HomeMy WebLinkAboutOrdinance_404_06/14/1990r
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ORDINPu'VCE Pd O. 404
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, ADOPTING BY
REFERENCE, THE PALM BEACH COUNTY "COASTAL PROTECTION
ORDINANCE", ORDINANCE N0. 90-2, AS AMENDED; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE Village Council of the Village of
Tequesta, Florida as follows;
Section 1, Chapter 14 of the Code of Ordinances of
the Village of Tequesta is hereby amended by adopting and
incorporating into the code the Palm Beach County "Coastal
Protection Ordinance", Ordinance No. 90-2, as amended, and as
fully as if set forth at length herein as the Coastal
Protection Ordinance of the Village of Tequesta.
Section 2. Severability. If any provision of this
Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or
applications of this Ordinance which can be given effect
without the invalid provisions or applications, and to this
end, the provisions of this Ordinance are riereby declared
severable.
Section 3. Codification. This Ordinance shall be
codified and made a part of the official Code of Ordinances of
the Village of Tequesta.
Section 4. Effective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided
by law.
THE FOREGOING ORDINANCE was offered by
Councilmember Earl L. Co1lin~s who moved its
.adoption. The Ordinance was seconded by
Councilmember William E. Burckart and Upon being
put to a vote, the vote was as follows:
FOR ADOPTION
William E. Burckart
Joseph N. Cat~xetta
Earl L. Colli
Edwaxd C. Howell
AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed
'and adopted this 14th day of June 1990.
.~I ATTEST:
MAYOR OF TEQUESTA
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J epY'i N. Capretta
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illage Cler
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ORDINANCE N0. 90-2 ~I
• AN ORDINANCE OF THE BOARD OF COUNTY COHI4ISSIONERS OF
PALM BEACH COUNTY, FLORIDA, TO BE KNOWN AS THE COASTAL
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WHEREAS, 1n ado tin thts Ordinance the Board seeks to
P g Protect the
PROTECTION ORDINANCE; PROVIDING A SHORT TITLE AND
APPLICABILITY; PROVIDING AUTHORITY; PROYIOIN6 A 2 natural functioning of the beach/dune system and encourage restoration of
PURPOSE; PROVIDING DEFINITIONS;• PROVIDING
JURISDICTION; ESTABLISHING A COASTAL PROTECTION ZONE 3 destroyed beaches and dunes, to protect and enhance the coast and to•derote
ANO A SAND PRESERVATION ZONE; PROVIDING FOR 6ENEAAL
PERMITSI PROVIDING FOR PERMITS; PROYIOiN6 PERMIT FEES; 4 I
, these areas to oral those limited land uses which
y Preserve, protect and
PROVIDING AN APPEAL PROCESS; PROVIDING FOR YIOtATIONS, 5 enhance the natural environment of the beaches and dunesi and
ENFORCEMENT AND PENALTIES; PROVIDING FOR REPEAL OF
LAYS IN CONFLICT; PROVIDING FOR SEVERABiLITY;
PROVIDING FOR INCLUSION IN CODE Of LAYS AND 6 WHEREAS, a ermltttn ro ram 1s necessar in order to
P 9 D 9 Y provide for
ORDINANCES; ANO ESTABLISHING AN EFFECTIVE DATE. 7 uniform regulation in a timely manner of any proposed alteration which world
WHEREAS, Section 125.01, Florida Statutes, authorizes the Board of .8 I create any impact on the environment, natural beauty, or level of stop
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County Commissioners of Pale Beach County to provide and uintaln standards 9 I protection provided by the beach and dune system; and
for the citizens of said County which insure their health, safety, and well 10 ~ WHEREAS, the lead agency for reviewing and permitting coastal protects
being including programs for conservation and flood and beach erosion control; 11 ( in Palm Beach County is the Department of Environmental Resources Management.
12 ( NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY C019/ISSIONERS OF
and .
l3 PALM BEACH COUNTY, flOR1DA:
WHEREAS, the Board of County Comalssionars adopted Ordinance No. 72-12
on August Y2, 1972 and Ordinance No. 78-20 on September 22, 19181 and 14 Section 1. Short Title: Aoolicabtlity.
WHEREAS, consideration has been given to ground elevations in relation 15 1.01 This Ordinance shall be known as the 'Pala Beach County Coastal
to historical storm and hurricane tides, predicted maximum xave run-up, Mach. 16 Protection Ordinance' and repeats and replaces Palm Baaeh County Ordinance
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and offshore ground contours, coastal vegetation, erosion trends, dunes, and 17 1 72-12 and Ordinance 78-20,
• 18 1.02 The recitations set forth in the 'WHEREAS' paragraphs above are
existing upland development; and
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WHEREAS, the Board of County Commissioners of Palm Beach County has• 19 incorporated by reference herein-as findings of fact upon which this Ordinance
determined after consideration of the above described factors that nex 20 is based.
regulations establishing a construction setback 11ne as set ,out below are 21 1.03 All provisions of this Ordinance shall be effective within the
necessary for the protection of upland properties. the control of beach 22 ~
~ unincorporated and Incorporated areas of Pala Beach County, Florida, and shall
erosion, hurricane protection, coastal flood control, and shoreline and
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set restrictions, constraints and requirements to preserve aid protect the
24 coastal beaches, dunes, and coastal xegetation.
'offshore rehab111tatton;-and
WHEREAS, even under exlstlog regulations destruction or loss of dunes 25 1.04 County funds for dune restoration or shore protection protects 1n
has Laken place throughout much of coastal Pali Beach County and• has 26 municipalities shall be contingent upon this Ordinance being fully enforced
contributed to the erosion of the shore, feopardtzing the safety of structures 27 or the adoption and enforcement• of a equally stringent or more stringent
behind the dunes and upland of the beaches; and 28 ordinance by a municipality. funding determinations shall be based on the
WHEREAS, 1n adopting this Ordinance, the Board recognized the importance 29 Departments' review and acceptance or refection of a munlcipality'z
of preserving and protecting the dune system as a vital physical feature of .30 replacement ordinance.
the natural environment possessing outstanding geological, biological, 31 1.05 This Ordinance shall apply to any acttrity that has the potential
recreational, scenic and protective value for this and succeeding generations 32 to adversely Impact the coastal beaches and dunes in Palm Beach County within
33 ~ the limits of furlsdlctlon.
of citizens; and
34 1.06 This Ordinance shall be liberally construed to effect the purposes
35 set forth herein. •
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~ctlon 2. Authority
This Ordinance is adopted under the authority of Chapter 125, Florida .
Statutes.
$~ctlon-3. Purpose
The purpose of this Ordinance is to preserve and protect the integrity
of the coastal beach and dune frog any activity which would tend to
destabilize the dune or reduce the ability of the coastal beicb and dune to
respond naturally to storm events.
