Loading...
HomeMy WebLinkAboutOrdinance_557_03/08/2001ORDINANCE NO. 557 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AI~'fENDING CHAPTER 7, OF THE CODE OF ORDINANCES OF THE VILLAGE OF TEQUESTA RELATING TO THE COMMUNITY APPEARANCE BOARD, BY AMENDING SECTION 7-7, POWERS AND DUTIES AS THE OFFICIAL TREE BOARD OF THE VILLAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. C~ J .WHEREAS, the Village Council of the Village of Tequesta finds that the protection of certain trees is necessary to preserve the history and the natural environment of the Village; and ':WHEREAS, the Village Council of the Village of Tequesta desires to establish reasonable regulations for the protection and preservation of trees that are (significant to the history of the Village, the State ~lof Florida, of the Nation, and/or which exemplify a i ~~native tree specie; and WHEREAS, the Code of Ordinances of the Village of Tequesta presently does not contain language enabling the Tree Board to recommend to the Village Council a tree as historic or as a significant landmark; NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. PURPOSE That the Village of Tequesta Code of Ordinances Chapter 7, "Community Appearance Board", Section 7-7, entitled "Powers and duties as the official Tree Board of the Village" is hereby amended, as set forth herein. Section 2. SCOPE Sec. 7-7. Powers and duties as the official Tree Board of the Village. In addition to the functions provided pursuant . to the other provisions of this chapter, the Community Appearance Board shall constitute the official Tree Board of the Village of Tequesta and • as such shall: 1. Annually develop and present to the Village Council a written community tree management program and supporting work plan, which, upon acceptance by the Village Council, shall constitute the official comprehensive tree plan for the Village. 2. Annually, prepare plans for a Tequesta Annual Arbor Day ceremony, for approval by the Village Council. 3. Make recommendations to the Village Council upon any matter coming within the scope of its work, as deemed necessary. 4. Make recommendations to the Village Council ~~ that certain trees located within J' his-~-or~c,,hA`k'~~ej~ Village be designated as specimen or or w,.dla~~e,r~. i historic trees. In making such a determination, the Tree Board shall consider, but not be limited to, the • ~ following criteria: ~i a. The significance of the tree as a ~~ '~! village landmark. %' b. The significance of the tree due to high value because of its size, age and/or historic value. c. The significance of the tree to the i history of the Village, State of Florida or the Nation. i 5. Perform any other duties assigned by the '~ Village Council. ,~ I Section 3. SEVERABILITY If any court or 'i competent jurisdiction shall hold any word, part, section, paragraph or provision hereof to be unlawful or unconstitutional, such ruling or finding shall not affect the remaining portions of 'I this Ordinance, which shall remain in full force ~, ~ and effect. ~ • ~ ~~ Ii official Tree Board of the Village of Tequesta and as such shall: 1. Annually develop and present to the Village Council a written community tree management program and supporting work plan, which, upon acceptance by the Village Council, shall constitute the official comprehensive tree plan for the Village. 2. Annually, prepare plans for a Tequesta Annual Arbor Day ceremony, for approval by the Village Council. 3. Make recommendations to the Village Council upon any matter coming within the scope of its work, as deemed necessary. 4. Make recommendations to the Village Council that certain trees located within the Village be designated as specimen, historic, native or endangered trees. In making such a determination, the Tree Board shall consider, but not be limited to, the • following criteria: a. The significance of the tree as a village landmark. b. The significance of the tree due to high value because of its size, age and/or historic value. c. The significance of the tree to the history of the Village, State of Florida or the Nation. 5. Perform any other duties assigned by the Village Council. Section 3. SEVERABILITY If any court or competent jurisdiction shall hold any word, part, section, paragraph or provision hereof to be unlawful or unconstitutional, such ruling or finding shall not affect the remaining portions of this Ordinance, which shall remain in full force and effect. • • Section 4. REPEAL OF CONFLICTING ORDINANCES All Ordinances or part of ordinances in conflict herewith shall be and the same are hereby repealed. Section 5. CODIFICATION This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta, Florida. Section 6. EFFECTIVE DATE This Ordinance shall become effective immediately upon passage. THE FOREGOING ORDINANCE was offered by Councilmember Schauer who moved its adoption. The Ordinance was seconded by Councilmember ~~P,. and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Joseph N. Capretta • Elizabeth A. Schauer Sharon D. Walker Geraldine A. Genco Basil E. Dalack The Mayor passed and A.D, 200~I. ATTEST: thereupon declared the Ordinance duly adopted this ~,~, day of °)~~ oann Mangani llo • Village Clerk Resolutioh\ordinances\Historic Trees L MAYOR OF TEQUESTA