just said westerly exten- Lake Park), recorded in Plat Book 8, Page 35, sion and along the just said North face of the public Records of Palm Beach County, Florida; South wall a distance of 41 feet, .more or less, to a thence Westerly, along said Northerly right-of- point in the West face of the East wall of said way line, a distance of 488.28 feet to a point on a Garden Shop; thence North Ol°19'04" West run- portion of the Westerly boundary of that certain Wing along the just said West face of the East wall parcel of land described in Official Records Book and the northerly extension thereof a distance of 3343, Page 1786, Public Records of Palm Beach 120.27 feet, more or less to a point in the face of County, Florida, and the point of beginning of the the curb, said curb being 20.26 feet northerly hereinafter described parcel; thence Northerly from and parallel with the face of the North wall of said building; thence North 88°40'56" East along said Westerly boundary, making an angle running along the said face of the curve and its ~'~'ith the preceding course, measured from East to Easterly extension of a distance of 537.31 feet, North of 87°30'30", a distance of 247.44 feet to a more or less, to a point in the said westerly Point thence Westerly, making an angle with the right-of--way line of State Road No. 5, said point Preceding course, measured from South to West of being also a point on a curve concave to the West, 96°11'07", a distance of 208.80 feet to the of the having a radius of 11384.22 feet and whose tan- Easterly boundary of that certain parcel of land gent passing through said point bears South described in Official Records Book 3259, Page 10°13'29" East; thence southerly running along 278, Public Records of Palm Beach County, Flor- the arc of the just described curve and along the ida; thence Southerly, along said Easterly bound- said westerly right-of--way line subtending a cen- ary, making an angle with the preceding course, tral angle of Ol°48'07", a distance of 358.34 feet, measured from East to South of 89°58'58", a more or less, to the end of said curve; thence distance of 240.58 feet to a point on said North- South 81°34'38" West running along a line radial erly right-of--way line, making an angle with the to the just described curve and radial to the next preceding course, measured from North to East of described curve and continuing along said west- 91°20'25", a distance of 235.45 feet to the point of erlycight-of--way line a distance of 5 feet to a point beginning. in a curve concave to the West, being concentric (Laws of Fla., Ch. 73-564, § l; Ord. No. 03-95, with the last described curve and having a radius 2-9-95; Ord. No. 24-96, 7-11-96; Ord. No. 33-96, of 11389.22 feet; thence southerly running along 8-22-96; Ord. No. 20-99, § 1, 5-27-99; Ord. No. the arc of the just described curve and continuing 16-2002, § 1, 5-23-02; Ord. No. 27-2002, § 1, along the said westerly right-of--way line; subtend- 9-26-02; 03-2003, § 1, 2-13-03) ing a central angle of 00°25'22", a distance of 84.04 feet to the end of said curve; thence south 08°00'00" East along the westerly right-of--way ARTICLE III. LEGISLATIVE line a distance of 91.77 feet, more or less, to the POINT OF BEGINNING. Section 1. Village council; powers and com- TRACT II position. A parcel of land lying in Section 21, Township 42 There shall be a village council with all legis- South, Range 43 East, Palm Beach County, Flor- lative powers of the village vested therein consist- ida, being more particularly described as follows: ing of five (5) members who shall be electors of the village, who shall be elected by the electors of the Commence at the intersection of the Westerly village. Right-of--way line of State Road No. 5, as de- (Ord. No. 1-76, § 1, 2-19-76) Supp. No. 25 9 ii § 2 NORTH PALM BEACH CODE ill ' 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 villa e council shall be b ou s to be known g Y p ~ as Groups 1, 2, 3, 4 and 5. The councilmen in tice of such hearing to the suspended officer, who I!~ Groups 1, 3 and 5 shall be elected in the even shall be given an opportunity to be heard with his years and councilmen in Groups 2 and 4 shall be ~"~itnesses. If upon such hearing the charges pre- elected in the odd years. The term of office of a ferred against such officer shall not be sustained councilman shall commence a on his election and by the council, the officer shall be thereby imme- p 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 office of those councilmen whose terms expire in In the event that any village officer shall be March of 1981 and March of 1982 shall be short- ened by a period of one week. suspended by the mayor as herein provided, the (Ord.. No. 1-76, § 1, 2-19-76; Ord. No. 29-80, § 1, mayor shall have power to appoint some person or 10-9-80) some other officer of the Village temporarily to perform the duties of the officer suspended, until Section 3. Mayor. the charges against such suspended officer are heard and determined by the council. The council shall elect from among its mem- (Ord. No. 1-76, § 1, 2-19-76) bers a mayor, a vice mayor, and a president pro tem to serve at the pleasure of the council. Elec- Section 4. Compensation and expenses. tion of the mayor, vice mayor and president pro tem shall be done annually at the first (lst) The council may determine the annual salary regular council meeting after the village election. of council members by ordinance, but no ordi- The mayor shall preside at meetings of the coon- nance increasing such salary shall become effec- cil, shall be recognized as head of village govern- tive until the date of commencement of the terms went for all ceremonial purposes, by the governor of the council members elected at the next regular for purposes of military law, for service of process, election, provided that such election follows the execution of contracts, deeds and other docu- adoption of such ordinance by at least six (6) merits, and as the village official designated to months. represent the village in all agreements with other (Ord. No, 1-76, § 1, 2-19-76) governmental entities or certifications to other governmental entities, but shall have no admin- istrative duties except as required to carry out the Section 5. Vacancies; forfeiture of office; fill- responsibilities herein. The vice mayor shall act ing of vacancies. as mayor during the absence or disability of the mayor. The president pro tem shall preside at (a) Vacancies. The office of a council member council meetings in the absence of the mayor and shall become vacant upon his death, resignation, vice mayor. removal from office in any manner authorized by law or forfeiture of his office, such forfeiture to be The mayor shall have power, for sufficient declared by the remaining members of the coun- cause, to suspend any Village officer or official cil. appointed by the council. In case of the suspen- sion of any such person, the mayor shall, within (b) Foy feitur•e of office. A council member shall fifteen (15) days thereafter, deliver to the village forfeit his office if he lacks at any time during his clerk, or his deputy, a specification in writing of term of office any qualification for the office the charges preferred to the officer suspended; prescribed by this charter or by law. Supp. No. 25 10 CHARTER 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 N 7 Added IV 7 2 Added IV 8 3 Added N 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 [The neat page is 77] Supp. No. 25 65 I,' 1~ i I~ ADMINISTRATION § 2-53 respective departments and all activities Sec. 2-52. Composition; terms; vacancies. assigned thereto, except as provided in section 2-40. (a) Composition. The audit committee shall consist of five (5) members and two (2) alternate (2) Inaugurate sound practices. Keep in- members. The membership of the audit commit- formed as to the latest practices in their tee shall consist of a member of the village coun- partict~lar field and shall inaugurate, with cil, village manager or assistant village manager, the approval of the village manager, such and three (3) village residents with educational new practices as appear to be of benefit to and/or practical experience in the fields of finance the service and to the public. or business. (3) Report to village manager Submit monthly (b) Terrns. The village council shall appoint the and annual reports of the activities of his council member on an annual basis during April department to the village manager. of each year to take effect the following May 1 of (4) Maintain records. Establish and maintain each year. At the first appointment of the three (3) a system of filing and indexing records resident members, one (1) member shall be ap- and reports in sufficient detail to furnish pointed for a term of three (3) years; one (1) all information necessary for proper con- member shall be appointed for a term of two (2) trol of departmental activities and to form years; and one (1) member shall be appointed for a basis for the periodic reports to the one (I) year. Thereafter, resident members shall village manager. be appointed for terms of three (3) years. Alter- (5) Authority over employees. Have power, pate members shall be appointed on the same day when authorized by the village manager, that regular members are appointed and on an to appoint and remove, subject to person- annual basis during April of each year to take nel policy regulations for personnel, all effect the following May 1 of each year and shall subordinates under him. have the duty to sit for any regular member that is absent, including the member councilman and (6) Maintain equipment. Be responsible for the village manager or assistant village manager. the proper maintenance of all village prop- Alternate members shall be appointed as first erty and equipment used in his depart- alternate and second alternate and shall serve in ment. that order when required. The members shall (c) Departments. Each department shall fur- serve at the pleasure of the village council. nish, upon the direction of the village manager, (c) Vacancies. An appointment to fill any va- any other department such service, labor and cancy shall be for the remainder of the unexpired materials as may be requisitioned by the head of teen of office. such department, and as its own facilities permit, (Ord. No. 06-2004, § 2, 4-8-04) through the same procedure and subject to the same audit and control as other expenditures are Sec. 2-53. Organization. incw red. (Code 1970, § 2-35; Ord. No. 44-97, § 2, 10-9-97; At the first organizational meeting of the coin- Ord. No. 5-99, § 1, I-28-99) mittee, the members shall elect a chairman and vice chairman from among its members. Subse- Secs. 2-44-2-50. Reserved. quent to the initial organizational meeting where officers are elected, the members shall elect the DIVISION 2. AUDIT COMMITTEE officers fiom among its members at the first regular meeting in May of each year. The chair- Sec. 2-51. Created. man of the committee shall always be one of the village resident members. The presence of three An audit committee (hereinafter referred as (3) members shall constitute a quorum, and mo- the committee) for the village is hereby created. bons shall be approved by a majority of members (Ord. No. 06-2004, § 1, 4-8-04) present. The members shall serve without com- Supp. No. 28 139 § 2-53 NORTH PALM BEACH CODE pensation. All meetings of the audit committee Sec. 2-56. Access to records. shall be held at Village Hall, 501 U.S. Highway The audit committee shall have access to the One, North Palm Seach, Florida, and shall be reports of any internal auditors, as well as access open to members of the public. to any annual internal audit work plans. (Ord. No. 06-2004, § 3, 4-8-04) (Ord. No. 06-2004, § 6, 4-8-04) Sec. 2-54. Duties. Sec. 2-57. Administrative services. The village manager shall provide administra- The audit committee shall have the following tive services to the audit committee, including duties and responsibilities: personnel for the taking and transcribing of min- utes of audit committee meetings. (1) The primary responsibility of the audit (Ord. No. 06-2004, § 7, 4-8-04) committee shall be to oversee and monitor the independent audits of the village's Sec. 2-58. Reserved. financial statements from the selection of the independent auditors to the resolu- tion of audit findings. DIVISION 3. DEPARTMENT OF FINANCE (2) The audit committee shall facilitate tom- Sec. 2-59. Finance director; duties. munication between the village manager's The department of finance shall be headed by office, the independent auditors and the the finance director, who shall: village council. (1) Prescribe form. Prescribe the form of ac- (3) The audit committee shall serve as an counts and reports to be rendered by him. advisor to the village council (2) Budget duties. Prepare estimates of reve- (4) The audit committee shall present on an Hue, and shall give such other assistance annual basis a written report to the vil- in the preparation of the budget as may be lage council which shall show how the required of him by the village manager. committee has discharged its duties and (3) Financial statements. Transmit to the vil- met its responsibilities. The written re- lage manager at least monthly state- port shall include its findings as to the ments of cash on hand and of classified independent audits of the village's finan- unencumbered appropriation balances for cial statements, the village as a whole, and such other (Ord. No. 06-2004, § 4, 4-8-04) financial statements as the manager may from time to time require. He shall keep all departments, boards, commissions or Sec. 2-55. Removal. institutions currently informed of their classified unencumbered appropriation bal- If amember of the audit committee or a desig- antes. Hated alternate of the cozninittee is absent from three (3) regularly scheduled meetings of the (4) Keep accounts. Keep all general accounts committee within any twelve-consecutive-month of the village government and of the re- period without such absence being excused by spective departments, offices, boards, com- majority vote of the committee, the chairman missions and institutions thereof. shall promptly notify the village council. The (5) Fiscal supervision over officers. Exercise council may thereafter declare the member's of- general supervision over all officers of the Tice vacant and promptly fill such vacancy for the village regarding the proper management unexpired term of office. of the fiscal concerns of their respective (Ord. No. 06-2004, § 5, 4-8-04) offices. ~ , ~ Supp. No. 28 140 f I ADMINISTRATION § 2-136 Secs. 2-111-2-114. Reserved. Sec. 2-117. Bond. The village manager shall furnish a surety ARTICLE