ORDINANCE NO. 17-17
AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA;AMENDING THE COASTAL MANAGEMENT AND CONSERVATION ELEMENT OF THE COMPREHENSIVE PLAN AS MANDATED BY FLORIDA STATUTES SECTION 163.3178; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY;PROVIDING A SEVERABILITY/INTERPRETATION CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature passed the Peril of Flood Act in 2015 requiring cities and counties to address the potential of sea level rise and storm surge in their respective communities; and
WHEREAS,these requirements are incorporated in Section 163.3178, Florida Statutes, and specify the Coastal Management Element in each Comprehensive Plan reflect a redevelopment component that will make a community more resilient to flooding; and
WHEREAS, proposed amendments to the Town’s Coastal Management and Conservation Element were reviewed by the Zoning and Planning Board (Land Planning Agency) at a duly advertised public hearing on August 30, 2017; and
WHEREAS, Town Council has agreed with the recommendations of the Local Planning Agency that the proposed amendments comply with the requirements of Chapter 163, and that the proposed amendments are consistent with the Town’s Comprehensive Plan; and
WHEREAS, Town Council held a duly advertised public hearing on September 13, 2017, for the adoption of the amendments and transmittal to the State Land Planning Agency.
NOW, THEREFORE, BE IT ENACTEDby the Town Council of the Town of Indialantic, Brevard County, Florida:
SECTION 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference.
SECTION 2. The Town of Indialantic hereby adopts the amended Coastal Management and Conservation Element to its current Comprehensive Plan, which amendments consist of the pages identified as Attachment A, which are incorporated into the current Comprehensive Plan.
SECTION 3.The Town Manager shall transmit the adopted amendments to the applicable agencies in accordance with State Statutes governing the review of Comprehensive Plan Elements.
SECTION 4. Severability Clause/Interpretation. In the event that any term, provision, clause, sentence or section of this Ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity, illegality, or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences, or sections of this Ordinance, and this Ordinance shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence, or section did not exist.
SECTION 5. Effective Date. The effective date of this plan amendment, if amendment is not timely challenged, shall be 31 days after the Department of Economic Opportunity notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the Department of Economic Opportunity or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Economic Opportunity.
PASSED by the Town Council of the Town of Indialantic on first reading on the 13th day of September, 2017, and ADOPTED by the Town Council of the Town of Indialantic, Florida, on finalreading on the______day of ______, 2017.
TOWN OF INDIALANTIC
______
David Berkman
Mayor
ATTEST: ______
Joan Clark
Town Clerk
1st reading:September 13, 2017
2nd reading:
Effective:
Town of Indialantic Ordinance No. 17-16
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