This Code shall be entitled the "Land Development Regulations of the Town of Lady Lake, Florida", otherwise known as the "Development Code", and may be referred to herein as the "Code."

This Land Development Code is enacted pursuant to the requirements and authority of F.S. § 163.3202, (the Local Government Comprehensive Planning and Land Development Regulation Act), the Town Charter, effective November 4, 1987, and the general powers in F.S. ch. 166, (city government), or as amended.

The Town has developed these Unified Land Development Regulations to implement the comprehensive plan and to streamline the development review process. This Code sets forth regulations, requirements and procedures governing the use and development of land for the purpose of protecting the health, safety and general welfare of the citizens of the Town and to enhance the appearance, function and livability of the Town, to the end of improving the overall quality of life within the community.

This Code incorporates new authorizations, requirements and regulations to implement the objectives and policies of the Comprehensive Plan and to ensure that all land development activities within the Town are consistent with and further the goals, objectives, policies, land uses, densities and intensities in the Town's Comprehensive Plan.

The provisions of this Code shall apply to all developments of land within the corporate limits of the Town of Lady Lake, Florida, as now or hereafter defined, and all areas under jurisdiction of the Town for land use planning and development control as specified in any applicable interlocal planning agreements.

In the interpretation and administration of this Code, all provisions shall be:

a)

Considered as minimum requirements.

b)

Deemed neither to limit nor repeal any other powers granted under state statutes.

c)

Liberally construed in favor of the Town.

Whenever a provision appears requiring the administrative official, the head of a department or some other Town officer or employee to perform an act or duty, it is to be construed to authorize delegation to subordinates to perform the required act or duty, unless the terms of the provision specify otherwise, or such delegation would be contrary to the spirit and intent of this Code.

More specific provisions of this Code shall be followed in lieu of more general provisions which may be more lenient than, or in conflict with, the more specific provision.

In the case of conflict within this Code or between this Code and other codes or ordinances, the language or provision which is most restrictive or imposes the highest standard shall apply.

If any provision of this Code or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Code which can be given effect without the invalid provision or application, and to this end the provisions of this Code are declared severable.

The following ordinances and provisions are hereby repealed:

a)

Sections 2-71 through 2-87, Chapter 2, Article III, Division 2, Code of Ordinances (Code Enforcement Board);

b)

Section 3-2, Chapter 3, Code of Ordinances (Alcoholic Beverages);

c)

Article I, Chapter 5, Code of Ordinances (Buildings and Building Regulations);

d)

Sections 7-91 through 7-100, Chapter 7, Article III, Code of Ordinances (Hazardous Waste/Health and Sanitation);

e)

Section 9-4, Chapter 9, Code of Ordinances (Mobile Home Lot Size/Mobile Homes and Recreational Vehicles);

f)

Chapter 6 (Flood Prevention and Protection), Chapter 7.5 (Landscaping and Trees), Chapter 11 (Planning), Chapter 12 (Signs and Advertising), Chapter 15 (Subdivision Regulations), Chapter 18 (Utilities) and Chapter 19 (Zoning), Code of Ordinances;

g)

Ordinance 83-2 (100) (Subdivision Regulations), and all amendments thereto and related ordinances, including but not limited to: Ordinance 84-14 (116); Ordinance 88-31; Ordinance 89-29; and Ordinance 90-11;

h)