IV. MANAGER* bond to be approved by the council, such bond to be conditioned on the faithful performance of his Sec. 2-115. Residency. duties. The premium of the bond shall be paid by the village. At the time of his appointment the village (Code 1970, § 2-28) manager need not be a resident of the village or state, but shall attain residence within the village Sec. 2-118. Budget. limits within sixty (60) days of his appointment and retain village residence during his period of The village manager shall furnish the village appointment. each fiscal year with a balanced budget. (Code 1970, § 2-26) (Ord. No. 23-97, § 2, 5-8-97; Ord. No. 15-98, § 1, 7-9-98) Sec. 2-116. Removal. Secs. 2-119-2-121. Reserved. The village council may remove the village manager at any time by a majority vote of the Secs. 2-122, 2-123. Reserved. members. In the event the village manager is removed from office by the village council without Editor's note-Ord. No. 15-80, § 3, adopted July 24,1980, good cause during a time that the village manager repealed 2-122 and 2-123, relative to the appointment and is willing and able to perform his duties, then, i.n duties of the assistant village manager, respectively. Such sections formerly derived from Ord. No. 5-79, § 2, adopted that event, the village shall pay the village man- Mar. s, 1979. ager the following: (1) Accumulated sick leave and accumulated Secs. 2-124-2-128. Reserved. vacation pay; and (2) Alump sum cash payment equal to one (1) ARTICLE V. PENSIONS AND month's salary after a village manager RETIREMENT SYSTEMS has served the village for at least twelve (12) months and shall pay him two (2) DIVISION 1. GENERALLY months' salary after a village manager has served the village for at least two (2) years, and shall pay the village manager Secs. 2-129-2-135. Reserved. three (3) months' salary after a village manager has served the village for three DIVISION 2. SOCL~L SECUR,ITYfi (3) years or more, with the payment never to exceed three (3) months' salary; and Sec. 2-136. Declaration of policy. (3) The village shall maintain at its expense It is hereby declared to be the policy and the insurances that cover the village man- purpose of the village to extend, effective as of ager for the month or months that the October 1, 1956, to the employees and officials village is obligated to make a lump sum thereof, not excluded by law, nor excepted herein, cash payment to the village manager. the benefits of the system of old-age and survivors The payments specified above shall relieve the insurance as authorized by the Federal Social village of all obligations to the manager. Security Act and amendments thereto, and by . (Code 1970, § 2-26; Ord. No. 11-89, § 1, 5-25-89; F.S. Chapter 650, as amended; and to cover by Ord. No. 23-97, § 1, 5-8-97) such plan all services which constitute employ- *Charter reference-Provisions relative to village man- 'State law reference-Social security for public employ- ager, Article IV, 1-5. ees, F.S. Ch. 650. Supp. No. 22 142.1 i § 2-136 NORTH PALM BEACH CODE went as defined in F.S. section 650.02, performed village as employer by applicable state or federal in the employ of the village by employees and laws or regulations, which shall be paid over to officials thereof. the lawfully designated state agency at the times (Code 1970, § 26-11; Ord. No. 22-2001, § 1, 8-9-O1) and in the manner provided by law and regula- tion. Sec. 2-137. Exclusions from coverage. (Code 1970, § 26-15) There is hereby excluded from this article any Sec. 2-141. Records and reports. authority to include in any agreement entered into under section 2-138 of this article any ser- The village shall keep such records and make vice, position, employee, or official covered as of such reports as may be required by applicable February 11, 1957, by or eligible to be covered by state or federal laws or regulations, and shall a then existing retirement system. adhere to the regulations of the state agency. (Code 1970, § 26-12) (Code 1970, § 26-16) Sec. 2-138. Agreement authorized. Sec. 2-142. Withholding and reporting agent. The mayor is hereby authorized and directed to (a) The village treasurer is hereby designated execute all necessary agreements and amend- the custodian of all sums withheld from the ments thereto with the division of retirement of compensation of officers and employees and of the the department of administration, as state agency, appropriated funds for the contribution of the for the purpose of extending the benefits provided village pursuant to this division. by the federal system of old-age and survivors (b) The village clerk is hereby made the with- insurance to the employees and officials of the holding and reporting agent and charged with the village as provided in section 2-136, which agree- duty of maintaining personnel records for the went shall provide for such methods of adminis- purpose of this division. tration of the plan by the village as are found by (Code 1970, § 26-17) the state agency to be necessary and proper, and shall be effective with respect to services in em- Sec. 2-143. Social Security Act adopted. ployment covered by such agreement performed on and after the first day of October, 1956. The village does hereby adopt the terms, con- (Code 1970, § 26-13) ditions, requirements, reservations, benefits, priv- ileges and other conditions thereunto appertain- Sec. 2-139. Withholding from wages. ing, of title II of the Social SecurityAct as amended, for and on behalf of all officers and employees of Withholdings from salaries, wages, or other its departments and agencies to be covered under compensation of employees and officials for the the agreement. purpose provided in section 2-136 are hereby (Code 1970, § 26-18) authorized to be made, and shall be made, in the Editor's note-Title II of the Social Security Act is found amounts and at such times as maybe required by in the United States Code (and United States Code Annotat- applicable state or federal laws or regulations, ed), Title 42, 401-1126. and shall be paid over to the state agency desig- nated by law or regulations to receive such Secs. 2-144, 2-145. Reserved. amounts. (Code 1970, § 26-14) Sec. 2-140. Appropriations by village. There shall be appropriated from available funds, derived from the general fund, such amounts, at such times, as maybe required to pay promptly the contributions and assessments required of the Supp. No. 22 142.2 ' ADMINISTRATION § 2-149 normal retirement date and has attained (b) Each member entitled to a normal or early age fifty-five (55) and had five (5) years of retirement benefit shall have the right, at any credited service, a pension benefit of fifty time prior to the date on which benefit payments (50) percent of the amount the participant begin, to elect to have this benefit payable under would have been entitled to, actuarially any of the options hereinafter set forth in lieu of reduced for early retirement, shall be paid such benefits and to revoke any such elections to the surviving beneficiary for as long as and make a new election at any time prior to the the beneficiary shall live. Such amount actual beginning of payments. The value of op- shall be based on the amount payable tional benefits shall be the actuarial equivalent of under the fifty (50) percent joint and the value of benefits otherwise payable. The mem- survivor option, reduced actuarially to the ber shall make such an election by written re- age of the beneficiary, quest to the board, such request being retained in (2) If a member dies prior to the normal the board's files. retirement date and is then employed by Option 1. Joint and last survivor option. The the village and has five (5) years of cred- member may elect to receive a benefit ited service, such member regardless of during his lifetime and have such benefit age shall receive pension benefits as set (or a designated fraction thereof) contin- forth in subsection (3). ued after his death to and during the (3) The members specified in subsection (2) lifetime of his designated beneficiary. The above shall receive a benefit equal to the minimum joint and survivor percentage member's vested accrued pension as com- shall be fifty (50) percent, reduced actuari- puted under section 2-148(b) and shall be ally to the age of the beneficiary. The payable to the designated beneficiary in election of option 1 shall be null and void equal, consecutive monthly installments if the designated beneficiary dies before over ten (10) years. The benefit payment the member's benefit payments commence. specified herein shall commence upon death of the plan member and approval of the Option 2. Life annuity with ten years certain. pension board. The member may elect to receive a monthly benefit for one hundred twenty (120) (f) Termination of employment. A participant monthly payments certain. In the event who terminates his employment for reason other the member dies after his retirement, but than death or retirement shall be entitled to a before he has received retirement benefits deferred monthly retirement benefit commencing for a period of ten (10) years, the same at his normal retirement date equal to the prod- monthly benefit will be paid to the bene- uct of his vested percentage, as determined from ficiary (or beneficiaries) as designated by the following schedule, and his accrued benefit: the member for the balance of such ten- year period or, if no beneficiary is desig- Credited Service Vested Percentage nated, to the surviving spouse, or estate of Less than 5 0 the member. 5 but less than 7 50 Option 3. Other. In lieu of the optional forms 7 but less than 9 75 enumerated in this section, benefits may 9 or more 100 be paid in any form approved by the board (Ord. No. 1-83, § 3, 1-13-83; Ord. No. 9-94, § 2, so long as it is the actuarial equivalent of 6-9-94; Ord. No. 12-95, 1, 2, 3-23-95; Ord. No. the benefits otherwise payable. 35-2003, § 1, 12-11-03) Option 4. Social security adjustment option. If a Sec. 2-149. Normal .and optional forms of member retires before being eligible for benefits. social security benefits, he or she may (a) The normal form of retirement benefit is a elect an option to receive a larger pension monthly benefit for life. up to the date he or she begins receiving Supp. No. 27 145 i § 2-149 NORTH PALM BEACH CODE social security benefits. The member's pen- who are not firemen or policemen. Employees who sion benefits shall be appropriately re- are elected cannot work in the same departments duced after social security payments be- of the village. The term of service of employees on gin. The amount of reduction shall be the general retirement board shall be indefinite actuarially determined by the actuary. or until the time such employee member of the retirement board is retired, disabled, resigns, (c) Lump sum payment. Notwithstanding any- terminates village employment or is removed for thing contained within section 2-148 and section misconduct by majority vote of the employees or 2-149 to the contrary, the board, in its sole discre- the council of the village or for nonparticipation tion, may elect a lump sum payment to the by missing two (2) or more consecutive meetings. beneficiary or beneficiaries in lieu of installments The election to the board shall be arranged by the when the monthly benefits do not exceed the sum villa e clerk who shall of one hundred dollars ($100.00). This provision g ~ give reasonable notice of the election to the eligible voters. One (1) member applies to normal retirement, late retirement, of the general retirement board shall be a resi- earlyretirement and preretirement death regard- dent of the village, selected by the village council, less of the fact that the member elected retire- one (1) member shall be the village manager and ment benefits to be made in monthly install- one (1) member shall be the village mayor who ments. shall serve as nonvoting chairman except in case (Ord. No. 1-83, § 4, 1-13-83; Ord. No. 4-93, § 1, of a tie vote of the retirement board. The mayor 1-14-93) may designate another member of the village i council to serve in his place, from time to time. Sec. 2-150. Village contributions. (b) Should a vacancy occur in the position of a (a) Generally. So long as this system is in member serving as an employee member, the effect, the village shall make a contribution to the village employees shall, within. thirty (30) days, trust fund in an amount equal to the total cost for hold an election and el ct a successor to erve. e s th r sho n h m t r ent to ri 1 e yea as w byte os ec ac a a Should the member appointed by village council valuation of the system. The total cost for any resign or relinquish his duties on the general year shall be defined as the total normal cost, plus retirement board, his successor shall be ap- the additional amount sufficient to amortize the pointed by the village council within thirty (30) unfunded accrued past service liability over a days. forty-year period. (b) Other Private donations, gifts and contri- (c) The retirement board hereby created shall butions may be deposited to the fund, but such Perform all duties and enjoy all rights and powers deposits must be accounted for separately and vested by law or ordinance, and the village attor- kept on a segregated bookkeeping basis. Funds ney may give advice and legal assistance to said from these sources may be used only for addi- retirement board in all matters pertaining to the tional benefits for members, as determined by the Performance of their duties, whenever requested board, and may not be used to reduce required and may prosecute and defend all suits which village contiributions. may be instituted by or against it; provided, (Ord. No. 1-83, § 5, 1-13-83) however, the retirement board may, in its discre- tion, employ independent legal counsel for such Sec. 2-151. Retirement board, establishment. Purposes, if funded by the village council, the expense of such employment to be paid by the (a) There is hereby created a general employ- village. ees retirement board of the village which shall consist of five (5) members. (d) The retirement board shall have full au- thority to administer all the provisions of this Two (2) members of the board shall be employ- division and shall cause all disbursements and ees of the village. The employee members shall be receipt for all monies received by the fund through elected at large by full-time village employees the office of the village treasurer. The retirement Supp. No. 27 146 ADMINISTRATION § 2-153 board shall appoint a secretary who shall keep a complete record of all actions and proceedings by the board. (e) The retirement board shall continue to ex- ist exclusively for the purpose provided by this division