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Code of Ordinances Supplement 47 SUPPLEMENT NO. 47 June 2010 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. 2010-07, adopted May 27, 2010. See the Code Comparative Table for further information. Remove old pages Insert new pages xi, xii xi, xii xv, xvi xv, xvi Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 144.1-152 145-152.6 1521-1523 1521-1523 2819, 2820 2819, 2820 2891, 2892 2891, 2892 2949-2952.1 2949-2952.1 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576-3171 1-800-262-CODE Website: www.municode.com TABLE OF CONTENTS Page Officials of the Village iii Preface v Adopting Ordinance vii Readopting Ordinance x.i Checklist of Up-to-Date Pages [1] PART I CHARTER Charter 1 Art. I. Corporate Name 3 Art. I.A. Vision Statement 3 Art. II. Territorial Boundaries 3 Art. III. Legislative 10.2 Art. IV. Administrative 15 Art. V. Qualifications and Elections 17 Art. VI. Transition Schedule 18 Charter Comparative Table 65 PART II CODE OF ORDINANCES Chapter 1. General Provisions 77 2. Administration 133 Art. I. In General 135 Art. II. Council 137 Div. 1. Generally 137 Div. 2. Rules of Procedure 138 Art. III. Administrative Code 138.1 Div. 1. Generally 138.1 Div. 2. Audit Committee 139 Div. 3. Department of Finance 140 Div. 4. Department of Records 140.1 Div. 5. Department of Public Safety 141 Div. 6. Department of Public Works 142 Div. 7. Department of Library 142 Div. 8. Department of Country Club 142 Div. 9. Department of Recreation 142 Div. 10. Department of Community Development . 142.1 Art. IV. Manager 142.1 Art. V. Pensions and Retirement Systems 143 Div. 1. Generally 143 Supp. No. 47 ~ NOR'PH PALM BEACH CODE Chapter Page Div. 2. Social Security 143 Div. 3. Pension and Certain Other Benefits for Gen- eral Employees 145 Div. 4. Pension and Certain Other Benefits for Fire and Police Employees 152.5 Div. 5. Length of Service Award Plan for Volunteer Firefighters 161 Div. 6. ICMA Defined Contribution Pension Plan.. 163 Art. VI. Code Enforcement Board 163 Art. VII. Alternate Method of Code Enforcement...... 169 3. Alcoholic Beverages 211 4. Animals and Fowl 263 Art. I. In General 265 Art. II. Dogs and Cats 266 Art. III. Rabies Control 269 5. Boats, Docks and Waterways 319 Art. I. In General 321 Art. II. Boat Launching Area 325 Art. III. Construction Requirements 326 Div. 1. Generally 326 Div. 2. Canals 326 Div. 3. Bulkheads and Seawalls 327 Div. 4. Docks and Piers 328 Div. 5. Erosion Control Structures 333 Art. IV Marine Sanctuaries 333 Art. V Waterways Board 334 6. Buildings and Building Regulations 381 Art. I. In General 383 Art. II. Minimum Construction Standards 383 Art. III. Appearance Code 384 Div. 1. Generally 384 Div. 2. Reserved 398.3 Div. 3. Certificate of Appropriateness 398.3 Art. IV Reserved 398.5 Art. V Signs and Outdoor Displays 398.5 Art. VI. Energy Efficiency Building Code 398.18 Art. VII. Coastal Construction Code 398.18 7. Bulkhead Lines 453 Art. I. In General 455 Art. II. Filling Permit 455 8. Emergency Management 507 Art. I. In General 509 Art. II. Civil Disorders and Disturbances 510 9. Country Club 559 Art. I. In General 561 Supp. No. 47 Xjj 'FABLE OF CONPENPS Contd. Chapter Page Art. III. Sidewalks and Driveways 1520 Div. 1. Generally 1520 Div. 2. Permits 1523 25. Swimming Pools 1573 Art. I. In General 1575 Art. II. Reserved 1575 Art. III. Reserved 1576 26. Taxation 1627 Art. I. In General 1629 Art. II. Insurance Excise Taxes 1629 Art. III. Utility Tax 1629 Art. IV. Telecommunications Service Tax 1630 27. Trees and Shrubbery 1681 Art. I. In General 1683 Art. II. Trees in Swale Areas 1683 Art. III. Landscaping 1684 Div. 1. Generally 1684 Div. 2. Reserved 1686 Div. 3. Requirements for Certain Yard Areas, Off- Street Parking and Other Vehicular Use Areas 1686 28. Use of Rights-Of--Way for Utilities 1739 29. Telecommunications 1781 Appendices A. Appearance Plan 2043 B. Subdivisions 2353 Art. I. In General 2355 Art. II. Procedures for Subdivision Plat Approval 2358 Art. III. Design Standards 2365 Art. IV. Required Improvements 2368.1 Art. V. Enforcement Provisions 2372 Art. VI. Amendments 2378 Art. VII. Legal Status 2379 C. Zoning 2479 Art. I. In General 2481 Art. II. Generally 2485 Art. III. District Regulations 2486.6 Arts. IV, V. Reserved 2515 Art. VI. Amendments-Fees; Waiting Periods......... 2515 Art. VII. Nonconforming Uses of Land and Structures. 2516 D. Franchises 2619 Statutory Reference Table 2819 Code Comparative Table-1970 Code 2869 Supp. No. 47 XV NOR'PH PALM BEACH CODE Page Code Comparative Table-Laws of Florida 2873 Code Comparative Table-Ordinances 2875 Charter Index 2933 Code Index 2935 Supp. No. 47 XVi Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on apage-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page 1 77 OC iii 1 79, 80 OC v, vi OC 81, 82 25 vii, viii OC 83 25 ix OC 133 44 x.i, x.ii 1 134.1, 134.2 34 x.iii 1 134.3, 134.4 39 xi, xii 47 134.5, 134.6 39 xii, xiv 46 135, 136 39 xv, xvi 47 137, 138 39 1 25 138.1, 138.2 33 3, 4 25 138.3 30 5, 6 25 139, 140 34 7, 8 25 140.1, 140.2 28 9, 10 29 141, 142 33 10.1, 10.2 38 142.1 33 10.3 38 143, 144 31 11, 12 25 145, 146 47 13, 14 25 147, 148 47 15, 16 33 149, 150 47 16.1 33 151, 152 47 17, 18 25 152.1, 152.2 47 19 25 152.3, 152.4 47 65 38 152.5, 152.6 47 Supp. No. 47 [1] NOR"I'H PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 153, 154 46 453 OC 155, 156 46 455, 456 22 157, 158 46 507 22 159, 160 46 509, 510 33 161, 162 46 511 22 162.1, 162.2 46 559 36 162.3, 162.4 46 561, 562 40 163, 164 36 563 40 164.1 36 615 36 165, 166 25 617, 618 36 167, 168 25 671 2 169, 170 44 673 24 211 OC 695 13 213, 214 19 697 13 263 OC 723 24 265, 266 OC 725, 726 44 267, 268 42 727, 728 5 269 42 729 5 319 29 777 OC 321, 322 46 779, 780 OC 323, 324 46 781, 782 OC 325, 326 46 783, 784 OC 326.1 46 785, 786 OC 327, 328 27 787, 788 OC 329, 330 36 789 OC 331, 332 36 839 OC 333, 334 45 889 39 335 45 891, 892 40 381 23 892.1, 892.2 40 383, 384 33 893, 894 43 385 24 945 41 398.3, 398.4 7 947, 948 41 398.5, 398.6 45 949, 950 41 398.6.1 45 951 41 398.7, 398.8 40 997 OC 398.9, 398.10 46 999, 1000 22 398.11, 398.12 40 1051 33 398.13, 398.14 40 1053, 1054 31 398.15, 398.16 40 1054.1, 1054.2 31 398.16.1 40 1054.3, 1054.4 31 398.17, 398.18 33 1055, 1056 36 399, 400 OC 1057, 1058 33 401, 402 OC 1059, 1060 33 403 OC 1060.1, 1060.2 43 Supp. No. 47 [2] CHECKLIS"I' OF UP-"I'O-DA"I'E PAGES Page No. Supp. No. Page No. Supp. No. 1060.3, 1060.4 43 1517 OC 1060.5 43 1519, 1520 OC 1061, 1062 8 1521, 1522 47 1063,1064 8 1523 47 1121 OC 1573 24 1171 OC 1575, 1576 29 1173,1174 28 1627 9 1175, 1176 36 1629, 1630 27 1177 36 1631 27 1225 31 1681 OC 1227, 1228 37 1683, 1684 33 1228.1 37 1684.1, 1684.2 24 1229, 1230 21 1685, 1686 OC 1231, 1232 21 1687, 1688 17 1233, 1234 33 1689, 1690 17 1235,1236 30 1739 14 1236.1 30 1741, 1742 21 1237,1238 16 1781 21 1239, 1240 33 1783, 1784 21 1241, 1242 33 1785, 1786 33 1289 3 1787,1788 33 1291, 1292 OC 1788.1 33 1293, 1294 29 1789, 1790 21 1295 29 1791,1792 21 1343 4 1793,1794 21 1345, 1346 45 1795, 1796 21 1347, 1348 45 2043 OC 1349, 1350 45 2045, 2046 33 1350.1, 1350.2 45 2046.1 25 1351, 1352 33 2047, 2048 OC 1353, 1354 33 2049, 2050 OC 1355, 1356 33 2051, 2052 OC 1356.1 33 2053 OC 1357, 1358 OC 2353 OC 1359, 1360 33 2355, 2356 OC 1361, 1362 33 2357, 2358 33 1363, 1364 33 2359, 2360 33 1365, 1366 33 2361, 2362 33 1366.1, 1366.2 33 2363, 2364 33 1366.3, 1366.4 33 2364.1 33 1367 5 2365, 2366 OC 1411 OC 2367, 2368 37 1463 OC 2368.1 37 1465, 1466 OC 2369, 2370 OC Supp. No. 47 [3] NOR"I'H PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 2371, 2372 OC 2510.27, 2510.28 25, Add. 2373, 2374 33 2510.29, 2510.30 25, Add. 2375, 2376 33 2510.31, 2510.32 25, Add. 2377, 2378 33 2510.33, 2510.34 25, Add. 2379 33 2510.35, 2510.36 25, Add. 2479 9 2510.37, 2510.38 25, Add. 2481, 2482 41 2510.39, 2510.40 25, Add. 2483, 2484 41 2510.41, 2510.42 25, Add. 2485, 2486 41 2510.43, 2510.44 25, Add. 2486.1, 2486.2 41 2510.45, 2510.46 25, Add. 2486.3, 2486.4 41 2510.47, 2510.48 25, Add. 2486.5, 2486.6 41 2510.49, 2510.50 25, Add. 2486.7, 2486.8 41 2510.51, 2510.52 25, Add. 2486.9, 2486.10 41 2510.53, 2510.54 25, Add. 2487, 2488 OC 2510.55, 2510.56 25, Add. 2488.1, 2488.2 18 2510.57, 2510.58 25, Add. 2489, 2490 18 2511, 2512 30 2491, 2492 18 2512.1, 2512.2 23 2493, 2494 18 2512.3, 2512.4 33 2495, 2496 18 2512.5, 2512.6 33 2497, 2498 32 2512.7 33 2499, 2500 32 2513, 2514 OC 2500.1 32 2515, 2516 45 2501, 2502 25 2516.1 45 2503, 2504 28 2517, 2518 22 2504.1, 2504.2 29 2619 38 2504.3 28 2819, 2820 47 2505, 2506 10 2869, 2870 OC 2507, 2508 13 2871 OC 2509, 2510 32 2873 OC 2510.1, 2510.2 45 2875, 2876 OC 2510.2.1 45 2877, 2878 OC 2510.3, 2510.4 25, Add. 2879, 2880 OC 2510.5, 2510.6 25, Add. 2881, 2882 14 2510.7, 2510.8 25, Add. 2883, 2884 14 2510.9, 2510.10 25, Add. 2885, 2886 19 2510.11, 2510.12 25, Add. 2887, 2888 25, Add. 2510.13, 2510.14 25, Add. 2889, 2890 33 2510.15, 2510.16 25, Add. 2891, 2892 47 2510.17, 2510.18 25, Add. 2933, 2934 25 2510.19, 2510.20 25, Add. 2935, 2936 44 2510.21, 2510.22 25, Add. 2936.1 44 2510.23, 2510.24 25, Add. 2937, 2938 46 2510.25, 2510.26 25, Add. 2939, 2940 44 Supp. No. 47 [4] CHECKLIS"I' OF UP-"I'O-DA"I'E PAGES Page No. Supp. No. 2940.1 44 2941, 2942 36 2943, 2944 46 2945, 2946 46 2947, 2948 45 2949, 2950 47 2951, 2952 47 2952.1 47 2953, 2954 36 2955, 2956 39 2957, 2958 36 2959, 2960 45 Supp. No. 47 [5] ADMINIS'PRA'PION § 2-146 DIVISION 3. PENSION AND CERTAIN Board means the board of retirement, which OTHER BENEFITS FOR GENERAL shall administer and manage the system herein EMPLOYEES* provided and serve as trustees of the fund. Sec. 2-146. Definitions. Code means the Internal Revenue Code of 1986, as amended. As used herein, unless otherwise defined or required by the context, the following words and Credited service means the total number of phrases shall have the meaning indicated: years and fractional parts of years of actual service with the Village. This definition shall also Accrued benefit is the benefit earned to date apply to an employee whose employment is ter- using the normal retirement benefit. urinated with the Village and who recommences full-time employment within two (2) years from Actuarial equivalence or actuarially equivalent the date of termination. The years or fractional means that any benefit payable under the terms parts of years that an Employee serves in the of this plan in a form other than the normal form military service of the Armed Forces of the United of benefit shall have the same actuarial present States or the United States Merchant Marine, value on the date payment commences as the voluntarily or involuntarily, upon being granted normal form of benefit. For purposes of establish- leave by the Village and separation from employ- ing the actuarial present value of any form of ment as a Village Fund Member, shall be added to payment, all future payments shall be discounted his/her years of credited service provided that: for interest and mortality by eight (8) percent interest and the 1983 group annuity mortality (1) The Member returns to his/her full time table for males with ages set ahead five (5) years employment with the Village within one in the case of disability retirees. (1) year from the date of his/her military discharge. Effective January 1, 2007, Mem- Agreement means the written ordinance from tiers who die or become disabled while which this division derived