Ordinance 83-4 (102) (Zoning Rules and Regulations), and all amendments thereto and related ordinances, including but not limited to: Ordinance 84-13 (115); Ordinance 85-5 (126); Ordinance 85-9 (130); Ordinance 85-17 (138); Ordinance 85-18 (139); Ordinance 86-7 (152); Ordinance 86-7 (153); Ordinance 86-8 (156); Ordinance 86-8 (161); Ordinance 86-8 (162); Ordinance 86-8 (163); Ordinance 86-10 (168); Ordinance 87-01 (176); Ordinance 87-01 (178); Ordinance 87-01 (181); Ordinance 87-09 (198); Ordinance 87-09 (204); Ordinance 87-09 (206); Ordinance 87-09 (207); Ordinance 87-09 (208); Ordinance 87-12 (211); Ordinance 87-10 (213); Ordinance 88-03; Ordinance 88-04; Ordinance 88-07; Ordinance 88-14; Ordinance 88-17; Ordinance 88-24; Ordinance 88-28; Ordinance 88-31; Ordinance 88-39; Ordinance 89-13; Ordinance 89-22; Ordinance 89-25; Ordinance 89-29; Ordinance 90-08; Ordinance 90-11; Ordinance 90-13; Ordinance 90-14; Ordinance 90-15; Ordinance 90-27; Ordinance 92-02; Ordinance 93-07; provided, however, Ordinance 93-15 codified in Section 5-26, Chapter 5, Article II, Code of Ordinances, shall remain in full force and effect;

i)

Any other ordinance or part of an ordinance in conflict with this Code.

The provisions of this Code shall be effective on August 15, 1994.

a)

Administrative official. The provisions of this Code shall be administered and enforced under the direction of the administrative official. The administrative official shall be the Town Manager or designee.

b)

Fees. All fees described in this Code shall be as set out by the Town Commission, based on the actual average labor cost of all expenses associated with the subject activity, including materials, labor and overhead.

There is hereby created the Technical Review Committee ("TRC") to provide technical review for all development applications authorized by this Code.

a)

Membership and organization. The TRC shall consist of the following individuals or their designees: Public Works/Town Engineer, Building Official, Police Department representative, Town Planner, and the Growth Management Director. A designated representative of the Growth Management Department shall be the custodian of the comments and shall serve as the liaison with the applicant. On an as needed basis, the TRC may request the assistance of other professionals, experts and personnel.

b)

Review. Applications may be considered by the individual members of the Technical Review Committee at any time. Upon submittal of an application and full payment, the application will be distributed to the individual committee members. Individual committee members, without meeting on the substance of the application, shall summarize and deliver to the applicant all comments. The response to the applicant shall consist of one of the following:

1)

Comments to the applicant that outline the necessary corrections to be addressed by a subsequent submittal;

2)

A Department of Growth Management letter indicating that the application is sufficient to advance to the next stage for review, along with the dates as scheduled for the public hearing process; or

3)

The Town Manager shall grant final approval for certain applications as authorized by the Land Development Regulations, when they are found to be sufficient through the TRC.

c)

Meetings. The TRC shall not meet or confer regarding an application or their comments unless a TRC meeting is called by the Town Manager to review applications which, in the Town Manager's sole discretion, warrant a public TRC meeting due to the scope of the development or other issues concerning the development. TRC meetings, when and if called, shall be noticed to the public and be open to the public in accordance with Florida law.

d)

Additional review fee. Where it has been determined by the Technical Review Committee that the applicant has not addressed the comments as provided by the committee after two (2) full reviews of the application, the applicant shall remit a fifty dollar ($50.00) review fee as part of the application for a third review and all reviews thereafter, if any.

(Ord. No. 2012-02, § 1(Exh. A), 2-22-2012; Ord. No. 2014-04, § 1(Exh. A), 7-7-2014)

There is hereby created the Town of Lady Lake Planning and Zoning Board to review comprehensive planning policies and specific development applications as required by this Code, and provide recommendations to the Town Commission on planning and land development related matters.

a)

Membership. The Planning and Zoning Board shall consist of five (5) members appointed by, and serving at the pleasure of, the Town Commission. Members shall be qualified electors residing in the Town.

1)

Members shall be appointed for two (2) year terms. A member whose term expires may continue to serve until a replacement is appointed.

2)

Members shall hold office as indicated above through February of the year such member's term expires.

3)

Members may be removed without notice or without cause by a majority vote of the Town Commission.