and related legislation, and the respon- sibility for the administration and proper opera- tion thereof and for effectuating the provisions of the law relating thereto, is vested in the retire- ment board. (Ord. No. 1-83, § 6, 1-13-83) Sec. 2-152. Additional .rules and regulations authorized. The retirement board shall have the power to adopt rules and regulations, not inconsistent with the provisions of this division, governing its activ- ities and providing for the certification of the sum to be paid a retired member from the general retirement fund. (Ord. No. 1-83, § 7, 1-13-83) Sec. 2-153. Investing funds; custodian of se- curities. (a) The retirement board shall have the power and authority to direct the village treasurer to invest and reinvest the assets of the general retirement fund in a manner consistent with laws and statutes governing the investment of the village. Each of the foregoing powers and func- tions reposed in the retirement board may be performed and carried out by the village trea- surer, at the direction of the retirement board through duly authorized agents, provided that the village treasurer shall, at all times, maintain continuous supervision over the acts of any such agent(s); provided further, that legal title to the funds shall remain at all times in the name of the village. (b) The village, or its designated funding agent, shall be the custodian of all securities, and the accretion thereof shall become a part of the gen- eral retirement fund. All. funds and securities of the general retirement fund shall be deposited with the village treasurer, who shall keep then in a Supp. No. 27 146.1 f ADMINISTRATION § 2-158 all or any portion of the balance to the credit of Village at time of passage of this section who do the distributee, except that an eligible rollover not elect to be covered under the optional plan distribution does not include: any distribution within said thirty (30) day period shall continue that is one of a series of substantially equal to be covered under the existing benefit plan for periodic payments (not less frequently than general employees. annually) made for the life (or life expectancy) (b) Retirement date. A member's normal retire- of the distributee or the joint lives (or joint life ment date shall be the first day of the month expectancies) of the distributee and the distributee's designated beneficiary or fora coincident with, or next following, attainment of specified period of ten (10) years or more; any his or her sixtieth birthday and the completion of distribution to the extent such distribution is nine (9) full years of service with the village. A required under section 401(a)(9) of the Code; member may retire on his or her normal retire- and the portion of any distribution that is .not ment date or on the first day of any month includable in gross income. thereafter, and each member shall become one hundred (100) percent vested in his or her ac- (b) Eligible retirement plan: An eligible retire- trued benefit on his normal retirement date. The went plan is an individual retirement normal retirement date described above shall account described in section 408(a) of the apply only to members who are hired as general Code, an individual retirement annuity employees from and after the effective date of the described in section 408(b) of the Code, an ordinance from which this section derives. annuity plan described in section 403(a) The normal retirement date for a member who of the Code, or a qualified trust described ~,~,as a general employee of the village prior to the in section 401(a) of the Code, that accepts effective date of the ordinance from which this the distributee's eligible rollover distribu- section derives shall be the first day of the month tion. However, in the case of an eligible coincident with, or next following, attainment of rollover distribution to the surviving his or her sixtieth birthday. spouse, an eligible retirement plan is an individual retirement account or individ- Employees who are vested and eligible to retire ual retirement annuity. shall have the right to file a written election to be (c) Distributee: A distributee includes an em- considered retired on the day before death if such employee should die prior to retirement. If an ployee or former employee. In addition, employee who is vested and eligible to retire dies the employee's or former employee's sur- prior to retirement without making the foregoing viving spouse is a distributee with regard election, the election can be made by the employee's to the interest of the spouse. beneficiary previously designated in the village (d) Direct rollover: A direct rollover is a pay- records. ment by the plan to the eligible retire- (c) Retirement benefit. Amember retiring here- ment plan specified by the distributee. under on or after his normal retirement date shall (Ord. No. 13-95, § 1, 3-23-95) receive a monthly benefit which shall commence on his retirement date and be continued thereaf- Sec. 2-158. Optional benefit plan. ter during his lifetime, ceasing upon death. The (a) Applicability to employees. The optional member's annual pension benefit shall either benefit plan shall apply to all employees hired equal two and one-quarter (21/4) percent or two subsequent to the effective date of the ordinance and one-half (21/2) percent of final average earn- from which this section derieves and to all existing ings multiplied by the member's credited service employees of the Village at the effective date of for the first twenty (20) years of credited service the ordinance from which this section derives who and one (1) percent for each year of credited . elect in writing to be a part of this optional benefit service thereafter as follows: plan within thirty (30) days from the effective (1) All employees hired prior to the effective date of this section. Existing employees of the date of this section shall have aone-time Supp. No. 27 149 I § 2-158 NORTH PALM BEACH CODE option for a period of thirty (30) days from mulated contributions of members. The the effective date of this section to in- intent of this provision is to comply with crease the pension benefit from two and Section 414(h)(2) of the Internal Revenue one-quarter (21/4) percent of final average Code. For paying Social Security taxes, earnings to two and one-half (21/z) percent and for such other purposes except as of final average earnings by thereafter specified in this plan, the amount of em- making regular contributions to the fund ployee contributions "picked-up" or paid at a rate equal to two (2) percent of their by the village will be added to the amount respective earnings. If an employee fails distributed on a current basis in order to to make such election within said thirty determine total wages, salary, pay or com- (30) day period from the effective date of pensation. In the event that the employer ordinance, the employee's pension benefit agrees to assume and pay member contri- shall remain at two and one-quarter (21/4) butions in lieu of direct contributions by percent of final average earnings. the member, such contributions shall ac- (2) All employees hired. subsequent to the cordingly be paid into the plan on behalf effective date of this section shall be re- of the members. No member subject to quired to make regular contributions to such agreement shall have the option of the fund at a rate equal to six (6) percent choosing to receive the contributed amounts (including cost of living) of their respec- directly instead of having them paid by tive earnings and the employee's pension the employer directly to the plan. All such benefit shall be two and one-half (21/2) contributions by the employer shall be percent of final average earnings. deemed and considered as part of the member's accumulated contributions and (d) lllember• contributions. subject to all provisions of this plan per- (1) Amount. Members of the plan shall make taining to accumulated contributions of regular contributions to the fund at a rate members. The intent of this language is to equal. to two (2) percent of their respective comply with section 414(h)(2) of the Inter- ' earnings. nal Revenue Code. (2) Duration. The Village shall pick-up, rather (3) Interest. Interest shall be credited to mem- than deduct from each member's pay, be- ber contributions as of September 30 of ginning with the date of employment, two each year at a rate equal to the change in (2) percent of the member's basic compen- the consumer price index, published by sation. The monies so picked-up shall be the U.S. Bureau of Labor Statistics, over deposited in the Fund on a monthly basis. the twelve-month period. ending on the ~ An account record shall be maintained previous June 30. The maximum rate for continuously for each member. Pick-up any year shall be seven (7) percent and contributions shall continue until death, the minimum rate shall be zero (0) per- disability ortermination ofservice, which- cent. ever shall occur first. Contributions shall remain in the fund unless withdrawn as (4) Guaranteed refund. All contributions made provided in the Plan. No member shall by employees whose employment is termi- have the option to choose to receive the nated pirior to vesting shall receive a re- contributed amounts directly instead of fund of all amounts contributed by the having them paid by the village directly to employee together with interest at a rate the plan. All such pick-up contributions equal to the Consumer Price Index, pub- by the Village shall be deemed and be lished by the U.S. Bureau of Labor Statis- considered as part of the member's accu- tics in effect during the year or years of mulated contributions and subject to all employee contributions or seven (7) per- provisions of the Plan pertaining to accu- cent per annum, whichever is less. Supp. No. 27 150 ADMINISTRATION § 2-158.1 (e) The board shall have the power and author- ity to recommend an increase or decrease in the benefits payable hereunder, through the adoption of an amendment to this article but provided such action is based on an actuarial review by an enrolled actuary who is a member of the Society of Actuaries. (f) All portions of Division 3, Pension and Certain Other Benefits for General Employees, of Article V of Chapter 2 of the Code of Ordinances that are not in conflict with this Section 2-158 shall have full applicability to this optional ben- efit plan. (Ord. No. 12-96, § 2, 3-28-96; Ord. No. 28-96, § 1, 7-25-96; Ord. No. 35-2003, 2, 3, 12-11-03) Sec. 2-158.1. Optional benefit plan no. 2. Cost of living adjustment. The amount of pen- sion benefit will be increased or decreased in accordance with the changes in the consumer price index published by the U.S. Bureau of Labor Statistics. Adjustments of pension payments will be made on October 1 of each year reflecting the change in the consumer price index over the 12-month period ending April 1 of that year. The maximum increase or decrease in the member's pension benefit for any one (1) year is three (3) percent. However, the member's pension benefit can never be reduced below the amount the mem- ber received at date of retirement. Such adjust- ments shall apply to each retirement, survivor or disability benefit in pay status as of each October 1. This provision is mandatory for all employees hired after the effective date of this section and Supp. No. 27 150.1 1 Chapter 5 BOATS, DOCKS AND WATERWAYS* Art.. T. Ia General, 5'-1-5.32' Art. II: Boat Launching;Area, 5=33-5.48 Art.. IIT. Construction Requirements, 5.49-5.96 Div. 1. Generally, 5-49-5-56 Div. 2. Canals, 5-56-5-68 Div. 3. Bulkheads.and Seawalls,- 5-69-5-80 Div. 4. Docks and Piers, 5.81-5-92 Div. 5. Erosion Control Structures, 5-93-5-100 Art.' IV. Marine Sanctuaries, § 5-101 *Cross references-Bulkhead lines, Ch. 7; parks, playgrounds and recreation, Ch. 20. State law references-Beautification and improvement of waterways, F.S. § 342.03; Florida Vessel Registration and Safety Law, F.S. ch. 327. 319 f BOATS, DOCKS AND WATERWAYS § 5-101 "(b) In granting any variance, the board of Sec. 5-95. Construction. adjustment may prescribe appropriate con- ditions and safeguards in conformity with Construction plans and location of erosion con- this part and any ordinance enacted un- trol structures shall be prepared by a Florida der its authority. Violation of such condi- registered engineer and be approved by the vil- tions and safeguards, when made a part lage engineer. Prior to a permit being issued, of the terms under which the variance is permits shall also be obtained from any other granted, shall be deemed a violation of authority having a legal interest in the waterway, the ordinance. lake, river, lagoon or other body of water involved. (Code 1970, § 11-40; Ord. No. 4-74, § 2) "(c) The board of adjustment may prescribe a reasonable time limit within which the Sec. 5-96. Control. action for which the variance is required shall be begun or completed or both." Every erosion control structure shall be owned (Ord. No. 1-82, § 1, 1-28-82; Ord. No. 28-98, § 4, and maintained by the village and shall be al- 12-10-98) tered or removed under the authority and deci- sion of the village council. Erosion control struc- Secs. 5-87-5.92. Reserved. tures may be constructed by upland landowners under the supervision of the building official of the village. All erosion control structures shall DIVISION 5. EROSION CONTROL meet the minimum design requirements set forth STRUCTURES* in this chapter, including permits, fees, surety bonds, minimum design requirements and other Sec. 5-93. Definition. regulations. As used in this division, "erosion control strut- (Code 1970, § 11-40; Ord. No. 4-74, § 2) tures" shall mean seawalls and/or groins designed to control and prevent erosion of existing land Secs. 5-97-5-100. Reserved. masses which lie outside established bulkhead lines or property lines in waterways, lakes, rivers, ARTICLE IV. MARINE SANCTUARIES~- lagoons or other bodies of water in the village. (Code 1970, § 11-40; Ord. No. 4-74, § 2) Cross reference-Rules of construction and definitions Sec. 5-101. Designation of waters as marine generally, § 1-2, sarictuarles. Sec. 5-94. When permitted. (a) Definition. Marine sanctuary is defined as those areas within the village where the tide ebbs Erosion control structures shall be permitted and flows including, but not limited to, Lake to be constructed in the village only where land Worth, the Intracoastal Waterway and other wa- masses exist waterward of any property line or ter areas throughout the village which under bulkhead line in the village and within the rights- normal circumstances support vegetation typi- of-way of any waterway, lake, river, lagoon or tally adapted for life in