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HomeMy WebLinkAboutOrdinance_405_06/14/1990ORDINANCE N0. 405 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, CREATING REGULATIONS FOR THE PROTECTION OF SEA TURTLES WITHIN THE VILLAGE OF TEQUESTA; PROVIDING FOR TITLE, PURPOSE AND DEFINITIONS; PROVIDING FOR MANAGEMENT COORDINATION; PROVIDING FOR GENERAL PROHIBITIONS; PROVIDING FOR SEA TURTLE PROTECTION PLAN, APPLICATION AND PROCEDURES; PROVIDING FOR GENERAL STANDARDS; PROVIDING FOR STANDARDS FOR SITE DEVELOPMENT, NEW AND EXISTING BEACH FRONT LIGHTING, NEW AND EXISTING BEACH ACCESS POINTS AND MECHANICAL BEACH CLEANING; PROVIDING FOR ENFORCEMENT AND PENALTIES, AND CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. • WHEREAS, the Village Council of the Village of Tequesta has determined that it is necessary to implement policies, 'guidelines, and standards which minimize interference with the (natural use of the beach for nesting and breeding by sea '„turtles, and which minimize potentially adverse impacts from !jbeachfront lighting upon the behavioral patterns of nesting or ';hatching by sea turtles; and WHEREAS, three species of sea turtles currently nest on Ill the beaches of the Village of Tequesta, Florida, and are protected by the United States Government under the Endangered „Species Act of 1973; and WHEREAS, the Coastal Zone Management Act (CZMA) of 1972 Band the Florida Coastal Management Act of 1978, Chapter 380.20 !'Florida Statutes (1985), encourage the conservation of coastal resources, including the conservation, protection, and propagation of all species of wild fauna and flora actually or ',potentially in danger of becoming extinct; and j WHEREAS, Chapter 161.101(8)(g) and 161.161(2)(k) Florida Statutes (Supp. 1986) may authorize funding for erosion control ,projects based in part on the extent to which local governments yin the area of the project have enacted ordinances to protect 'sea turtles from the adverse effects of beachfront lighting; ;and WHEREAS, Chapter 370.12, Florida Statutes, has protected marine turtles, their nests and eggs since 1953; and WHEREAS, the Village of Tequesta Comprehensive Plan Conservation and Coastal Zone Element recognizes the significance and importance of coastal zone resources and wildlife, and provides for protection, enhancement, and management of same; and WHEREAS, the Village Council of the Village of Tequesta desires to enact sea turtle protection regulations pursuant to the authority contained in applicable Florida Statutes, and other applicable law; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS: ~~ SECTION 1. TITLE j ~~ This article shall be known as the "Village of Tequesta '', ''Sea Turtle Protection Ordinance". SECTION 2. PURPOSE The purpose of this ordinance, recognizing the unique characteristics of the sea turtle, particularly its nesting cycle, is to prevent and reduce the hazards impacting sea turtles from uncontrolled construction activity, beachfront • '.lighting, beach access, mechanical beach cleaning and other (coastal activities. SECTION 3. DEFINITIONS For the purpose of this ordinance, the following terms shall mean: (1) "Artificial light source(s)" shall mean any source of light emanating from a man-made device, including but not limited to, incandescent mercury vapor, metal halide or sodium lamps, spotlights, street lights, vehicular lights, construction or security lights. (2) "Beach access point" shall mean any path through or ', over the dune used by the general public; or, with respect to private property, by the owners or with the owner's permission, ' ;for the purpose of gaining access to the beach. ''~ (3) "Beach" shall mean the zone of unconsolidated material that extends landward from the mean low water line to • I~' the place where there is a marked change in material or physiographic form, or to the line of permanent vegetation (usually the effective limit of storm waves), as is defined in jj Chapter 16B-33, Florida Administrative Code. • f ~~ ~ (4) "Beachfront lighting" shall mean all lighting within the jurisdictional boundaries of this Ordinance. i '~ (5) "Building Department" shall mean the Building j Department of the Village of Tequesta. (6) "Coastal construction" shall mean the carrying out of j any activity within jurisdictional boundaries to modify or improve site conditions including, but not limited to, ~I building, clearing, filling, excavation, grading, or planting of vegetation, or the making of any change in the size or use of any structure or the appearance of site conditions, or the ~! placement of equipment or material upon such sites. ii (7) "County" shall mean Palm Beach County, a