4)

If any member fails to attend two (2) of three (3) consecutive meetings without cause and without prior approval of the chairman, the board shall declare the position vacant and request a replacement be appointed by the Town Commission.

5)

When a vacancy occurs prior to the expiration of a term, the Town Commission shall appoint a member to fill the vacancy for the duration of the term within thirty (30) days after the vacancy occurs.

6)

No member of the board shall be an elected official of the Town.

b)

Organization and procedures.

1)

The board shall annually elect a chairman and vice-chairman from among its members in the month of March.

2)

The board shall adopt rules of procedure in accordance with this Code and applicable law to carry out its functions and duties.

3)

The board shall meet on the second Monday of each month, unless canceled by the board or its chairman, and at such additional times as requested by the chairman or Town Commission.

4)

A quorum shall consist of a majority of the members of the board.

5)

The Town shall provide a recording secretary to keep minutes of the board's meetings.

c)

General functions and duties.

1)

The board shall obtain and review information necessary to prepare and amend the Comprehensive Plan, Development Code of the Town, and the Official Zoning Map of the Town.

2)

The board shall monitor the operation and effectiveness of the Comprehensive Plan and this Code, and recommend amendments to the Town Commission.

3)

The board shall conduct public hearings and perform other duties as required by the Code.

(Ord. No. 2005-40, § l (Exh. A), 8-4-2005; Ord. No. 2008-20, § l (Exh. A), 7-21-2008; Ord. No. 2012-02, § 1(Exh. A), 2-22-2012; Ord. No. 2014-04, § 1(Exh. A), 7-7-2014)

a)

Code Enforcement Special Magistrate.

1)

The Town Commission shall appoint one (1) or more persons to act in the capacity of a Special Magistrate to hear cases involving violations of the Town of Lady Lake Code of Ordinances and the Land Development Regulations.

2)

In order to serve as a Code Enforcement Special Magistrate (hereinafter referred to as "Special Magistrate"), a person must be either a lawyer in good standing with the Florida Bar or a Florida Supreme Court certified mediator.

3)

The Town shall include within the statement of violation and notice of hearing the date, time, and location the Special Magistrate will hear the case.

b)

Jurisdiction and powers. The Special Magistrate shall have jurisdiction to hear and decide cases involving alleged violations of any provision of the Town of Lady Lake Code, the Land Development Regulations, or any resolution duly enacted by the Town Commission. The Special Magistrate shall have all powers granted by applicable law, in accordance with the F.S. ch. 163, or as amended.

c)

Enforcement procedure.

1)

The Growth Management Director or designee shall have the duty of enforcing the various codes pursuant to this chapter. The Special Magistrate shall not have the power to initiate enforcement proceedings pursuant to this chapter. The Growth Management Director or designee shall accept anonymous Code violation complaints.

2)

If a violation of a Code provision is found, the Growth Management Director or designee shall notify the alleged violator of the violation and give the alleged violator a reasonable time, in light of the nature of the violation, to correct the violation. Should the violation continue beyond the time specified for correction, the Growth Management Director or designee shall schedule a hearing in front of the Special Magistrate and provide written notice to the alleged violator of a scheduled hearing in the manner prescribed in subsection (d). If the violation is not corrected by the time specified for correction by the Growth Management Director or designee, the case may be presented to the Special Magistrate even if the violation has been corrected prior to the hearing, and the notice shall so state.

3)

If a repeat violation is found, the Growth Management Director or designee shall notify the alleged violator, but shall not be required to give the alleged violator a reasonable time to correct the violation. The Growth Management Director or designee, upon notifying the alleged violator of a repeat violation, shall schedule a hearing, and shall provide written notice to the alleged violator of a scheduled hearing in the manner prescribed in subsection (d). The case may be presented to the Special Magistrate even if the repeat violation has been corrected prior to the hearing, and the notice shall so state. If the repeat violation has been corrected, the Special Magistrate shall retain the right to hold a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. For purposes of this chapter, a repeat violation means a violation of a provision of a code or ordinance by a person who has been previously found to have violated or who has admitted violating the same provision within five (5) years prior to the violation, notwithstanding the violations occur at different locations.