the water and for the other body of water in the village other than the preservation and growth of fish breeding, recre- .Atlantic Ocean. Erosion control structures shall ation and aesthetic areas. be permitted when the village engineer and vil- lage council determine that such structure is (b) Areas designated. The village nominates all necessary to prevent a land mass as described water areas within its corporate limits, and, in above from eroding into the adjacent body of particular, Lake Worth and the Intracoastal Wa- Water. fiEditor's note-Ordinance No. 18-79, § 1, adopted Sep- (Code 1970, § 11-40; Ord. No. 4-74, § 2) tember 13, 1979, amended the Code by adding § 7-25. How- ever, for purposes of classification, the new provisions have *Cross reference-Coastal construction code, § 6-151 et been redesignated as Ch. 5, Art. IV, § 5-101, at the editor's seq. discretion. Supp. No. 20 333 i § 5-101 NORTIi PALM BEACH CODE u ` terway, to be designated as a marine and wildlife sanctuary" as provided for under Title III of the Marine Protection, Research and Sanctuaries Act of 1972. The village clerk is hereby directed to request the secretary of commerce to so designate those portions of North Palm Beach to be marine sanctuaries. (c) Area to be regulated. The village hereby declares the waters of Lake Worth and the Intracoastal Waterway within its municipal bound- aries to be a marine sanctuary in accordance with its findings that these waters support substantial fish breeding and are one of the last known fish breeding areas in Lake Worth, and contain therein unique mangrove species, mud flats and other areas conducive to fish breeding and ecological conservation of marine life. Further, that such areas are necessary to be ,conserved for their ecological purposes, as well as for the substantial recreational purposes of fishing and boating which occur thereon, as well as for the aesthetic value of the substantial expanse of water, together with the marine life, mangroves and foliage connected therewith. Accordingly,. the village council hereby s undertakes to regulate water areas, mangrove areas and other fish breeding and recreation areas within the village to the extent that such regulations do not conflict with either state or federal law, and no disturbance of existing areas within the village where the tide ebbs and flows may occur without the specific authorization,. per- mit and license of the village, after due notice and hearing as to the ecological, conservation, recre- ation and aesthetic affect upon these areas shall be had. (d) Construction of section. The terms of this section shall be in addition to any other terms set forth in this Code which are concerned with applications for dredge and fill permits, applica- tions for building, setback applications, etc., and shall not be considered to be in lieu of any requirements contained in the village Code. (Ord. No. 18-79, § 1, 9-13-79) Cross reference-Filling permits, 7-16-7-20. [The next page is 381] Supp. No. 20 334 ELECTIONS § 10-61 Sec. 10-10. Same-Public measure. ARTICLE III. INSPECTORS AND CLERK Whenever a public measure shall be submitted to the vote of the people, the substance of such Sec. 10-58. Appointment. public measure shall be printed on the ballot one (1) time, after the list of candidates, if any, fol- For the purpose of carrying on and conducting lowed by the phrase, "For the Amendment" and of general and special elections, it shall be the also by the phrase, "Against the Amendment" duty of the village council, at least twenty (20) with a sufficient blank space thereafter for the days prior to the holding of any election in the placing of the symbol "X" to indicate the voter's village, to appoint at least three (3) intelligent, choice. discreet, fair-minded, qualified inspectors and one (Code 1970, § 12-35) (1) clerk of election for each polling place, all of whom shall be residents and registered, qualified Sec. 10-11. Village council to constitute can- electors of the village. vassing board. (Code 1970, § 12-22; Ord. No. 9-93, § 1, 3-11-93) The village council shall constitute the can- vassing board and on the day after the election- Sec. 10-59. Oath required. officials have certified their returns, the village council shall canvass the returns and the absentee The inspectors and clerks of election shall, be- ballots, if any, and officially proclaim the results fore entering upon the duties of their offices, take of the election by appropriate resolution. and subscribe an oath or affirmation to the effect (Code 1970, § 12-57) that they will perform the duties of inspector and clerk respectively, according to law, and endeavor Sec. 10.12. Protest of election returns; inspec- to prevent any fraud, deceit or abuse in conducting tion by canvassing board. the election. Such oath may be taken before the Whenever any elector, believing that election village clerk or any officer authorized to admin- returns are erroneous and fraudulent, protests, ister oaths and shall be filed with the supervisor he shall have a right to file a written protest of registration. against the canvass of such returns with the can- (Code 1970, § 12-23) vassing board specifying the polling place in which he believes such returns are erroneous or fraud- ulent. Such protest may be filed with the can- Sec. 10.60. Filling vacancy. vassing board up until the time the canvass has In the case of absence or refusal to act of any been completed and the totals of votes tabulated. (Code 1970, § 12-58) inspector or clerk appointed by the village council, the remaining inspectors and clerk at any polling place may fill all vacancies from the registered Secs. 10-13-10.37. Reserved. and qualified electors of the village, and provided that the council shall not have filled such vacancy prior to the date of holding any such election. ARTICLE II. RESERVED* (Code 1970, § 12-24) Secs. 10-38-10-57. Reserved. Sec. 10-61. Compensation. *Editor's note-Ord. No. 3-79, § 1, adopted Feb. 22, 1979, repealed 10-38-10-46, which sections constituted Art. II, Inspectors and clerks of any election shall be pertaining to absentee voting. Such sections derived from Code paid for their services by the village in such sum 1970, 12-46-12-54. Section 2 of Ord. No. 3-79 provided "that the provisions of the general laws of the State of Florid~~ as may be determined, from time to time, by the relating to absentee voting are hereby adopted as a part of the` village Council. Election Code of the Village of North Palm Beach." (Code 1970, § 12-25) Supp. No. 6 619 § 10-62 ~ NORTH-PALM BEACH CODE _ Sec. 10.62. Duty to .maintain good order and Sec. 10-`77. Policeman to be present. report violations. The council may designate one (1) of the officers (a) The inspectors of election shall have full au- of the police force of the village for each polling thority to maintain order at the polls and enforce place, who shall be required to be present during obedience to their lawful commands during an the whole of the time the polls are kept open and election and during the canvass and estimate of until the election is completed. He shall be subject the votes. to all lawful commands of the inspectors, and shall (b) It shall be the duty of the clerk and inspec- see that .there is no interruption of good order. tors to report any violation of this chapter to the Such police officer shall have the power to main- village council. If ordered by a majority of the twin peace and to summon a posse from among the board at any precinct, any :person presenting him- bystanders to aid him in maintaining the peace self to vote may be arrested by any peace officer and good order at the polls. attending such precinct, for known violations of (Code 1970, § 12-18) this chapter. (Code 1970, § 12-26) .Sec. 10-63. Organization. One (i) inspector shall act as the chairman of the election board at each polling place. In any and all questions that .may arise before such in- spectors of election, the decision of the majority of them shall decide the question. (Code 1.970, § 12-27) Sec. 10-64. Instruction prior to .election. The supervisor of registration and the village council shall, prior to each election, give such n- struction as necessary to the members of the elec- tion board concerni-ng their duties for the proper conducting of the election and for the proper op- eration of voting machines. Such instruction shall be given not more than ten (10) days prior to the date of the election and as near to each election as practicable. This shall not be construed to mean that instruction is required to be given to each election board before each election but to provide for instruction of election boards needing instruc- tion in order to properly perform their duties. (Code 1970, § 12-28) Secs. 10.65-10-75. It,eserved. ARTICLE IV. POLLING PLACE Sec. 10-76. Designated. The polling place of the village shall be as here- - inafter designated, from time to time, by the vil- lage council. ~ (Code 1970, § 12-15) [The next page is 671] Supp. No. 6 620 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 alined 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 must be available fortwenty- that may already possess an alarm system permit as described in section 19-210(c). four (24) hour per day contact and re- 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. 27 1239 § 19-218 NORTH PALM BEACH CODE 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 occupational licenses. At the time of annual renewal, the applicant shall present proof to the village in the form of a returned receipt of such notification to the county department of environmental resources manage- ment. (Ord. No. 22-90, § 1, 6-28-90) Cross reference-Licenses and miscellaneous business regulations, Ch. 17. Supp. No. 27 1242 [The next page is 1289] PARKS, PLAYGROUNDS AND RECREATION § 20-61 Sec. 20-32. Form. (5) That the facilities desired have not been The permit required by section 20-31 shall be reserved for other use at the day and hour required in the application. in such form as may be established by the recre- (Code 1970, § 25-19; Ord. No. 201-69, § 8) ation director. (Code 1970, § 25-17; Ord. No. 201-69, § 6) Sec. 20-35. Appeal from refusal to issue. Sec. 20-33. Application. (a) Within five (5) days after receipt of an An application for a permit required by section application, the recreation director or village man- 20-31 shall contain the following items: ager shall apprise an applicant, in writing, of his (1) The name and address of the applicant. reasons for refusing a permit required by this division. (2) The name and address of the person, corporation or association sponsoring the (b) Any aggrieved person shall have the right .activity, if any. to appeal, in writing, within five (5) days to the (3) The day and hours for which the permit is village council, which shall consider the applica- tionunder the standards set forth in section 20-34 desired. and sustain or overrule the recreation director's (4) The park or portion thereof far which such or village manager's decision within seven (7) = permit is desired. days. (5) An estimate of the anticipated atten- (c) The decision of the village council shall be dance. (6) Any other information which the recre- (Code 1970, § 25-20; Ord. No. 201-69, § 9) ation director shall find reasonably neces- sary to a fair determination as to whether See. 20-36. Revocation. a permit should be issued. (Code 1970, § 25-18; Ord. No. 201-69, § 7) The recreation director may xevoke a permit required by this division upon a finding of a Sec. 20-34. Standards for issuance. violation of any rule, ordinances or provision of The recreation director or the village manager this Code, or upon good cause shown. shall issue a permit under this division when he (Code 1970, § 25-23; Ord. No. 201-69, § 12) finds: Secs. 20-37-20-60. Reserved. (1) That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoy- ARTICLE III. RECREATION ADVISORY merit of the park. BOARD* (2) That the proposed activity or use will not unreasonably interfere with or detract Sec. 20-61. Created. from the promotion of public health, wel- fare, safety and recreation. A recreation advisory board (hereinafter re- ferred to as board) for the village is hereby cre- (3) That the proposed activity or use is .not ated. reasonably anticipated to incite violence, Ord. No. 5-92, § 1, 4-23-92) crime or disorderly conduct. *Editor's note-Ordinance No. 5-92, adopted April 23, (4) That the proposed activity will not entail 1992 did not specifically amend the Codea; hence, inclusion of L1nuSUal, extraordinary Or burdensome ex- 1-6 as Art. III was at the discretion of the editor. pense or police operation by the village. Cross reference-Department of recreation, § 2-110. Supp. No. 22 1293 § 20-62 NORTH PALM BEACH CODE Sec. 20-62. Composition; terms; vacancies. Sec. 20-64. Officers' quorum; compensation. (a) Composition. The board shall be appointed At the first organizational meeting of the board, by the village council and shall consist of five (5) the members shall elect a chairman, vice presi- members and two (2) alternates who shall be dent and secretary from among its members. residents of the village. Subsequent to the initial organizational meeting where officers are elected, the members shall (b) Term. The initial appointments to the five elect the officers from among its members at the ~ (5) member board shall take effect upon the first regular meeting in May of each year. The ~ effective date of this article with the respective presence of three (3) members shall constitute a terms expiring as follows: quorum and motions shall be approved by a ~ (1) The terms of two (2) members shall expire majority of members present. The members shall ' serve without compensation. ~ on May 1, 1992. Ord. No. 5-92, § 4, 4-23-92) (2) The terms of three (3) members shall expire on May 1, 1993. Sec. 20-66. Meetings. (c) Subsequent terms. Upon expiration. of the The board shall meet and shall schedule a terms set forth above, each appointment shall be regular meeting at least once per month. In for two-year terms. Appointments shall hereafter addition, the chairman may call special meetings be made by resolutions of the village council. and special meetings may be called by written notice signed by at least three (3) members of the (d) Vacancies. An appointment to fill any va- board. Minutes shall be kept of all meetings. cancy shall be for the remainder of the unexpired Notice of all meetings shall be posted in ac~or- term of office. dance with the procedures established by the village council. All meetings shall be open to the (e) Alternates. The two (2) alternates shall public. The board shall enact or adopt rules for each serve one (1) year terms. Alternate