political subdivision of the State of Florida. i i~ (8) "Department of Environmental Resource Management" ~~ shall mean the Palm Beach County Department of Environmental ~` Resource Management or applicable municipal entity. j'. (9) "Dune" shall mean a mound or ridge of loose ~' sediments, lying landward of the beach and deposited by any natural or artificial mechanism. (10) "Dune profile" shall mean the cross-sectional configuration of the dune. (11) "Ground-level barrier" shall mean any natural or artificial structure rising above the ground which prevents beachfront lighting from shining directly onto the beach-dune system. (12) "Hatchling" shall mean any specimen of sea turtle, within or outside of a nest, which has recently hatched from an egg if ij !i Page 2 • (13) "Jurisdictional boundaries" shall between Beach Road and the Atlantic Ocean Coastal Construction Control Line, establish Chapter 161.053, Florida Statutes, and the whichever is greater, but in neither event to landward of the mean high water line. mean the area or between the ed pursuant to Atlantic Ocean, exceed 500 feet (14) "Nest" shall mean the area, in and around, a place in which sea turtle eggs are naturally deposited or relocated beneath the sediments of the beach-dune system. (15) "Nesting season" shall mean the period from May 1 through October 31 of each year. (16) "Permitted agent of the State" shall mean any qualified individual, group or organization possessing a permit from DNR to conduct activities related to sea turtle protection and conservation. j (17) "Person" shall mean any individual, firm, ;~ association, joint venture, partnership, estate, trust, corporation, group, state officer, or unit of federal, state, county or municipal government and all other associations and combinations, whether public or private. i (18) "Sea turtle(s)" shall mean any specimen belonging to ~ '' the species Caretta caretta (loggerhead turtle), Chelonia mydas i ~I (green turtle), Dermochelys corciacea (leatherback turtle) or ~, ,~ any other marine turtle using Palm Beach County beaches as a ~i nesting habitat. j Iii (19) "State" shall mean the State of Florida. ~' (20) "Tinted glass" shall mean any window which has: (a) a shading coefficient (the percent of incident ~ radiation passing through a window) of .45 of less, and ~ (b) a minimum five year warranty, and !~ (c) procedure claims which are supported by approved nesting procedures and documentation. (21) "Village Council" shall mean the Village Council of the Village of Tequesta. SECTION 4. MANAGEMENT COORDINATION U -! The Building Department in conjunction with other j applicable Village Departments shall be responsible for ~ coordinating inter-governmental activities and for establishing ~ administrative policies germane to the effective and timely implementation of conditions set out in this ordinance. (1) Coordination. The Building Department shall develop a process whereby after the effective day of this ordinance: (a) A person submitting a site plan and/or building plan for coastal construction within jurisdictional boundaries is made aware of all instructions, requirements, and guidelines contained herein by inclusion or reference. (b) No Certificate of Occupancy is issued prior to approval of the beachfront lighting for coastal construction. Page 3 (2) Coordination with the Department of Natural Resources, Department of Environmental Regulation and the Armv Corps of Enctineers. The Building Department shall develop an administrative process whereby upon adoption of this ordinance, a person submitting a plan for improvement within the jurisdictional boundaries of this Ordinance is made aware of • and may also be required to comply with the permitting requirements of other State and Federal agencies, and that the ' applicant is required to forward to the Building Department all comments and permits transmitted or granted by these agencies. I' (3) Enforcement. The Building Department or other. I ' applicable municipal Departments shall develop a process fora, ~ the consistent and effective enforcement of conditions set out in this ordinance. SECTION 5. PROHIBITION OF ACTIVITIES DISRUPTIVE TO SEA TURTLES ii The following prohibitions during the nesting season (May 1 through October 31) are established for the protection of sea'; turtles: (1) Prohibition of Motorized Vehicles Seaward of Dune.; I~ The operation of motorized vehicles, including but not limited; to, any self-propelled, wheeled, tracked or belted conveyance, shall be prohibited on or seaward of the dune during the nesting season, except in cases of law enforcement, emergency; I ,i b the De artment of Natural) or as otherwise approved y p , Resources, as further set out in Section 14 herein. i {2) Prohibition of Horseback Riding. Horseback riding) shall be prohibited on or seaward of the dune during they, nesting season. '~ ii ' ;~ (3) Prohibition of Campfires. Campfires shall be prohibited on or seaward of the dune. SECTION 6. 