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Code of Ordinances Supplement 81SUPPLEMENT NO. 81 September 2022 CODE OF ORDINANCES Village of NORTH PALM BEACH, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 2022-13 adopted Juy 14, 2022. See the Code Comparative Table for further information. Remove Old Pages Insert New Pages Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) SH:5 SH:5 1175, 1176 1175—1176.1 1293, 1294 1293, 1294 1825—1827 1825—1827 2897, 2898 2897, 2898 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. [1] Supp. No. 81 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. Title Page 79 iii 1 v, vi OC vii, viii OC ix OC x.i, x.ii 1 x.iii 1 xi, xii 80 xiii, xiv 80 xv, xvi 80 SH:1, SH:2 63 SH:3, SH:4 77 SH:5 81 1 25 3, 4 25 5, 6 25 7, 8 25 9, 10 29 10.1, 10.2 53 10.3, 10.4 53 10.5, 10.6 53 Page No. Supp. No. 11, 12 61 12.1 61 13, 14 25 15, 16 68 17, 18 68 65 68 77 74 79, 80 OC 81, 82 58 83, 84 74 133, 134 71, Add. 134.1, 134.2 79 135, 136 80 136.1, 136.2 80 136.3 80 137, 138 60 138.1, 138.2 60 138.3, 138.4 68 138.5, 138.6 68 138.7, 138.8 68 138.9, 138.10 68 NORTH PALM BEACH CODE [2] Supp. No. 81 Page No. Supp. No. 139, 140 71, Add. 141, 142 62 142.1, 142.2 62 143, 144 52 145, 146 75 146.1 75 147, 148 47 149, 150 47 151, 152 65 152.1, 152.2 65 152.2.1, 152.2.2 75 153, 154 80 155, 156 80 157, 158 80 159, 160 80 160.1, 160.2 80 160.3, 160.4 80 160.5, 160.6 80 161, 162 46 162.1, 162.2 46 163, 164 73 164.1, 164.2 73 164.3, 164.4 73 165, 166 48 167, 168 48 169, 170 79 211 OC 213, 214 19 263 59 265, 266 59 266.1 59 267, 268 52 269 52 319, 320 79 321, 322 72 322.1 72 323, 324 69 325, 326 69 Page No. Supp. No. 327, 328 79 329, 330 72 331, 332 72 333, 334 72 335, 336 72 336.1 72 337 71 381, 382 75 383, 384 76 384.1 76 385, 386 75 387, 388 75 389, 390 60 391, 392 60 392.1, 392.2 60 392.3, 392.4 60 392.5 60 393, 394 56 395, 396 56 397, 398 56 398.1 56 398.15, 398.16 40 399, 400 53 401 53 453 72 455, 456 72 507 57 509, 510 57 511, 512 57 559 71, Add. 561, 562 71 563 71, Add. 615 36 617, 618 78 671 2 673 24 695 13 697 52 CHECKLIST OF UP-TO-DATE PAGES [3] Supp. No. 81 Page No. Supp. No. 723 52 725, 726 67 727 67 777 66 779, 780 66 781, 782 66 783, 784 66 785, 786 66 787, 788 66 789, 790 66 791, 792 66 793, 794 66 795, 796 66 797, 798 66 799 66 839 OC 889, 890 78 891, 892 78 893, 894 78 895, 896 74 897, 898 74 899, 900 74 901, 902 74 945 67 947, 948 67 949, 950 67 951, 952 67 953, 954 67 955, 956 67 997 71 999 71 1051, 1052 71 1052.1 71 1053, 1054 31 1054.1, 1054.2 31 1054.3, 1054.4 31 1055, 1056 75 1057, 1058 75 Page No. Supp. No. 1058.1 75 1059, 1060 33 1060.1, 1060.2 43 1060.3, 1060.4 43 1060.5 43 1061, 1062 8 1063, 1064 54 1065, 1066 71 1067, 1068 71 1069, 1070 61 1121 OC 1171 79 1173, 1174 65 1175, 1176 81 1176.1 81 1177, 1178 80 1179, 1180 76 1181, 1182 79 1183, 1184 79 1225, 1226 80 1227, 1228 61 1229, 1230 78 1230.1 78 1231, 1232 75 1233, 1234 75 1235 75 1237, 1238 80 1238.1, 1238.2 80 1239, 1240 52 1241, 1242 52 1289 79 1291, 1292 79 1293, 1294 81 1343, 1344 62 1345, 1346 75 1347, 1348 75 1349, 1350 75 1350.1, 1350.2 75 NORTH PALM BEACH CODE [4] Supp. No. 81 Page No. Supp. No. 1351, 1352 33 1353, 1354 33 1355, 1356 33 1356.1 33 1357, 1358 OC 1359, 1360 33 1361, 1362 33 1363, 1364 80 1365, 1366 80 1366.1, 1366.2 80 1366.2.1 80 1366.3, 1366.4 33 1367 5 1411 OC 1463 OC 1465, 1466 52 1517, 1518 71 1519, 1520 64 1520.1, 1520.2 64 1520.3, 1520.4 64 1521, 1522 47 1523, 1524 71 1573 24 1575, 1576 29 1627 9 1629, 1630 27 1631 27 1681, 1682 75 1683, 1684 75 1685, 1686 75 1687, 1688 75 1739 14 1741, 1742 21 1781 65 1783, 1784 65 1785, 1786 65 1787, 1788 65 1789, 1790 65 Page No. Supp. No. 1791, 1792 65 1793, 1794 65 1795, 1796 65 1797, 1798 65 1799 78 1821 78 1823, 1824 78 1825, 1826 81 1827 81 2043 OC 2045, 2046 75 2047, 2048 75 2049, 2050 75 2050.1 75 2051, 2052 OC 2053 OC 2353 OC 2355, 2356 OC 2357, 2358 33 2359, 2360 33 2361, 2362 33 2363, 2364 33 2365, 2366 75 2367, 2368 75 2369, 2370 75 2370.1 75 2371, 2372 OC 2373, 2374 33 2375, 2376 33 2377, 2378 33 2379 67 2479, 2480 80 2481, 2482 80 2483, 2484 80 2485, 