. $~rtion 4. Oefinitlons
4.01 'Alter(ation)' or 'Materially alter' shall wan the removal,
addition. •or moving of sand; the removal or addition of any regetatlon by
planting or transpianting; or the destruction, pruning, cutting, or trlming
of any regetatlon but shalt exelud• the removal of seedlings, runners,
suckers, and saplings (less than ten (10) fact in height) of exotic plant
spades. It shall also mean any construction, excavation or placewnt of a
structure which has the potential to adversely affect coastal biological
resources, the control of beach erosion, hurricane protection. coastal flood
control or shoreline and offshore rehab111tation. - ,
4.02 'Beach' shall mean the zone of unconsolidated material that
extends landxard from the mean high water line of the Atlantic Ocean to the
place where there is a marked change 1n material or physiographic form, or to
the line of permanent vegetation, usually the effective limit of storm waves.
'Beach' 1s alternately termed 'shore'.
4.03 'Beach Cleaning' shall mean the clearing or burying of seaweed,
dehris. dead fish, or trash or the contouring of ;.the beach Dy raking and
• leveling, provided that such activity shall not dts#urb existing btacb or dune•
vegetation. Such activity shall not change the f1n~i ground eltratioss
greater than one foot.
4.04 "Beach Fill' shall mean sand placed on the beach.-
4.05 "Board' shall eK•an the Board of County Coenissioners representing
Palm Beach County. -
4.06 'Coastal Protection Zane' shall wan an area of Jurisdiction
established by this Ordinance. This zone extends from the mean high water
line of the Atlantic Ocean to a line twenty-flue (25) feet landward of the
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;rest of the dune or the State of Florida Coastal Construction Control Line.
rhichaver is more landxard.
4.07 'Coastal vegetatioe' shall se3aa all native plant species
Indlgenavs to Palm Beach County's beaches and dunes. The coastal vegetation
~pecles recomwnded for use are provided in the Appendix.
4".08 'Crest of the dune' shall Wean the highest point in elevation of
the dune. -
4.09 'Department' shall scan the Palm Beach County Department of
Environmental Resources Nanagewnt acting on behalf of Palm Beath County.
4.10 'Dune' shall mean a hill or ridge of windblown sand and marine
deposits lying landward of, and adJacent to, the beach which is formed by
natural and artificial processes. ~
4.11 'Ewrgency' shall wan any unusual incident which results to
immediate danger to the health, safety. welfare or resources of the residents
bf the County, including damages to or erosion of any shoreline resulting from
a hurricane, storm, or other such violent disturbance.
4.12 'Endangered, Threatened, Rare, and Species of Special Concern'
vans any species listed as endangered. threatened, rare, or of special
concern by one or more of the following agencies: -
(a) U.S. fish and Wildlife Service.
(b) Florida Gaw and Fresh Water Fish Comisslon.
(c) Florida Committee on Rare and Endangered Plants and Mimals.
(d) Florida Department of Agriculture
(e) Treasure Coast Regional Planning Council.
4.13 'Excavation'•shall mean removal or displacement of soil. sand, or
vegetation by the process of digging, dredging, cutting, scooping, or
,hollowing out.-
4.14 'Motor vehicle' includes any auto, car, ran, truck. tractor,
aatorcycle, dune buggy, moped, or other similar vehicle, but excludes
wheelchairs and emergency rescue vehicles.
4.15 'Sand' shall mean sedtwnts having a dlstrlbutlon of particle
diawtert between .074 and 4.76 millimeters. .
4.16 'Sand Preservation Zone' shalt wan an area of~jurlsdlction.
established by this Ordinance, for the purpose of oalntalnin9 the volume of
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beach sand within the beach/dune system. This tone extends from the mean high
water line•of the Atlantic Ocean to a line six hundred (600) feet landward.
4.17 'Seedling, sapling, runner, or sucker' shell mean any young plant
or tree 1n early stages of growth.
4.18 'Structure" Includes anything constructed or erected temporarily
or permanently on the ground or attached to saesthing having a penanant
location on the ground and shall include houses, pools, patios, garages,
gazebos, shore protection devices, pavement, signs. walls, bulkheads, fences,
radio towers, or other types of construction with Interior surfaces, but
excludes 1lfsguard stinds.
Section 5. ~urlsdictlon ind Prohibitions •
S.O1 Tho Department shall have regulatory authority over all
alterations (as defined 1n Section 4) to the beaches and dunes. This
Ordinance establishes txo zones of Jurisdiction - the Coastal Protection tone
and the Sand Pruervatlon Zone.
5.02 The Coastal.Protectlon Zone is established for the purposes of
protecting the integrity of the coastal beach•and•dune system. This zone
extends fros the mean high water line of the Atlantle Ocean to aline twenty-
five (25) feet landward of the crest of the dune or the State of Florida
Coastal Construction Control Line, whichever 1s more landward.
5.03 The Sand Preservation Zone is established for the purposes of
maintaining the volwe and quality of beach sand presently existing within the
hooch/dune system. Tho unique eheraetartsttes of the sediments eontainod is
the existing boaehos and dunes of the County require the preservation of Chase
materials within the beach/dune system. The Sand Preservation Zone extends
from the mean high water line of the Atlantle Ocean to a line six hundred
(600) feet landward.
5.04 Within the limits of Jurisdiction of thi Coastal Protection Zone
as defined in this section:
(a) no person, firm, corporation, wnielpality, sptelal district or
public agency shells
(1) construct any structure{
(2) place any soil, sand or material;
(3) make any exeavationl •
(4) remove any existing soil, sand or belch material er otMrwise
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• alter existing ground elevations;
(S) alter, damage or cause to be damaged any sand duAe or
coutal vegetation, or;
(6) drive any motor vehicle;
on, over or across any beach or sand dune without first having
obtained•a.penlt from Palm Beach County as provided for in this
Ordinance. Nothing herein shall prevent official motor vehicles
of any governmental agency from traversing any sand dune or beach
in the perfoniance of official duties provided the vehicle
operators avoid coastal vegetation whenever possible.
(b) 1t shall M a violation for pedestrians to traverse the dune
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within two hundred (200) feet of a public dune walkover except by
use of the walkover.
~ S.OS Within the limits of turisdletlon of the Sand Pruervatton Zone
as defined 1n this section, no person, tin, corporation, municipility.
special district or public agency shall remove any beach or dune sediments
from their property xithout first having obtained a penit from -alm Beach
County as prorldsd for in tA1s Ordinance.
Section 6. 6eaeral Permits .
6.01 Ceearal Permits may M issued for the proposed construction of
dune walkovers, installation of utility transmission lines, dune revogotatloa
protects of less than 4000 square feet, minor fill protects with less than
200 cubic yards of fill placed on lass than 1000 square feet and routine dune
matntonanee activities. 8onoral Permits shall M issued provided the propesed
protect complies with the criteria specified in Section 6.17. Applicants with
proposed protects that do not mast the criteria for a Ganaral Permit must
apply for a Permit (see Section 7).