4)

Notwithstanding the provisions of paragraphs (1), (2), and (3) [above], if the Growth Management Director or designee has reason to believe a violation presents a serious threat to the public health, safety and welfare or if the violation is irreparable or irreversible in nature, the Growth Management Director or designee shall make a reasonable effort to notify the alleged violator and may immediately schedule a hearing in front of the Special Magistrate.

d)

Written notice.

1)

All written notices required by this section shall be provided to the alleged violator by certified mail, return receipt requested, to the owner of the property in question at the address listed in the property appraiser or tax collector's office for tax notices and at any other address provided to the Town by such owner (hereinafter collectively "owner's address"). If such notice is returned as unclaimed or refused, notice shall be provided by posting and by first-class mail directed to the owner's address or by leaving the notice at the alleged violator's usual place of residence with some person of his or her family above fifteen (15) years of age, and informing such person of the contents of the written notice; or in the case of commercial premises, leaving the notice with the manager, registered agent, or other person in charge.

2)

In addition to providing written notice as set forth in subsection (a), written notice may also be served by publication or posting as provided in F.S. § 162.12(2).

3)

Evidence that an attempt has been made to hand deliver or mail notice, as provided in subsection (1) together with proof of publication or posting as provided in subsection (2), shall be sufficient to show that the notice requirements of this part have been met without regard to whether or not the alleged violator actually received such notice.

e)

Public hearings.

1)

Upon request of the Growth Management Director, a hearing in front of the Special Magistrate shall be scheduled. Minutes shall be kept of all hearings before the Special Magistrate and proceedings shall be open to the public. The alleged violator shall be given at least fifteen (15) days' written notice of the hearing, pursuant to the provisions of subsection (d), above. The Special Magistrate is a quasi-judicial official and shall follow all statutes and common law concerning ex parte communications.

2)

Each case before the Special Magistrate shall be presented by the Town.

3)

The Special Magistrate shall proceed to hear cases on the agenda for the day of the scheduled hearing. All testimony shall be under oath or affirmation, and shall be recorded. The Special Magistrate, Town Attorney, Town Clerk, or Deputy Clerk shall have power to administer oaths and affirmations. The Town and the alleged violator shall have the right to call and examine witnesses, introduce exhibits, cross-examine opposing witnesses, impeach witnesses and rebut evidence. All persons appearing before the Special Magistrate shall be sworn in prior to giving any testimony relevant to the case. However, hearings shall be informal and need not be conducted according to technical rules of evidence.

4)

Any relevant evidence shall be admitted if determined by the Special Magistrate to be the sort of evidence upon which reasonable and prudent persons are accustomed to rely in the conduct of their affairs, regardless of the existence of any common law or statutory rule which might make such evidence inadmissible in civil actions. Hearsay evidence may be used to supplement or explain other evidence, but shall not be sufficient in itself to support a finding of fact unless it would be admissible over objection in a civil action. The Special Magistrate may exclude irrelevant or unduly repetitious evidence.

5)

After the conclusion of the hearing, if enforcement action is necessary, the Special Magistrate shall issue findings of fact and conclusions of law in the form of an order of enforcement, which shall command whatever steps are necessary to bring a violation into compliance by the time set in the order. The order of enforcement may include a notice that it shall be complied with by a specified date and that a fine may be imposed if the order is not complied with by such date. At the discretion of the Growth Management Director or designee and based upon the individual circumstances of a case, a certified copy of such order of enforcement may be recorded in the public records of the county prior to compliance and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property and the findings therein shall be binding upon the violator, and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If such an order of enforcement is recorded in the public records pursuant to this section, and the order is complied with by the date specified in the order, the Special Magistrate shall issue an order acknowledging compliance, which shall be also recorded in the public records of the county.