2486 80 2487, 2488 80 2488.1 80 2489, 2490 75 CHECKLIST OF UP-TO-DATE PAGES [5] Supp. No. 81 Page No. Supp. No. 2491, 2492 75 2493, 2494 75 2495, 2496 75 2497, 2498 75 2499, 2500 75 2501, 2502 80 2503, 2504 80 2504.1, 2504.2 80 2505, 2506 75 2507, 2508 75 2509, 2510 75 2511, 2512 75 2513, 2514 75 2515, 2516 75 2517, 2518 75 2519, 2520 75 2521, 2522 75 2523, 2524 75 2525, 2526 75 2527, 2528 75 2529, 2530 75 2531, 2532 75 2533, 2534 75 2535, 2536 75 2537, 2538 75 2539, 2540 75 2541, 2542 75 2543, 2544 75 2545, 2546 75 2547, 2548 75 2549, 2550 75 2551, 2552 75 2553, 2554 75 2555, 2556 75 2557, 2558 77 2559, 2560 75 2561, 2562 75 2563, 2564 75 Page No. Supp. No. 2565, 2566 75 2567, 2568 75 2569, 2570 75 2571, 2572 75 2573, 2574 75 2575, 2576 75 2577, 2578 75 2579, 2580 75 2581, 2582 75 2583, 2584 75 2585, 2586 75 2587, 2588 75 2589, 2590 75 2591, 2592 75 2593, 2594 75 2595, 2596 75 2597, 2598 75 2599, 2600 75 2601, 2602 75 2603, 2604 75 2605, 2606 78 2607, 2608 78 2609, 2610 78 2611, 2612 79 2612.1 79 2613, 2614 75 2615, 2616 75 2617, 2618 75 2619, 2620 75 2621, 2622 75 2623, 2624 75 2625, 2626 75 2627, 2628 75 2629, 2630 75 2631, 2632 75 2633, 2634 78 2634.1, 2634.2 78 2634.3, 2634.4 78 NORTH PALM BEACH CODE [6] Supp. No. 81 Page No. Supp. No. 2635, 2636 75 2637, 2638 75 2639, 2640 75 2641, 2642 75 2643, 2644 75 2645, 2646 75 2647, 2648 75 2649, 2650 75 2701 75 2819, 2820 80 2821 80 2869, 2870 OC 2871 OC 2873 OC 2875, 2876 OC 2877, 2878 OC 2879, 2880 OC 2881, 2882 14 2883, 2884 14 2885, 2886 19 2887, 2888 25, Add. 2889, 2890 33 2891, 2892 51 2893, 2894 60 2895, 2896 72 2897, 2898 81 2933, 2934 25 2935, 2936 71, Add. 2937, 2938 79 2939, 2940 79 2941, 2942 80 2943, 2944 79 2945, 2946 79 2947, 2948 80 2948.1 80 2949, 2950 79 2951, 2952 79 2953, 2954 79 Page No. Supp. No. 2955, 2956 78 2956.1 78 2957, 2958 80 2959 80 2961, 2962 75 2963, 2964 75 2965, 2966 80 Ord. No. Date Adopted Included/ Omitted Supp. No. 2021-06 4-22-21 Included 77 2021-07 6-10-21 Included 78 2021-08 7- 8-21 Omitted 78 2021-09 7- 8-21 Included 78 2021-13 9- 8-21 Included 78 2021-14 9- 8-21 Included 78 2021-15 9- 8-21 Included 78 2021-16 9-23-21 Omitted 78 2021-17 9-23-21 Omitted 78 2021-18 9-23-21 Included 78 2021-10 10-28-21 Omitted 79 2021-19 11-18-21 Included 79 2021-20 11-18-21 Included 79 2022-01 1-13-22 Included 79 2022-02 1-13-22 Included 79 2022-03 1-27-22 Included 80 2022-04 3-10-22 Omitted 80 2022-05 4-14-22 Included 80 2022-06 4-14-22 Included 80 2022-07 4-14-22 Included 80 2022-08 4-28-22 Omitted 80 2022-09 4-28-22 Included 80 2022-10 5-12-22 Included 80 2022-11 5-26-22 Included 81 2022-12 7-14-22 Included 81 2022-13 7-14-22 Included 81 SUPPLEMENT HISTORY TABLE SH:5Supp. No. 81 shall have the meanings ascribed to them in this section, except where the context requires otherwise: Boat means any vessel, with or without motor propulsion, commonly used for private recreation activities, designed for travel over water, and for which a trailer is required for transportation over land. The definition of boat shall specifi- cally include a personal watercraft as defined by state statute and shall specifically exclude those vessels not required to be titled with the state pursuant to state statute. Recreational vehicle means any vehicle or portable structure designed primarily to provide temporary living quarters for recreation, camp- ing or travel use, other than a light van; either a vehicular structure mounted on wheels, self- powered or designed to be pulled by another vehicle or a structure designed to be mounted upon and carried by another vehicle. Trailer means a vehicular structure mounted on wheels designed to be pulled by another vehicle. Utility trailer means an enclosed or open trailer intended to be towed, by a motorized vehicle in order to transport cargo and/or provide a product or service at a remote location. (Ord. No. 2016-07, § 2, 9-8-16; Ord. No. 2022-11, § 2, 5-26-22) Sec. 18-34. Parking restricted. (a) Between the hours of 2:00 a.m. and 6:00 a.m. on streets where no curbing is provided, the parking of a vehicle shall not usurp more than