6.02 General Permit applications shall be made on a forty approved by
the Department. The Oepartment may•make u-e of fora already 1n use by state
snd/er fedora) ageneta.
6.03 An application shall not be deemed complete until the application
fee and any and all intarsatlon necessary to fully understand the extent,
nature, and potential impacts of a proposed protect are reeetved by the
Department. Such lnforsiatlon mar include, but is cot limited to: ~•
(a) a completed application form;
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(b) an explanation of the purpose and necessity of the protect;
(e) a description of construction techniques and schedules;
(d) photographs of existing conditions which slay include aerial
photographs;
(e) plans showing profile and plan views including elevations of
proposed and existing structures, dune and vegetation, and;
(f) .sediment analysts of existing dune and beach and any proposed fill
material;
6.04 Where an applieatlon is wade for work in common areas of a
multi-family residential site (i.e., condosiniws, apartments, townhouses,
villas, etc.) the representative association, or all of the bemeowners as a
group, shall be the applicant. The Department shall not process an
appllcatlon made by one unit owner in a multi-family setting where the work
is proposed on lands designated as, or can reasonably be considered to be,
common areas.
6.05 Upon receipt of an applieatlon, the Department shall have twenty
(20) days to request any additional Information pursuant to Section 6.03
above. ,. ~.
6.06 If the Department does not make a request for additional
information within twenty (20) days of receipt of an application or requested
information, the appllcatlon shall be deemed complete upon receipt-
6.07 Failure to respond to a Department request for any additional
information within sixty (60) days may result in the application being dented
without pratudice. However, the Department may grant an extension of time as
1s reasonably necessary to'fu1f111 a request for additional information.
6.08 Upon receipt of a completed appllcatlon and tie. the Oepartant
shall~hava forty-five (45) days to take final action nntess'the applicant
agrees 1n writing to a time extension or waiver of this requirement. Final
agency fiction shall be General Permit issuance, conditional ieneral Penit
issuance, or aotice of inapplicability under the 6enanl Permit criteria.
6.09 My General Permit. appllcatlon contatatng false information may
be retected and any General Permit issued based upon false Information may be
revoked. ~ .
6.I0 General Permits may be issued by the Ospartaw:nt xlth a duration
of one (1) year with annual renewal conditioned upon 6eaer><1 Permit
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2 6.11 The Department uy attach conditions to any General Permit where
3 such conditions are deemed•reasoaably aeassary to protect the environmental
4 Integrity of the subtect site, or areas of potential Impact.
5 ! 6.12 My appllcatlon received that 1s substantially the semi as a
6 previous appllcatlon that has bees denied by the Department shall also be
7 denied without further processing.
8 6.13 My site or applicant that 1s subtect to or recipient of a notice
9 of violation or aotice of General Persitt noncompliance that remains unresolved
10 shall not be issued a Oepartment General Permit or Permit.
I1 6.14 My substantial modification to a complete application, or to as
12 Issued General Permit, .shall require as amended application forty and an
13 I additional appllcatlon fee pursuant to Section 8 of this Ordinance and shalt
14 restart the liar periods of this Secttoa. .
lS 6-I5 The previsions of this section shall not apply. to structures,
16 plantings, and alterations existing or Hader construction as of the effective
I7 date of this Ordinance provided, however, that such existing structures aswl
18 those structures ender construction, an not axpsnded hayond the
19 specifications of their respective plans existing and approved as of the
20 effactiw data of this Ordlnana. ,
21 6.16 General Permits issued under this ,Ordinance shall not be valid
22 unless the proposed project compiles with all other ordinances administered
23• by the Department.
24 6.I7 Criteria for issuance of a General Permit
2S M application for a 6ener:l Permit will ba evaluated to verify that the
26 protect will not adversely impact the consarvatlon of wildlife or their
27 habitats with special emphasis placed upon the protection of Endangered,
28 Threatened, Rare, and Species of Special Concern. Tha application will also
29 be evaluated to verify that the proposed protect will not adversely impact the
30 stability of the dune or the natural exchange of sand betxeen the beaches and
31 dunes. Specific criteria that oust be met are:
32 (a) Duna Walkovers
33• (1) Privately owned structures cannot exceed four (4) feat is
34 widtA-
35 i (2) Publicly owned structnres camrot exceed eight (8) feet 1a
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xidth.~
' 2 (3) The xalkover shall be located 1n an ana that x111 ensure
3 sinisal disturbance to exlstlpg satire vegetation.
4 Construction activity shall+distdrb the siniaus aenunt of
5 vegetation and in na case. shall such disturbance exceed a
6 total swath four (4) feat widgr than the xalkover.
• 7 (4) Tha slope of the xalkover shall catch the slope of the dune
g as closely as possible while still seating applicable
9 building codes for stairs.
10 (5) Design criteria shall sect the Florida Oepartseat of Natural
I1 Resources requireaents.
12 (b) Utility Transaission Lines
13 Installation of public utility transmission lines ender a General
I~ Parwit shall not alter native coastal vegetation.
15 (cj Ysgatation Trleeing
16 (I) A General Parslt for trimming of dune vegetation for a view
17 way be lssuad~ provided the activity sects tbe• criteria
Ig ostabTlshad in the 'Ou1de11nas for Dune Naiatenance'
19 (Appendix).
20 (2) tondltions that may be attached to a General Parsit for
21 triening include removal of exotic vegetation rithin the
22 Coastal Protection Zone and impleexatatlee of a debris
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• neaval progras which shall require the periodic removal of
24 all human sanufaetured Items from the Deacb system,
• 2S preferably by hand.
26 (3) A General Permit for trlmning is an aaaual General PeMt
27 and a request for renewal .say W lade is writing to the
28 Department. The request lust include current photos of the
29 perwitted activity for the purpose of aiding tM Department
30 1n determining compliance.
;1 (d) Dune Revegetation and Filling
32 Repair and reregotatlon of the dune is strongly encouraged
• 33 provided the activity wets the criteria 1a '6u1de11nas for Dune
34 ~ Nalntenance' (Appendix). Dune revegetation projects of less than
3S 2000 square feet or Nnor fill projects with less thaa 20 cubic
1 yards of fill placed on less than 2000 square feet on the subject
2 property over a period of ono year x111 ba axespt fros the General
3 I Perrit fee requiresent.
4 (e) Beath Cleaning Activity
5 I (1) Beach cleaning equlpsent x111 ba persitted on the beach
6 provided that sechanized equipsent is not used wlthio
7 fifteen (15) feet of the toe of the dune or within fifteen
g (15) feet of any existing coastal vegatatien. Existing
9 coastal vegetation specifically includes isolated patches
10 of pioneer plants-and seedlings.