members the conduct of its meeting. All members shall be of the board shall. be appointed on the same day apprised of the applicability of the "Sunshine that regular members are appointed. Alternate Law" to the board and its members. members shall be appointed as first alternate and Ord. No. 5-92, § 5, 4-23-92) second alternate and shall serve in that order when required. Sec. 20-66. Duties. (Ord. No. 5-92, § 2, 4-23-92; Ord. No. 17-95, 1, 2, 6-22-95) (a) The board shall serve in an advisory capac- ity to the village council and make recommenda- Sec. 20.63. Removal. Lions as to present and future recreation activi- ties, planning, recreation programs, capital If a member of the advisory board or a desig- improvements and facilities and other matters noted alternate of the board is absent from three relating to the overall recreational activity of the (3) regularly-scheduled meetings of the board village and its waterways. The board is not charged within any twelve (12) consecutive month period with the duty of ascertaining costs or method of without such absence being excused by majority implementation of their proposed plans; however, vote of the board, the chairman of the board shall the board should consider the needs of all resi- promptly notify the village council. The council dents of the village. The board shall have the may thereafter declaxe the member's office vacant power to call upon the village manager, or his and promptly fill such vacancy for the unexpired designee, for information and advice. The board's term of office. recommendations to the village council shall be in (Ord. No. 5-92, § 3, 4-23-92; Ord. No. 18-2001, § 4, writing and shall state the basis or reasons for 6-28-01) such recommendations. Supp. No. 22 1294 PARKS, PLAYGROUNDS AND RECREATION § 20-66 (b) The board shall also perform any other duties which may be assigned to it by the village council and the board shall act within thirty (30) days of the date of reference, unless the village council otherwise states. (Ord. No. 5-92, § 6, 4-23-92; Ord. No. 27-98, § 1, 12-10-98) Supp. No. 22 1295 [The next page is 1343] �,� � ; e� PLANNING AND DEVELOPMENT § 21-21 The village council shall hold a public hearing enforcement of any zoning ordinance or reg- thereon, with due public notice, if any change is ulation adopted pursuant to this part. to be considered and shall then act on the pro- posed change. If the recommendation of the plan- Variances: ping commission is adverse to the proposed a. To authorize upon appeal such vari- change, such change shall not become effective ante from the terms of the ordinance except by an affirmative vote of a majority of the as will not be contrary to the public entire membership of the village council, after due interest when, owing to special condi- public notice. tions, a literal enforcement of the pro- (Ord. No. 4.78, § 2, 3-23-78; Ord. No. 4-86, § 3, visions of the ordinance would result 4-24-86) in unnecessary and undue hardship. In order to authorize any variance from Secs. 21-13-21.20. Reserved. the terms of the ordinance, the board of adjustment must find: 1. That special conditions and circum- ARTICLE III. BOARD OF ADJUSTMENT stances exist which are peculiar to the land, structure or building in- Sec. 21-21. Composition; conduct generally. volved and which are not appli- (a) Created. A board of adjustment for the vil- cable to other lands, structures or lage is hereby created, buildings in the same zoning dis- trict; (b) Membership; terms; alternates; compensa- 2. That the special conditions and cir- tion. The board of adjustment shall consist of five cumstances do not result from the !5) persons who shall serve for three-year terms actions of the applicant; and two (2) alternates who shall serve for one- 3. That granting the variance re- year terms. At the first appointment of members quested will not confer on the ap- to the board of adjustment, two (2) regular mem- plicant any special privilege that hers shall be appointed for a term of three (3) years, is denied by the ordinance to other two (2) regular members shall be appointed fora lands, buildings or structures in term of two (2) years, and one (1) regular member the same zoning district; shall be appointed for a term of one (1) year. There- 4. That literal interpretation of the after, each appointment shall be for athree-year provisions of the subject ordinance term. All terms shall take effect on the first day of would deprive the applicant of May of each year. Alternate members of the board rights commonly enjoyed by other of adjustment shall be appointed on the same day properties in the same zoning dis- that regular members are appointed. Alternate trict under the terms of the ordi- members of the board of adjustment shall be ap- nance and would work unneces- pointed as first alternate and second alternate and nary and undue hardship on the shall serve in that order when necessary. The applicant; members shall serve at the pleasure of the village 5. That the variance granted is the council. Members shall serve without compensa- minimum variance that will make tion. The board of adjustment shall meet as often possible the reasonable use of the as the demand necessitates. land, building or structure; (c) Powers, duties. The board of adjustment shall 6. That the grant of the variance will have the following powers and duties: be in harmony with the general in- tent and purpose of the ordinance - (1) Appeals. To hear and decide appeals when and that such variance will not be it is alleged that there is error in any order, injurious to the area involved or requirement, decision or determination otherwise detrimental to the public made by an administrative official in the welfare. 1347 § 21-21 NORTH PALM BEACH CODE ~ s. - ~ b. In granting any variance, the board of officer, board or bureau of the governing body af- adjustment may prescribe appropriate fected by any decision of an administrative offi- conditions and safeguards in confor- vial under any zoning ordinance enacted pursuant mity with this part [chapter] and any to this part. Such appeal shall be taken within ordinance enacted under its authority. thirty (30) days after rendition of the order, re- Violation of such conditions and safe- quirement, decision or determination appealed guards, when made a part of the terms from by filing with the officer from whom the ap- under which the variance is granted, pear is taken and with the board of adjustment a shall be deemed a violation of the or- notice of appeal specifying the grounds thereof. dinance. The appeal shall be in the form prescribed by the c. The board of adjustment may prescribe rules of the board. The administrative official from a reasonable time limit within which whom the appeal is taken shall, upon notification the action for which the variance is re- ~of the filing of the .appeal, forthwith transmit to quired shall be begun or completed or the board of adjustment all the documents, plans, both. papers or other materials constituting the record d. Under no circumstances, except as per- upon which the action appealed from was taken. mitted above, shall the board of adjust- . ment grant a variance to permit a use (fl Stay of work and proceedings on appeal. An not generally permitted in the zoning appeal to the board of adjustment stays all work district involved or any use expressly on the premises and all proceedings in further- or by implication prohibited by the ante of the action appealed from, unless the offi- terms of the ordinance in the zoning cial from whom the appeal was taken shall certify district. No nonconforming use of to the board of adjustment that, by reason of facts neighboring. lands, structures or build- stated in the certificate, a stay would cause im- ings in the same zoning district and no minent peril to life or property. In such case, prc~: _$-~ permitted use of lands, structures or ceedings or work shall not be stayed except by a buildings in other zoning districts shall restraining order which may be granted by the be considered grounds for the authori- board of adjustment or by a court of record on zation of a variance. application, on notice to the officer from whom (d) Review of administrative orders. In exer- the appeal is taken and on due cause shown. cising its powers, the board of adjustment may, fig) Hearing o f appeals. The board of adjustment upon appeal and in conformity with provisions of shall fix a reasonable time for the hearing of the this [chapter], reverse or affirm, wholly or partly, appeal,- give public notice thereof, as well as due or may modify the order, requirement, decision or notice to the parties in interest, and decide the determination made by an administrative official same within a reasonable time. Upon the hearing, in the enforcement of any zoning ordinance or reg- any party may appear in person, by agent or by ulation adopted pursuant to this part, and may attorney. Appellants may be required to assume make any necessary order, requirement, decision such reasonable costs in connection with appeals or determination, and to that end shall have all as may be determined by the governing body the powers of the officer from whom the appeal is through action in setting of fees to be charged for taken. The concurring vote of a majority of all the appeals. members of the board shall be necessary to re- verse any order, requirement, decision or deter- ~ (h) Judicial review of decisions of board. Any urination of any such administrative official or to person or persons, jointly or severally, aggrieved decide in favor of the applicant on any matter by any decision of the board of adjustment, or any upon which the board is required to pass under officer, department, board, commission or bureau any such ordinance. of the governing body, may apply to the circuit • (e) Appeals to board from decision of adminis- court in the judicial circuit where the board of trative official. Appeals to the board of adjustment adjustment is located for judicial relief within may be taken by any person aggrieved or by any thirty (30) days after rendition of the decision by t;: 1348 PLANNING AND DEVELOPMENT § 21-44 the board of adjustment. Review in the circuit to serve development concurrent with the court shall be either by a trial de novo, which impacts of development on the public facil- shall be governed by the Florida Rules of Civil ities, or that development orders are condi- Procedure, or by petition for writ of certiorari, tinned on the availability of public facili- which shall be governed by the Florida Appellate ties to serve the development concurrent Rules. The election of remedies shall lie with the with the impacts of development on the appellant. public facilities. (Ord. No. 6-77, § 3, 4-28-77; Ord. No. 4-86, § 4, (c) Minimum requirements. The provisions of 4-24-86) this article in their interpretation and application Secs. 21.22-21-40. Reserved. are declared to be the minimum requirements nec- essary to accomplish the stated intent, purposes, and objectives of this article. AR'T'ICLE IV. CONCURRENCY (Ord. No. 16-90, § 2, 6-28-90) Crosareference-Adoption of comprehensive plan, § 21-O1. MANAGEMENT* Sec. 21.41. Short title. Sec. 21-44. Definitions. This article shall be known and maybe cited as [The following- words, terms and phrases, when "The Village of North Palm Beach Adequate used in this article, shall have the meanings as- Public Facilities (Concurrency) Ordinance." cribed to them in this section, except where the (Ord. No. 16-90, § lA, 6-28-90) context clearly indicates a different meaning:] Adequate public facilities determination means Sec. 21.42. Application. a determination approved by the director of public This article shall apply to all developments in services, pursuant to the terms of this article, that the total incorporated area of the village. serves as a conditional statement that, based upon (Ord. No. 16-90, § 1B, 6-28-90) existing public facility capacity and planned public facility capacity, adequate public facilities are Sec. 21.43. Intent and purpose. thought to be available to serve development at the time of the approval of the adequate public (a) Implementation of comprehensive plan. This facilities determination. A subsequent applica- article is intended to implement and be consistent tion for a development permit for development with the village comprehensive plan, F.S. chapter that has been approved based- upon adequate 163, and rule 9J-5, F.A.C., by ensuring that all public facilities determination shall be required development in the village is served by adequate to receive. a new adequate public facilities deter- public facilities. urination, or certificate of concurrency reserva- (b) Establishment of management/monitoring tion, whichever is appropriate. and regulatory program. This objective is accom- Application for development permit means an plished by: application submitted to North Palm Beach re- (1) Establishing a management and monitoring questing the approval of a development permit. system to evaluate and coordinate the Capital improvement element means the capital timing and provision of the necessary public improvement element of the North Palm Beach facilities to service development, and comprehensive plan adopted November 9, 1989 (2) Establishing a regulatory program that en- Pursuant to F.S. chapter 163. sures that each public facility is available Capital recreation and open space facilities means the planning of, engineering for, acquisi- *Editor's note-Ordinance No. 16-90, adopted June 28, tion of land for, or construction of buildings and 1990, did not specifically amend this Code; hence, inclusion of 1-6 as Art. N, 21-41-21-46, was at the discretion of the park equipment necessary to LOS for capital rec- editor. reation and open space facilities. 