twelve (12) inches of the paved portion of the street. (b) No person shall leave any truck, trailer, boat or any vehicle of a similar type parked upon any public street or highway within the village between the hours of 12:30 a.m. and 6:00 a.m. (c) No truck with a payload or carrying capac- ity (truck model rating) in excess of one-ton shall be parked upon a public street or highway inclusive of swale area within the village;provided, however, commercial vehicles making deliveries or pickups or otherwise servicing residential, commercial or industrial property within the village shall have the right, if necessary, to temporarily park in such areas during normal business hours. (d) No truck with a payload or carrying capac- ity (truck model rating) in excess of one-ton shall be parked at any time upon private property within the village unless such truck is being utilized as part of an existing business on the private property; provided, however, commercial vehicles making deliveries or pickups or otherwise servicing residential, commercial or industrial property within the village shall have the right, if necessary to temporarily park upon private property during normal business hours. (e) The following vehicles shall not be parked overnight (from 11:00 p.m. to 7:00 a.m.) in any residential zoning district, unless parked within a fully enclosed garage: (1) Tractor trailers, and semi-trailer trucks; (2) Tow trucks, wreckers or flat bed vehicle carriers; (3) Commercial buses, school buses, or vans accommodating more than sixteen (16) passengers; (4) Dump trucks; (5) Construction equipment and vehicles, including farm tractors, backhoes, front- end loaders, cranes, cement mixers, pitch buckets or similar items; (6) Step vans, panel trucks or other vehicles with rectangular bulk and a payload or carrying capacity in excess of one-ton; (7) Any vehicle used and designed for the commercial sale of food or beverages; (8) More than one (1) taxi, car service vehicle, or limousine; (9) Stretch limousines (i.e., any automobile, sport utility vehicle or van for hire, and of original manufacture or remanufacture, that exceeds a seating capacity of eight (8) persons); (10) Boom or bucket trucks; (11) Swamp buggies and half-tracks; § 18-34MOTOR VEHICLES AND TRAFFIC 1175Supp. No. 81 (12) Tandem wheel pick up trucks (dooley type); and (13) Vehicles that exceed eight (8) feet in height, inclusive of attached equipment and accessories. (f) In addition to the foregoing, vehicles with commercial advertising or markings that occupy more than ten (10) square feet of any given side of the vehicle shall not be parked overnight (from 11:00 p.m. to 7:00 a.m.) in any residential zoning district unless: (1) The vehicle is covered with a fitted vehicle cover specifically manufactured for that purpose; (2) The vehicle is parked within a fully enclosed garage or otherwise screened from view from adjacent properties and rights-of-way; or (3) The vehicle's commercial advertising or markings are completely covered by magnetic signs affixed to the vehicle that have no markings whatsoever and are the same color as the base paint of the vehicle. (g) Utility trailers shall not be parked in any residential zoning district unless parked within a fully enclosed garage or within a rear or side yard of a residential lot within the R-1 or R-2 zoning district, subject to the following require- ments: (1) The utility trailer shall be visually screened from the view of abutting proper- ties and alleyways. Screening shall be in the form of a properly anchored wall, fence or gate (meeting all building code requirements) or a hedge or other living vegetation, each with a minimum opacity of ninety (90) percent. Walls, fences and gates shall be constructed in accordance with section 45-36(d), and the use of chain link fencing with windscreens is prohibited. Hedges or other living vegeta- tion shall be planted in the ground and shall be of sufficient height to screen such equipment. Utility trailers are not required to be screened from the right-of- way providing access to the rear