I1 I (2) Naturally occurring organic debris such as seaweed shall ba
12 left on the beach. Ths debris say ba either left 1n placa
13 or raked into piles. Tha piles say ba buried in a
14 continuous line along the beach or placed at the base of an
15 nnvegetated dune scarp provided that achanlzed equlpant
16 1s not used within fifteen (25} fast of the toe of the dune
17 or within fatten (15) teat of any existing vegetation.
Ig Trash and 1lttor~ such as plastics shall bo reewved fros the
19 beach and properly disposed of at a nsource recovery
20 facility er recycling center. Raked debris sball not be
22 placed on adjacent property without per*lssion troa~ the
22 adjacent property owner.
23 (3) Access for Desch cleaning equip~ent is restricted to access
24 points approved by the Department and the Florida Department
25 of Natural Resources.
26 (f) Exotic Vegetation Removal
27 Resoral of exotic vegetation is encouraged provldid the removal
28 tikes place in a canner that results 1n the least aewunt of impact
Y9 to existing native dune vegetation. Reewval of seedlings~
•30 runaers~ suckers and saplings (loss than tan (10) feat to height)
31 ~ of exotic plant species does not require a penal. In cases where
32• trees and stumps an nsoved and dauge is unavoidable dorin9 the
33 reearal process. all cleared ones x111 ba nvegetated with
34 appropriate coastal vegatation~ according to the list provided 1a
3S •6uide1lnas to Duna Naintenanca' (Appendix) and x111 bo placed
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1n appropriate natural zones on the dune profile.
2 ~~ (9) Emergency Repairs ~ 2
. 3 `) Emergency repairs shall include placevent of fill, rack or 3
{ eoncrete~ rubble to protect structures
in luatnent danger of
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sustaining damage from storm waves.. 5
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6 Seetton 7. Pereilts
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7 7.01 All proposed projects that do not meet the General Penit criteria 7
8 may be processed according to the requirements of this section. 8
9 1.02 Persit appllcatton:• shall be made on forms approved by the 9
10 Department. The Department may make use of forms already in use by state 10
ll end/or federal agencies. 11
12 7.03• M application shall not be deemed complete until the application li
13 fee and any and all information necessary to fully understand the extent, 13
14 nature, and otential im acts of a
P p proposed project an received by the 1{
l5 Department. Such infonaation may include, but is not liwited to: 15
16 (a) a completed application form; ., 16
17 (b) an explanation of the necessity and purpose of the project; 77
18 .r
~ (e) a description of construction techniques and schedules; 18
19 (d) photographs of existing conditions which may include aerial 19
20 photographs; ~ 20
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(e) plans. showing profile and plan views including •lerations of the 21
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proposed structure,. dune and vegetation; 22
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(f) sediment analysts of existing dune and beach aM any proposed fill 23
24 material; 2{
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(g) engineering modals and predictions, and; 25
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(h) biological evaluation of the proposed projecb site 26
27 7.0{ Notification of Affected Parties 27
- 28 It shall D~ the raspons1bi11ty of the applicant to notify in writing and 28
29 provide a copy of the appllcatton, to owners of all properties adjacent to the 29
30 - property containing the proposed project or within 300.feet of the proposed 30
31 project for which a Permit is requested. Mhere the adjacent property 1s a 31
12 multi-family residential site (1.e. condominiums, apartments, townhouses, 32
33 villas, etc.), the representative association or ail of the homeowners as a 33
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group shall be notified. The notification must also be submitted in a format 31
35 approved by the Department. However, where the property for which the Penit 35
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is sought~is part of, or adjacent to, property owned by the same person, the
three hundred foot distance shall be measured from the boundarlas of the
entire ownership: except that notice need not be mailed to any property owner
located Bore than one-half mile (2,6{0 feet) from the property for which the
Permit is sought. For th• purposes of this requirement, the names and
addressee of property owners shall ba deemed those appearing on the property
appraiser's records of Palm Beach County. Comments received from notified
property owners x111 be evaluated and considered during the permitting
process. Issues pertaining to this Ordinance related to shoreline erosion and
environmental protection that are railed by notified property owners x111 be
addressed by the County during the evaluation of application caspleteness.
Nettfled property owners must submit coaew:nts within thirty (30) days to be
considered during the evaluation of application completeness.
7.05 Mhen an appllcatton is made for work 1n common areas of a multi-
tatly residential site (i.e., condominiums,•apartwnts, townhouses, villas,
etc.), the representative association, or all of the homeowners as a group,
shalt M the applicant. TAe Departmknt shall not process an appllcatton made
by one unit owner 1n a multi-faintly setting when the work is proposed on
lands designated as, or can reasonably be considered to be, cbmon areas.
'7.06 Upon receipt of an application and proof provided by the applicant
that ail notifiable property owners hate been notified of the proposed
project, the Department shall have thirty (30) days to request any additional
infonation pursuant to Section 7.03 above. M1th1n thirty (30) days of
receipt of such additional information, the Department may request only that
information needed to clarify such additional infonaatlon ar to answer new
questions raised by or directly related to such additional inforwation.
7.01 If the Department does not make a request for additional
taformation within thirty (30j days of receipt of an appllcatton or requested
information, the application shall be deeeed complete upon receipt.
7.08 If ,an applicant falls to respond to a Oepartaent request for an
appllcatton fee, or any additional lnforutlon, within sixty (60) days, the
application may be dented without prejudice. However. the Department may
grant an extension of time as is reasonably necessary to fulfill the request
for additional information.
7.09 Upan rnetpt of a completed application and fee, the Departaent
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shall have ninety (90) days to take final action unless the applicant agrees
in writing to a time extension or waiver of this requireneat. Final agency
action shall be Permit Issuance. Penalt denial. ar conditional Permit
Issuance.
7.10 My application containing false lnformatloa'may be ejected rnd
any Permit Issued based upon false information may be evoked.
1.11 Department Penits may b• issued with a duration period that 1s
reasonably necessary to complete the project not to exceed two (2) years.
7.1Z The Department may attach conditions to nay, Permit where such
conditions ire deemed reasonably necessary to prated the eavlreemaatal
integrity of the subject site or areas of potanttat lmpad.
7.13 My appllcitton received that 1s substantially the same as a
prevloJs application that has been dented by the Department shall also be
'denied without further processing.
7.14 My site or applicant that /s subject to er recipient of a :iotice
of violation or notice of Permit noncompliance that nmaiea' unresolved :ball
not be issued c Department General Permit or omit.
• 7.15 My substantial modlfleatlon to a cempiate applicatien..er to as
Issued Partlt, shall require an amended app11ut1om tarsi and an additiemal
applleatton fe• pursuant to Section 8 of this Ordinaau and shall restart all
time periods of this Section.
7.16 The provisions of this section shall not apply to strectrres
existing or under construction as of the •ffectlw data of this Ordinance
provided, however, that such existing structures and these structura under
construcitort. are not expanded beyond the speclflutioas of their respective
plans and approvals ixisting as of the affective date of this Ordinance.