3EA TURTLE PROTECTION PLAN (STPP) REQUIREMENTi FOR COASTAL CONSTRUCTION WITHIN JURISDICTIONAL BOUNDARIES A Sea Turtle Protection Plan (STPP) shall be required fore, the following activities and shall include any and ally, protective/mitigative measures that will be implemented inli conjunction with these activities: i, I ~! {1) All coastal construction within jurisdictional' • boundaries involving the installation of permanently mounted light fixtures. '! (2) All coastal construction conducted during the nesting season (May 1 through October 31), seaward of the dune, within jurisdictional boundaries, including site development and mechanical beach cleaning. ', ' SECTION 7. SEA TURTLE PROTECTION PLAN (STPP} APPLICATION AND PROCEDURES ~' (1) Prevaration and Submission of Sea Turtle Protection Plan (STPP). A STPP shall be submitted to the Building Department prior to or concurrently with the submission of a building and/or site plan. The STPP shall include the following information, as applicable: (a} General Information. A STPP required pursuant to this ordinance shall include the following information, a5 applicable: Page 4 ', (i) Identification of person(s) having legal or equitable interest in the subject property. (ii) Legal description of the subject property. {iii) Name of General Contractor for the project. (iv) Assurance that the applicant has written authority to act as agent for person(s) with legal or equitable interest in the subject property. (v) Description of the proposed construction II and intended land use. (vi) Scaled map of the site with a north arrow. • (b) Licrht Information. A STPP required pursuant to (this ordinance shall include the following information, as japplicable, for all areas of the subject property within line of sight of the beach: (i) The location, number and positioning of proposed floodlights, spotlights and other fixtures discharging lighting from incandescent, fluorescent, mercury vapor or high pressure sodium lamps. (ii) The location, number, positioning and type of all other artificial light sources including, but not limited to, those used on balconies, walkways, recreational areas, roadways, parking lots, dune crossovers, decks, boardwalks and signs. (iii) Protective/mitigative measures to minimize lighting impacts on sea turtles, including ', measures to prevent direct illumination of areas seaward of the dune. CJ (c) Construction Information. A STPP required pursuant to this ordinance shall include the following information, as applicable: (i) A schedule of proposed construction periods. (ii) The number of linear feet of shoreline seaward of the dune upon which construction will occur. (iii) The number and type of vehicles anticipated during construction, the type of equipment and materials to be used seaward of the dune, and the location of beach access points to be used in moving equipment and materials to and from the construction site. (iv) The location, number, positioning, and type of temporary nighttime security lights. i! (v) The location, number, positioning and type of nighttime construction lights and the extent of areas seaward of the dune to be illuminated. Page 5 (vi) Protective/mitigative measures to minimize • • 1 construction impacts on sea turtles. SECTION 8. GENERAL STANDARDS FOR COASTAL CONSTRUCTION j~JITHIN JURISDICTIONAL BOUNDARIES The following standards shall apply to all coastal construction specified in this ordinance and, as applicable, 'Shall be incorporated in a Sea Turtle Protection Plan (STPP): i (1) Sea Turtle Protection Plan (STPP) Approval. The uilding Department or other applicable municipal departments hall approve a STPP prior to the issuance of a building permit r approval of a site plan provided the standards as set forth erein have been met. Approval of a STPP does not relieve ~erson(s) from complying with all other applicable conditions et out in this ordinance or from mitigating against subsequent ~,~iegative impacts to sea turtles, their nests or eggs resulting from the approved activity. (2) Coastal Construction Seaward of Dune During the ~Jestinq Season. Appropriate protective/mitigative measures for sea turtles, developed pursuant to this section, shall be implemented for all coastal construction seaward of the dune -during the nesting season. (3) Restrictions on Nighttime Security Lighting. ',Temporary