or side yard if such equipment is located behind a gate at least six (6) feet in height and not more than twenty (20) feet wide. (2) Only one (1) utility trailer shall be located on any residential lot, and the height of the trailer is limited to ten (10) feet, as measured from the ground, exclusive of fixed mechanical equipment. (3) Utility trailers shall not be permitted within the parking area or common area of any residential multi-family or mixed- use community unless specifically approved through the site plan and appearance review process. (4) The utility trailer must be owned or exclusively used by the resident of the property upon which it is parked. (5) Utility trailers parked in the side yard shall not project beyond the front build- ing line and utility trailers parked in the rear yard shall be located at least five (5) feet from the rear property line. (6) The utility trailer shall, at all times, be currently registered and licensed as required by state law and shall display a current registration sticker and have attached a current vehicle license plate. (7) When parked on residential property, the utility trailer shall not be used for living or sleeping quarters or for the storage of household goods or any personal property unrelated to the use of the utility trailer for commercial purposes. (8) Any resident who demonstrates that he or she cannot meet the screening or setback requirements for parking a util- ity trailer on a lot within the R-1 or R-2 residential zoning districts may apply for an exemption from such requirements provided that the resident stored the utility trailer on the property on or before March 24, 2022 and the utility trailer is necessary for the commercial livelihood of the resident. The application shall be accompanied by documentation demonstrating the date the resident began storing the utility trailer on the property § 18-34 NORTH PALM BEACH CODE 1176Supp. No. 81 and detailing the use of the utility trailer. The application shall be filed with the community development department, and the department shall review the applica- tion to ensure it is complete and prepare the necessary documentation for review by the planning commission. The plan- ning commission shall approve, approve with conditions or deny the application, and the decision shall be set forth in a written order. The exemption shall not run with the property and a change in residency shall terminate the approval. (Code 1970, §§ 24-70, 39-24; Ord. No. 4-81, § 2, 3-26-81; Ord. No. 07-2005, § 1, 5-26-05; Ord. No. 15-2005, §§ 1, 2, 7-14-05; Ord. No. 2007-19, §§ 2, 7, 12-13-07; Ord. No. 2022-11, § 2, 5-26-22) Editor’s note—Ord. No. 2007-19, § 7, adopted Dec. 13, 2007, stated the following:"This Ordinance shall take effect on June 16, 2008". Sec. 18-34.1. Vehicle, trailer or boat park- ing prohibited upon paved or unpaved area of the road right-of-way of specific roadways. (a) The parking of any vehicle, trailer or boat is hereby prohibited upon the paved or unpaved area of the road right-of-way of those portions of the following described roadways located within the corporate limits of the Village of North Palm Beach, Florida: State Road A-1-A; Prosperity Farms Road; U.S. Highway # 1 (SR #5); Northlake Boulevard; 800 Block of Lighthouse Drive; North side of Lighthouse Drive between Lighthouse Bridge and one hundred (100) feet east of the east right-of-way line of Lagoon Drive; North Anchorage Drive from Eastwind Drive to U.S. #1 (SR #5); South Anchorage Drive and Eastwind Drive adjacent to the North Palm Beach Elementary School property only during the period starting one (1) hour prior to and ending one (1) hour after published school hours inclusive; Southerly most four hundred (400) feet of the westerly road right-of-way of Castlewood Drive adjacent to the First Church of Christ Scientist. (b) From sunrise to sunset, the parking of any vehicle is hereby prohibited upon the paved or unpaved area of the road right-of-way of the following described roadways (or portions thereof) located within the corporate limits of the Village