setting forth the serving on active duty military service provisions of the retirement system. which intervenes the Member's employ- ment shall be entitled to the rights of this Assumed rate of return means the assumed section even though such Member was rate of return for calculation of annual pension not re-employed by the Village. Members costs shall be eight (8) percent fixed. who die or become disabled while on ac- tive duty military service shall be treated Beneficiary means the person or persons enti- as though re-employed the day before the tied to receive benefits hereunder and who has or Member became disabled or died, was have been designated as such in writing by the credited with the service they would have Member and filed with the board. If no such been entitled to under this section, and designation is in effect at the time of death of the then either died anon-duty death while Member, or if no such person so designated is employed or became disabled from a non- living at that time, the beneficiary shall be the duty disability. estate of the Member. (2) The General Employee deposits into the *Editor's note-Section 13 of Ord. No. 1-83, adopted Jan. Fund the same sum that the Member 13, 1983, repealed ord. No. 10-82, adopted June 10, 1982, would have contributed if he/she had re- from which ordinance 2-146 2-156 formerly derived. At mained a General Employee in accor- the discretion of the editor, 1 11 of Ord. No. 1-83 have been dance with Code SectlOn 414(u) effective codified as herein set out in 2-146 2-156. All funds and assets from the former system, as set out by Ord. No. 10-82, December 12, 1994' are transferred to this system, as set out by Ord. No. 1-83, and all rights and benefits of members in that system will be (3) The maximum credit for military service credited to and maintained by this fund. Shall be flue ~J~ yearS. Supp. No. 47 145 § 2-146 NOR'PH PALM BEACH CODE (4) Leave for such active duty military ser- Village means the Village of North Palm Beach. vice shall not be considered a break in (Ord. No. 1-83, § 1, 1-13-83; Ord. No. 13-83, § 1, service provided a Member returns to 9-8-83; Ord. No. 36-90, § 1, 10-25-90; Ord. No. employment as provided for in subsection 9-94, § 1, 6-9-94; Ord. No. 12-96, § 1, 3-28-96; Ord. (1). No. 25-2005, 1, 2, 9-8-05; Ord. No. 27-2005, 1, 2, 9-29-05; Ord. No. 2010-07, § 2, 5-27-10) Eorrtirtgs means gross salary (including over- Cross reference-Definitions and rules of construction time), but excluding bonuses or any other generally, § 1-2. nonregular payments such as unused sick leave and vacation time pay. Effective for payments made after December 31, 2008, as provided for by Sec. 2-146.1. Creation of plan and trust. Internal Revenue Code Section 414(u)(7), the def- inition of salary shall include any differential There is hereby created a trust fund for the wage payment from the employer to a Member as General Employees of the Village of North Palm a result of the Member's absence from employ- Beach, Florida, to be known as the Village of ment while serving in qualified military service. North Palm Beach General Retirement Fund. All assets of every description held for the benefit of Effective date means the date on which this the general employees retirement shall continue division becomes effective [January 13, 1983] . to be held in this trust and shall be administered Plan year is from October 1 to September 30. as set forth in this Division 3 of Chapter 2 of the Village of North Palm Beach Code of Ordinances. Employee shall mean any actively employed This System is intended to be a tax qualified plan full-time general employees of the Village, except under Code Section 401(a) and meet the require- firefighters and police officers . menu of a governmental plan as defined in Code Final average earnings means one-sixtieth of Section 414(d). the earnings of a Member during the five (5) years (Ord. No. 2010-07, § 3, 5-27-10) of his or her employment within the last ten (10) years of employment, which is greater than the Sec. 2-147. Membership. total during any other five (5) years during the ten-year period; provided that if a Member shall (a) Conditions of eligibility. All employees as of have been employed for fewer than five (5) years, the effective date and all future new employees such average shall be taken over the period of his who choose to participate, except employees of the or her actual employment. fire department and police department who are Fund means the trust fund established herein members of the Fire and Police Retirement Fund, as part of the system. shall become Members of this system as a condi- tion of employment. Effective for employees hired Member means an actively employed full-time after October 1, 2006, employees may choose to employee who fulfills the prescribed participation participate in this plan or the Village's defined requirements and makes contributions if required contribution plan. Employees have thirty (30) by subsection 2-150(b). days from date of hire to elect which plan to join. Within thirty (30) days after the passage of this Plan means this Ordinance setting forth the ordinance allowing the change, employees who retirement benefits. elected to participate in the defined contribution Spouse means the lawful wife or husband of a plan will have a one time opportunity to elect to Member at the time of preretirement death or change back to the defined benefit plan. Members retirement. who elect to re-enroll in the defined benefit plan shall be required to make contributions as re- System means the Village of North Palm Beach quired by the terms of the plan, including contri- general retirement fund as contained herein and butions for the time the Member participated in all amendments thereto. the defined contribution plan. Members shall be Supp. No. 47 146 ADMINIS'PRA'PION § 2-148 permitted to roll over the accumulated defined the month coincident with, or next contribution balance to defray the cost of the following, attainment of his or her required contributions. sixty-fifth birthday. (b) Application for membership. Each current b. For Members hired after March 23, and future eligible employee shall complete an 1995, a Member's normal retirement application form covering items set forth below, date shall be the first day of the and provide other information, as may be pre- month coincident with, or next fol- scribed by the Board. lowing, attainment of his or her sixty- fifth birthday and the completion of (1) Acceptance of the terms and conditions of nine (9) full years of credited service the retirement system. with the Village. (2) Designation of a beneficiary or beneficia- c. For Members hired after March 28, ries. 1996, and any then active existing (3) A certified statement as to prior medical employees on March 28, 1996 who history. elect in writing, a Member's normal retirement date shall be the first day (4) A written release allowing distribution of of the month coincident with, or next all medical records to the board. following, attainment of his or her For the purposes of all benefits hereunder, an sixtieth birthday and the completion application for membership shall be considered to of nine (9) full years of credited ser- havebeen in effect from date of employment, even vice with the Village. though officially accepted and approved by the (2) Retirement date in general. Board at a later date. Failure to complete an a. A Member may retire on his or her application within thirty (30) days of employment applicable normal retirement date and written notice of this agreement shall consti- or on the first day of any month tute a deliberate choice to be excluded from the thereafter, and each Member shall system and to participate in the defined contribu- become one hundred (100) percent tion system. vested in his or her accrued benefit (c) Change in designation ofbeneficiary. A Mem- on his or her normal retirement date. ber may, from time to time, change his designated b. Employees who are vested and eligi- beneficiary without approval by the board of ble to retire shall have the right to trustees or previous beneficiary by written notice file a written election to be consid- to the board upon forms provided by the board. ered retired on the day before death Upon such change, the rights of all previously if such employee should die prior to designated beneficiaries to receive any benefits retirement. If an employee who is under the system shall cease. vested and eligible to retire dies prior (Ord. No. 1-83, § 2, 1-13-83; Ord. No. 2010-07, § 4, to retirement without making the 5-27-10) foregoing election, the election can be made by the employee's benefi- Sec. 2-148. Benefit amounts and eligibility. ciary previously designated in the Village records. (a) Retirement date. (b) Retirement bene fit. A Member retiring here- (1) A Member's normal retirement date shall under on or after his normal retirement date shall be as follows: receive a monthly benefit which shall commence a. For Members who were employed as on his retirement date and be continued thereaf- general employees on or before March ter during his lifetime, ceasing upon death. 23, 1995, a Member's normal retire- (1) For Members hired on or before March 28, ment date shall be the first day of 1996, who did not elect the optional re- Supp. No. 47 147 § 2-148 NOR'PH PALM BEACH CODE tirement benefit, and did not contribute to (2) Early retirement benefit. If a Member does this benefit in accordance with Section retire early, his or her pension, calculated 2-150, the Member's annual pension ben- according to the employee's hire date and efit shall equal two (2) percent of final the applicable normal retirement benefit average earnings multiplied by the and contribution rate, shall be actuarially Member's credited service for the first reduced for early retirement. twenty (20) years of credited service and one (1) percent for each year of credited (e) Preretirement death. service thereafter. (2) For Members hired after March 28, 1996, (1) If a participant who is no longer an em- andany then Village employees who elected ployee of the Village dies prior to the the optional retirement benefit in writing normal retirement date and has attained and who contributed a two (2) percent age fifty-five (55) and had five (5) years of employee contribution in accordance with credited service, a pension benefit of fifty subsection 2-150(b), the Member's annual (50) percent of the amount the participant pension benefit shall equal two and one- would have been entitled to, actuarially quarter (2.25) percent of final average reduced for early retirement, shall be paid earnings multiplied by the Member's cred- to the surviving beneficiary for as long as ited service for the first twenty (20) years the beneficiary shall live. Such amount of credited service and one (1) percent for shall be based on the amount payable each year of credited service thereafter. under the fifty (50) percent joint and survivor option, reduced actuarially to the (3) For Members hired after December 11, age of the beneficiary. 