• 7.17 Criteria for issuance of a Permit
A Permit may be Issued pursuant to this Ordinance provided that the
applicant submits to the Department evidence that the fellwing criteria will
bs met:
(a) The applicant must deeanstrate lrlth adegwte eaglneerlag data that
• the proposed project x111 not adnrsely affect tbe.matural
exchange of sand within tba beach/dme system, the cantrel of
beach erosion. and the level of stop protection.
{b) The proposed project will not adversely impact the coaserration
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of wildlife or their habitats with special eiphasis placed upon
the protection of Endangered,~Threztened. Rare, and Species of
Special Concern. ~ ~ • • ~ ~ ~ •
(c) The proposed project does net adversely impact the itability of
the dune.
(d) There shall be ao net loss of sand from the Sand Preservation
Iona. Sand temporarily excavated from the Sand Preservation Iona
shall be returned to the Sam Preservation Ioae prior to the
explration'dat• of the Permit. In addition. the sand may not be
degraded by mixing with any sediment, sett, or raterial that is
not approved by the Departmaot.
Section 8. Fees
8.01 A schedule of tees is adopted to supplement the cost of evaluating
and Issuing General Per>,its and Penlts and monitoring capllaace of Issued
General Pirrits and Permits.
8.02 Permit application tees :hail be noa•refundable.
8.03 All application fees paid by check shall be made payable to the
'Palm 8aac! County Board of County Commissioners.'
8.04 The schedule of fees shall ba based upon the level of rerlw
accessary to process penits and x111 be divided into three categories:
(a) General Permit 5100.00 (except minor restoratten projects as
described under 6.17(d) for rhich all fees ire waived.)
(b) Permit SS00.00
(c) All fees for General Penits and Permits.issuad to mualclpalitles
• or ether governmental agenelss shell be waived.
Section 9. Anneals
any affected party may appeal a final determination of the Department
made pursuant to this Ordinanu to an appeal board appointed by resolution of
the Board of County Comissioners . A written notice of •appeal shalt be filed
by the applicant with the Director of the Oeparteknt within twenty {20) days
from receipt of the decision appealed from, setting forth is detail the
factual basis for such an appeal. the appeal shall be reviewed at a hearing
by an appeal board xlthln.sixty (60) days'of submittal of all docnmeatatton
needed to eralu2te the request. Thc, eppeal board :hail enter a decision by
written ender net less than ten (10) days follwlag conclusion of the hearing.
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. 1 ~~ The order shall Include findings of fact and conclusions of lax and shall be
2 deemed final administrative action. An applicant or the Department ray appeal
3 ~ a final decision of the appeal board xlthin thirty (30) days of the rendition
4 of the decision by filing a petition for Mrit of Ce~tlorari to Circuit Court
5 of the Fifteenth Judicial Cirtutt 1n and for Palm Beach County, Florid:.
6 Section ]O. Violations. Enforcement. Penalties.
7 10.01 Any structures, projects or alterat'fons which would have been in
d ~ violation of Pale Beach County Ordinance No. 72-12, as amended. during 1tt
9 effcctlve period, shall continue to be violations nailer tA1s Ordinance but
10 shall be subject to prosecution under the terms of Ordiaanco No. 72-1i as
11 amended.
12 10.02 Failure to comply xith the requirements of this Ordinance or aay
13 permit; or approval granted or authorized 'hereunder shall constitute a
14 violation of this Ordinance: Ytolattons of the provisions of this Ordinance,
1S upon conviction, shall be punished by a fine not to exceed T1ve hundred
16 dollars (5500) per violation, per day, or by 1rprlsonment im tM County jail
17 not to exceed sixty (60) days, ~r by both floe and imprisammat pursuant to
18 the provisions of Soction 125.69, Florida Statutes. Sod rloTatton ray ba
19 deemed a separate offense for each. day during any portion of which any
20 violation 1s coeoltted or continued. Additionally, damage to the beaches,
21 dunes or coastal vegotatton ray result 1n an order to reston to pre-existiag
22 site conditions. In addition to the saneLlons contained herstn, the County
23 and/or other municipal entity may take aay other appropriate legal actiea,
24 including, but not limited ta, administrative acttea aad requests• ter
2S temporary and permanent injunctions to enforce the prorisieas of this
26 Ordinance. It is the purpose of this Grdlnaaee to provide additloaal
27 cumulattva remedies.
28 10.03 Violations of this Ordinance shall be referred by the Department
29 to the Groundwater and Natural Resources Protection Board for corrective
30 I actions and c1v1] penalties and coordinated with the appropriate municipal
31 ( entity, if applicable.
32 ~ i0.04 All monies collected pursuant to this Ordinance shall be
33 deposited in the Pollution Recovery Trust fund.. '
31 Section ]l. Repeal of laws in Conflict
. 3S All loco] laws and ordinances applying to Palm Beach County to conflict
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with any provisions of this Ordinance are hereby repealed. Subject to the
provisions of paragraph 10.01 above, Pal^ Beach County Ordinance 72-12, as
amended, is hereby expressly repealed. ~.
Section 12. Severabilttr
if any settle, paragraph, sentence, clause, phrase, or xord of this
Ordinance 1s for any reason held by a court to be unconstitutional;
inoperative, or void, such bolding shall not affect the remainder of this
Ordlnana.
Section 13. indusien in the Code of Laxs and Ordinances
The provisions of this Ordinance shall became and bo sude apart of the
code of laws and ordinances of Pal^ Bach County, florlda. ~ The Sections of
this Ordinance uy be renumbered or relettered to accompllsA such, and the
,cord •ordlnaace' ray be changed to 'soctlon,' 'article,' or any other
~'approprtate word. .
APPROVED ANO ADOPTED by the Board of County Comisstaners of PaL Beach
County on tM 16th day of Jawarr ~ lg9o, '
BOARD OF COUNTY COF9IISSIONERS
OF^PALM BEACH COUNTY, fLORI~0J1_
+_L~
APPROVED AS TO FORM AND JOHN 8. DUN((~E; CtERX:. ~ .
LE SUFFIC Bas County h ': o ' ± i
DEMRY Cti~1n,~'w~' • r~ ~~ • t .
my ey ;:r,~ci.a
Ac owl erect by the Department of State of the 5tato.ot Florida, on
this, th 3 t day of Jarram , 19 9O
EFF 7Es Ac a emen rom ]Tii 0 ar~s~e A of State rnetved
oa the nil day of e~, 1990 , at ~Or N., and filed in
the Of cf~ a of the Cle o a and o~ounty his onars of Pal^ Beach
County, Flarlda.
I REV.