of North Palm Beach, Florida unless said vehicle is operated by a resident of the adjacent property or a guest of a resident of the adjacent property and displays a valid guest pass issued by the village: Lakeside Drive from the southerly right-of- way line of Cruiser Road South south to Atlantic Road; Atlantic Road (east-west portion only); Lakeside Court; Lakeside Circle; and Lighthouse Drive from U.S. Highway One to Lakeside Drive. Notwithstanding the foregoing, residents may continue to park boats and boat trailers and recreational vehicles and trailers in the swales of these roadways on a temporary basis to the extent authorized by sections 18-35 and 18-35.1 of this article. (Ord. No. 8-92, § 1, 6-25-92; Ord. No. 25-93, § 1, 10-14-93; Ord. No. 19-96, § 1, 5-23-96; Ord. No. 9-99, § 1, 2-11-99; Ord. No. 2018-09, § 2, 12-13- 18; Ord. No. 2022-07, § 2, 4-14-22) Editor’s note—Ordinance No. 8-92, adopted June 25, 1992, did not specifically amend this Code; hence, inclusion of § 1 as § 18-34.1 was at the discretion of the editor. § 18-34.1MOTOR VEHICLES AND TRAFFIC 1176.1Supp. No. 81 Sec. 20-23. Permittee's liability for loss or injury. The person to whom a permit is issued under division 2 of this article shall be liable for any loss, damage or injury sustained by any person whatever by reason of the negligence of the person to whom such permit shall have been issued. (Code 1970, § 25-22; Ord. No. 201-69, § 11) Secs. 20-24—20-30. Reserved. DIVISION 2. PERMIT Sec. 20-31. Required. If a meeting, gathering or other assemblage for a common purpose, cause, activity or reason, in any park or recreation area, will involve an attendance of over twenty-five (25) persons and is not a part of a scheduled program or activity either sponsored or officially recognized by the village, or participation or attendance in a sports event at an appropriately designated park area, the person responsible for or in charge of such meeting or gathering shall obtain a permit from the recreation director before participating or engaging in such activity in a park area. (Code 1970, § 25-16; Ord. No. 201-69, § 5; Ord. No. 2022-13, § 2, 7-14-22) Sec. 20-32. Form. The permit required by section 20-31 shall be in such form as may be established by the recreation director. (Code 1970, § 25-17; Ord. No. 201-69, § 6) Sec. 20-33. Application. An application for a permit required by sec- tion 20-31 shall contain the following items: (1) The name and address of the applicant. (2) The name and address of the person, corporation or association sponsoring the activity, if any. (3) The day and hours for which the permit is desired. (4) The park or portion thereof for which such permit is desired. (5) An estimate of the anticipated attendance. (6) Any other information which the recreation director shall find reasonably necessary to a fair determination as to whether a permit should be issued. (Code 1970, § 25-18; Ord. No. 201-69, § 7) Sec. 20-34. Standards for issuance. The recreation director or the village manager shall issue a permit under this division when he finds: (1) That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoy- ment of the park. (2) That the proposed activity or use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation. (3) That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct. (4) That the proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the vil- lage. (5) That the facilities desired have not been reserved for other use at the day and hour required in the application. (Code 1970, § 25-19; Ord. No. 201-69, § 8) Sec. 20-35. Appeal from refusal to issue. (a) Within five (5) days after receipt of an application, the recreation director or village manager shall apprise an applicant, in writing, of his reasons for refusing a permit required by this division. (b) Any aggrieved person shall have the right to appeal, in writing, within five (5) days to the village council, which shall consider the applica- tion under the standards set forth in section 20-34 and sustain or overrule the recreation director's or village manager's decision