nighttime security lighting shall be restricted as ~~~'follows ,~ (a) Be mounted not more than fifteen (15) feet above the ground . (b) Not illuminate areas outside of the subject ~~property. (c) Not directly illuminate areas seaward of the dune unless specific protective/mitigative measures for lighting impacts are developed pursuant to this section. (4) Nighttime Construction During The Nesting Season. !avoid potential lighting impacts on nesting adult turtles emergent hatchlings, protective/mitigative measures for ;turtles which comply with this ordinance may be required nighttime coastal construction during the nesting season, laddition to those below. To and sea for in (5) Protective/Mitigative Measures. Protective/mitigative measures shall include, but not be limited to, the following, as applicable. seaward of the dune during the nesting season. (a) Preliminary Site Survey. A permitted agent of the State shall conduct a preliminary site survey and relocate all sea turtle nests to a safe habitat for coastal construction (b) Exemption of Preliminary Site Survey. Construction activity in progress on or before May 1 of each year shall be exempt from a preliminary site survey but shall implement daily nesting survey pursuant to Section 8 (e) below. (c) Delay of Construction. If nests are known to be present during a preliminary site survey and cannot be relocated and/or removed to a safe habitat, construction shall cease for sixty (60) days or until all potentially affected nests have hatched. Page 6 (d) Prevention of Construction Delays. Person(s) anticipating construction starts during the nesting season may obtain the services of a permitted agent of the State to relocate nests from construction areas on a daily basis, ,,beginning not later than May 1 of each year. • (e) Daily Nesting Surveys. A permitted agent of 'il~i,the State shall conduct daily nesting surveys of construction areas seaward of the dune and shall cage sea turtle nests or relocate the nest to a safe habitat, beginning with the ~ preliminary site survey or the nesting season, as applicable, j until any one (1) of the following occurs: (i) Exclusion fences are erected pursuant to Section (8) (f) (ii) Construction activities are completed. (iii) The nesting season has ended as defined herein. (f) Use of Exclusion Fences. Any physical barrier ~' used to prevent sea turtles from entering construction areas ~ may be used as an exclusion fence in lieu of daily nesting surveys if prior approval is granted by the Building Department. Exclusion fences shall: . (i) Be constructed so they are non-incurious to adult sea turtles. (ii) Form a continuous barrier against sea turtle intrusions. (iii) Be monitored daily by DNR approved personnel. (iv) Be repaired as necessary to prevent breaches. (v) Shall not prevent legal pedestrian access to the beach. s (g) Breaches. Breaches through an exclusion fence which result in successful nesting shall be reported to the Building Department and the nest(s) shall be relocated from the construction area by a permitted agent of the State. (h) Delimitation of Construction Areas: Preliminary site surveys, daily nesting surveys and/or exclusion fences j'; shall encompass all areas seaward of the dune upon which ',' construction activities occur and upon which equipment and !~ materials are moved to and from the construction areas. (i) Record Maintenance. Daily records shall be I,~ maintained for all sea turtle monitoring conducted pursuant to ',! this section, and together with a summary of the monitoring results, shall be provided to the Building Department by the III person(s) identified in Section 7{1)(a)(i) upon completion of '~i construction activities, or the end of the sea turtle nesting season, whichever comes first. Daily records shall include, as 'j appropriate: (i) The date of the preliminary site survey. (ii) The date(s) of the daily nesting survey. (iii) The date(s) of exclusion fence monitoring. {iv) The observed nesting activity within the construction area. Page 7 (v) The number of nests relocated. (vi) The number of eggs per nest relocated. (vii) The nest relocation area(s). (viii) The hatch success if required. (ix) The effectiveness of the exclusion fence(s). (x) The name(s) of the permitted agent of the State performing the monitoring program. SECTION 9. STANDARDS FOR SITE DEVELOPMENT • All site development activities within 3urisdictional j boundaries, approved by the Village after the effective date of this ordinance, shall comply with the following standards, as applicable, and the standards shall be incorporated into a Sea i'', Turtle Protection Plan (STPP): (1) Location, Alignment, and