6)

The Town Clerk or the clerk's designee shall maintain all official records and orders of the Special Magistrate.

f)

Subpoena powers. The Special Magistrate, the Growth Management Director or designee, or the alleged violator may request that witnesses and evidence, including records, surveys, plats, and other materials be subpoenaed for any Code enforcement hearing. Subpoenas, if requested in writing at least ten (10) days prior to the hearing, shall be signed by the Special Magistrate. Subpoenas may be served by the sheriff, or in any other manner provided by law. Proof of such service shall be made by affidavit of the person making service if not served by an officer authorized by law to do so.

g)

Decisions and orders.

1)

The Growth Management Director or designee, or the violator may appeal a final administrative order of the Special Magistrate to the Circuit Court of the Fifth Judicial Circuit in Lake County. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Special Magistrate. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed.

2)

Every order of enforcement entered by the Special Magistrate shall be in writing, and shall include findings of fact and conclusions of law, and shall contain a notice that the violation(s) shall be complied with by a specified date or that the stated fine will be imposed; that an administrative fee may be imposed; and that the violator shall have twenty (20) days from the imposition of the fine to request a due process hearing before the Special Magistrate to appeal the fine but such hearing shall not be a hearing de novo. Requesting a hearing on the order of enforcement shall not toll the time for appeal to the Circuit Court sitting in Lake County, Florida.

3)

Every order of enforcement entered by the Special Magistrate shall be filed in the Office of the Clerk for the Special Magistrate. A copy of the executed order shall be mailed, regular mail and certified mail, to the owner's address.

4)

The Special Magistrate shall, in every proceeding, reach a decision without unreasonable or unnecessary delay.

h)

Orders of enforcement; liens. Reduction of fine; liens.

1)

The Growth Management Director or designee having knowledge that an order of enforcement has not been complied with by the time set out in the order of enforcement, may cause to have the certified order of enforcement recorded in the public records of the county along with an affidavit of noncompliance.

a)

A fine imposed pursuant to this section shall not exceed two hundred fifty dollars ($250.00) per day for a first violation and shall not exceed five hundred dollars ($500.00) per day for a repeat violation. However, if the Special Magistrate finds the violation to be irreparable or irreversible in nature, the Special Magistrate may impose a fine not to exceed five thousand dollars ($5,000.00) per violation.

b)

In determining the amount of the fine, if any, the Special Magistrate shall consider the following factors:

i)

The gravity of the violation;

ii)

Any actions taken by the violator to correct the violation; and

iii)

Any previous violations committed by the violator.

2)

The violator shall have the right to request a hearing in front of the Special Magistrate to challenge the imposition of a fine, as contained in the order of enforcement, provided such hearing is requested within twenty (20) days of the date of imposition of the fine. If the hearing is timely requested, it shall be scheduled as soon as practicable in front of the Special Magistrate. The hearing shall be limited to consideration of only those new findings necessary to imposing the fine as contained in the order of enforcement and shall in no event be a complete re-hearing of the case. If the violator fails to make a timely request for a hearing on the imposition of a fine contained in the order of enforcement, the order shall remain as recorded in the public records of Lake County, Florida. Requesting a hearing on the order of enforcement shall not toll the time for appeal to the Circuit Court sitting in Lake County, Florida.

3)

A certified copy of an order of enforcement shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the Circuit Court, such order shall be enforceable in the same manner as a court judgment by the sheriff, including execution and levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this section shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever shall first occur. After three (3) months from the filing of any such lien which remains unpaid, the Special Magistrate may authorize the Town Attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest, attorney fees, and costs pursuant to the provisions of F.S. § 162.09.

4)

No lien created pursuant to this chapter shall continue for a period longer than twenty (20) years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction.