within seven (7) days. § 20-35PARKS, PLAYGROUNDS AND RECREATION 1293Supp. No. 81 (c) The decision of the village council shall be final. (Code 1970, § 25-20; Ord. No. 201-69, § 9) Sec. 20-36. Revocation. The recreation director may revoke a permit required by this division upon a finding of a violation of any rule, ordinances or provision of this Code, or upon good cause shown. (Code 1970, § 25-23; Ord. No. 201-69, § 12) Secs. 20-37—20-60. Reserved. ARTICLE III. RECREATION ADVISORY BOARD* Sec. 20-61. Created. A recreation advisory board (hereinafter referred to as board) for the village is hereby created. (Ord. No. 2019-01, § 9, 3-14-19) Sec. 20-62. Composition; terms. (a)Composition.The board shall be appointed by the village council and shall consist of seven (7) members. (b)Terms.The village council shall appoint members on an annual basis during April of each year to take effect the following May 1 of each year for staggered terms of two (2) years as determined by the village council. (Ord. No. 2019-01, § 9, 3-14-19) Sec. 20-63. Duties. (a) The board shall serve in an advisory capac- ity to the village council and make recommenda- tions as to present and future recreation activities, planning, recreation programs, capital improve- ments and facilities and other matters relating to the overall recreational activity of the village other than its waterways. The board is not charged with the duty of ascertaining costs or method of implementation of their proposed plans; however, the board should consider the needs of all residents of the village. The board shall have the power to call upon the village manager, or his designee, for information and advice. The board's recommendations to the village council shall be in writing and shall state the basis or reasons for such recommendations. (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. 2019-01, § 9, 3-14-19) *Editor’s note—Ord. No. 2019-01, § 9, adopted March 14, 2019, amended Art. III, §§ 20-61—20-66 in its entirety to read as set out herein. Former Art. III, §§ 20-61—20-66, pertained to similar subject matter and derived from Ord. No. 5-92, §§ 1—6, adopted April 23, 1992; Ord. No. 17-95, §§ 1, 2, adopted June 22, 1995; Ord. No. 27-98, § 1, adopted Dec. 10, 1998; Ord. No. 18-2001, § 4, adopted June 28, 2001; Ord. No. 23-2004, § 1, adopted Aug. 12, 2004. Cross reference—Department of recreation, § 2-110. § 20-35 NORTH PALM BEACH CODE [The next page is 1343] 1294Supp. No. 81 maintains the stormwater management system and otherwise performs the powers and duties described in this chapter. (Ord. No. 2021-09, § 2, 7-8-21) Sec. 30-4. Stormwater management utility established. The Village of North Palm Beach Stormwater Management Utility is hereby established to be a division within the village public works depart- ment. The utility shall be administered by the director of public works or his/her designee. (Ord. No. 2021-09, § 2, 7-8-21) Sec. 30-5. Powers and duties of the storm- water management utility. Subject to the supervision and authority of the village manager and the director, the stormwa- ter management utility shall have the following powers and duties: (1) Prepare plans for improvements to the stormwater management system; (2) Construct, operate and maintain the facili- ties which comprise the stormwater management system located on public property and within public rights-of-way and public easements; (3) Recommend regulations for adoption by the village council for use by the storm- water management utility including provi- sions for enforcement; (4) Review and approve development permits for compliance with stormwater manage- ment system regulations; (5) Enter private property for the purpose of inspecting private stormwater drainage facilities and otherwise enforcing the provisions of this chapter; (6) Evaluate water quality concerns for discharge into the stormwater manage- ment system; and (7) Recommend stormwater management utility assessments and amendments thereto to pay the costs of the stormwa- ter management system services provided by the utility. (Ord. No. 