2003, and any then Village employees who elected the second optional retire- (2) If a Member dies prior to the normal ment benefit and who contributed a four retirement date while still employed by (4) percent employee contribution (not in- the Village and has five (5) years of cred- cluding the two (2) percent COLA contri- ited service, such Member regardless of bution), the Member's annual pension ben- age shall receive pension benefits as set efit shall equal two and one-half (2.5) forth in subsection (3). percent of final average earnings multi- plied by the Member's credited service for (3) The Members specified in subsection (2) the first twenty (20) years of credited above shall receive a benefit equal to the service and one (1) percent for each year Member's vested accrued pension as com- of credited service thereafter. puted under subsection 2-148(b) and shall be payable to the designated beneficiary (c) Late retirement. A participant who retires in equal, consecutive monthly install- after his normal retirement date shall be paid the menu over ten (10) years. The benefit monthly benefit otherwise payable to the partici- payment specified herein shall commence pant at his normal retirement date increased by upon death of the plan Member and ap- using the benefit formula for the applicable nor- proval of the pension board. mal retirement together with consideration of his additional years or fractional parts of years of credited service and final average earnings. « Termination of employment. A participant who terminates his employment for reasons other (d) Early retirement. than death or retirement and who has not opted for early retirement shall be entitled to a deferred (1) Early retirement age. A Member or a ter- monthly retirement benefit commencing at his urinated vested participant may retire af- normal retirement date equal to the product of his ter age fifty-five (55) and shall receive a vested percentage, as determined from the follow- vested accrued benefit. ing schedule, and his accrued benefit: Supp. No. 47 148 ADMINIS'PRA'PION § 2-149 Credited Service Vested Percentage beneficiary. The minimum joint and survivor percentage shall be fifty (50) percent, reduced Less than 5 0 actuarially to the age of the beneficiary. The 5 but less than 7 50 election of option 1 shall be null and void if the 7 but less than 9 75 designated beneficiary dies before the Member's 9 or more 100 benefit payments commence. (g) Refund of contribution. All contributions made by employees whose employment is termi- Option 2. Life annuity with ten years certain. nated for any reason prior to vesting shall receive The Member may elect to receive a monthly a refund of all amounts contributed by the em- benefit for one hundred twenty (120) monthly ployee to the pension plan without interest. All payments certain. In the event the Member contributions made by fully or partially vested dies after his retirement, but before he has employees whose employment is terminated for received retirement benefits for a period of ten any reason shall have the option to receive a (10) years, the same monthly benefit will be refund of all amounts contributed by the vested paid to the beneficiary (or beneficiaries) as employee without interest. If such option is elected designated by the Member for the balance of by the fully or partially vested employee, then such ten-year period or, if no beneficiary is such employee shall no longer be a part of the designated, to the surviving spouse, or estate of pension plan and shall not receive any pension the Member. benefits. (Ord. No. 1-83, § 3, 1-13-83; Ord. No. 9-94, ~ 2, Option 3. Other: In lieu of the optional forms 6-9-94; Ord. No. 12-95, 1, 2, 3-23-95; Ord. No. enumerated in this section, benefits may be 35-2003, § 1, 12-11-03; Ord. No. 16-2004, § 1, paid in any form approved by the Board so long 7-22-04; Ord. No. 2008-02, § 2, 1-10-08; Ord. No. as it is the actuarial equivalent of the benefits 2010-07, § 5, 5-27-10) otherwise payable, provided, however, the Board shall not authorize any actuarial equivalent Sec. 2-149. Normal and optional forms of single or lump sum distributions except the benefits. lump sum payment of small retirement income provided for below. (a) The normal form of retirement benefit is a monthly benefit for life. Option 4. Social security adjustment option. If a Member retires before being eligible for social (b) Each Member entitled to a normal, early, or security benefits, he or she may elect an option late retirement benefit shall have the right, at to receive a larger pension up to the date he or any time prior to the date on which benefit she begins receiving social security benefits. payments begin, to elect to have this benefit The Member's pension benefits shall be appro- payable under any of the options hereinafter set priately reduced after social security payments forth in lieu of such benefits and to revoke any begin. The amount of reduction shall be actuari- such elections and make a new election at any ally determined by the actuary. time prior to the actual beginning of payments. The value of optional benefits shall be the actu- (c) Lump sum payment of smaZZ retirement arial equivalent of the value of benefits otherwise income. Notwithstanding anything contained payable. The Member shall make such an election within section 2-148 and section 2-149 to the by written request to the board, such request contrary, the Board, in its sole discretion, may being retained in the Board's files. elect to pay a lump sum payment to the benefi- Option 1. Joint and Zast survivor option. The ciary or beneficiaries in lieu of installments when Member may elect to receive a benefit during the present value of the accrued benefit is less his lifetime and have such benefit (or a desig- than five thousand dollars ($5,000.00). This pro- natedfraction thereof? continued after his death vision applies to normal retirement, late retire- to and during the lifetime of his designated ment, early retirement, and preretirement death Supp. No. 47 149 § 2-149 NOR'PH PALM BEACH CODE regardless of the fact that the Member elected d. For Members hired after December retirement benefits to be made in monthly install- 11, 2003, the employee contribution menu. rate is six (6) percent. (Ord. No. 1-83, § 4, 1-13-83; Ord. No. 4-93, § 1, e. For Members who elected in writing 1-14-93; Ord. No. 2010-07, § 6, 5-27-10) to participate in the second optional Sec. 2-150. Contributions. benefits of the normal retirement age of sixty (60) with nine (9) years (a) Village contributions. So long as this sys- of credited service and a two and one tem is in effect, the Village shall make a contri- half (2.50) percent multiplier, the bution to the trust fund in an amount equal to the employee contribution rate shall be total cost for the year as shown by the most recent four (4) percent of the member's earn- actuarial valuation of the system. The total cost ings. This four (4) percent contribu- for any year shall be defined as the total normal tion rate includes the contribution cost, plus the additional amount sufficient to required by subsection b above, but amortize the unfunded accrued past service lia- does not include participation in the bility over aforty-year period. Section 2-158.1 cost of living. If the (b) Member contributions. member elected the Section 2-158.1 cost of living plus the additional ben- (t) Members of the Fund shall make regular efits provided for in this paragraph, contributions to the Fund as follows: the contribution rate totals six (6) a. For Members hired on or before percent. March 28, 1996 who did not elect any optional benefits, including the (2) The Village shall pick-up, rather than Cost of Living Adjustment, the con- deduct from each Member's pay, begin- tribution rate shall be zero (0) per- ning with the date of employment, two (2) cent of earnings. percent of the Member's basic compensa- tion. The monies so picked-up shall be b. For Members hired after March 28, deposited in the Fund on a monthly basis. 1996 and Members who elected in An account record shall be maintained writing to participate in the optional continuously for each Member. Pick-up benefits of a normal retirement age contributions shall continue until death, of sixty (60) with nine (9) years of disability or termination of service, which- credited services and a two and one- ever shall occur first. Contributions shall quarter (2.25) percent multiplier, the remain in the fund unless withdrawn as employee contribution rate shall be provided in the Plan. No Member shall two (2) percent of earnings; have the option to choose to receive the c. For Members who were hired after contributed amounts directly instead of May 11, 2000 and then current Vil- having them paid by the Village directly lage employees who elected to par- to the plan. All such pick-up contributions ticipate in the cost of living adjust- by the Village shall be deemed and be ment in Section 2-158.1, the employee considered as part of the Member's accu- contribution rate is two (2) percent. mulated contributions and subject to all This contribution is in addition to provisions of the Plan pertaining to accu- the contribution provided for in sub- mulated contributions of Members. The section b above. Members who par- intent of this provision is to comply with ticipate in both the optional benefit Section 414(h)(2) of the Internal Revenue provided for in subsection b plus the Code. For paying Social Security taxes, Cost of Living in Section 2-158.1 and for such other purposes except as shall have a contribution rate of four specified in this plan, the amount of em- (4) percent. ployee contributions "picked-up" or paid Supp. No. 47 150 ADMINIS'PRA'PION § 2-151 by the Village will be added to the amount tion by missing two (2) or more consecutive meet- distributed on a current basis in order to ings. The election to the Board shall be arranged determine total wages, salary, pay or com- by the Village clerk, who shall give reasonable pensation. In the event that the employer notice of the election to the eligible voters. ~vo (2) agrees to assume and pay Member contri- members of the general retirement Board shall be butions in lieu of direct contributions by residents of the Village, selected by the Village the Member, such contributions shall ac- Council to serve terms of two (2) years. The two cordingly be paid into the plan on behalf (2) employee members of the Board and the two of the Members. No Member subject to (2) Council-appointed members of the Board shall such agreement shall have the option of annually appoint a member of the general public choosing to receive the contributed amounts who has never been employed by the Village to directly instead of having them paid by serve as the fifth member of the Board. This fifth the employer directly to the plan. All such member shall serve a term of one-year. All mem- contributions by the employer shall be tiers of the Board shall be voting members. deemed and considered as part of the Member's accumulated contributions and (b) Should a vacancy occur in the position of a subject to all provisions of this plan per- member serving as an employee member, the taining to accumulated contributions of Village employees shall, within thirty (30) days, Members. The intent of this language is hold an election and elect a successor to serve. to comply with section 414(h)(2) of the Should the member appointed by Village council Internal Revenue Code. resign or relinquish his duties on the general retirement board, his successor shall be ap- (c) Other contributions. Private donations, gifts pointed by the Village council within thirty (30) and contributions may be deposited to the fund, days. Should a vacancy occur in the position of the but such deposits must be accounted for sepa- fifth member, the Board shall appoint areplace- rately and kept on a segregated bookkeeping ment within thirty (30) days. basis. Funds from these sources may be used only for additional benefits for Members, as deter- (c) The retirement Board hereby created shall mined by the Board, and may not be used to perform all duties and enjoy all rights and powers reduce required Village contributions. vested by law or ordinance, and the village attor- ney may give advice and legal assistance to said (Ord. No. 1-83, § 5, 1-13-83; Ord. No. 2010-07, § 7, retirement board in all matters pertaining to the 5-27-10) performance of their duties, whenever requested and may prosecute and defend all suits which Sec. 2-151. Retirement board, establishment. may be instituted by or against it; provided, (a) There is hereby created a general employ- however, the retirement Board may, in its discre- ees retirement board of the Village which shall tion, employ independent legal counsel for such consist of five (5) members. purposes. 