1349 § 21-44 NORTH PALM BEACH CODE Capital road facilities means the planning of, with a development agreement that is condition- engineering for, acquisition of land for, or con- ally approved by the building official pursuant to struction of roads on the major road network the terms of this article as a conditional certifi- system necessary to meet the LOS for capital road Cate of concurrency reservation. A conditional cer- facilities. tificate of concurrency reservation shall be ap- proved, if it is demonstrated that: Capital potable water facilities means the plan- ping 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 pro- to meet the LOS for capital potable water facili- posed development has been reserved; ties. (2) There is reasonable likelihood that the bal- Capital sanitary sewer facilities means the plan- ante of the public facility capacity needed ning of, engineering for, acquisition of land for, or for the proposed development can be pro- construction ofsanitary sewer facilities necessary vided pursuant to a development agree- to meet the LOS for capital sanitary sewer facil- ment; and ities. ~ (3) A request has been made for consideration Capital solid waste facilities means the plan- and approval of a development agreement ning of, engineering for,. acquisition of land for, or concurrent with the application for devel- construction of solid waste facilities necessary to opment permit to accommodate the balance meet the LOS for capital solid. waste facilities. of public facility capacity needs for the pro- posed development. Capital storm drainage facilities means the plan- ning of, engineering for, acquisition of land for,. or Developer means any person, including a gov- construction of storm drainage facilities neees- ernment agency, undertaking any development sary to meet the LOS for capital storm drainage as defined in this article. facilities. ~ Development has the meaning given it in F.S. Certificate of concurrency reservation means a chapter 380. certificate approved by the director of public ser- Development agreement means an agreement en- vices pursuant to the terms of this article that tered into between a local government and a constitutes proof of adequate public facilities to person associated with the development of land, serve the proposed development. A subsequent ap- including, but not limited to, development agree- plication for a development permit for develop- ments pursuant to F.S. chapter 163,. or an agree- ment for which a certificate of concurrency reser- meet on a development order issued pursuant to vation has been approved, shall be determined to F.S. chapter 380. have adequate public facilities as long as the de- velopment order for which the certificate of con- Development order means any decision by the currency reservation was approved has not ex- village council or appropriate village staff pired, and the development is not altered to granting, denying or granting with conditions a increase the impact of development on public fa- development permit in response to an application. cilities. Development permit includes any rezoning, spe- Comprehensive plan means a plan that meets _ cial permit, site plan, subdivision plat, building ' the requirements of F.S. sections 163.3177 and permit, or any other official action of the village 163.3178, and shall mean the Village of North regarding the development of land. Palm Beach Comprehensive Plan, as amended, Level of service (LOS) means an indicator of the where referenced in this article. extent or degree of service provided by, or pro- Conditional certificate of concurrency reserva- posed to be provided by a public facility based on tion means an application for a certificate of con- and related to the operational characteristics of currency reservation considered in conjunction the public facility. 1350 SWIMMING POOLS § 25-35 ARTICLE I. IN GENERAL* Sec. 25-5. Barrier/fencing requirements. Sec. 25-1. Definitions. (a) A barrier, fence or screen enclosure shall surround a swimming pool as specified in the As used in this chapter, the following words Residential Swimming Pool Enclosure section of and phrases shall have the meaning indicated: the Florida Building Code. Private therapeutic spa pool means any recep- (b) The building official is required to conduct tacle for water having a depth at any point an inspection of all swimming pools not less than greater than two (2) feet, used or intended to be one time per year to determine compliance with used for bathing, and constructed, installed or this section and to enforce the provisions of this maintained in or above ground as an accessory section. structure. Aspa/pool shall have a surface area of (Ord. No. 22-2002, § 1, 7-11-02) less than sixty (60) square feet. Private swimming pool. As defined in the Flor- Sec. 25-6. Elevation. ida Building Code. (a) The top of the rim of all swimming pools (Ord. No. 22-2002, § 1, 7-11-02) shall not be in excess of two (2) feet above the average grade of the land surrounding the pool. Sec. 25-2. Setbacks. (b) The top of the rim of any spa pool shall not All village zoning setback requirements shall be in excess of two (2) feet above the average be complied with in the plot location of any pool grade of the land surrounding the pool or a but in no event shall the setback of the outside permanent platform constructed completely around rim of a private pool be less than seven and one the rim of the spa pool. The maximum height of a half (7 1/2) feet from the back property line and spa pool above the grade of the land surrounding not less than five (5) feet from the side property the pool shall be four (4) feet. line, including a two and one half (2 1/2) foot walk (Ord. No. 22-2002, § 1, 7-11-02) around the pool. (Ord. No. 22-2002, § 1, 7-11-02) Sec. 25-7. Final approval. Sec. 25-3. Permits. A final approval by the building official shall be issued prior to any use made of a swimming pool. Applications for swimming pool permits shall (Ord. No. 22-2002, § 1, 7-11-02) be accompanied by payment of a fee in accordance with village ordinances, and by plans and speci- Secs. 25-8-25-22. Reserved. fications prepared by a competent engineer regis- tered in the State of Florida. (Ord. No. 22-2002, § 1, 7-11-02) ARTICLE II. RESERVED- Sec. 25-4. Construction. Secs. 25-23-25-35. Reserved. Private and public pools shall be constructed of reinforced concrete, concrete block reinforced and poured after laying up, or of reinforced gunite construction. (Ord. No. 22-2002, § 1, 7-11-02) *Editor's note-Ord. No. 05-2002, § 7, adopted Feb. 28, 2002, repealed ch. 25, art. 1, 25-1-25-11, in its entirety. Ord. No. 22-2002, § 1, added 25-1-25-7 to read as herein 1'Editor's note-Ord. No. 05-2002, § 7, adopted Feb. 28, set out. Prior to amendment 25-1-25-11, pertained to 2002, repealed ch. 25, art. II, § § 25-23 and 25-24, in their similar subject matter and derived from Code 1970, 37-1, entirety. Former ait. II, pertained to Construction Permits 37-2, § 37-19-37-25, 37-27; Ord. No. 16-73, § 1; and Ord. No. and derived from Code 1970, § 37-11, 37-12; and Ord. No. 16-79, 1 6, adopted July 12-1979. 16-79, § 7, adopted July 12, 1979. Supp. No. 24 1575 § 25-36 NORTH PALM BEACH CODE ~ ARTICLE III. RESERVED Secs. 25-36-25-38. Reserved. *Editor's note-Ord. No. 05-2002, § 7, adopted Feb. 28 2002, repealed ch. 25, art. III, § § 25-36 and 25-38, in their entirety. Foi~er art. III, pertained to Public and Private Pools and derived from Code 1970, 37-28-37-30; and Ord. No. 16-79, § 8, adopted July 12, 1979. Supp. No. 24 1576 [The next page is 1627] i APPENDD~ B-SUBDIVISIONS § 36-22 able intersection separation of one hundred veloper of the adjoining area shall pay the fifty (150) feet. cost of restoring the street to its original (5) Minimum street design specifications. All design cross-section and extending the streets to be established in a subdivision street. shall be designed in accordance with the (8) Hal f streets. Half streets shall be prohib- following minimum specifications: ited, except that where a previously platted half street, improved or unimproved, abuts Collector Locat Marginal a tract to be subdivided the second half of Street Street Access ~ the street shall be platted within the tract Minimum right- 80 ft. 60 ft. 40 ft. being subdivided and the entire street shall of-way be improved when and as required in Ar- Percent grade of title IV of these regulations. roadway center (9) Street names. Street names shall not be used line: which will duplicate or be confused with Minimum 0.30% 0.30% 0.30% the names of existing streets, except that new streets which are an extension of or in Geometric design shall comply with the latest alignment with existing streets shall bear AASHTO requirements. the same name as that borne by such ex- (6) Culs-de-sac. fisting streets. The names of al] courts and circles shall not duplicate those of streets. (a) Culs-de-sac shall be provided with a turnaround having an outside roadway diameter of atleast eighty (80) feet, and Sec. 36.20. Alleys. a street property line diameter of at Insingle-family residential districts, alleys shall least one hundred (100) feet. Culs-de-sac be discouraged. When provided in any district, shall have a minimum length of two alleys shall have a minimum right-of way width ' hundred (200) feet including the turn- of twenty (20) feet. around. (b) Dead-end roads and streets may be as long as necessary to properly serve Sec. 36-21. Sidewalks. narrow island or narrow peninsulas bounded by watercourses, canals or Where provided, sidewalks shall be designed as other bodies of water the crossing of an integral part of the total circulation system which would require a bridge; and and shall be located within the street right-of--way dead-end roads and streets may be as or common open areas. long as necessary to serve properly other narrow land areas formed by such Sec. 36-22. Easements and rights-o£-way. water or waterways in combination with permanent obstructions such as Easements for utilities including water, sewer, .railroads, sewage treatment plants, electric, CATV, telephone and gas, and drainage limited access highways and the like. easements, shall be provided as follows: (7) Street access to adjoining property. Street (a) Utilities. Utility easements centered on side stubs to adjoining unplatted areas shall be or rear lot lines shall be provided where provided at intervals of not over one-quarter deemed .necessary, and shall be at least fif- . mile when required to give access to such teen (15) feet in width. Additional width areas or to provide for proper traffic circu- may be required for sewer or drainage ease- lation. Street stubs in excess of two hun- ments. Side lot line easements may be de- dred fifty (250) feet shall be provided with a creased to ten (10) feet in width when temporary cul-de-sac turnaround. The de- serving a single electric or telephone utility. Supp. No. 1 2367 § 36-22 NORTH PALM BEACH CODE (b) Drainage. Where a proposed subdivision is market value of the required land, such cash con- traversed by or abuts a watercourse, tribution shall be placed in a specially designated drainage way or stream, there shall bepro- fund with expenditures of said funds to be utilized vided a stormwater or drainage right-of--way solely for acquisition of improved and unimproved which shall conform substantially with the land for parks and recreation and for construction limits of such watercourse, drainage way, of capital facilities on lands owned and utilized by canal or stream, and such further width or the village for parks and recreation. construction, or both, as will be adequate (Ord. No. 3-91, § 1, 1-24-91) for the purpose. Where a drainage way or canal is required to be constructed, right- of-way approved as adequate by the village Sec. 36-24. Access to water bodies. engineer shall be provided for maintenance purposes. Parallel streets or parkways may (a) Whenever a subdivision is situated with a be required in connection therewith. No property frontage of one thousand (1,000) feet or open drainage ditches shall be permitted more abutting the shoreline of an ocean, gulf, lake within any subdivision boundaries. Storm or navigable waterway, the subdivider shall pro- sewers shall be covered .and open ditches vide adequate public access to the shoreline at maybe permitted across undeveloped land intervals. that average not more than one thou- only as anoutlet into an established water- sand (1,000) feet by designation of public access course, if aright-of--way is provided. See sec- easements having widths not less than twenty- tion 36-31(e). five (25) feet. These easements are to be improved by the subdivider as approved by the planning (c) Access waterways. Waterways which are commission. constructed or improved for the purpose of providing access by water to Iots within a (b) The village council may require that the sub- t/ subdivision shall have a minimum. right- divider shall perpetually maintain said public ac- of-way width of eighty (80) feet. (See section cess easements by the creation of a trust fund to 36-31(e). bear cost of same or some other such. provision assuming perpetual care. The village council may Sec. 36.23. Fublic sites and open spaces. impose any condition or restriction it .deems in the, public interest upon any public access ease- Where aproposed school site, park, playground ment it may require under this ordinance in- or other public area shown on the adopted village cluding restrictions of improvements placed plan is located in whole or part within the pro- thereon. posed subdivision, such sites shall be indicated on the preliminary plat. As a condition for the ap- proval ofthe preliminary plat, the governing body Sec. 36-25. Subdivision entrances. shall require the dedication to the public of such reasonable portions of such public sites as are at- Areas for subdivision entrances may be per- tributable bythevillage to the demand created by mftted in all subdivisions whether residential, the subdivision. In any event, a minimum of five commercial or industrial. In the event such en- (5) percent of the gross land area of the subdivi- trance areas are authorized, the village council Sion shall be dedicated to public use. At the dis- may require that the subdivider shall perpetually cretion of the village council, the developer may maintain said entrance areas by the creation of a be required to pay in cash an amount equal to the trust fund to bear cost of same or some other such fair market value of the required land, said fair provision assuming perpetual care. The village market value to be appraised on the basis of the council may impose any condition or restriction it value of platted land without improvements. deems in the public interest upon any entrance area it may authorize under this ordinance, in- If the village council elects to require a devel- cluding restrictions of improvements placed oper to pay in cash an amount equal to the fair thereon. Supp. No. 1 2368 APPENDIX C-ZONING § 45-34 or professional office (excluding the 6. Exterior lighting fixtures shall not exceed on-site management office for the twenty-five (25) feet in height; shall be self-storage facility). directed away fiom adjacent properties; (e) A minimum of one thousand (1,000) shall confine light to the site only; and feet separation from property line to shall not exceed when measured at any the closest adjacent property line Property line, the following illumination: shall be required between limited (a) One htmdred (100) foot-canclles within access self-storage facilities. display areas. C. Use and operating restrictions. Every com_ (b) Forty (40) foot-candles within all ar- inercial use located within the C-2 commercial eas. district shall be so operated as to comply with the (c) After 11:00 p.m., the illumination in following performance standards: display areas shall be reduced to fifty (50) foot-candles. 