2021-09, § 2, 7-8-21) Sec. 30-6. Stormwater management utility assessments. (a) Stormwater management utility assess- ments are as currently established or as hereafter adopted by resolution of the village council from time to time to pay the costs of the stormwater management services provided by the utility including, but not limited to, administration, planning, design, permitting, construction, maintenance, regulation, inspection, and enforce- ment activities. (b) Stormwater management utility assess- ments shall be based on the cost of providing stormwater management services to types of property uses within the village. The village council may revise the schedule of stormwater rates from time to time to reflect changes in the cost of providing such services. (c) The rates for the stormwater management utility assessments shall be according to the following types of land uses: Type of Land Use Monthly Rate Annual Rate Single-family Residential (Parcel area is less than or equal to 7,079 sq.ft.) (0.61 ERU) x (per ERU rate 1) (0.61 ERU) x (per ERU rate) x 12 Single-family Residential (Parcel area is greater than 7,079 sq.ft. but less than 15,475 sq.ft.) (0.97 ERU) x (per ERU rate 1) (0.97 ERU) x (per ERU rate) x 12 Single-family Residential (Parcel area is equal to or greater than 15,475 sq.ft.) (1.53 ERU) x (per ERU rate 1) (1.53 ERU) x (per ERU rate) x 12 Condominium (0.22 ERU per residential unit) x (per ERU rate) (0.22 ERU per residential unit) x (per ERU rate) x 12 Multifamily Residential (1.00 ERU) x (parcel IA / 5,550 sq.ft.) x (per ERU rate) (1.00 ERU) x (parcel IA / 5,550 sq.ft.) x (per ERU rate) x 12 § 30-6STORMWATER MANAGEMENT UTILITY 1825Supp. No. 81 Type of Land Use Monthly Rate Annual Rate Nonresidential (1.00 ERU) x (parcel IA / 5,550 sq.ft.) x (per ERU rate) (1.00 ERU) x (parcel IA / 5,550 sq.ft.) x (per ERU rate) x 12 1The ERU rate shall be established by separate resolution. (d) Stormwater management assessments shall apply to all properties within the village that are benefited by the stormwater utility including those properties which are owned or occupied by a nonexempt governmental or nonprofit entity which are otherwise tax-exempt for ad valorem tax purposes. Public right-of-way and bodies of water are exempt from the application of storm- water management utility assessments. Public schools are exempt from stormwater manage- ment utility assessments pursuant to ruling of the Circuit Court for the Fifteenth Judicial Circuit (Palm Beach County) in the case of The School Board of Palm Beach County v. City of West Palm Beach. (Ord. No. 2021-09, § 2, 7-8-21; Ord. No. 2022-12, § 2, 7-14-22) Sec. 30-7. Private drainage facilities; stormwater management assess- ment credits. (a) The owner of real property is responsible for providing and maintaining stormwater drain- age facilities to collect and dispose of stormwater on site in compliance with local law. It shall be unlawful for any person to alter privately owned stormwater drainage facilities without the prior approval of the director or other agencies having jurisdiction. No changes shall be permitted by the director which would adversely affect the stormwater management system around the property. (b) The director may establish a stormwater utility credit program under which a property subject to the stormwater management utility assessment shall receive a credit for investments that reduce stormwater runoff impacts to the village's stormwater management system. The director may establish credit eligibility require- ments including the stormwater management utility assessment reduction criteria. (Ord. No. 2021-09, § 2, 7-8-21) Sec. 30-8. Stormwater management utility assessment billings. (a) Stormwater management utility assess- ments shall be levied on the Palm Beach County tax bill as a non-ad valorem assessment. (b) The owner of a property is ultimately responsible for all assessments imposed under this chapter. (Ord. No. 2021-09, § 2, 7-8-21) Sec. 30-9. Stormwater management utility fund. A stormwater management utility fund is hereby established