7tvo (2) members of the Board shall be employ- (d) The retirement Board shall have full au- thority to administer all the provisions of this ees of the Village. The employee members of the division and shall cause all disbursements and Board shall be elected at large by full-time Village receipt for all monies received by the fund through employee Members of the Plan. Employees who the office of the Village finance director or a are elected cannot work in the same departments custodian bank if one is employed. The retirement of the Village. The term of service of employees on Board shall appoint a secretary who shall keep a the general retirement board shall be three (3) complete record of all actions and proceedings by years, unless the employee member of the retire- the Board. ment board is sooner retired, disabled, resigns, terminates Village employment, is removed for (e) The retirement Board shall continue to misconduct by majority vote of the employees or exist exclusively for the purpose provided by this the Village Council or is removed for nonparticipa- division and related legislation, and the respon- Supp. No. 47 151 § 2-151 NOR'PH PALM BEACH CODE sibility for the administration and proper opera- eral retirement fund. All funds and securities of tion thereof and for effectuating the provisions of the general retirement fund shall be deposited the law relating thereto, is vested in the retire- with the Village finance director who shall keep ment Board. them in a separate fund, and shall be liable for (f7 The Retirement Board shall have the au- the safekeeping of the same under the bond given thority to employ such professional, technical or to the Village and shall be liable in the same other advisers as required to carry out the provi- manner and to the same extent as is liable for the sions of this Ordinance. safekeeping of the funds of the Village as provided for by law. All funds now held by the Village for (g) The Board shall have the power and au- this retirement system are hereby transferred to thority to recommend an increase or decrease in the fund established by this division. The Board the benefits payable hereunder, through the adop- may in its discretion chose to retain services of a tion of an amendment to this article but provided custodian bank. such action is based on an actuarial review by an (Ord. No. 1-83, § 8, 1-13-83; Ord. No. 11-85, § 1, enrolled actuary who is a member of the Society of 7-11-85; Ord. No. 2010-07, § 10, 5-27-10) Actuaries. (h) The Board shall discharge its duties solely Sec. 2-154. Oaths of office; meetings; quo- in the interest of the participants and beneficia- rum. ries for the exclusive purpose of providing bene- Before entering upon their duties as members fits to participants and their beneficiaries and of the Board, each member shall take and sub- defraying reasonable expenses of administration. scribe to the oath of office required by the Village (Ord. No. 1-83, § 6, 1-13-83; Ord. No. 2006-14, § 1, Charter, which oath shall be filed with the Village 7-27-06; Ord. No. 2010-07, § 8, 5-27-10) clerk. The Board shall meet as often as necessary or upon the call of the chairman or any member Sec. 2-152. Additional rules and regulations thereof or upon request of the Village clerk. All authorized. Board meetings shall be held at Village hall. A The retirement Board shall have the power to majority of the Board shall constitute a quorum adopt rules and regulations, not inconsistent with for the transaction of any business. Notice of the provisions of this division, governing its activ- meetings shall be given to council and the public ities and providing for the certification of the sum at least seven (7) days in advance. to be paid a retired Member from the general (Ord. No. 1-83, § 9, 1-13-83; Ord. No. 06-2002, § 2, retirement fund. 2-28-02; Ord. No. 2010-07, § 11, 5-27-10) (Ord. No. 1-83, § 7, 1-13-83; Ord. No. 2010-07, § 9, 5-27-10) Sec. 2-155. Repeal or termination of system. Sec. 2-153. Investing funds; custodian of se- (a) This division establishing the system and fund, and subsequent ordinances pertaining to curities. the system and fund, may be modified, termi- (a) The retirement Board shall have the power nated or amended in whole or in part; provided and authority to retain the services of an invest- that if this division or any subsequent ordinance ment advisor registered under the Investment shall be amended or repealed in its application to Advisors Act of 1940 to invest and reinvest the any person benefiting hereunder, the amount of assets of the general retirement fund in a manner benefits which at the time of any such alteration, consistent with laws and statutes governing the amendment or repeal shall have accrued to the investment of the Fund. Legal title to the funds Member or beneficiary shall not be affected thereby. shall remain at all times in the name of the Fund. (b) If this division is repealed and not super- (b) The Village, or its designated funding agent, seded by another pension plan, or if contributions shall be the custodian of all securities, and the to the system are discontinued, the Board shall accretion thereof shall become a part of the gen- continue to administer the system in accordance Supp. No. 47 152 ADMINIS'PRA'PION § 2-156 with the provisions of this division, for the sole method of distribution determined under benefit of the then Members, any beneficiaries subsection (2) involves the purchase of an then receiving retirement allowances, and any insured annuity, the amount required to future persons entitled to receive benefits under provide the given retirement income is one (1) of the options provided for in this division the single premium payable for such an- who are designated by any of such Members. In nuity. The actuarial single-sum value may the event of such repeal, or if contributions to the not be less than the employee's accumu- system are discontinued, there shall be full vest- lated contributions to the plan, with fin- ing of one hundred (100) percent of the accrued terest if provided by the Fund, less the benefits to the person entitled to benefits in value of any plan benefits previously paid accordance with the provisions thereof. to the employee. (c) Upon termination of the Fund by the Vil- (4) If there is asset value remaining after the lage for any reason, or because of a transfer, full distribution specified in subsection merger, or consolidation of governmental units, (3), and after payment of any expenses services, or functions as provided in Chapter 121, incurred with such distribution, such ex- Florida Statutes, or upon written notice to the cess shall be returned to the Village. Board by the Village that contributions under the Fund are being permanently discontinued, the (5) The Board shall distribute, in accordance rights of all employees to benefits accrued to the with the manner of distribution deter- date of such termination or discontinuance and mined under subsection (2), the amounts the amounts credited to the employees' accounts determined under subsection (3). are nonforfeitable. The Fund shall be distributed (Ord. No. 1-83, § 10, 1-13-83; Ord. No. 2010-07, in accordance with the following procedures: § 12, 5-27-10) (1) The Board shall determine the date of distribution and the asset value required Sec. 2-156. Miscellaneous. to fund all the nonforfeitable benefits, (a) Discharged members. Members entitled to after taking into account the expenses of a pension as approved by the pension Board shall such distribution. The Board shall inform not forfeit the same upon dismissal from the the Village if additional assets are re- Village, but shall be retired as herein described. quired, in which event the Village shall continue to financially support the plan (b) NonassignabiZity. No benefit provided for until all nonforfeitable benefits have been herein shall be assignable or subject to garnish- funded. ment for debt or for other legal process. However, (2) The Board shall determine the method of the Board shall honor income deduction orders for distribution of the asset value, whether alimony or child support in accordance with rules distribution shall be by payment in cash, and procedures by the Board. by the maintenance of another or substi- tuted trust fund, by the purchase of in- (c) Pension validity. The Board of retirement sured annuities, or otherwise, for each shall have the power to examine into the facts Member entitled to benefits under the upon which any pension shall heretofore or here- plan, as specified in subsection (3). after have been granted or obtained to determine if such pension was granted erroneously, fraudu- (3) The Board shall distribute the asset value lently or illegally for any reason. The Board is as of the date of termination in the man- empowered to purge the pension rolls of any ner set forth in this subsection, on the person heretofore or hereafter granted a pension basis that the amount required to provide under prior or existing law or heretofore granted any given retirement income is the actuari- under this division if the same is found to be ally computed single-sum value of such erroneous, fraudulent or illegal for any reason; retirement income, except that if the and to reclassify any pensioner who has hereto- Supp. No. 47 152.1 § 2-156 NOR'PH PALM BEACH CODE fore under any prior or existing law or who shall actual annual retirement income paid hereafter under this division be erroneously, im- in any year with respect to a Partic- properly or illegally classified. ipant under this Plan attributable to (d) Incompetence. If any member or benefi- employer provided benefits shall not ciary is a minor or is, in the judgment of the exceed the dollar amount allowable Board, otherwise incapable of personally receiv- for any calendar year pursuant to ing and giving a valid receipt for any payment due Code Section 415(b), as adjusted in him under the system, the Board may, unless and such calendar year for increases in until claims shall have been made by a duly the cost of living in accordance with appointed guardian of such person, make such Regulations issued by the Secretary payment or any part to such person's spouse, of the Treasury under Code Section