Placement of Structures. The positioning of buildings, recreational facilities, walkways, beach access points, parking lots and other features of the site shall be predicated on minimizing operational impacts of these features on sea turtles. (2) Ground-level Barriers and Dune Enhancement. Natural or artificial structures rising above the ground should be used to the maximum extent possible to prevent lighting from directly illuminating the beach-dune system and to buffer noise and conceal human activity from the beach. Improving dune height in areas of low dune profile, planting natural vegetation, or using hedges and/or privacy fences is encouraged. SECTION 10. STANDARDS FOR NEW BEACHFRONT LIGHTING • All lighting required for the coastal construction activities as set out above, installed after the effective date of this ordinance, shall comply with the following standards, as applicable, and shall be incorporated into a Sea Turtle Protection Plan (STPP). (1) General Prohibition. light source shall directly dune where it may deter adult or disorient hatchlings. No artificial public or private illuminate areas seaward of the female sea turtles from nesting ~, (2) Permanent Lighting. The installation of permanent lighting shall reflect the standards and mitigative measures published in the current state-of-the-art manual pertaining to I'i coastal lighting and sea turtle conservation (Raymond, Paul W., E; Sea Turtle Hatchling Disorientation and Beachfront Lighting: A ii Review of the --Problem and Potential Solutions, Washington, (DC), Center for Environmental Education, 1984). (3) Reference Availability. The Building Department shall make a copy of the Raymond manual available for review. As design and/or performance standards are developed or upgraded and become available, the Building Department may !' provide additional references. ,? (4) Controlled Use, Design and Positioning of Lighting. 1 (a) Any and all light fixtures shall be designed and/or positioned such that they do not cause direct illumination of areas seaward of the dune and the source of light is not directly visible from the beach. Page 8 (b) All lights on balconies shall be shielded from • ~~ the beach. (c) Lighting used in parking lots within the jurisdictional area of this ordinance shall be: (i) Set on a base which raises the source of light no higher than forty-eight (48) inches off the ground. (ii) Positioned and/or shielded such that the source of light is not visible from the i beach. (5) Installation of Tinted Glass or Window Tint. Tinted j i glass, as defined in this ordinance, or any window film applied to window glass which meets the shading criteria for tinted glass, shall be installed on all windows of single and multi- story structures within line of sight of the beach. (6) Design of Vehicular Circulation Improvements .and Parking Areas. ~~ (a) Parking lots and roadways, including any paved or unpaved area upon which motorized vehicles will operate, shall be designed and/or positioned such that vehicular headlights do ~, not cast light toward the beach. (b) Vehicular lighting shall be shielded from the beach through the use of hedges, dune vegetation and/or other ground-level barriers. ~ I (7) Lighting For Pedestrian Traffic. (a) Beach access points, dune crossovers, beach ; walkways, piers or any other structure on or seaward of the dune designed for pedestrian traffic shall use the minimum amount of light necessary to ensure safety. {b) The inspector shall prepare and report the inspection finding in writing to the Building Department, identifying: (b) Pedestrian lighting shall be recessed or shielded so that the source of light is not directly visible from the beach. (8) Beachfront Lighting Aa~roval. Prior to the issuance of a Certificate of Occupancy by the Building Department, each Sea Turtle Protection Plan (STPP) shall be inspected for ~ compliance as follows: (a) Upon completion of the construction activities, a registered Florida architect or professional engineer shall conduct a site inspection which includes a night survey with all the beachfront lighting turned on. (i) The date and time of initial inspection. (ii) The extent of compliance with this section. (iii) All areas of potential and observed noncompliance with this section. (iv) Any action(s) taken to remedy observed noncompliance, if applicable. C! (v) The date(s) and time(s) inspection(s), if applicable. Page 9 of remedial (c) The inspector shall sign and seal the inspection report which includes a certification that: (i) The beachfront lighting has been constructed in substantial accordance with the Sea Turtle Protection Plan {STPP). • (ii) The