into which all revenues from the stormwater management utility assess- ments, grants, and other funding sources shall be deposited and from which expenditures relat- ing to the stormwater management system shall be paid. (Ord. No. 2021-09, § 2, 7-8-21) Sec. 30-10. Appeals. Any user who believes that a stormwater management utility assessment has been computed incorrectly may appeal in writing to the director for a correction. The decision of the director may be appealed to the village manager. The decision of the village manager shall be final. (Ord. No. 2021-09, § 2, 7-8-21) Sec. 30-11. Delinquent charge; liens. Stormwater management utility assessments collected as non-ad valorem assessments via the tax bill shall be subject to all collection provi- sions of F.S. ch. 197, including provisions relat- ing to discount for early payment, prepayment by installment method, deferred payment, penalty for delinquent payment, and issuance and sale of tax certificates and tax deeds for nonpayment. (Ord. No. 2021-09, § 2, 7-8-21) Sec. 30-12. Flooding; liability. (a) Floods from stormwater runoff may occur which exceed the capacity of the stormwater management system. Nothing in this chapter shall be deemed to mean that property subject to § 30-6 NORTH PALM BEACH CODE 1826Supp. No. 81 the stormwater management utility assess- ments established hereby will always be free from stormwater flooding and flood damage. (b) Nothing in this chapter shall be deemed to create any liability on the part of, or create a cause of action against, the village, or any official or employee thereof, for any flood damage that results from the runoff of floods or storms which cannot be accommodated by the stormwater management system. (Ord. No. 2021-09, § 2, 7-8-21) § 30-12STORMWATER MANAGEMENT UTILITY [The next page is 2043] 1827Supp. No. 81 Ord. No. Adoption Date Section Section this Code 3 5-69—5-71 Added 5-72 5-73 5-81—5-86 4 Rpld 7-1 Rnbd 7-2 as 7-1 Rnbd 7-3 as 7-2 7-16—7-20 2019-08 8- 8-19 2 App. C, §§ 45-24, 45-25 2019-11 10-24-19 2 2-159(b) 2-161(a) 2-163(a) Added 2-170.1—2-170.3 3 Rnbd 2-170.01—2-170.15 as 2-170.5—2-170.20 2020-02 7- 9-20 2 14-81, 14-82 3 Added 14-91—14-102 2020-04 8-13-20 2 Added 1-11 2020-06 9-24-20 2 6-1 6-35, 6-36 6-56—6-60 3 17-3(a) 4 19-99 5 21-3 5 21-11, 21-12 6 Rpld 27-31—27-41 27-59—27-67 27-18(b) 7 App. A, § I App. A, §§ III, IV 8 36-18—36-19 36-29 9 App. C, § 45-2 10 App. C, § 45-4 11—13 App. C, § 45-16—45- 16.2 14 App. C, § 45-19 15 App. C, § 45-31 16 Rpld App. C, § 45-31.1 17 Rpld App. C, § 45-32 18 App. C, § 45-32.1 19, 20 App. C, § 45-33, 45-34 21—24 App. C, § 45-35.1— 45-36 25 App. C, § 45-38 26 App. C, § 45-49, 45-50 Added App. C, § 45-51 27 App. C, § 45-60— 45-62 App. C, § 45-64, 45-65 CODE COMPARATIVE TABLE 2897Supp. No. 81 Ord. No. Adoption Date Section Section this Code 28 Added App. C, §§ 45-81— 45-94 29 App. C, § 45-20, 45-21 45-34.1 45-35.2 App. C, § 45-36 App. C, § 45-90 2020-21 11-12-20 2 Added 20-10 2020-22 12-10-20 2 2-146.1 2-156(h) 2021-01 1-14-21 2, 3 18-35, 18-35.1 2021-02 1-28-21 2 6-17 2021-05 3-25-21 2 10-5(a) 2021-06 4-22-21 2 Added 18-45, 18-46 2021-07 6-10-21 2 Added 19-13 2021-09 7- 8-21 2 Added 30-1—30-12 2021-13 9- 8-21 2 10-5(a) 2021-14 9- 8-21 2 Added App, C, § 45-40 2021-15 9- 8-21 2 App. C, § 45-36 R.(2)c. 2021-18 9-23-21 2 Rpld 14-26—14-29 Rnbd 14-30, 14-31 as 14-26, 14-27 14-26(2), (3) 14-27(b)(1), (c), (d)(2), (3) 2021-19 11-18-21 2 Rpld 2-251—2-256 Added 2-251—2-257 2021-20 11-18-21 2 Added 20-11 2022-01 1-13-22 2 App. C, § 45-2 3 Added App. C, § 45-36 V. 2022-02 1-13-22 2 Rpld 18-36—18-38 Added 18-36—18-39 3 Rpld 5-38 2022-03 1-27-22 2 2-1(f)(7) Rpld 2-1(f)(8) 2022-05 4-14-22 2 Rpld 19-200—19-206 Rpld 19-200—19-204 2022-06 4-14-22 2 2-159(b) 2-161(a)(1) 2-163(a)(1) 2022-07 4-14-22 2 18-34.1(b) 2022-09 4-28-22 2 Added 21-70(a)(8) 21-70(c) 2 App. C, § 45-2 3 App. C, § 45-27 B. Added App. C, § 45-27 H., I. 2022-10 5-12-22 2 App. C, § 45-2 2022-11 5-26-22 2 18-33 Added 18-34(g) 2022-12 7-14-22 2 30-6(c) 2022-13 7-14-22 2 20-31 NORTH PALM BEACH CODE [The next page is 2933] 2898Supp. No. 81