children or other person deemed by the Board, in 415(d). For purposes of applying the basic limitation, benefits payable in its sole discretion, to have incurred expenses or any form other than a straight life assumed responsibility for the expenses of such annuity with no ancillary benefits person. Any payment so made shall be a complete shall be adjusted, as provided by discharge of any liability under the system for Treasury Regulations, so that such such payment. benefits are the Actuarial Equiva- (e) Bargaining unit employees. Nothing herein lent of a straight life annuity. For shall limit the Village's authority to provide alter- purposes of this subsection Article, nate retirement benefits to employees in each of the following benefits shall not be the bargaining units provided: taken into account: (1) The benefit is provided pursuant to the 1. Any ancillary benefit which is terms of a collective bargaining agree- not directly related to retire- ment ratified by the Village council or is ment income benefits; the subject of a waiver of bargaining or a 2. Any other benefit not required memorandum of understanding. under Code Section 415(b)(2) (2) No vested benefit is reduced or elimi- and Treasury Regulations there- nated. under to be taken into account for purposes of the limitation of (3) An actuarial impact statement disclosing Code Section 415(b)(1). the cost and effect of the modification is made and reviewed by the Village council b. For purposes of applying the limita- prior to ratification of the collective bar- tions of Code Section 415(b), compen- gaining agreement. sation includes those items as set forth in Regulation 1.415-2(d). This (4) The terms of the modification are incor- definition specifically includes the porated in this chapter of the Village Code crediting of compensation while ab- by amendatory ordinance. sent from service for military duty; (f7 Maximum Pension. such crediting shall to exceed the compensation that would have been (1) Section 415(b) Internal Revenue Code Lim- credited under the System if System its. services had continued. a. Basic Limitations. Notwithstanding anything to the contrary in this Plan, (2) Additional Limitation on Pension Bene- the provisions of Section 415 and its fits. Notwithstanding anything herein to regulations are hereby incorporated the contrary: by reference into this Plan. Subject a. The normal retirement benefit or to the adjustments in Code Section pension to a retiree who becomes a 415, the maximum amount of the Member of the Plan and who has not Supp. No. 47 152.2 ADMINIS'PRA'PION § 2-156 previously participated in such Plan, April 1 of the calendar year follow- on or after January 1, 1980, shall not ing the later of the calendar year in exceed one hundred (100) percent of which the Member attains age sev- his/her average final compensation. enty and one-half (70i/~), or the cal- However, nothing contained in this endar year in which the Member section shall apply to supplemental retires, retirement benefits or to pension in- b. The distribution shall commence to creases attributable to cost-of--living them not later than the calendar increases or adjustments. In all events, distributions shall be limited year defined above; and shall be paid by the applicable provisions of Code over the life of the Member or over Section 415(b) limits. the lifetimes of the Member and b. No Member of the Plan who is not spouse, or dependent, or, shall be now a Member of such Plan shall be paid over the period extending not allowed to receive a retirement ben- beyond the life expectancy of the efit or pension which is in part or in Member and spouse, or dependent. whole based upon any service with Where a form of retirement income pay- respect to which the Member is al- ment has commenced in accordance with ready receiving, or will receive in the the preceding paragraphs and the Mem- future, aretirement benefit or pen- ber dies before his/her entire interest in Sion from another retirement system the Plan has been distributed, the remain- or plan. This restriction does not ing portion of such interest in the Plan apply to social security benefits or shall be distributed no less rapidly than federal benefits under Chapter 67, under the form of distribution in effect at Title 10, U.S. Code. the time of the Member's death. (g) Section 401(x)(17) Limitation on Compere- (2) If the Member's death occurs before the sation. For any person who first becomes a Mem- distribution of his/her interest in the Plan ber in any plan year beginning on or after Janu- has commenced, the Member's entire in- ary 1, 1996, compensation for any plan year shall terest in the Plan shall be distributed not include any amounts in excess of the limita- within five (5) years of the Member's tion set forth in Code Section 401(x)(17) (as death, unless it is to be distributed in amended by the Omnibus Budget Reconciliation accordance with the following rules: Act of 1993), which limitation shall be adjusted as required by federal law for qualified government a. The Member's remaining interest in plans and shall be further adjusted for changes in the Plan is payable to his/her spouse, the cost of living in the manner provided by Code or dependent; Section 415(d). b. The remaining interest is to be dis- (h) Distribution of Benefits. Notwithstanding tributed over the life of the spouse, any other provision of this Plan to the contrary, a or dependent or over a period not form of retirement income payable from this Plan extending beyond the life expectancy after the effective date of this ordinance, shall be of the spouse, or dependent; and made in accordance with the requirements of c. Such distribution begins within one Code Section 401(x)(9), including the minimum (1) year of the Member's death un- distribution incidental benefit requirements of less the Member's spouse, or depen- section 1.401(x)(9)-2 Code Section 401(a)(9)(G) to dent shall receive the remaining in- satisfy the following conditions: terest in which case the distribution (1) If the retirement income is payable before need not begin before the date on the Member's death: which the Member would have at- a. It shall either be distributed or com- tained age seventy and one-half (70i/~) mence to the Member not later than and if the spouse, or dependent dies Supp. No. 47 152.3 § 2-156 NOR'PH PALM BEACH CODE before the distribution to the spouse, rollover distribution to the surviving issue or dependent begins, this Sec- spouse, an eligible retirement plan is an tion shall be applied as if the spouse, individual retirement account or individ- or dependent were the Plan Member. ual retirement annuity. (Ord. No. 1-83, § 11, 1-13-83; Ord. No. 08-2005, (3) Distributes: A distributee includes an em- § 1, 5-26-05; Ord. No. 2010-07, § 13, 5-27-10) ployee or former employee. In addition, the employee's or former employee's sur- Sec. 2-157. Rollovers, direct transfers of el- viving spouse is a distributee with regard igible rollover distribution. to the interest of the spouse. (a) General. This section applies to distribu- (4) Direct roZZover: A direct rollover is a pay- tions made on or after January 1, 1993. Notwith- ment by the plan to the eligible retire- standing any provision of the system to the con- ment plan specified by the distributee. trary that would otherwise limit a distributee's election under this section, a distributee may (c) Rollovers from qualified plans. elect, at the time and in the manner prescribed by (1) A Member may roll over all or part of his the Board, to have any portion of an eligible or her assets in another qualified plan to rollover distribution paid directly to an eligible this Plan for the purpose of purchasing retirement plan specified by the distributee in a service provided all of the following re- direct rollover. quirements are met: (b) Definitions. a. Some or all of the amount distrib- uted from the other plan is rolled (1) Eligible rollover distribution: An eligible over to this plan no later than the rollover distribution is any distribution of sixtieth day after distribution was all or any portion of the balance to the made from the plan or, if distribu- credit of the distributee, except that an tions are made in installments, no eligible rollover distribution does not in- later than the sixtieth day after the dude: any distribution that is one of a last distribution was made. series of substantially equal periodic pay- b. The amount rolled over to the Plan menu (not less frequently than annually) does not include any amounts con- made for the life (or life expectancy) of the tributed by the member to the other distributee or the joint lives (or joint life expectancies) of the distributee and the plan on a post-tax basis. distributee's designated beneficiary or for c. The rollover is made in cash. a specified period of ten (10) years or d. The Member certifies that the distri- more; any distribution to the extent such bution is eligible for a rollover. distribution is required under section 401(a)(9) of the Code; and the portion of e. Amounts which the Board accepts as any distribution that is not includable in a rollover to this Fund shall, along gross income. with any earnings allocated to the Board, be fully vested at all times. (2) Eligible retirement plan: An eligible retire- (2) In addition, the Fund may accept the ment plan is an individual retirement direct transfer of a Member's benefits account described in section 408(a) of the from another qualified retirement plan or Code, an individual retirement annuity Internal Revenue Code section 457 plan described in section 408(b) of the Code, an for purposes of purchasing service. annuity plan described in section 403(a) of the Code, or a qualified trust described (d) [Mandatory distributions.] In the event of a in section 401(a) of the Code, that accepts mandatory distribution greater than one thou- the distributee's eligible rollover distribu- sand dollars ($1,000.00) under this Plan, if the tion. However, in the case of an eligible participant does not elect to have such distribu- Supp. No. 47 152.4 ADMINIS'PRA'PION § 2-159 tion paid directly to an eligible retirement plan DIVISION 4. PENSION AND CERTAIN specified by the participant in a direct rollover or OTHER BENEFITS FOR FIRE AND POLICE to receive such distribution directly, then the EMPLOYEES* Board will pay the distribution in a direct rollover to an individual retirement plan designated by Sec. 2-159. Definitions. the Board. This section is effective for mandatory distributions after October 1, 2006. As used herein, unless otherwise defined or (Ord. No. 13-95, § 1, 3-23-95; Ord. No. 2010-07, required by the context, the following words and § 14, 5-27-10) phrases shall have the meaning indicated: Accrued benefit means the portion of a member's normal retirement benefit which is considered to Sec. 2-158. Cost of living adjustment. have accrued as of any date. A member's accrued benefit as of any date shall be equal to the sum of The amount of pension benefit will be in- two and one-half (2i/z) percent of his average creased in accordance with the changes in the monthly earnings multiplied by his credited ser- consumer price index for urban wage earners vice for the first twenty-four (24) years; zero (0) (CPI-W) South, published by the U.S. Bureau of percent of his average monthly earnings multi- Labor Statistics. Adjustments