1-12-90
STA;`Gf fLOrseA~C'
i, ;OhN 0. Du.~ jta , e'
D~11TED ei Xest - '
lOfiN B. OU. ~ !G
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2 . GUIDELINES FOR ROUTINE DUNE MAINTENANCE
3 INTRODUCTION
4 Because of the important role which coastal vegetation plays in the preservation
5 of beaches and dunes, and because this vegetation 1s of extremely high ecological
6 value, Palm Beach County has made the removal, alteration, destruction or
1 damaging of coastal vegetation illegal without obtaining a permit from the
8 County.
9 Certain routine dune maintenance activities, such as removing exotic pest plants
10 from the dune, conducting restoration plantings, and creating viewing corridors
I1 or 'windows", may require a permit from the County. These guidelines outline
12 the types of activities which will be considered for approval by the County under
13 a General Permit and provide guidance which should be followed for approval.
14
15 Native vegetation preserves beaches and dunes because the root systems of beach
16 plants retard the erosion of sand, while leaves, limbs, stalks, etc., act as sand
11 collectors and provide organic nutrients to build up the dunes and beaches.
18 Depending upon the type of rooting structure and the density of foliage, coastal
19 vegetation will provide for varying degrees of continued growth of the dunes
20 which form a buffer area and give protection from storm damage to coastal
21 structures and property. Without the stabilizing and accreting effects of
22 vegetation, the dunes will be eroded by wind and water, and will lose their
23 protective capability. Because the beaches and dunes need constant protection
24 from human activities, it is important that the coastal vegetation is not only
25 preserved, but also adequately maintained, and, if necessary, replanted.
26 A profile of plant material in the coastal system typically includes a 'pioneer
27 zone' on the seaward side, a 'scrub zone' landward of the pioneer zone, and a
26 'forest zone" located further inland. The pioneer zone is the area closest to
29 the wind and wave action of the active beach xhere grasses such as sea-oats
1 (Uniola oaniculata), vines such as Pailroad vine (Ioomoea aes-caorae), and other
2 low lying plants are dominant. Any existing vegetation in this zone should be
3 carefully preserved. When vegetation 1n the pioneer zone has been damaged by
4 pedestrian or vehicular traffic, or other activities, restoration planting should
5 be undertaken. Further upland of the pioneer zone the vegetation generally
6 changes to shrubs and other woody plants which form the scrub zone. Widespread
1 cutting, trimming, hedging, etc., of woody plants seaward of the coastal
B construction. line in the scrub zone for the purpose of improving visibility of
9 the beach from upland areas constitutes poor coastal zone management and will
10 not be permitted. Where old dunes exist and have become stabilized and protected
11 from salt spray, the forest zone becomes evident. The ground cover in this
12 zone may consist of a variety of trees, including sea-grape (Coccoloba uvifera)
13 understory shrubs, and other scrub zone plants. Mature native plant comaunlties
14 in this forest zone should be left intact because of the mafor role they play
15 in protecting inland structures from severe storn winds and flooding.
16 Although coastal vegetation provides the best protection for beaches and dunes,
17 much of the native vegetation of Palm Beach County has already been lost. In
18 addition, in those areas where remnant coastal vegetation exists, exotic pest
19 plants, such as Australian pine {Casuarina spp.) and Brazilian-pepper (Schinus
20 terebinthifoli~ ), have begun to invade the coastal community. This exotic
21 vegetation reduces habitat for native plants and wildlife, may be aesthetically
22 unappealing, and can increase coastal erosion. Whenever possible, these exotic
23 plants should be removed from the coastal system.
24 THE PERMITTING PROD cc
25 To obtain either a General Permit or a Permit for conducting any activities
26 identified in the County's Coastal Protection Ordinance as being otherwise
27 prohibited, a person must complete a permit application form which is available
2B at the Department of Environmental Resources Management, .3111 South Dixie
29 Highway, Suite 146, West Palm Beach, Florida. Certain information and
30 documentation (e.g. evidence of any applicable Federal and/or State permit(s)
31 for the proposed work) may be required to accompany the application from, per
32 the specific terms of the County's dune ordinance; a checklist is available from
33 the Department of Environmental Resources Management which identifies all permit
1 2
I application requirements for pero:its.
• I I. Plant Selection
2 The County will either approve or deny the issuance of a General Permit within 2 All plants used for restoration plantings in coastal areas must be
3 'forty-five (45) calendar days after receiving a completed application (including 3 selected fraa the attached Approved Plant Lists. Plants shall be
4 both the application form and all required accompanying documents) and a non- 4 selected according to the vegetation community being restored:
5 refundable permit application fee. This period of time will enable the County 5 pioneer zone, scrub zone, or forest zone. The use of exotic plants
6 staff to review the application materials thoroughly and to visit the site where 6 will not be permitted under a general permit. A partial list of
1 the work is proposed, if necessary. 7 prohibited exotic plants has. been provided for reference purposes
8 only. For pioneer zone plantings, 70-90x of the number of plants
8 General Permits and Permits will be issued more promptly during a declared state 9 installed must be sea-oats (Uniola oapiculata). The remaining 10-
9 of emergency provided the applicant can provide sufficient documentation of 10 30X of the number of plants must be comprised of other species found
10 emergency conditions to satisfy the terms of the County's Coastal Protection 11 on the Approved Plant List for pioneer zone plantings.
I1 Ordinance. For a sufficiently documented emergency project, the County will
12 issue General Permits and Permits immediately upon receipt.of the completed 12 2. Minimum! Diversity Required
13 application. 13 All coastal restoration plantings must meet certain minimum diversity
I 14 requirements in order to ensure high quality restoration design.
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The County will notify the applicant when a decision has been made regarding
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For pioneer zone plantings, a minimum of five (5) species of native
15 permit approval or denial. Verbal notification of issuance of a General Permit 16 plants must be used. For scrub zone plantings, a minimum of six (6)
16 shall be considered sufficient for' approved work to commence. No work may 17 species of native plants must be used. For forest zone plantings,
II commence under a Permit until the applicant has paid the applicable permit fee 18 a minimum of•six (6) species of native plants must be used. The
l8 and received a written Permit from the County. 19 species mix will be formulated to match as closely as possible the
- 20 species wix of any nearby natural dune communities. For projects
21 of under one hundred (100) plants, an alternative planting design,
I9 GENERAL PERMIT CRITERIA FOR DUN RESTORaTION wD 22 incorporating fewer species of plants, may be proposed by the
20 YEGETATjON TRIMMING ACTIVITIES 23 permittee, and may be permitted at the discretion of the County.
2l A. Restoration Planting 24 3. Plant Sizes
22 Mhere coastal vegetation has been destroyed by human activities or erosion, 25 In pioneer zone plantings, one (I) gallon containers or smaller are
23 it is usually desirable to replant native dune vegetation. Restoration 26 generally used. In scrub zone plantings, three (3) gallon
24 plantings may be required following the removal of exotic plants fros the 27 containers or smaller should be used. In forest zone plantings,
25 dune, following addition of sand, or in con~unctlon with the trimming of 28 seven (1j gallon containers or smaller should be used. The
26 "viewing windows." The objective of these guidelines is to provide for 29 exception to this rule applies to saw palmetto (Serenoa reoens),
27 high quality planting designs, and thus to ensure the long term health of 30 and cabbage palm (Sabel palmetto). These two native palm species
28 the coastal system. Restoration planting projects will be approved 1f they 3I may be specified 1n ball and burlap (838), or in larger containers.