beachfront lighting does not illuminate areas seaward of the dune at the time of the night inspection. (iii) The beachfront light sources within the jurisdictional boundaries are not directly visible from the beach at the time of the night inspection. • [! (9) Approval Not Exclusive. Approval of compliance with 'the beachfront lighting standards set out in the STPP shall not relieve person(s) from complying with all other applicable '',conditions set out in this ordinance or from mitigating against ;I subsequent negative impacts to sea turtles, their nests or eggs ',resulting from the approved activity. SECTION 11. STANDARDS FOR EXISTING BEACHFRONT LIGHTING Existing beachfront lighting shall comply with the following conditions by April 1, 1991. (1) Adjustment to Essential Lighting. Existing artificial light sources shall be repositioned, modified or replaced with modern alternatives so that the source of light is not directly visible from the beach and/or does not directly illuminate areas seaward of the dune. Techniques and/or materials used shall be consistent with the Raymond manual referenced in Section 10(2) and other reference manuals identified by the Building Department. (2) Reduction of Indirect Lighting on the Beach. The installation of ground level barriers is encouraged to reduce the amount of indirect lighting striking the beach-dune system. (3) L_ighting For Pedestrian Traffic. Lights illuminating beach access points, dune crossovers, beach walkways, piers or any other structure seaward of the dune designed for pedestrian traffic shall be shielded such that they are not directly visible from the beach. (4) Use of Window Treatments. To prevent interior lights from illuminating the beach, window treatment shall be required on all windows of single and multi-story structures within jurisdictional boundaries. Blackout draperies or shadescreens are preferred. Alternatively, window tint may be applied to beachfront windows. The turning out of all unnecessary interior lights during the nesting season is encouraged. (5) Special _Lghtng____Restrictions During the Nesting Season. Effective May 1, 1991 and continuously throughout each nesting season (May 1 through October 31), external light sources illuminating areas seaward of the dune shall be turned off each night between the hours of 11:00 P.M. and 7:00 A.M. (6) Enforcement and Implementation of Mitigative Measures. In areas where compliance with the lighting conditions of this ordinance are not evidenced, non-compliant property owners shall be required to implement appropriate protective measures, developed in consultation with the Building Department to mitigate against potential negative impacts to sea turtles. Mitigative measures shall be implemented in addition to applicable penalties and fines. Any mitigation program implemented as a result of noncompliance with lighting conditions of this ordinance shall remain in effect until such time that acceptable beachfront lighting is achieved. Page 10 (7) Exception for Licthtinct Reduction Standard. Areas that ;have no potential nesting (dry sand) beach may be exempt from plighting restrictions if it can be demonstrated that the lighting is not visible on adjacent potential nesting (dry (sand) beaches. • • SECTION 12. STANDARDS FOR NEW BEACH ACCESS POINTS All beach access points constructed after the effective date of this ordinance shall comply with the following standards, and the standards shall be incorporated into a Sea Turtle Protection Plan (STPP). (1) Pedestrian Traffic. Pedestrian traffic shall be directed and limited to beach access points provided with dune crossovers. (2) Information Sian ReQUirements. Permanent sea turtle information signs shall be conspicuously posted by applicable jurisdiction at all new public beach access points provided with dune crossovers. The information signs shall be standardized by the appropriate Village Department or the Department of Environmental Resource Management. (a) Sea Turtle information signs shall be encouraged at all new private beach access points provided with dune crossovers. Signage shall be the responsibility of the property owner. (3) Standardized Information Rectuirement. Information printed on the signs shall inform beach users: (a) That sea turtles use the beach as a nesting ~ habitat. (b) Of potential penalties for the possession, molestation, disturbance, harassment or destruction of sea turtles, their nest or eggs. (c) Of a contact address or phone number for public use in obtaining additional information. (4) Sian Maintenance ReQUirements. Standardized sea ' turtle information signs shall be maintained in perpetuity such ! that