5)

Upon complying with the order of enforcement as executed by the Special Magistrate, the violator may request a hearing to ask for a reduction of fine accrual of the order of enforcement. Such request shall be made in writing addressed to the Growth Management Director or designee. Upon receipt of such request, Growth Management Director or designee shall verify that the violator has complied with the order of enforcement, and if in compliance, shall schedule the reduction request to be heard by the Special Magistrate. A request for reduction of fine shall not toll the time for filing an appeal of the order of enforcement to the Circuit Court. Should the Special Magistrate recommend a fine reduction, the Town Clerk shall place the fine reduction recommendation on the next available regular commission meeting agenda to consider approval of the Special Magistrate's recommendation. Upon approval, the Town Commission shall authorize the Mayor to sign an amended order or any other legal document necessary to satisfy or reduce the lien.

a)

Stipulation agreements. In the event that a potential purchaser/owner desires to remedy the outstanding violations on a property or properties where liens have continued to accrue, the Town of Lady Lake may extend the opportunity to enter into a stipulation agreement with the potential purchaser/owner for a lien reduction prior to compliance with the order of enforcement. The agreement shall be written in a manner so as to set a specific timeframe to achieve compliance for each violation on the property or properties; in turn, the purchaser/owner shall be provided assurance from the Town that the lien will be reduced by providing a specific amount to which the lien will be set when compliance is achieved. The initial recommendation of Town staff shall be to set the reduction to twenty-five (25) percent of the value of the property if the accrued liens have exceeded that amount, or to five thousand dollars ($5,000), whichever is less. The Town Commission retains the right to reduce the amount further or to not reduce the amount at all based upon the evidence of the party seeking to enter into the agreement. This agreement shall be presented to the Town Commission for approval to form, and signed and recorded with the Lake County Clerk of the Courts. Should the terms of the agreement not be satisfied by the date as specified in the agreement, the agreement shall become null and void; in addition, the conditions of the original lien will remain in effect, thus the time elapsed over the course of the allotted performance period shall be included in the lien accrual. An individual who has failed to comply with the terms of a stipulation agreement will not be extended an opportunity to enter into another stipulation agreement on the same property or properties under any circumstance. However, both parties may agree to an extension or modification of the agreement prior to the expiration date of the original stipulation agreement in circumstances where hardships may have arisen through no fault of the potential purchaser/owner.

i)

Conflicts. All ordinances or part of ordinances in conflict with any of the provisions of this section are hereby repealed.

j)

Severability. If any section, sentence, phrase, word or portion of this section is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word or portion of this chapter not otherwise determined to be invalid, unlawful or unconstitutional.

(Ord. No. 2005-11, § 2(Exh. A), 5-19-2005; Ord. No. 2007-29, §§ 3-1—3-11, 10-18-2007; Ord. No. 2012-02, § 1(Exh. A), 2-22-2012; Ord. No. 2014-04, § 1(Exh. A), 7-7-2014; Ord. No. 2016-24, § 1(Exh. A), 8-15-2016)

Editor's note— Ord. No. 2014-04, § 1(Exh. A), adopted July 7, 2014, amended the catchline of § 1-83 to read as herein set out. Said section was formerly titled "Code Enforcement Board/Special Magistrate."
 Ord. No. 2005-11, § 1, adopted May 19, 2005, repealed § 1-83 in its entirety. Section 2(Exh. A) of said ordinance enacted new provisions to read as herein set out. Prior to amendment, § 1-83 pertained to similar subject matter and derived from the original Land Development Code Regulations.

