Riviera Beach City Council on Feb. 5 considered whether to impose a planning moratorium limiting activity under the city’s IHC PUD zoning district — a move requested by one councilmember specifically for the CRA area on Singer Island — but no moratorium ordinance was adopted.
Legal framework: Outside counsel Tanya Early told council moratoria are legally permissible but must be narrowly tailored, rationally related to a legitimate government purpose and limited in duration. She said 6 months is the most common initial period and that extensions are possible for good cause. Early also advised moratoria should be enacted by ordinance and advertised consistent with state law.
Arguments at the dais and public comment: Councilmembers and members of the public debated Singer Island’s resilience and utility capacity, with several speakers asking the city to pause new approvals until the comprehensive plan and infrastructure studies (stormwater, sewer force mains, coastal protection) are updated. Mark Weldon and Brian Cohen, developers who said they are investing in Riviera Beach, opposed a moratorium and urged council to evaluate projects on their merits; others, including Singer Island residents and councilmembers who live on the island, asked for a pause to study traffic, evacuation routes and the condition of submarine force mains and seawalls.
Staff context and timing: Clarence Sermons said there were no active IHC PUD applications on Singer Island in process (only pre-application meetings) and that the full comprehensive-plan update is expected to return to council in the second quarter of the year. Sermons and outside counsel said a moratorium limited to Singer Island’s CRA area would be legally possible if council could articulate a rational basis and a reasonable time frame.
Outcome: Multiple motions to impose a moratorium were made during the meeting; one motion to adopt a six-month moratorium and proceed with infrastructure and comprehensive-plan work was proposed but died for lack of a second. Council did not adopt a moratorium and did not approve any ordinance on the matter during the meeting.