information printed on the signs remains legible and the signs positioned such that they are conspicuous to persons at all public beach access points provided with dune crossovers. (5) Sign Removal. Removal of the information signs by anyone other than those authorized by the Village is prohibited. ' SECTION 13. STANDARDS FOR EXISTING BEACH ACCESS POINTS Permanent sea turtle informational signs shall be conspicuously posted and maintained at all existing public beach access points provided with dune crossovers in accordance with the standards set out in Section 12 by April 1, 1991. Sea turtle information signs shall be encouraged at all existing private beach access points provided with dune crossovers. SECTION 14. STANDARDS FOR MECHANICAL BEACH CLEANING All mechanical beach cleaning activities approved by the State after the effective date of this ordinance, designed to remove debris from the beach, alter beach profiles, or disturb more than the upper two (2) inches of beach sediment through the use of motorized vehicles or other mechanical means, shall comply with the following standards, and the standards shall be incorporated into a Sea Turtle Protection Plan (STPP), as applicable: Page 11 ., ~~ (1) Compliance with Villacre, County and State Beach-Dune '~ Preservation Policies. Equipment, methodologies and points of I~ access shall be consistent with beach-dune preservation ',l policies established by the Village, County and State. (2) Timinct. Beach cleaning shall be confined to daylight i~ hours. {3) Mode of Operations. During the nesting season (May 1 through October 31): (a) Beach cleaning operations shall be limited to the wrack line (previous high tide mark) or below. (b) Light-weight motorized vehicles having wide, low- profile, low-pressure tires shall be used to conduct beach ' cleaning operations instead of heavy equipment. {c) Devices used for removing debris from the beach shall be designed and/or operated such that they do not ~ penetrate beach sediments by more than two (2) inches. (4) Sea Turtle Protection Plan (STPP) Exemption A STPP may not be required for mechanical beach cleaning activities if it is demonstrated to the Building Department and to the State i of Florida, Department of Natural Resources, Bureau of Marine Research that the proposed operation(s) will have no adverse effects on the normal development and viability of eggs and hatchlings in sea turtle nests and habitats, pursuant to the following procedures: (a) The State of Florida, Department of Natural Resources, Bureau of Marine Research, and the Building Department shall be notified in writing by the applicant that the protective/mitigative measures set out in Section S(5) shall not be required as part of the State permit. (b) The Building Department shall grant an exemption from the STPP upon consultation with the State and receipt of a copy of the State permit prior to commencement of the mechanical beach cleaning activities. (5) Coordination of Beach Cleaning Operations With State- Sanctioned Scientific Studies. All beach cleaning operations shall be coordinated through the State to ensure that these operations do not interfere with state-sanctioned scientific studies of sea turtle nesting activities. ,' SECTION 15. ENFORCEMENT AND PENALTIES (1) Enforcement and Responsibility. (a) The Village Council of the Village of Tequesta by and through the Building Department or other applicable municipal Departments shall adopt procedures for enforcing and administering this ordinance and to employ those persons necessary for such administration and enforcement. (b) Consistent with law and this ordinance, the Village of Tequesta Code Enforcement Board shall have jurisdiction to enforce this ordinance within the Village of Tequesta Corporate Limits. (c) When necessary, the Building Department may seek assistance from the Village of Tequesta Police Department to assist in enforcement. td) It shall be the duty and responsibility of all appropriate law enforcement officers to enforce the provisions of this ordinance. Page 12 (e) No building permit or Certificate of Occupancy shall be granted by the Building Department, except in compliance with the provisions of this ordinance or court decision. U (2) Violations and Criminal Penalties. For any and every violation of the provisions of this ordinance, and for each and every day that such violation continues, said violation(s) shall be punishable in accordance with Florida Statutes, with a fine not to exceed five hundred (500) dollars, or by imprisonment for not more than sixty (60) days, or by both such fine and imprisonment. Persons charged with such violation(s) may include: (a) the owner, agent, lessee, tenant, contractor, or any other person using the land, building, or premises where such violation has been committed or shall exist, or ~ {b) any person who knowingly commits, takes part or assists in such violation, or (c) any person who maintains any land, building, or premises in which such violation shall exist. (3} Other Legal Remedies. • In addition to the criminal penalties and enforcement procedures provided in Section 15(Z) above, the Village Council of the Village of Tequesta may institute any lawful civil action or proceeding to prevent, restrain or abate any violations of this ordinance. (4) Other Administrative Remedies. (a) Building Permits and Certificates of Occupancy. (i) Issuance. No building permit or Certificate of Occupancy shall be issued by the Building Department for any purpose except in compliance herewith. (ii) Revocation. r The Building Department may revoke a building permit or Certificate of Occupancy in those cases where an administrative determination has been duly made that false statements or misrepresentations existed as to material fact(s) in the application or plans upon which the permit or approval was based. (iii) Suspension. The Building Department may suspend a building permit or Certificate of Occupancy where an administrative determination has been duly made that an error or omission on either the part of the permit applicant or government agency existed in the issuance of the permit or certificate approval. A valid permit or certificate shall be issued in place of the incorrect permit or certificate after correction of the error or omission. (iv) Notice. e Page 13 All Building Department decisions !concerning the issuance, revocation, or suspension of building permits and Certificates of Occupancy shall be stated in ~jofficial written notice to the permit applicant. (b) Administrative Fines. The Code Enforcement Board, upon notification by the Code Enforcement Officer that an order of the Code Enforcement Board has not been complied with by the set time or, upon finding that the same violation has been repeated by the same violator, may order the violator to pay a fine not to exceed $250 for each day the violation continues past the date set for compliance or for each time the violation has been repeated, and a hearing shall not be necessary for issuance of the order. SECTION 16. CONFLICTS [7 In the event this ordinance conflicts with any other applicable regulations on this subject matter, the more restrictive shall apply. SECTION 17. SEVERABILITY If any section, part of a section, paragraph, sentence, clause, phrase or word of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holdings of invalidity shall not affect the remaining portions of this ordinance and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part therein, and the remainder of this ordinance after the exclusion of such part or parts shall be deemed to be held valid as if such part or parts had not been included therein, or if this ordinance or any of the provisions thereof of shall be held inapplicable to any person, group of persons, property, kind of property, circumstances or set of circumstances, such holding shall not affect the applicability thereof to any other person, property or circumstances. SECTION 18. APPLICABILITY n This ordinance shall be applicable throughout the incorporated areas of the Village of Tequesta. SECTION 19. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS The Village Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, 2571 Executive Center Circle East, Tallahassee, Florida 32301. SECTION 20. CODIFICATION It is the intent of the Village Council and is hereby ordained, that the provisions of this ordinance shall become and be made a part of the Code of laws and Ordinances of the Village of Tequesta, Florida; that the sections of this ordinance may be renumbered or relettered to accomplish such intentions; and the word "ordinance" may be changed to "section", "article" or other appropriate word. SECTION 21. EFFECTIVE DATE This ordinance shall take effect passage and approval, as provided by law. Page 14 immediately upon its THE FOREGOING ORDINANCE was offered by Councilmember Earl T,. ('n11;n~G , who moved its jlladoption. The Ordinance was seconded by (,,Councilmember William F._ Rurrkart , and upon being • • !put to a vote, the vote was as follows: FOR ADOPTION William E. Burckart Joseph N. Capretta Eaxl L. Collings AGAINST ADOPTION ,~ i~ I i ~~ The Mayor thereupon declared the Ordinance duly passed and ~ adopted this 14th day of .Tune , 1990. ' i j MAYOR OF TEQUESTA ~j '~~ (; eph N. Capretta ;~ ATTEST: ,; ' ~~ C~' c Page 15