1. No industrial equipment or vehicles shall be sold, leased, rented or otherwise stored 7. No outdoor speakers or public address within the C-2 distt~ct. For proposes herein, systems that are audible from the exterior industrial equipment is defined as equip- of the site shall be permitted. ment used primarily for proposes other g, Customer parking shall be marked with than transportation or hauling. Trucks an above grade sign and shall be physi- other than pickup trucks, vans and jeeps early separated from the vehicle sales, shall be displayed in areas separated from storage and display area. This barrier a public right-of--way by a building. may be in the form of a landscape strip, 2. No vehicle shall be parked for display curbing or removable bollards. purposes with its hood or trunk open, nor 9. The height of buildings, the site area of elevated off the ground in any way. Vehi- buildings, yard spaces, and floor area reg- cles shall not be parked in any right-of- orations in the C-2 zoning district shall be way or driveway. the same as required in the C-1 neighbor- hood commercial district, with the follow- 3. Advertising, flags, pennants, streamers, ing exception: Limited access self-storage balloons, signs or vehicle stock numbers facilities shall be limited to a maximum of shall not be displayed on any vehicle or three (3) stories in height. equipment. Similar objects or advertising designed to attract the public's attention 10. With the following exceptions, off-street shall not be displayed outdoors on any lot, parking regulations shall be the same as building, vehicle or equipment. for the C-1 neighborhood commercial dis- trict: 4. Any areas designated for the off-loading of vehicles or for loading and deliveries (a) Full-service automotive dealerships, shall be located to the rear of buildings Customer and employee parking re- and shall be located so as to contain noise quirements; One (1) space for each on-site. These areas shall not be located five hundred (500) square feet en- closer than one hundred (100) feet from closed floor area, plus one (1) space any residentially-zoned lot and shall be per each four thousand five hundred appropriately designated, marked and (4,500) square feet of outdoor sales signed. display and rental area, plus one (1) space per service bay, plus one (1) 5. Dealers are prohibited from using streets space per employee of the shift of in a residential zone for the testing of largest employment. Parking for ve- vehicles after servicing and for the dem- hide storage, sales or display may onstration of vehicles. not be counted toward meeting the Supp. No. 28 2504.1 § 45-34 NORTI3 PALM BEACH CODE ' ~ ~ number of required off-street park- the repair, cleaning,.. or rental of items ing spaces or to be provided for cus- weighing less than one hundred (100) tourers and employees. pounds. (b) Limited access self-storage facilities, g. Restaurants and other establish- one (1) space for each two hundred menu where food and/or beverages (200) storage units plus five (5) cus- are prepared and served. tomes parking spaces. h. Retail sale of new or antique mer- (Ord. No. 32-97, § 1, 7-10-97; Ord. No. 18-98, § 1, chandise that is displayed indoors 8-13-98; Ord. No. 14-2004, 1-3, 6-8-04) only, whether in freestanding build- ings or in a centrally managed shop- Sec. 45-34.1. C-3 regional business district. ping center or enclosed mall. The C-3 regional business district is designed i. Theaters and other entertainment for the re-use and/or redevelopment of coinmer- facilities including nightclubs, game cial property. It contains special regulations and rooms, bowling alleys, and similar 'i procedures that are integrated with those of the establishments, provided they are Town of Lake Park to avoid conflicts that could fully enclosed and provided such uses otherwise be created by the location of the town/ shall not include adult entertain- village boundary. Within C-3 business districts, ment establishments. ~ the following regulations shall apply: (2) Off-street parking. All proposed land uses (1) Uses per•tnitted. Within the C-3 zoning shall provide a sufficient number of park- district, no building, structure, land, or ing spaces to accommodate the number of water shall be used, unless otherwise per- vehicles that can be expected to be at- mitted by these regulations, except for tracted to that use. Individual land uses any combination of the following pus- can provide at least the number of spaces poses: listed below on the same parcel of land as a. Banks, savings and loans, stockbro- the principal building (or on an adjoining keys, and similar financial institu- parcel under identical ownership) in lieu tions. of using the parking space standards fotmd elsewhere in this Code. However, certain b. Business offices, including medical land uses may require less parking; and and professional services. combinations of land uses may be able to c. Community residential homes, sub- reduce the total number of spaces by ject to the same requirements as sharing those spaces during differing peak apply in the- R-2 zoning district, and hours or because of pedestrian traffic or family day care centers as defined in multi-purpose trips. Modified standards Chapter 402, Florida Statutes. may be approved if fewer spaces will d. Hotels, motels, and time-share units. accommodate the number of vehicles that e. Multiple-family dwellings (each btuld- can be expected to be attracted to that use (or combination of uses) at the proposed ing containing three (3) or more units) location. Such a modification maybe made and customary accessory uses, sub- II on individual parcels of land (or adjoining ject to any limitations on residential parcels under identical ownership) by the II uses in the adopted Comprehensive building official when permitted by con- Plan. senses national codes or standards or ~ f. Personal services typically offered in after submission of persuasive technical conjunction with shopping facilities, evidence (such as publications of the In- such as laundromats, dry cleaners, stitute of Transportation Engineers (ITE)). barber and beauty shops, child care Modifications that involve shared parking facilities, health clubs, and shops for on parcels of land that are not raider Sapp. No. 2s 2504.2 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 App. B, Art. II, 1.01 et seq. 1-2 § 36-8 ch. 22F App. B, Art. II, App. B, Art. II, § 36-10 § 36-15 ch. 39 App. C, § 45-2 App. B, Art. 1V, Ch. 50 2-181 § 36-27 50.041 2-181 ch. 185 2-167 50.051 2-181 185.08 26-16 55.03 29-5(a) 202.195 29-8(m) ch. 98 Ch. 10 203.012 26-51, 29-3 ch. 101 10-7 29-5(b) 112.181 2-161(e)(9) 203.012(5)(b) 26-51 161.55(1)(d) 6-156 ch. 205 Ch. 17, Art. II 161.041 6-153 205.043(2), 161.053 6-154 205.043(3) 17-24, 17-25 162.12(2) 2-180 205.053 17-20 ch. 163 12.5-1 205.192 17-22 21-1 210.03 17-33 21-11 ch. 212 26-53 21-43, 21-44 ch. 252 Ch. 8 App. B, Ai•t. I, 8-4(a)(2) § 36-2, App. B, Art. 252.38 et seq. 8-6 I, § 36-4 253.125 7-19 App. B, Art. II, 280.02 2-4(fl § 36-16 Ch. 316 18-20 App. B, Art. VI 316.008 Ch. 18 163.01 2-4(fl 316.272 19-117 163.161 et seq. 21-O1 316.293 19-117 ch. 163.170, App. B, Art. II, 316.1955, 316.1956 18-37 §163.3164(17) § 36-10 320.01(1) 14-37 163.225(3)(a)~c) 5-86 ch. 327 Ch.5 163.295 6-150 335.065 App. B, Art. 1V, 163.3161 et seq. Ch. 21, Art. II § 36-29.1 163.3177 21-44 337.29 29-2 163.3178 6-155 337.401 29-2, 29-3 21-44 29-5(a), (e) ch. 166 6-16 29-6(a) Ch. 24 337.401(3) 28-3 Ord. No. 2478 § 3 337.403, 337.404 29-7 166.021 Ch. 17, Art. II 342.03 Ch. 5 166.221 17-34 362.01 29-2 166.231 Ch. 26, Art. III 364.02 29-3 ch. 170 21-2 ch. 373 19-200 170.01 Ch. 24 ch. 380 21-44 ch. 175 2-167 App. B, Art. II, 175.101 26-17 § 36-10 ch. 177 App. B, Art. I, 380.04 21-103 § 36-2 393 App. C, § 45-2 Supp. No. 26 2819 NORTH PALM BEACH CODE i Section Section this Code 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 I 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(f7 ch. 847 App. C, § 45-20 870.041 8-21 870.44 8-22 870.45 8-22 872.05 2-104 943.14 2-159 943.25(13) 1-9 I I [The next page is 2869] Supp. No. 26 2820 CODE COMPARATIVE TABLE Ordinance Adoption Section Number 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 G-17 2G-2003 9-25-03 1 19-213 27-2003 9- 9-03 1 5-84(G), (8), (10) 2 Rpld 5-72 28-2003 10- 9-03 1 26-29 2 26-30 3 2G-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 2-2G-04 1 18-20(a) OG-2004 4- 8-04 1-7 Added 2-51-2-57 14-2004 G- 8-04 1 3 App. C, § 45-34 Supp. i`lo. 28 2589 [The next page is 2933] i NORTH PALM BEACH CODE Section Section BOISTEROUS CONDUCT BUILDINGS (Cont`d.) Noisy and boisterous 19-106 Obstructing passageway................. 19-47 Outdoor displays. See herein: Signs and BONDS Outdom• Displays Administrative code; bonds required ofcer- park and recreation facilities; erectingbuild- tain officers 2-42 ings or structures.................. 20-3 Canal construction; surety bond prerequi- public land, construction on prohibited 6-1 site to issuance of building permit... 5-61 public services department; division of per- Finance director, duties re 2-59(7) snits and inspections 2-85(1) Village manager 2-117 Signs and outdoors displays 6-110 et seq. BRUSH. See: WEEDS AND BRUSH See: SIGNS AND BILLBOARDS Smoke, dust, odors, liquids, etc........... 19-9 BUILDINGS Spitting in public places prohibited....... 19-5 Appearance code Stormwater management; level of fulislted Appeals and review 6-35 floor of structures.................. 21-63 Appearance plan 6-33 Subdivision regulations 36-1 et seq. Certificate of appropriateness See: SUBDIVISIONS (Appendix B) Final hearings 6-57 Swimming pools 25-1 et seq. ' Follow-up by building inspector 6-60 See: SWINIMING POOLS Pla~ming commissimt Zoniig regulations 45-1 et seq. Action of 6-58 See: ZONING (Appendix C) Approval by 6-59 Preliminary consideration 6-56 BULKHEAD LINES Definition g-gl Code enforcement board, applicability re.. 2-173 Intent and purposes g_32 Established; designated 7-1 Planning commission, powers and du- Filling operation beyond bulldiead line pro- ties re 6-36 hibited............................ 7-2 Short title 6-30 Filling permit Appearance plan (Appendix A). See that Application fees . 7-19 subject Application; issuance 7-18 Coastal construction code 6-151 et seq. Expiration date; renewal; revocation... 7-20 ~ See: COASTAL CONSTRUCTION CODE Public hearing prerequisite to consider- Code enforcement board, applicability re.. 2-173 ation 7-17 Codes Required . 7-16 Appearance code. See hereii that sub- Unlawfiil fill; removal 7-3 ject BULKHEADS Building code 6-17 Bulkheads and seawalls, construction re- Coastal construction code 6-151 et seq. quirements re 5-69 et seq. Electrical code 11-11, 11-12 See: BOATS, DOCKS AND WATER- Energy efficiency building code 6-150 WAYS Fire prevention code 12-16 et seq. See:. FIRE PREVENTION AND PRO- BUSINESS REGULATIONS TECTION Ambtdances 17-50, 17-51 Housing code 15-1, 15-2 Businesses located outside village limits Country club 9-1 et seq. Application for certificate of regulation. 17-34.2 See: COUNTRY CLUB Certificate of business regulation re- Electrical code 11-11, 11-12 quired; basis of one year 17-34 Energy efficiency builduig code Goimnercial vehicles, marking of 17-34.13 Adopted by reference 6-150 Compliance by pritcipal deemed compli- Flood damage prevention 12.5-1 et seq. ante by agent................... 17-34.8 See: FLOOD DAMAGE PREVENTION Delitquency penalty 17-34.4 Housing code 15-1, 15-2 Doug business not covered by certifi- Landscaping 27-31 et seq. Cate of regulation................ 17.34-7 See: LANDSCAPING Duplicate certificates of regulation..... 17-34.6 NIiiumum construction standards Duration 17-34.3 Authority 6-16 False statements Codes adopted 6-17 Certificate obtained void ab initio 17-34.7 Violations and penalty 6-19 Engaging in business without certifi- NIissiles, throwing 19-83 cate of regulation or under cer- Noise from buildiig 19-102 tificate issued mi.............. 17-34.11 Supp. No. 28 2938 CODE INDEX Section Section DISABLEDAND HANDICAPPED PERSONS ELECTIONS (Cont'dJ Applicability of dog prohibitions to guide General elections, notice of 10-3 and service dogs 4-27(d) Inspectors and clerk Parking violations re handicap spaces 18-37 Appointment 10-58 DISTRICTS Compensation 10-61 Filling vacancy 10-60 Zoning regulations 45-16 et seq. Good order, duty to maintain and report See: ZONING (Appendix C) violations 10-62 DISTURBANCES. See: CIVIL DISORDERS Instruction prior to election 10-64 AND DISTURBANCES Oath required 10-59 Organization 10-63 DOCKS. See: BOATS, DOCKS AND WATER- Polling place WK'S Designated 10-76 DOCUMENTS AND PUBLIC RECORDS Policeman to be present 10-77 Department of records Protest of election returns; inspection by Deputy village clerk canvassing board 10-12 Special elections Appointment 2-68 Duties 2-69 Notice of............................. 10-4 Pillage clerk; duties When held 10-2 State laws Election records, keeping 2-67(5) Applicable state laws adopted 10-1 Expiration of term, notice of 2-67(7) Voting machines may be used; state law Official seal, keeping 2-67(8) applicable 10-7 Record ordinances 2-67(3) Village clerk, duties re keeping election Village council records . 2-67(5) Keep records of council 2-67(2) Village council to constitute canvassing Public council action 2-67(4) board 10-11 Serve as clerk of council 2-67(1) Vital statistics, kee m Voting machines may be used; state law p' g 2-67(6) aPPlicable 10-7 Police division, duties re records 2-76(b)(1) Village clerk and deputy village clerk. See ELECTRICAL CODE herein: Department of Records Amendments, corrections, additions 11-12 DOGS Code enforcement board, applicability re.. 2-173 Regulations enumerated 4-24 et seq. ELECTRONIC AUDIO EQUIPMENT See: ANIMALS AND FOWL Noise control 19-104 DRAINAGE EMERGENCIES Stormwater management 21-61 et seq. Ambulances 17-50, 17-51 See: STORMWATER MANAGEMENT Emergency management 8-1 et seq. Subdivision design standards re easements See: EMERGENCY MANAGEMENT and rights-of--way 36-22(b) Emergency medical services Zoning; surface water management Fees C-3 Regional Business Distinct 45-34.1(8) Billing and collection 11.5-23 DROUGHT Establishment 11.5-22 Generally 11.5-21 Water shortage emergencies 19-200 et seq. Fire division............................ 12-29 et seq. See: WATER SHORTAGE EMERGEN- See: FIRE PREVENTION AND PRO- CIES TECTION Water shortage emergencies 19-200 et seq. E See: WATER SHORTAGE EMERGEN- ELECTIONS CIES Ballots EMERGENCY MANAGEMENT Direction for preparation 10-8 Applicability............................ 