R97-187RESOLUTION R97-/~'
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
SUPPORTING THE PALM BEACH COUNTY
MUNICIPAL LEAGUE IN ITS RECOMMENDATION
FOR AN AMENDMENT TO THE PROPOSED
CHANGES BY THE PALM BEACH COUNTY
DEPARTMENT OF ENVIRONMENTAL
RESOURCES MANAGEMENT (ERM) TO SECTION
9.4. WETLANDS PROTECTION OF THE UNIFIED
LAND DEVELOPMENT CODE; PROVIDING FOR
DISTRIBUTION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Palm Beach. County Department of Environmental
Resources Management (ERM) has proposed a modification to Section
9.4 Wetlands protection of the Unified Land Development Code which will
require ERM oversight of municipal code adoption and enforcement; and
WHEREAS, the proposed Wetlands Ordinance is adopted
pursuant to the Environmental Control Act, which only allows
municipalities the opportunity to opt-out of those regulations if the
municipality's ordinance is as restrictive or more restrictive than the
countywide regulations; and
WHEREAS, all other proposed countywide regulations are either
enumerated in the County Charter as approved by the electorate or
adopted pursuant to Chapter 125, F.S. which allows an individual
municipality the legal right to opt-out of the ordinance in accordance with
the County/MuniCipal Policy; and
WHEREAS, if the amendments are adopted pursuant to ChaPter
125, F.S. which allows an individual municipality the legal right to opt-out
of the ordinance in accordance with the County/Municipal Policy; and
WHEREAS, if the amendments are adopted pursuant.to Chapter
125, F.S., municipalities not desiring to develop their own regulations will
automatically be bound by the countywide ordinance while those adopting
their own regulations will retain their legal ability to "opt-out"; and
WHEREAS, the City Commission of the City of Boynton Beach
supports the recommendation of the Palm Beach Municipal League that
the municipalities should be afforded the same exemptions as the County
government under these regulations in fairness to all local governments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That the City Commission of the-City of Boynton
Beach, Flodda hereby supports the recommendations of the Palm Beach
County Municipal League that the amendments to Section 9.4. Wetlands
Protection of the Unified Land Development Code be adopted pursuant to
Chapter 125, F.S. and that all municipalities be afforded the same
exemptions as the County government under these regulations in fairness
to all local governments.
Section 2. The City Clerk is hereby directed to distribute copies
of this Resolution to the Palm Beach County Board of County
Commissioners, the Palm Beach County Department of Environmental
Resources Management, the Palm Beach County Municipal League and
to all municipalities in Palm Beach County.
Section 3.
upon passage.
That this Resolution shall be effective immediately
PASSED AND ADOPTED this ~,~ day of November, 1997.
~Vice Mayor ,..,
~/'/~n~
-Cite'Clerk
/f/I E/ff O A N D U,+'I
TO;
F~OM;
PAL~ 8EACH COUNTY ,~¢.UNI6~PAL L~A6UE
DATE:
October 2~, 1997
',~rdt~c~, ~chedul~d for' oc*~n by th~ Board of C~unty
has been continued to November 18. i997.
t56~) 355-4484.
Thonk you for you~