of pension pay- plied by the member's credited service for each year after twenty-four (24) years up to thirty (30) menu will be made on October 1 of each year years; and two (2) percent of his average monthly reflecting the change in the consumer price index earnings multiplied by the member's credited over the twelve-month period ending April 1 of service for each year in excess of thirty (30) years. that year. The maximum increase in the member's For purposes of this calculation, average monthly pension benefit for any one (1) year is three (3) earnings and credited service as of the date of percent. Such adjustments shall apply to each determination shall be used. The accrued benefit retirement, survivor or disability benefit in pay is considered to be payable in the plan's normal status as of each October 1. form commencing on the member's normal retire- ment date, with such date determined as through This provision is mandatory for all employees the member remains in full-time employment hired after the May 11, 2000 and such employees With the employer. shall contribute two (2) percent of their salary for Accumulated contributions means a member's this benefit. The cost of living adjustment and own contributions plus interest credited thereto, contribution of salary as specified in this section if any, by the board. shall be optional with all employees who were hired prior to May 11, 2000. Actuarial equivalence or actuarially equivalent means that any benefit payable under the terms of this plan in a form other than the normal form The cost of living adjustment (COLA) set forth of benefit shall have the same actuarial present herein shall apply to all forms of benefits set forth value on the date payment commences as the in sections 2-148 and 2-149 of this Code. normal form of benefit. For purposes of establish- (Ord. No. 13-2000, § 1, 5-11-00; Ord. No. 25-2005, ing the actuarial present value of any form of § 3, 9-8-05; Ord. No. 27-2005, § 3, 9-29-05; Ord. payment, all future payments shall be discounted No. 2010-07, § 16, 5-27-10) for interest and mortality by using seven (7) Editor's note-Ord. No. 2010-07, 15, 16, adopted May 27, 2010, repealed former § 2-158 in its entirety and renum- *Editor's note-Ordinance No. 9-82, enacted June 10, tiered former § 2-158.1 as section 2-158. Repealed former 1982, did not expressly amend the Code; hence, codification of § 2-158 pertained to optional benefit plan and derived from~~'~~' 1 11 as herein set out in 2-159 2-169 was at the Ord. No. 12-96, § 2, adopted 1Vlarch 28, 1996; Ord. No. 28-96, discretion of the editor. § 1, adopted July 25, 1996; Ord. No. 35-2003, 2, 3, adopted Cross references-Fire division, § 12-29 et seq.; police, Dec. 11, 2003; Ord. No. 16-2004, § 2, adopted July 22, 2004. Ch. 23. Supp. No. 47 152.5 § 2-159 NOR'PH PALM BEACH CODE percent interest and the 1983 Group Annuity participated actively as an employee. Should he Mortality Table for Males, with ages set ahead not be re-employed within five (5) years, his five (5) years in the case of disability retirees. contributions shall be returned to him without Average monthly earnings means one-sixtieth interest. of earnings of a member during the five (5) years It is provided further that credited service of his employment within the last ten (10) years of shall include any service, voluntary or involun- employment, which is greater than the total dur- tart', in the armed forces of the United States, ing any other five (5) years during the ten-year provided the employee is legally entitled to re- period; provided that if a member shall have been employment under the provisions of the federal employed for fewer than five (5) years, such USERRA provisions or any similar law; and pro- average shall be taken over the period of his vided further that the employee shall apply for actual employment. reemployment within the time and under the conditions prescribed by law. Effective January 1, Beneficiary means the person or persons enti- 2007, members who die or become disabled while tled to receive benefits hereunder at the death of serving on active duty military service which a member who has or have been designated in intervenes the member's employment shall be writing by the member and filed with the board. If entitled to the rights of this section even though no such designation is in effect at the time of such member was not re-employed by the village. death of the member, or if no person so designated Members who die or become disabled while on is living at that time, the beneficiary shall be the active duty military service shall be treated as estate of the member. though re-employed the day before the member Board means the board of trustees which shall became disabled or died, was credited with the administer and manage the plan herein provided service they would have been entitled to under and serve as trustee of the fund. this section, and then either died anon-duty death while employed or became disabled from a Credited service means the total number of non-duty disability. years and fractional parts of years of service expressed as years and completed months, during Early retirement date means for each member which a person serves as an employee as defined the first day of the month coincident with or next below, omitting intervening years and fractional following the date on which he attains his fiftieth parts of years, when such person may not be (50th) birthday. employed by the employer; provided, however, Earnings means a member's gross salary, in- such person may have, without interrupting his cluding overtime, public safety pay increment and other years of credited service, up to one (1) year's special pay, but excluding bonuses, such as lon- leave of absence. gevity, safety and attendance awards and any Notwithstanding the foregoing, no employee other non-regular payments such as unused sick will receive credit for years or fractional parts of leave or vacation time pay. Beginning with earn- years of service for which he has withdrawn his ings after December 31, 2008 and pursuant to contributions to the pension fund for those years Internal Revenue Code Section 414(u)(7), the def- or fractional parts of years of service unless he inition of earnings includes amounts paid by the repays into the pension fund the contributions he village as differential wages to members who are has withdrawn, with interest, within ninety (90) absent from employment while serving in quali- days after his reemployment, as provided in sec- feed military service. tion 2-160 below. Effective date means March 1, 1967, the date Further, an employee may voluntarily leave his on which this plan initially became effective. The contributions in the pension fund for a period of effective date of this restated plan is the date as of five (5) years after leaving the employ of the which the village council adopts the plan. employer, pending the possibility of his being rehired, without losing credit for the time he has Supp. No. 47 152.6 S'PREE'PS, SIDEWALKS AND PUBLIC PLACES § 24-43 of the village to construct a sidewalk at the same (80) feet or less, there will be a minimum time that the street is constructed so that all of thirty-four (34) feet of paved street improved properties in the village shall have provided. sidewalks wherever the properties front upon a (Code 1970, § 35-24) paved and usable public street. (Code 1970, § 35-23; Ord. No. 7-71, § 1) Sec. 24-43. Specifications. Sec. 24-42. Same-Exceptions to require- (a) GeneraZZy. Sidewalks and driveways shall ments of section 24-41. be constructed in accordance with the following Upon application in writing to the building specifications: board of appeals of the village, the requirements set forth in section 24-41 may be excepted upon (1) Sidewalks and the driveway between the the finding of the building board of appeals that street and sidewalk or property line shall the following rules are complied with: be constructed of Portland cement con- crete, using durable materials in such (1) That in any case where the cost of making proportions that a hard dense product such sidewalk improvements shall be with a minimum twenty-eight day strength shown to work an undue hardship upon of two thousand five hundred (2,500) the owner, the village council, upon rec- pounds per square inch. ommendation by the board of appeals, may enter into an agreement on behalf of (2) Excavation shall be made to the required the village with the owner whereby the depth and the subgrade or base, upon village will furnish the materials and la- which the sidewalk or driveway is to be bor for construction of such sidewalk, such set shall be compacted to a firm, even agreement to contain suitable provisions surface true to grade and cross section, by for the reimbursement of the cost of such means of rolling and tamping, adding labor and materials by the owner to the water if required to secure optimum com- village over a term of years, secured in paction. such manner as shall be provided for in such agreement. (3) Grading shall be carried to a width of two (2) feet beyond the edge of the proposed (2) That no building within the entire subdi- work. vision shall have a sidewalk in front of it. (4) Joints shall be of the open type. The joint (3) That the subdivision without sidewalks shall be formed by staking a metal bulk- would not be contiguous to an existing head in place and placing the concrete on plat containing buildings with sidewalks. both sides of it. After the concrete has set In other words, that the platted subdivi- sufficiently to preserve the width and Sion without sidewalks would be wholly shape of the joint, the bulkhead shall be self-contained and its entrances to remain- removed. After the walk has been finished ing lands in the village would be the sole over the joint, the slot shall be opened and connection between it and other subdivi- edged with a tool having aone-half-inch sions in the village. radius. (4) That in any subdivision where sidewalks are excepted on road rights-of--way of sixty (5) The concrete shall be given a wood float (60) feet or less, there will be a minimum finish, if appropriate, or asteel-troweled of twenty-eight (28) feet of paved street finish, slightly brushed to remove slipperi- provided. ness. The surface variations shall not be more than one-quarter of an inch under a (5) That in any subdivision where sidewalks ten-foot straight edge nor more than one- are excepted on roadrights-of--way of eighty eighth of an inch on the transverse sec- Supp. No. 47 1521 § 24-43 NOR'PH PALM BEACH CODE tion. The edge of the sidewalk shall be building official, and according to plans and spec- carefully finished with an edging tool, ifications of the village. Upon failure to comply having a radius of one-half inch. with all the terms of the permit, the permit may (6) The concrete shall be cured by ponding or be revoked and the sidewalk and curb restored to other recognized means. its original line and grade and paid for out of the deposit required by section 24-45. (b) Sidewalks. Sidewalks shall be at least five (Code 1970, § 35-30; Ord. No. 2010-06, § 2, 3-11- (5) feet in width and a minimum of four (4) inches 10) in thickness, subject to the approval of the build- ing official. Sec. 24-45. Reserved. (c) Driveways. In addition to the specifications set forth in ara ra h (a) of this section, drive- Editor's