8-2 Public measure 10-10 Civil disorders and disturbances Specifications; general and runoff elec- Declaration of a state of emergency.... 8-22 bons 10-9 Mayor designated local authority for pres- Candidacy eivation of public peace.......... 8-21 Candidates for office; qualifying 10-5 Declaration of a state of emergency 8-5 Preservation of notice of candidacy 10-6 Definitions 8-1 Clerks. See herein: Inspectors and Clerk Emergency management structure 8-3 Supp. No. 24 2941 NORTH PALM BEACH CODE Section Section EMERGENCY MANAGEMENT (Cont'dJ FINANCES (Cont'dJ Powers, duties and responsibilities., , 8-4 Investment policy of the village 2-4 Termination of a state of emergency...... 8-6 Pensions and retirement. See also that subject EMPLOYEES. See: OFFICERS AND EM- Length of service award plan for volun- PLOYEES teen firefighters 2-170 et seq. ENCLOSURES. See: FENCES, WALLS, Pension and certain other benefits for HEDGES AND ENCLOSURES fire and police employees 2-159 et seq. Pension and certain other benefits for ENERGY EFFICIENCY BUILDING CODE general employees 2-146 et seq. Adopted by reference 6-150 Planning and development; filing fees and ENGINE EXHAUST cost for changes 21-1, 21-2 Noise control olic 19-108 Social security 2-136 et seq. p y " " " " " " " " " " ' See: SOCIAL SECURITY EROSION CONTROL STRUCTURES Taxation. See that subject Construction regulations 5-93 et seq. Pillage manager 2-118 See: BOATS, DOCKS AND WATER- FINES, FORFEITURES AND OTHER PEN- WAYS ALTIES EXCAVATIONS Code enforcement board; fines and liens 2-178 Bulkhead lines 7-1 et seq. Code of ordinances, provisions re general See: BULKHEAD LINES penalty and continuing violations 1-8 Stormwater management 21-61 et seq. Parking violation 18-37, 18-38 See: STORMWATER MANAGEMENT Pension and certain other benefits for fire Street excavations 24-16 et seq, and police employees See: STREETS, SIDEWALKS AND PUB- Board of trustees for; forfeiture of mem- LIC PLACES bership on board for absenteeism . 2-164(b) Contributions; forfeitures 2-163(d) EXCRETA Dog waste, removal provisions re 4-31, 4-32 FIRE PREVENTION AND PROTECTION Barbecue grills and similar cooking devices 19-10 Code enforcement board, applicability re.. 2-173 F Department of public safety, provisions re FENCES, WALLS, HEDGES AND ENCLO- fire division 2-76(c) SURES See: PUBLIC SAFETY DEPARTMENT Landsca m 27-31 et se Fire division p' g q. See: LANDSCAPING Composition 12-30 Swimming pool requirements 25-5 Created; functions 12-29 Emergency medical technician volun- FINANCES teens 12-32 Budget procedures 2-2 Equipment Country club, provisions re 9-21(d), 9-32 Acquisition 12-52 Court cost Fire alarm system 12-53 Assessment of additional court costs for Generally 12-51 criminal justice education expendi- Housing 12-54 tares 1-9 Private use of equipment........... 12-55 Department of finance Tampering with equipment 12-56 Finance director; duties Impersonating fireman 19-8 Accounts of receipts and expendi- Motor equipment and members' cars des- tures 2-59(8) ignated emergency vehicles 12-31 Budget duties 2-59(2) Personnel Cancellation of evidences of old debt 2-59(9) Badges 12-41 i Collect moneys and fees due village . 2-59(12) Car insignia 12-42 Examine books 2-59(6) Other officers accountable to chief... 12-39 Financial statements 2-59(3) Police assistance................... 12-43 Fiscal supervision over officers...... 2-59(5) Special police powers 12-40 Keep accounts 2-59(4) Volunteer firefighters, length of service Pay village employees 2-59(11) award plan for 2-170 et seq. Prescribe form 2-59(1) See: PENSIONS AND RETIREMENT Receive and disburse moneys 2-59(10) Florida fire prevention code Responsibility for proceeds of bonds . 2-59(7) Adopted by reference 12-16 t, Sapp. No. 24 2942 CODE INDEX Section Section PARKS, PLAYGROUNDSAND RECREATION PENSIONS AND RETIREMENT (ConfdJ (Cont'd.) Direct transfers of eligible rollover dis- Vacancies 20-62(c) tribution........................ 2-170 Restrooms, failure to cooperate in keeping Discharged members 2-169(a) neat or sanitary 20-2 False, misleading statements made to Traffic obtain retirement benefits prohib- Enforcement of traffic regulations 20-5(2) ited 2-169(f) Operation confined to roads........... 20-5(5) Incompetents 2-169(d) Parking areas designated 20-5(6) Insurers, tax on...................... 2-167 Signs 20-5(3) Membership Speed of vehicles 20-5(4) Application for membership 2-160(b) State motor vehicle laws 20-5(1) Buy-back of previous service........ 2-160(d) Trees Changes in designation of beneficiary 2-160(c) Climbing trees, etc 20-4 Conditions of eligibility............. 2-160(a) Use by public only 20-1 Nonassignability 2-169(b) Number and gender 2-169(e) PENALTIES. See: FINES, FORFEITURES Optional forms of benefits 2-162 .AND OTHER PENALTIES Pension validit 2-169(c) y PENSIONS AND RETIREMENT Prior service 2-165 Length of service award plan for volunteer Repeal or termination of plan 2-168 firefighters Tax on insurers 2-167 Benefit formula 2-170.6 Pension and certain other benefits for gen- Contact person . 2-170.10 eral employees Effective date 2-170.3 Benefit amounts and eligibility Eligibility 2-170.4 Direct transfers of eligible rollover Entitlement age 2-170.5 distribution 2-157 Plan, name of 2-170.2 Early retirement................... 2-148(d) Point system 2-170.11 Late retirement.................... 2-148(c) Preretirement death benefit........... 2-170.7 Preretirement death 2-148(e) Purpose 2-170 Retirement benefit................. 2-148(b) Sponsor, name of 2-170.1 Retirement date 2-148(a) Trustee and contact person............ 2-170.10 Termination of employment......... 2-148(f) Vesting provisions, schedule of 2-170.8 Benefit plan no. 2, optional (cost of liv- Village contributions 2-170.9 ing adjustment) 2-158.1 Pension and certain other benefits for fire Benefit plan, optional and police employees Applicability to employees 2-158(a) Benefit amounts Member contributions Cost of living 2-161(8) Amount......................... 2-158(d)(1) Disability retirement 2-161(e) Duration........................ 2-158(d)(2) Early retirement 2-161(b) Guaranteed refund 2-158(d)(4) Formula 2-161(x) Interest......................... 2-158(d)(3) Limitation on 2-161(h) Retirement benefit................. 2-158(c) Normal retirement benefit.......... 2-161(a) Retirement date 2-158(b) Preretirement death 2-161(d) Definitions........................... 2-146 Termination benefits and vesting.... 2-161(f) Discharged members 2-156(a) Board of trustees Incompetents 2-156(d) Bring and defend lawsuits Membership Powers 2-164(e) Application for membership 2-147(b) Composition 2-164(a) Change in designation of beneficiary 2-147(c) Forfeiture of membership on board Conditions of eligibility 2-147(a) for absenteeism 2-164(b) Nonassignability 2-156(b) Meetings 2-164(d) Normal and optional forms of benefits . 2-149 Power and authority 2-166 Pension validity...................... 2-156(c) Reports and records 2-164(c) Repeal or termination of system....... 2-155 Contributions Retirement board • Employer 2-163(c) Additional rules and regulations au- Forfeitures 2-163(d) thorized...................... 2-152 Member 2-163(a) Established........................ 2-151 State 2-163(b) Investing funds; custodian of securi- Definitions 2-159 ties.......................... 2-153 Supp. No. 25 2949 NORTH PALM BEACH CODE Section Section PENSIONS AND RETIREMENT (ConfdJ PLANNING AND DEVELOPMENT (ConfdJ Oaths of office; meetings; quorum 2-154 Regulatory program Social security 2-136 et seq. Exemptions 21-47(b) See: SOCIAL SECURITY Generally 21-47(a) Volunteer firefighters, length of service Public facility adequacy, review to de- award plan for. See herein: Length of termine 21-47(c) Service Award Plan for Volunteer Short title 21-41 Firefighters Filing fees and costs for voluntary annex- . PERMITS. See: LICENSES AND PERMITS anon of land Enactment and authority 21-2(a) 'i PERSON Fees: application 21-2(c) 'i Definitions and rules of construction 1-2 Jurisdiction 21-2(b) Planning commission, advice of........ 21-2(d) I PIERS Stormwater management....... _ 21-61 et seq. Docks and piers, construction require- See: STORMWATER MANAGEMENT ments re 5-81 et seq. Subdivision regulations 36-1 et seq. See: BOATS, DOCKS AND WATER- See: SUBDIVISIONS (Appendix B) WAYS Zoning regulations 45-1 et seq. PLANNING AND DEVELOPMENT See: ZONING (Appendix C) Appearance plan (Appendix A). See that PLANNING COMMISSION subject Composition; conduct generally Archaeological site protection regulations. 21-101 et seq. Created 21-11(a) See: ARCHAEOLOGICAL SITE PRO- Meetings 21-11(c) TECTION Membership 21-11(b) Board of adjustment Powers and duties 21-11(d) Composition; conduct generally Zoning ordinances, changes to 21-12 Administrative orders, review of 21-21(d) Created 21-21(a) PLATS. See: SURVEYS, MAPS AND PLATS Decision of administrative official, ap- PLAYGROUNDS. See: PARKS, PLAY- peals to board from 21-21(e) GROUNDS AND RECREATION Hearing of appeals 21-21(g) Judicial review of decisions of board. 21-21(h) POLICE Membership; terms; alternate; com- Court cost pensation 21-21(b) Assessment of additional court costs for Powers and duties 21-21(c) criminal justice education expendi- Stay of work and proceedings on ap- tares 1-9 peal 21-21(f) Department of public safety, provisions re Comprehensive plan police division 2-76(b) Adoption 21-O1 See: PUBLIC SAFETY DEPARTMENT Filing fees and costs for changes Elections; policemen to be present at poll- Enactment and authority........... 21-1(a) ing place 10-77 Fee; application 21-1(c) Fire division, provisions re police assis- Jurisdiction 21-1(b) tance 12-43 Planning commission, advise of 21-1(d) Impersonating police officer 19-8 Concurrency management Pension and certain other benefits for fire Adequate public facilities available to and police employees 2-159 et seq. service development 21-45 See: PENSIONS AND RETIREMENT Application 21-42 Reserve force Definitions 21-44 Application for membership 23-43 Intent and purpose Compensation 23-50 Comprehensive plan, implementa- Created; purpose 23-42 tion of 21-43(a) Director of public safety, appointment to Management/monitoring and regula- serve by 23-45 tory program, establishment of 21-43(b) Oath required 23-47 Minimum requirements 21-43(c) Powers and duties 23-48 Management and monitoring program Reserve list to be maintained 23-44 Amendments to CIE and annual bud- Resignation 23-46 get, recommendations on 21-46(c) Uniforms and insignia 23-49 Annual public facilities update report 21-46(b) Generally 21-46(a) ~ Sapp. No. 25 2950 i CODE INDEX Section Section TELEPHONES V Alarms; interference with public safety de- VIL LACE partment trunk line prohibited 19-215 Definitions and rules of construction 1-2 TELEVISION Cable television rate regulation 17-1 VILLAGE COUNCIL Compensation 2-16 TENSE Definitions and rules of construction 1-2 Definitions and rules of construction 1-2 Elections; village council to constitute can- THEFT vassing board 10-11 Combat Auto Theft (CAT) 18-19 Meetings Adjournment of all meetings 2-19 TIME Regular meetings Definitions and rules of construction 1-2 Presiding officer 2-18 When held 2-17 TRAFFIC. See: MOTOR VEHICLES AND Rules of procedure. See herein that sub- TRAFFIC ject TRAILERS Rules of procedure Personal recreational use trailers; parking Order of business 2-26 on residential property restricted 18-35 Parliamentary rules 2-27 Village clerk, duties re 2-67 TRASH. See: GARBAGE AND TRASH VILLAGE LOGO TREES AND SHRUBBERY Adoption 1-10(b) Code enforcement board, applicability re.. 2-173 Description 1-10(a) Landscaping 27-31 et seq. Registrtion 1-10(d) See: LANDSCAPING Unlawful practices 1-10(c) Missiles, throwing 19-83 Parks and recreation facilities; climbing VILLAGE MANAGER trees, etc 20-4 Administrative code, provisions re 2-39 et seq. Swale areas, trees in See: ADMINISTRATIVE CODE Definitions 27-16 Bond................................... 2-117 Maintenance 27-20 Budget................................. 2-118 Planting and removal; written approval Budget procedures, duties re 2-2 required 27-17 Removal 2-116 Seope 27-19 Residency 2-115 Variety and location 27-18 VOYEURISM Window peeping prohibited 19-66 U UTILITIES W Flood damage prevention provisions...... 12.5-41(3), (5) WALLS. See: FENCES, WALLS, HEDGES Franchises enumerated. See Appendix D AND ENCLOSURES Street construction work; cost of changing or removal of public utilities 24-4 WATER SHORTAGE EMERGENCIES Subdivision design standards re easements Application 19-201 and rights-of-way 36-22(a) Definitions 19-200 Subdivisions, required improvements re 36-32 Enforcement Telecommunications service tax.......... 26-51 et seq. Emergency power 19-204 See: TAXATION Generally 19-203 Use of rights-of--way for utilities Implementation Code enforcement board, applicability Exemptions 19-202(b) re 2-173 Permanent restrictions 19-202(a) Rules and regulations adopted 28-1 Sanitation, exception to maintain 19-205 Wiztten permit (fianchise) Violations and penalties 19-206 Contents 28-3 Required; term 28-2 WATER SUPPLY AND DISTRIBUTION Stormwater management 21-61 et seq. UTILITY TAX See: STORMWATER MANAGEMENT Collection 26-30 Wellfield protection 19-220, 19-221 Exemption 26-31 Zoning; C-3 Regional Business District Levied; rate 26-29 Surface water management........... 45-34.1(8) Supp. No. 25 2955 NORTH PALM BEACH CODE Section Section WATERWAYS. See: BOATS, DOCKS AND WATERWAYS WEAPONS. See: FIREARMS AND WEAP- ONS WEEDS AND BRUSH Lien ' Recorded statement of removal costs con- stitutes lien; collection 14-83 Notice to destroy 14-80 Owner to bear costs of removal 14-82 Prohibited over certain height 14-79 Removal by village 14-81 WEEK Definitions and rules of construction 1-2 WEIGHTS AND MEASURES Motor vehicle operation; weight limitations on certain roads 18-18 Noise measurement procedure 19-113 WELLFIELD PROTECTION Business activities with potential to con- taminate land and water resources, regulation of 19-221 County wellfield protection ordinance adopted by reference 19-220 WRITTEN, IN WRITING Definitions and rules of construction 1-2 Y t` YARDS AND OPEN SPACES Landscaping 27-31 et seq. See: LANDSCAPING Zoning regulations 45-27 et seq. See: ZONING (Appendix C) YEAR Definitions and rules of construction 1-2 Z ZONING (Generally) Appearance plan (Appendix A). See that subject Code enforcement board, applicability re.. 2-173 Home occupations 17-2(a) et seq. See: HOME OCCUPATIONS Landscaping; conflict with zoning ordi- nance 27-39 I Planning commission; changes to zoning ordinances 21-12 Subdivision regulations 36-1 et seq. See: SUBDIVISIONS (Appendix B) Supp. No. 25 2956 [The next page is 2965] i