29 meet the following criteria:
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1 4,. collected Plant Material Prohibit d i 7. Fertilizer and Irrigation
2 ~ • Plants collected from wild or semi-wild areas will not be permitted 2 The goal of any fertilization and irrigation program is to provide
3 for coastal plantings. This includes, but is not limited to, saw 3 sufficient nutrients 1n the early growth stages to encourage rapid
4~ palmettos and cabbage palms, unless collected from bona fide 4 development of roots and vegetation of the newly established
5 development sites along the coast of Palm Beach County. If material 5 planting. However, it must be recognized that native dune plants
6 other than nursery grown material is specified, the burden of proof 6 are adapted to survive in an environment that is naturally deficient
7 will be upon the permittee to show that such material will be, or 7 in nutrients and moisture and should be managed with this
e has been, collected from legitimate donor sites. 8 understanding. After the successful establishment of the plants,
g no additional fertilization or Irrigation should be necessary under
g 5. Plant Location and Arrana n ~ 10 normal circumstances. Alternative plans may be approved in areas
10 Plant material should be located upon the dune according to its 11 experiencing active erosion at the discretion of the Department..
I1 natural habitat. Plants should be arranged in a random and diverse 12
i2 manner. No rows or other unnatural geometric patterns will be 13 (a) Fertilization
13 permitted. Although different plants should be interspersed among 14 The one-time use of fertilizer to aid in the establishment of
•14 each other, some clumping of specific species is recommended. 15 coastal plantings is encouraged. If fertilizer 1s used any
A I6 one of a variety of fertilization mixes and schedules may be
15 6. Plant Density 17 used. Some examples are:
16 Plant density shall be determined based upon the need to provide 18 (1) A mix of such as Osmocote 18-6-12 (40%), Milorganite
17 vegetative coveN as quickly a possible on the dune. Plant numbers 19 (40X) and Triple Super Phosphate (20X). One tablespoon
18 should be based on an average spacing of twelve (12) to eighteen (18) 20 of this mix should be used for each one (I) gallon
19 Inches but should be arranged in random groupings as indicated in 21 container or smaller, three (3) tablespoons for each
20 A(5) above. For plants larger than one gallon pat size, wider 22 three (3) gallon container, and six (6) tablespoons for
21 spacing can be used provided smaller plants are used to inter loot
P 23 each ten (30 or fifteen 15
) ( )gallon container. The
22 and fill in to provide for no more than an average spacing of 24 fertilizer mix should be placed in the bottom of the
23 eighteen (18j inches between plants. 25 planting holes for three (3) gallon containers or larger.
26 For one (I) gallon containers or smaller, it is
27 recommended that the fertilizer be broadcast around the
28 individual plants, making sure that the fertilizer does
2g not touch the leaves of the new plants.
30 (2) Any mixture with a 10-10-10 N-P-K analysis with trace
31 elements at a rate of 500 pounds per acre. This mix
32 may be used once before planting and once 30 days after
33 planting.
' 34 (3j Slow release tablets (such as Agriform 20-10-5) placed
5 6
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1 below the surface adjacent to or under each plant. I (3) following this period, the plantings may be watered once
~• ~ - 2 per week for a maximum total of six (6) months on a
2 Upon consultation with a reputable professional with experience in 3 regular lrrigation schedule.
3 successful dune restoration projects, alternative fertilizer programs
4 may be proposed by the perallttee and may be permitted at the 4 All watering should be sufficient to thoroughly wet the sand
5 discretion of the County. 5 to a depth of six (6) inches or greater.
6 (b) Irrigation 6 B. Coastal Vegetation Trieming
1 ~ Initial irrigation or hand watering of the coastal plantings ~ In order to create visual corridors between upland properttes and the
9 is recommended to insure success of the project. Temporary 8 ocean, coastal vegetation may be trimmed on an annual basis. The objective
g irrigation systems may be installed, but must be placed above g of these guidelines is to provide for these visual corridors without having
10 the ground, and removed or disconnected from the water source 10 a negative impact upon the beaches, dunes and native dune vegetation.
Ii within six (6) months of the end of planting. Systems should 11 Coastal vegetation trimming projects will be approved if they meet the
12 be designed and operated to encourage. the deep rooting 12 following criteria:
13 characteristics of coastal vegetation, and should be under
14 separate control from irrigation systems serving the upland 13 1. Dune Management Program Mandated
15 property. 14 In order to be granted a coastal vegetation triming permit, the
15 permittee must agree to develop and implement a Dune Management
16 Operating schedules will vary with the type of material 16 Program. Guidelines for the Dune Management Program follow.
17 planted, the season, and other factors. A general guideline
18 is to provide a thorough saturation only as often as necessary 17 2. Minimum Height of Sea-Grapes
19 to maintain moisture to the rootball of nexly planted material, IS Coastal vegetation trimming permits shall not be granted unless the
20 and to decrease the frequency of lrrigation to allow natural 19 sea-grapes (Coccoloba uvifera), or other obscuring vegetation, are
21 rainfall to take over as plants become established. Regular 20 at least five (5) feet in height.
22 long term irrigation is prohibited. A general watering
23 schedule that should meet these goals is as follows: 21 3. Reducing Height of Sea-Grapg~
22 Sea-grape trees may be trimmed down to fifteen (15) feet in height,
24 (1) daily watering is recommended for the first week 23 in order to allow views from multiple story buildings provided the
25 following planting; 24 final tree height is no less than three-quarters (3/4j of the
26 (2) during the next three (3) weeks, watering should be 25 original tree height. If the height of sea-grapes is reduced,
21 limited to every other day; 26 .however, no 'windows' shall be permitted under any canopy that has
21 been reduced 1n height .
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I 4. ~Viewlna iiindows I C. j2yne Management Programs
2• Viewing 'windows' may be trimmed through the sea-grapes, or other 2 In order to ensure the long-terw health of the coastal system, it is
3 obscuring vegetation, so long as it meets the following criteria. 3 necessary to conduct certain management activities. Some individuals may
4 - Only branches less than one (I) inch in diameter may be trimmed. 4 wish to embark upon such a program independently. Others, who are applying
5 For each foot in width of trimming, five (5) feet of untrimmed dune 5 for a coastal vegetation trimming penoit or a minor filling permit, will
6 must be maintained. No "windows" may be over twenty (20) feet in 6 need to comply with this section in order to receive their permit. Dune
7 length. All "windows" must be separated by at least twenty (20) feet ~ Management Programs will be approved if they meet the following criteria.