State Law reference— Code enforcement boards and special magistrates, F.S. § 162.01 et seq.

a)

Authority. This section is enacted pursuant to, and in accordance with, provisions of F.S. ch. 163 (Local Government Comprehensive Planning and Land Development Regulations), or as amended.

b)

Designation and establishment of local planning agency. Pursuant to, and in accordance with, F.S. § 163.3174, or as amended, the Town Commission is hereby designated and established as the local planning agency for the incorporated territory of the Town.

c)

Organization. The local planning agency shall consist of the five (5) elected officials to the Town Commission and their term shall run concurrently with their terms as Town Commissioners. The officers of the local planning agency shall be the same officers as the Town Commissioners.

d)

Rules of procedures. The local planning agency shall follow the same rules of procedures as the Town Commission and may adopt any additional rules of procedures they may deem necessary and expedient when sitting as the local planning agency.

e)

Public meetings and records. All meetings of the local planning agency shall be public meetings and all agency records shall be public records. The local planning agency shall encourage public participation.

f)

Appropriation of funds. The local planning agency, in accord with the fiscal practices thereof, has the authority to expend all sums so appropriated and other sums made available for use from fees, gifts, state or federal grants, state or federal loans, and other sources, provided, however, acceptance of loans must be approved as the Town Commission.

g)

Financial support for staffing and work. The Town Commissioners, sitting as the Town Commission, as well as sitting as the local planning agency, is hereby authorized to provide financial support for the staffing and work of the agency, and may provide for the financial support and staffing as they may deem necessary and expedient.

h)

Comprehensive Plan. The local planning agency may designate any agency, committee, department or person to prepare the Comprehensive Plan or any element thereof, but the final responsibility for the recommendation of the adoption of the plan shall be the responsibility of the local planning agency.

i)

Powers and duties. The local planning agency, in accordance with F.S. ch. 163, or as amended, shall:

1)

Conduct the comprehensive planning program and prepare the Comprehensive Plan or elements or portions thereof for the Town.

2)

Coordinate the Comprehensive Plan or elements or portions thereof with the comprehensive plans of other appropriate local governments and the state.

3)

Monitor and oversee the effectiveness and status of the Comprehensive Plan.

(Ord. No. 2012-02, § 1(Exh. A), 2-22-2012; Ord. No. 2014-04, § 1(Exh. A), 7-7-2014)

a)

Purpose and intent. The Lady Lake Parks, Recreation and Tree Advisory Committee is hereby established to advise the Parks and Recreation Department of needed recreation and beautification projects in the Town's parks and green areas: and for the purpose of identifying and formulating programs to promote the beautification in the Town through the planting of new trees and the protection of existing trees and to assist with the formulation of a comprehensive tree plan for the Town of Lady Lake.

b)

Duties. The Lady Lake Parks, Recreation and Tree Advisory Committee shall serve as an advisory board to the Lady Lake Town Commission and shall be responsible for the following duties in addition to other Town wide park related activities:

1)

To identify needed improvements to our parks and green areas;

2)

To foster the communication among the citizens of the Town and to accept and relay new ideas for recreation and park and green area improvements;

3)

To make recommendations to the Parks and Recreation Director on needed equipment, potential safety hazards, and make recommendations for the purchase of parks and recreation related items;

4)

When requested by the Lady Lake Town Commission, to consider, investigate, make findings of fact, report, and make recommendations upon any special matter or question coming within the scope of its duties;

5)

To provide recommendations to the Town Commission regarding landscaping materials (plant species), landscaping buffers, and landscaping plans as prepared for major site plan applications to be considered by the Town Commission.

c)

Members; qualifications; appointments. The Lady Lake Parks, Recreation and Tree Advisory Committee shall be comprised of initially seven (7) members who are residents of the Town of Lady Lake and membership may be reduced to five (5) members through attrition. Members shall serve without compensation and shall be appointed by the Mayor with a consensus from the Town Commission.

d)

Terms. As this board was combined from members of both the Tree and Beautification Committee and the Parks and Recreation Advisory Board, the members shall continue their current terms. In the event a vacancy occurs and the remainder of the current term is more than three (3) months, the position shall be filled for remainder of the term. In the event a vacancy occurs and the remainder of the term is less than three (3) months, new appointments shall complete the term that has been vacated and serve a two (2) year term thereafter.