note-Ord. No. 23-2003, § 4, adopted Sept. 11, p g p 2003, repealed § 24-4i in its entirety. Former § 24-45 per- ways between the street and sidewalk or property tamed to inspection fEes; dEposits pending approval and line shall conform to the following specifications: derived from Code 190, § 3~-31. (1) Minimum of six (6) inches in thickness, including the sidewalk section, with edges Sec. 24-46. Dangerous or abandoned drive- thickened to aminimum of eight (8) inches. ways. (2) Minimum of eight (8) feet wide at the sidewalk and shall flare uniformly to a Should the vehicular or other use of any drive- width of fourteen (14) feet at the edge of way, in the opinion of the building official, be or the paving, unless extenuating circum- become dangerous to pedestrians, or should the stances as determined by the building use of such driveway be discontinued or such official suggest a variance of this flare driveway abandoned, then the building official width, and in such instances the flare shall give notice in writing to the owner of record requirements shall be determined by the of the abutting property to restore within thirty building official (30) days such curb and sidewalk to the original (3) The profile shall follow the roadside Swale or proper condition. so as not to interfere with drainage. (Code 1970, § 35-34; Ord. No. 2010-06, § 2, 3-11- 10) (d) Nonconforming driveways. Notwithstand- ing the foregoing, existing nonconforming drive- ways located between the street and the sidewalk Sec. 24-47. Performance of work by village or property line that are not constructed of ce- upon failure to comply with ar- ment concrete and that match the portion of the title. driveway located on private property may be expanded or replaced utilizing the existing mate- In case any driveway, curb or sidewalk shall rial. In the event of such expansion or replace- not be paved, repaved, repaired or restored ac- ment, all other requirements of this section shall cording to the provisions of the permit, or this be satisfied to the fullest extent possible, as article, the building official may order the same to determined by the building official. be done under his direction and for the owner's (Code 1970, § 35-29; Ord. No. 23-2003, § 3, 9-11- account and the expense thereof, until paid, shall 03; Ord. No. 2010-06, § 2, 3-11-10) be a lien upon the abutting property and be filed as therefor provided. Sec. 24-44. Driveways to be constructed un- (Code 1970, § 35-32; Ord. No. 2010-06, § 2, 3-11- der supervision of building offi- 10) cial. Every driveway shall be constructed under the supervision of and subject to the direction of the Secs. 24-48-24-54. Reserved. Supp. No. 47 1522 S'PREE'PS, SIDEWALKS AND PUBLIC PLACES § 24-58 DIVISION 2. PERMITS Sec. 24-55. Separate permits required for driveway and sidewalk construc- tion. A separate permit shall be required for side- walk or driveway construction or reconstruction. (Code 1970, § 35-28) Sec. 24-56. Driveway construction-Re- quired. No person shall construct initially, nor lower any curb, or change the grade of any sidewalk, for the purpose of providing a driveway across any sidewalk, or construct any driveway across vil- lage property or street right-of--way, except upon complying with the provisions of this article, and upon a permit granted by the village. (Code 1970, § 35-25) Sec. 24-57. Same-Prohibited in certain in- stances. The village shall not grant a permit to lower any curb or change the grade of any sidewalk for the purpose of providing a driveway across such curb or sidewalk or to construct any driveway across village property when, in its opinion, the actual or intended use of such driveway would endanger pedestrians. In no case shall a permit be granted to use the space within the radius of a curb or street return, or of any sidewalk intersec- tion, as a driveway. (Code 1970, § 35-26) Sec. 24-58. Same-Application; information required. (a) Application for a permit required by sec- tion 24-56, shall be made in writing to the build- ing official by the owner of the abutting premises. (b) Such application shall set forth the points at which such driveway shall begin and end, as measured from the property line of the first street intersecting such curb or sidewalk and shall be accompanied by a plan, if so required by the building official. (Code 1970, § 35-27; Ord. No. 2010-06, § 3, 3-11- 10) ('Phe next page is 15731 Supp. No. 47 1523 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 27-31 175.071(1) 2-166 1.01 et seq. 1-2 175.071(8) 2-166 ch. 22F App. B, Art. II, 175.101 26-17 § 36-10 175.333 2-162 ch. 39 App. C, § 45-2 ch. 177 App. B, Art. I, Ch. 50 2-181 § 36-2 50.041 2-181 App. B, Art. II, 50.051 2-181 § 36-8 55.03 29-5(a) App. B, Art. II, ch. 98 Ch. 10 § 36-15 101.657 10-7 App. B, Art. IV, 112.181 2-161(e)(9) § 36-27 ch. 121 2-155 ch. 185 2-167 161.55(1)(d) 6-156 185.05(6) 2-169 161.041 6-153 185.06(1)(b) 2-166 161.053 6-154 185.06(7) 2-166 162.12(2) 2-180 185.08 26-16 ch. 163 12.5-1 202.195 29-8(m) 21-1 203.012 26-51, 29-3 21-ll 29-5(b) 21-43, 21-44 203.012(5)(b) 26-51 App. B, Art. I, ch. 205 Ch. 17, Art. II § 36-2, App. B, Art. 205.043(2), I, § 36-4 205.043(3) 17-24, 17-25 App. B, Art. II, 205.053 17-20 § 36-16 205.192 17-22 App. B, Art. VI 210.03 17-33 163.01 2-4(f7 ch. 212 26-53 163.161 et seq. 21-O1 215.473 2-166 ch. 163.170, App. B, Art. II, 222.17 5-1 §163.3164(17) § 36-10 ch. 252 Ch. 8 163.225(3)(x) (c) 5-86 8-4(x)(2) 163.295 6-150 252.38 et seq. 8-6 163.3161 et seq. Ch. 21, Art. II 253.125 7-19 163.3177 21-44 280.02 2-4(f7 163.3178 6-155 286.011 2-1 21-44 Ch. 316 18-20 163.3180(12) 21-48 316.008 Ch. l8 ch. 166 6-16 316.272 19-117 Ch. 24 316.293 19-117 Ord. No. 2478 § 3 316.1955, 316.1956 18-37 166.021 Ch. 17, Art. II 320.01(1) 14-37 166.221 17-34 ch. 327 Ch.5 166.231 Ch. 26, Art. III 327.02 5-33 ch. 170 21-2 335.065 App. B, Art. IV, 170.01 Ch. 24~~' 36-29.1 ch. 175 2-167 337.29 29-2 175.061((7) 2-169 337.401 29-2, 29-3 Supp. No. 47 2819 NOR'PH PALM BEACH CODE Section Section Section this Code Section this Code 29-5(a), (e) 847.0145 19-31 29-6(a) 870.041 8-21 337.401(3) 28-3 870.44 8-22 337.403,337.404 29-7 870.45 8-22 342.03 Ch.5 872.05 2-104 362.01 29-2 943.10(6) 2-159 364.02 29-3 943.10(8) 2-159 ch. 373 19-200 943.14 2-159 ch. 380 21-44 943.25(13) 1-9 App. B, Art. II, § 36-10 380.04 21-103 393 App. C, § 45-2 ch. 394 App. C, § 45-2 ch. 400 App. C, § 45-2 ch. 401 11.5-21 ch. 402 App. C, § 45-2 App. C, § 45-34.1 402.302(4), 402.302(5) 17-33 413.08 4-27(d) ch. 419 17-33 App. C, § 45-2 471.003 29-8(c)(1) ch. 472 App. B, Art. I, § 36-6 ch. 480 App. C, § 45-2 ch. 495 1-10 ch. 553 6-16 553.73 6-154 11-11 553.73(2) 6-2 561.01 3-1 561.01 et seq. Ch. 3 563.01 3-1 564.01 3-1 565.01 3-1 628.901 29-12(d) 633.35 2-159 633.025 12-16 633.0215 12-16 ch. 650 Ch. 2, Art. V, Div. 2 2-136 650.02 2-136 658.12 2-4(q) ch. 760 App. C, § 45-2 768.28 29-12(d) 775.082, 775.083 2-169(B 2-255 794.011 19-31 800.04 19-31 827.071 19-31 ch. 847 App. C, § 45-20 ('Phe next page is 28691 Supp. No. 47 2820 CODE COMYARA'P1VE 'FABLE Adoption Section Ord. No. Date Section this Code 8 19-221 9 29-5(a) 10 App. C, § 45-20(9), (10) 11 App. C, § 45-36 Q(5) 2007-01 1-11-07 2 Added 21-48 2007-03 2- 8-07 2 6-17 2007-10 4-12-07 1 2-52(a) 2 2-54(3) 2007-13 7-12-07 1, 2 2-1 2007-16 10-25-07 2 Added App. C, § 45-16.1 2007-17 10-25-07 2 Added 2-166(1)d. 2007-19 12-13-07 2,7 18-34 3 2-173 2007-20 12-13-07 2 Rpld 9-16 9-21 3 9-16 9-19 2007-21 12-13-07 2 14-30(2) 2008-O1 1-10-08 2 6-ll5(F) 2008-02 1-10-08 2 2-148 2008-03 1-24-08 2 10-5 Dltd 10-6 10-8 Ruud 10-9 as 10-6 Dltd 10-10 Ruud 10-13 as 10-7 4 Rpld 10-58 10-64 3 10-76 Rpld 10-77 2008-04 1-24-08 2 5-83 5-85 2008-06 2-28-08 2 Added 19-11 2008-07 4-10-08 2 36-23 2008-09 8-28-08 App. D 2008-15 10-23-08 2 Rpld 14-37 14-52 3 Rpld 14-79 14-83 Added 14-79 14-83 2008-16 10-23-08 2 14-30 2008-17 11-13-08 2 2-4 2008-18 11-13-08 2 5 2-159 2-162 2009-01 1- 8-09 2 Added 14-31 2009-02 1-22-09 2, 3 6-111, 6-112 4 6-114 6 6-115 2009-03 1-22-09 2 9-17(a) 2009-04 4-23-09 2 App. C, § 45-2 3 App. C, § 45-19 D. 4 App. C, § 45-27 A.l. Added App. C, § 45-27 F. 2009-05 5-14-09 2 Added 15-ll 15-18 2009-006 6-11-09 2 4-27, 4-28 4-31, 4-32 2009-07 7-23-09 2 17-33 2009-09 7-23-09 2 14-79 2009-11 9-10-2009 2 Added 2-251 2-256 2009-15 9-24-2009 2 12-16, 12-17 Added 12-18 Supp. No. 47 2891 NOR'PH PALM BEACH CODE Adoption Section Ord. No. Date Section this Code 2009-16 11-12-09 2 21-~ 3 5-86 4 6-lll(E)(3), (4) 5 21-21(g) 6 App. C, § 45-35.1.VII 7 App. C, 45-49, 45-50 2010-01 1-14-10 2 2-159 3 2-161(e)(10)c. 4 2-162 5 2-164(x) 6, 7 2-165, 2-166 8, 9 2-168, 2-169 2010-02 1-28-10 2 Dltd 6-ll2(L) Rnbd 6-ll2(M) (O) as (L) (N) 2010-03 1-28-10 2 5-1 3 Rpld 5-18 4 5-25 2010-06 3-ll-10 2 24-43(b) Added 24-43(d) 24-44 24-46, 24-47 3 24-58 2010-07 5-27-10 2 2-146 Added 2-146.1 4 14 24-147 24-157 15 Rpld 2-158 16 Rnbd, Amd 2-158.1 as 2-158 ('Phe next page is 29331 Supp. No. 47 2892 CODE INDEX Section Section PENSIONS AND RE'PIREMENP (Cont'd.) PENSIONS AND RE'PIREMENP (Cont'd.) 'l~ustee and contact person............ 2-170.10 Retirement benefit 2-148(b) Vesting provisions, schedule of 2-170.8 Retirement date 2-148(x) Village contributions 2-170.9 Termination of employment......... 2-148(f) Pension and certain other benefits for fire Contributions and police employees 1Vlember contributions 2-150(b) Benefit amounts Other contributions 2-150(c) Cost of living 2-161(8) Village contributions............... 2-150(x) Disability retirement 2-161(e) Cost of living adjustment 2-158 Early retirement 2-161(b) Creation of plan and trust 2-146.1 Formula 2-161(c) Definitions........................... 2-146 Limitation on 2-161(h) Discharged members 2-156(x) Normal retirement benefit.......... 2-161(x) Distribution of Benefits 2-156(h) Yreretirement death 2-161(d) Incompetence 2-156(d) Termination benefits and vesting.... 2-161(f) 1Vlaximum Pension Board of trustees Additional Limitation on Pension Ben- Bring and defend lawsuits efits 2-156(f)(2) Powers 2-164(e) Section 415(b)Internal Revenue Code Composition 2-164(x) Limits 2-156(f)(1) Forfeiture of membership on board 1Vlembership for absenteeism 2-164(b) Application for membership 2-147(b) Meetings 2-164(d) Change in desi~,mation of beneficiary 2-147(c) Power and authority 2-166 Reports and records 2-164(c) Conditions of eli~,ribility............. 2-147(x) Contributions Nonassi~,mability 2-156(b) Em Flo er 2-163(c) Normal and optional forms of benefits 2-149 r y Forfeitures 2-163(d) Pension validity...................... 2-156(c) 1Vlember 2-163(x) Repeal or termination of system....... 2-155 State 2-163(b) Retirement board Definitions 2-159 Additional rules and regulations au- Direct transfers of eligible rollover dis- thorized 2-152 tribution 2-170 Established........................ 2-151 Discharged members 2-169(x) Investing funds; custodian of securi- False, misleading statements made to ties 2-153 obtain retirement benefits prohib- Oaths of office; meetings; quorum 2-154 ited 2-169(f) Rollovers, direct transfers of eligible Incompetents 2-169(d) rollover distribution Insurers, tax on 2-167 Definitions 2-157(b) Membership General 2-157(x) Application for membership 2-160(b) 1Vlandatory distributions............ 2-157(d) Buy-back of previous service........ 2-160(d) Rollovers from qualified plans 2-157(c) Changes in desi~,mation of beneficiary 2-160(c) Section 401(x)(17) Limitation on Com- Conditions of eli~,ribility 2-160(x) pensation....................... 