8 of untrimmed dune vegetation. All sea-grapes must retain a minimum
g ~ two (2) foot canopy after trimming. In addition, no vegetation may 8 I. Exotic Plant Removal
10 be trimmed below two (2) feet, to allow for growth of scrub g All exotic plants found within the Coastal Protection Zone must be
11 vegetation and the stabilization of sand. The maximum height of any 10 removed. A partial list of exotic plants is attached. Exotic plants
I2 window shall be eight (8) feet. I1 with stems over 1/4 inch diameter, which can not be pulled up by
12 hand, shall be cut to a height of four (4) inches or less. A
13 5. Restoration Planting Reouired 13 ~ systemic herbicide, such as Garlon 4, shall be applied to the stump
14 Planting of open areas resulting from sea-grape trimming, exotic 14 using a drip wick or equivalent system. A follow-up treatment shall
15 plant removal, or other activities, shall be accomplished within 15 •be conducted if the original treatment does not kill the plant:.
16 three (3) months of trimaing or other activities. Requirements for 16 Smaller exotics, including grasses, vines and succulents, shall be
11 restoration planting are found above, and must be followed. Plarts I~ removed by hand.
18 must be selected according to the zone which is being planted. Open
1g areas resulting from trimming of sea-grapes for 'windows"'shalt be 18 2. Debris Removal
20 planted according to the specifications for the scrub zone. 19 All human-manufactured debris which has been deposited upon the
20 beach or dune must be removed (by hand if possible). This includes
21 6. Voluntary Restorations 2I plastics, metal; styrofoam and other unnatural products. Deadwood,
22 Native coastal vegetation that 1s planted voluntarily to enhance 22 seaweed and other biological matter must be left on the beach and
23 the dune system shall not be sub,)ect to the conditions stated in 23 dune.
24 paragraphs B(I) through B(5) above.
24 3. Retreatments
25 ~ 7. Annual Permits Onlv 25 Any additional exotic plants and debris which have appeared upon
26 Coastal vegetation trimming permits will be granted on an annual 26 the beach and dune shall be removed every six (6) months.
27 basis only. Subsequent Issuance will be based upon compliance with
28 prior permit conditions.
9 ~ 10
1 D. ~ Minor Filling
2' - In some cases, beach front property owners may desire to add small amounts
3 of sand to their dune to compensate for losses attributed to blowouts,
` 4 ~ storm erosion, or other conditions. Minor filling will be permitted if
5 they meet the following conditions:
6 1. Source of Sand
1 All sand shall come from a source landward of the Coastal
S Construction Control Line as established by the Florida Department
9 of Natural Resources.
10 2. Sand Comoatibility
11 All sand shall be of comparable grain size and color to that of the
12 sand of the recipient beach and will be generally free of organic
13 material and other foreign debris.
14 3. Non-lmoactive Design y
15 All additions of sand shall be designed to have a minimum impact on
16 existing vegdtation. If there are any State or federal endangered
17 or threatened plant species on the site, special care shall be taken
l8 in the placement of the additional sand to avoid covering these
19 plants. If endangered or threatened plants shall be unavoidably
20 .impacted by the addition of sand, the permittee must relocate those
21 species to another location within the dune system.
22 4. Restoration Planting and Dune Management Req iu red
23 All minor filling permits shall Include conditions requiring
24 restoration planting in the areas where sand was added, as well as
25 any areas where vegetation was damaged as a result of the addition
26 of sand. A Dune Management Program also shall be adopted as part
27 of the minor filling permit.
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APPROVED PLANT LIST
Pioneer Zone
Alternanthera maritime
Alternanthera ramosissima
Canavalia maritime
Lhamaesvice memsembrvanthemifolia
Croton ulandulosus
Distichlis ~picata
Helianthus dibilis
Hvmenocallis latifolia
Ioomoea aes-caorae
Ioomoea stolonifera
IYd imbricate
Okenia hvooaaea
Panicum amarulum
Pasoalum vaoinatum
Rem{rea maritime
Scaevola elumeri
Sesuvium oortulacastrum
Soartina oatens
Soorobolus virainieus
Suriana >~~
Tournefortia anaohalodes
Uniola oanlculata
chaff flower
chaff flower
bay bean
beach spurge
beach croton
salt grass
beach sunflower
key lily
railroad vine
fiddleleaf morning glory
beach elder
beach-peanut
dune panic grass
seashore paspalum
beach star
beach berry
sea purslane
cordgrass
seashore dropseed
bay cedar
sea lavender ,
sea-oats
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- APPROVED PLANT LIST
,,
Scrub Zone
• Androooaon ~pillioes chall~y bluestem
Androooaon virainicus broomsedge
Ardisia escallonioides marlberry
Arenaria lanuginosa sandwort
Baccharis halimifolia grounsel
' Borrichia frutg;cens sea daisy
Callicaroa americans American beautyberry
Centrosema vi~'giniana butterfly pea
Chiococca i11~ snowberry
Chrvsobalanus icaco cocoplum
Coccoloba uvifera sea grape
Commelina erects var. anoustlfolia day flower
Crotalaria pumila beach rattlebox
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Croton.alandulosus beach Croton
CaQparis flexuosa limber caper
Diosovris virainiana persimmon
Echites umbellate Devil's potato
Ernodea littoralis golden creeper
Eugenia axillarls white stopper
Euaenla fo;tide Spanish stopper
Flaveria linearis yellowtop
Galactic macreel milk pea
6uaoira discolor M oily
Ioomoea indica purple morning glory
~lacauemontia reclinata beach ~acquemontla
Lantana involucrata wild sage
Licania michauxil gopher apple
Jvcium carolinianum Christmas berry
Melanthera opera melanthera
Mikania cordi.folia climbing hempweed
Morinda rovoc yellowroot
Myrlca cerifera wax myrtle
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Nvrsine floridana
Oountia humifusa
Panicum 3O~CU1U®
Parthenocissus oulnauefolia
Passiflora suberosa
Phvsalis viscose
Pithecelobium auadeluoense
Polvgala arandiflora
Psvchotria pervosa
Randia aculeata
Sabel oalmetto
Serenaa reoens
Solldaao dicta
Soohora tomentosa
SDartina catens
7ournefortia cnaohalodes
Trichostema suffruticosa
Uniola paniculata
Verbena maritime
Yucca alolfolia
a~yrsine
prickly pear
dune panic grass
Yirginia creeper
corlSy-stemmed passion flower
ground cherry
black bead
milkwork
wild coffee
white indigoberry
cabbage palm
saw palmetto
goldenrod
necklace pod
cordgrass
sea lavender
blue curls
sea-oats
beach verbena
Spanish bayonet
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