e)

Election and terms of officers. The Lady Lake Parks, Recreation and Tree Advisory Committee shall elect a chairperson and a vice-chairperson to serve as officers for a one (1) year term. The Town will provide a staff member to take minutes at the meetings. Members shall not serve for more than two (2) consecutive terms as officers in the same position.

f)

Meetings; Sunshine Law. The Lady Lake Parks, Recreation and Tree Advisory Committee shall set a regular schedule for meetings and shall coordinate with the Lady Lake Town Clerk to assure that notice of the meetings has been posted in accordance with Florida law. The Town Manager may call a special meeting of the committee in the event a matter warrants the timely attention of the committee. There must be a quorum at all meetings. In accordance with Florida law, the Lady Lake Parks, Recreation and Tree Advisory Committee members are subject to Florida law regarding open meetings and may not discuss with any other committee member matters that are pending before the committee or are reasonably anticipated to come before the committee unless such discussions occur at a duly noticed public meeting of the committee.

g)

Quorum. A quorum in the meetings of the Lady Lake Parks, Recreation and Tree Advisory Committee shall consist of a majority of the committee members. In the event the chairperson and the vice-chairperson are not at the meeting, the board will vote on the person to act as chairperson for the meeting.

h)

Attendance at meetings and removal. Faithful attendance at the meetings of the Lady Lake Parks, Recreation and Tree Advisory Committee is essential to the effectiveness of the committee. Any member missing three (3) consecutive meetings may be removed from the committee by the Lady Lake Town Commission. Any member not able to attend a regularly scheduled meeting must give notice to the Town Clerk or designee, who shall be responsible for notifying the chairperson. In the event the chairperson is not able to attend a regularly scheduled meeting, the chairperson shall notify the Town Clerk or her designee, who shall be responsible for notifying the vice-chairperson.

i)

Rules; records of proceedings. The Lady Lake Parks, Recreation and Tree Advisory Committee shall adopt rules for the transaction of its business and shall keep a record of its members' attendance. The rules shall be modeled after Robert's Rules of Order. The committee secretary shall keep a record of its discussion, recommendations, findings and minutes, and shall provide the Town Clerk or designee with all such records which shall be public record on file in the Town Clerk's Office. The committee's records shall be provided to the Town Commission on a quarterly basis for its review.

j)

Report to Commission. The committee shall prepare a quarterly report to be provided to the Lady Lake Town Commission for its review and consideration along with a copy of the committee's records of its meetings.

k)

Severability. If any section, sentence, clause or phrase of this section is held to be invalid or unconstitutional by any court of competent jurisdiction, that holding shall in no way affect the validity of the remaining portions of this section.

(Ord. No. 2005-55, § 1(Exh. A, §§ 1—12), 11-03-2005; Ord. No. 2012-02, § 1(Exh. A), 2-22-2012; Ord. No. 2014-04, § 1(Exh. A), 7-7-2014)

Editor's note— Ord. No. 2014-04, § 1(Exh. A), adopted July 7, 2014, amended the catchline of § 1-85 to read as herein set out. Said section was formerly titled "Tree and Beautification Advisory Committee; established."
 Ord. No. 2005-55, § 1, repealed § 1-85, in its entirety. Section 1(Exhibit A, §§ 1—12), of said ordinance, enacted new provisions to read as herein set out. Prior to amendment, § 1-85 pertained to similar subject matter and derived from Ord. No. 2005-28, §§ 1—12.

Editor's note— Ord. No. 2019-15, § 1(Exh. A), adopted Sept. 18, 2019, repealed § 1-86, which pertained to economic development advisory committee and derived from Ord. No. 2012-02, § 1(Exh. A), adopted Feb. 22, 2012 and Ord. No. 2014-04, § 1(Exh. A), adopted July 7, 2014.