2-156(8) Nonassi~,mability 2-169(b) Social securit 2-136 et se y q. Number and gender 2-169(e) See: SOCIAL SECURPPY Optional forms of benefits 2-162 Volunteer firefighters, length of service Pension validity 2-169(c) award plan for. See herein: Length of Prior service 2-165 Service Award Ylan for Volunteer Repeal or termination of plan 2-168 Firefighters 'Pax on insurers 2-167 Pension and certain other benefits for gen- YERIVIPPS. See: LICENSES AND YERIVIPPS oral employees Bargaining unit employees 2-156(e) PERSON Benefit amounts and eligibility Definitions and rules of construction 1-2 Early retirement Age 2-148(d)(1) PIERS Benefit 2-148(d)(2) Docks and piers, construction require- Late retirement 2-148(c) ments re 5-81 et seq. Yreretirement death 2-148(e) See: BOATS, DOCKS AND WA'PER- Refund of contribution 2-148(8) WAYS Supp. No. 47 2949 NOR'PH PALM BEACH CODE Section Section PLANNING AND DEVELOYMENP PLANNING AND DEVELOYMENP (Cont'd.) Appearance plan (Appendix A). See that Public facility adequacy, review to de- subject termine 21-47(c) Archaeolo~,rical site protection regulations . 21-101 et seq. Short title 21-41 See: ARCHAEOLOGICAL SPPE PRO- Filing fees and costs for voluntary annex- 'PEC'PION ation of land Board of adjustment Enactment and authority 21-2(a) Composition; conduct generally Fees: application 21-2(c) Administrative orders, review of 21-21(d) Jurisdiction 21-2(b) Created 21-21(a) Planning commission, advice of........ 21-2(d) Decision of administrative ofFicial, ap- Public notice requirements for develop- peals to board from 21-21(e) went applications and approvals Hearing of appeals 21-21(g) Generally............................ 21-3(a) Judicial review of decisions of board. 21-21Qi) Mailing requirements 21-3(b) 1Vlembership; terms; alternate; com- Newspaper requirements 21-3(d) pensation 21-21(b) Posting requirements................. 21-3(c) Powers and duties 21-21(c) Stormwater management................ 21-61 et seq. Stay of work and proceedings on ap- See: S'PORMWA'PER 1VLANAGEMENP peal 21-21(f7 Subdivision regulations 36-1 et seq. Community development department See: SUBDIVISIONS (Appendix B) Lomng regulations 45-1 et seq. Planning division 2-112(5) See: ZONING (Appendix C) Comprehensive plan Adoption 21-O1 PLANNING CO1V11VIISSION Filing fees and costs for changes Composition; conduct generally Enactment and authority........... 21-1(a) Created 21-11(a) Fee; application 21-1(c) 1Vleetings 21-11(c) Jurisdiction 21-1(b) 1Vlembership 21-11(b) Planning commission, advise of 21-1(d) Powers and duties 21-11(d) Concurrency management Zoning ordinances, changes to 21-12 Adequate public facilities available to service development 21-45 YLA'PS. See: SURVEYS, 1VLAYS AND YLA'PS Application 21-42 PLAYGROUNDS. See: PARKS, YLAY- Definitions 21-44 GROUNDS AND RECREA'PION Intent and purpose Comprehensive plan, implementor- POLICE tion of 21-43(a) Court cost ManagementJmonitoring and regula- Assessment of additional court costs for tort' program, establishment of 21-45(b) criminal justice education expendi- Minimum requirements 21-43(c) tures 1-9 Management and monitoring program Department of public safety, provisions re Amendments to CIE and annual bud- police division 2-76(b) get, recommendations on 21-46(c) See: PUBLIC SAFE'PY DEYAR'P1VIENP Aiulual public facilities update report 21-46(b) Fire division, provisions re police assis- Generally 21-46(a) tance 12-43 Proportionate fair-share program Impersonating police ofFicer 19-8 Applicability 21-48(b) Pension and certain other benefits for fire Application process 21-48(e) and police employees 2-159 et seq. Appropriation of fair-share revenues 21-48(i) See: PENSIONS AND RE'PIREIVIENP Determining proportionate fair-share Reserve force obligation 21-48(f7 Application for membership 23-43 General requirements 21-48(c) Compensation........................ 23-50 Impact fee credit for proportionate Created; purpose 23-42 fair-share mitigation 21-48(g) Director of public safety, appointment to Intergovernmental coordination..... 21-48(d) serve by 23-45 Proportionate fair-share agreements 21-48Qi) Oath required 23-47 Purpose and intent 21-48(a) Powers and duties.................... 23-48 Regulatory program Reserve list to be maintained 23-44 Exemptions 21-47(b) Resit,oration.......................... 23-46 Generally 21-47(a) Uniforms and insi~,mia................ 23-49 Supp. No. 47 2950 CODE INDEX Section Section YOLEU'PION PUBLIC SAFE'PY DEYAR'PMEN'P (Cont'd.) Smoke, dust, odors, liquids, etc........... 19-9 Divisions Stormwater management provisions re pol- Fire lutantloads 21-67 Fire fighting....................... 2-76(c)(3) Waterways, pollution of 5-13 Fire prevention 2-76(c)(4) Wellfield protection Maintain equipment 2-76(c)(2) Regulation of business activities with Report losses 2-76(c)(1) potential to contaminate land and Generally 2-76(a) water resources 19-221 Police Crime prevention 2-76(b)(3), (4) PRECEDING, FOLLOWING Investigation 2-76(b)(3) Definitions and rules of construction 1-2 Patrol 2-76(b)(2) Radio 2-76(b)(6) YROFANI'PY Records 2-76(b)(1) Vulgarlanguageprohibitedinpublicplaces 19-65 'I~aff`ic 2-76(b)(5) Emergency medical services 11.5-21 et seq. YROYER'PY See: EMERGENCIES Abandoned real property Additional authority 15-18 PUBLIC WORKS DEYAR'PMEN'P Applicability 15-13 Director's duties........................ 2-84 Definitions 15-12 Divisions Immunity of enforcement ofFicer....... 15-17 Division of facility and fleet mainte- 1Vlaintenance requirements............ 15-15 nance 2-85(1) Purpose and intent 15-11 Refuse disposal....................... 2-85(2) Re~,ristration of abandoned real property 15-14 Street maintenance 2-85(3) Security requirements 15-16 Abatement of public nuisances on private R property 14-79 et seq. See: NUISANCES RABIES CON'PROL Appearance plan (Appendix A). See that Provisions enumerated 4-42 et seq. subject See: ANIMALS AND FOWL Boats, docks and waterways; unlawfully RADIOS anchored or moored vessels Noise control 19-104 Unclaimed vessel to be sold; certifica- Police division, provisions re radio mainte- tion of sale 5-22 nance............................. 2-76(b)(6) Definitions and rules of construction 1-2 Dogs on property of others 4-28(b) REASONABLE 'PINE Insurance excise taxes; property insurance Definitions and rules of construction 1-2 premiums 26-17 Noise from pro pert 19-102 RECORDS. See: DOCUMEN'PS AND YUB- l l y LIC RECORDS Subdivision regulations 36-1 et seq. See: SUBDIVISIONS (Appendix B) RECREA'PION. See: PARK, PLAYGROUNDS Unauthorized camping or lodging on public AND RECREA'PION or private property 19-11 Weeds and brush 14-79 et seq. REFUSE. See: GARBAGE AND 'PRASH See: WEEDS AND BRUSH RES'PROOIVIS PUBLIC PLACES. See: S'PREE'PS, SIDE- Parks and recreation facilities; failure to WALKS AND PUBLIC PLACES cooperate in keeping restrooms neat OP Sallltary `ZO-`Z YUBLICRECORDS. See: DOCUMEN'PSAND RE'PIREIVIEN'P. See: PENSIONS AND RE- PUBLIC RECORDS 'PIREIVIEN'P PUBLIC SAFE'PY DEYAR'PMEN'P Boats, docks and waterways; unlawfully 9 anchored or moored vessels SAND DUNES Department of public safety to impound J-19 Flood damage prevention provisions...... 12.5-45 Director's duties Desi~,mate instructor 2-75(2) SANI'PA'PION. See: HEAL'PH AND SANI'PA- Make assnmments 2-75(1) 'PION Supp. No. 47 2951 NORTH PALM BEACH CODE Section Section SCHOOLS SOCIAL SECURPPY (Cont'd.) Coin-operated amusements; proximity to Withholding and reporting agent......... 2-142 schools restricted 19-4 Withholding from wages................. 2-139 SEAWALLS SYPP'PING Bulkheads and seawalls, construction re- Spitting in public places prohibited....... 19-5 quirements re 5-69 et seq. See: BOATS, DOCKS AND WATER- SYOR'PS WAYS Golf advisory board 9-16 et seq. See: GOLF ADVISORY BOARD SEXUAL OFFENDERS AND SEXUAL YRED- A'PORS S'PA'PE Sexual offender and sexual predator resi- Definitions and rules of construction 1-2 dente prohibition 19-31 STENCH BOIVIBS SEXUALLY-ORIENPED ENPER'PAINIVIENP Excepted uses 19-82(c) Adult entertainment establishments Possession prohibited 19-82(b) Zoning regulations re. See: ZONING (Ap- Throwing or depositing 19-82(a) pendix C) S'PORIVIWA'PER 1VIANAGEIVIENP SHALL, 1V1AY Adoption 21-61 Definitions and rules of construction 1-2 Applicability 21-61 Design 21-61 SHRUBBERY. See: 'FREES AND SHRUB- Finished floor of structures, level of 21-63 BERT' Objectives of system desi~,m 21-68 SIDEWALKS. See: S'PREE'PS, SIDEWALKS Open channels and outfall ditches........ 21-66 AND PUBLIC PLACES Yost development runoff rates, volumes and pollutant loads 21-67 SIGNAL DEVICES Storm drainage facilities generally 21-64 Noise control 19-103 Stormwater retention systems 21-69 Streets SIGNA'PURE, SUBSCRIY'PION 1Vlinimum street grades 21-62 Definitions and rules of construction 1-2 Roadside swales 21-65 SIGNS AND BILLBOARDS Subdivisions, required improvements re 36-31 Code enforcement board, applicability re.. 2-173 Water quality 21-70 Country club; provisions re si~,ms......... g_2Lomng; surface water management Outdoor displays. See herein: Si~,ms and C 3 Regional BuSmess District 45-34.1(8) Outdoor Displays S'PREE'PS, SIDEWALKS AND PUBLIC Parking in violation of si~,ms 18-36 PLACES Parks, regulations re trafFic si~,ms 20-5(3) Code enforcement board, applicability re.. 2-173 Si~,ms and outdoor displays Definitions and rules of construction 1-2 Construction standards 6-117 Dogs on streets and sidewalks 4-28(a) Desi~,m standards 6-117 Excavations Exempt si~,ms 6-112 Definition 24-16 Location standards 6-117 1Vleasurement determinations 6-116 Equipment to be guarded 24-18 Liability of village 24-20 Permitted permanent accessory si~,ms 6-115 Permitted temporary si~,ms 6-114 Permits Prohibited si~,ms 6-113 Fees 24-29 Required 24-28 Provisions generally 6-111 Purpose and scope of regulations 6-110 Protective measures 24-19 Severabilit 6-118 Refilling, tamping by excavator........ 24-17 y Zoning Resurfacing by village 24-17 C-3 Regional Business District 45-34.1(7) Handbills; distribution restricted......... 19-7 Hitchhiking prohibited 19-6 SOCIAL SECURPPY Landscaping 27-31 et seq. Agreement authorized 2-138 See: LANDSCAPING Appropriations by village 2-140 1Vlissiles, throwing 19-83 Declaration of policy 2-136 1Vlotor vehicles and trafFic 18-16 et seq. Exclusions from coverage 2-137 See: 1V10'POR VEHICLES AND 'PRAF- Records and reports 2-141 FIC Social security act adopted 2-143 Obstructing passageway................. 19-47 Supp. No. 47 2952 CODE INDEX Section Section S'PREE'PS, SIDEWALKS AND PUBLIC PLACES (Cont'd.) Profanity; vulgar language prohibited 19-65 Public works department Streets maintenance division.......... 2-85(3) Sidewalks and driveways Building ofFicial, driveways to be con- structed under supervision of..... 24-44 Dangerous or abandoned driveways.... 24-46 Performance of work by village upon failure of compliance 24-47 Permits Driveway construction Application; information required. 24-58 Prohibited in certain instances 24-57 Required 24-56 Separate permits required for drive- ways and sidewalk construction 24-55 Sidewalks Constructed required in certain cases 24-41 Exceptions to requirements 24-42 Specifications Driveways 24-43(c) Generally 24-43(a) Nonconforming driveways 24-43(d) Sidewalks 24-43(b) Smoke, dust, odors, liquids, etc........... 19-9 Spitting in public places prohibited....... 19-5 Supp. No. 47 2952.1