HomeMy WebLinkAboutOrdinance_406_06/14/1990
ORDINANCE N0. 40b
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AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
', TEGUESTA, PALM BEACH COUNTY, FLORIDA, ADOPTING BY
REFERENCE, THE PALM BEACH COUNTY "MANGROVE PROTECTION
ORDINANCE". ORDINANCE N0. 88-13, 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 "Mangrove
Protection Ordinance", Ordinance No. 88-13, as amended, and as
fully as if set forth at length herein as the Mangrove
Protection Ordinance of the Village of Tequesta with the
additional restriction to Section ~ of Ordinance 88-13
prohibiting the disturbance of mangroves in high marsh areas
ad3acent and within the Indian River Lagoon Aquatic Preserve
except when necessary for public health and safety. i
Section 2. Severability. If any provision of this
Ordinance or the application thereof is held invalid, such j
invalidity shall not affect the other provisions or i
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 hereby declared
severable.
Section 3, Codification. This Ordinance shall be ;
codif ied and made a part of the official Code of Ordinances of ~i
the Village of Tequesta,
Section 4. Effective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided
by law.
THE
Councilmember
adoption.
Councilmember
put to a vote,
FOREGOING ORDINANCE was
Earl L. Collings ,
The Ordinance was
William E. Burckart
the vote was as follows:
FOR ADOPTION
William E. Burckart
Joseph N. Capretta
Earl L. Collings
offered by
who moved its
seconded by I
and upon being
AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed
and adopted this 14th day of June 1990.
ATTEST:
Village le
OF TEGUESTA
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Tt~~J{=: ~'+
ORDINANCE N0. 88-13 BLDG. D~~'T.
AN ORDINANCE AND RULE OF THE BOARD OF COUNTY
COMMISSIONERS, ACTING AS TAE PALM BEACH COUNTY
ENVIRONMENTAL CONTROL BOARD, AMENDING ORDINANCE 170. '
81-18, ENTITLED THE IANGROVE PROTECTIOIi ORDII7Ai1CE;
AMENDING SECTION 3.T0 EXPAND THE DEFINITION OF :.
ALTERATION, TO EXCLUDE SILVER BUTTONWOOD FROH•THE-
. DEFINITION OF MANGROVE AND TO ADD A DEFINITION OF
' MANGROVE AREA; AMENDING SECTION 4 TO PROHLBIT TAE "
ALTERATION OF MANGROVES WITHOUT 'A PERMIT; AMENDING
SECTIONS 5, 7, 8, 9, 10, AND 11 TO TRANSFER THE
ADMINISTRATIVE AND REGULATORY RESPONSIBILITIES OF
THE ORDINANCE~FROM THE AEALTH DEPARTMENT TO THE
DEPARTMENT OF ENVIRONMENTAL RESOURCES 1fANAGElff.N'!;
AMENDING SECTION 5 TO CHANGE THE:INFQRMATION
• REQUIRED ON THE PERMIT APPLICATION, TO PROVIDE FOR
60 DAYS TO ISSUE OR DENY THE PERMIT, AND TO PROVIDE
FOR ADDITIONAL CIRCUIiSTANCES UNDER WHICH A PERMIT
SHALL NOT BE ISSUED OR SHALL BE ISSUED WITHOUT AN
APPLICATION FEE; AMENDING SECTION 6 TO INCREASE
PERMIT .FEES ;.AMENDING SECTION 7 TO DELETE THE
REQUIREMENT OF CONSENT BY THE DEPARTMENT OF NATURAL
RESOURCES; AMENDING SECTION 8 TO REQUIRE A REARING
WITHIN 60 DAYS OF A REQUEST FOR AN APPEAL; AMENDING
SECTION"10 TO ELIMINATE BLANKET PERMITS AND TO
,'CHANGE THE REQUIREMENTS FOR ALTERATIONS EXEMPT FROM
PERMITS; PROVIDING FOR REPEAL OF LAWS IN CONFLICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners, acting as the
Environmental Control Board, adopted Ordinance No. 81-18 on August 14,
1981; and
WHEREAS, in adopting said Ordinance the Board recognized the
importance of preserving and protecting mangroves because of their
unique contzibution to the environment; and ~
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WHEREAS, in order to continue to preserve and protect
mangroves, it is necessary to prohibit additional activities which would
destroy them or reduce their environmental contribution; and
WHEREAS, it is accessary to increase permit fees .to pay for
the costs of issuing permits and of other services in administering this
Ordinance and to ensure consistency with the perolt fees established in
Ordinance No. 87-22; and ~ .
WHEREAS, it is desirable to transfer all responsibilities for
the administration and enforcement of this Ordinance from the Palm Beach
County Health Department to the Department of Enviroamental Resources
Management. '
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1 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY i
2 COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, as follows:
. 3 Part I. Section 3, entitled "Definitions", is hereby amended as follows:
'~ 4 3. DEFINITIONS
5 The following words shall be defined for use in
6 this Ordinance as follows: -
- ~ 7 A. Alter(ation) is.to destroy, prunq;.remove,-trim,
8 er cut, shape a :~angrove or to fill a mangrove area.
9 B. Destroy shall.`mean 'to remove, poison or otherwise •
10 cause death to a mangrove. •
11 C. Mangrove shall mean rooted trees and
12 seedlings of the following species: White (Lagancularia racemosa), Red
13 (Rhizophora mangle), Slack (Avicennia germinans) and Buttonwood
14 (Conocarpus eiectus). Silver Buttonwood (Conoearpus ereetus Var. sericea)
15 • • is excluded from this definition.
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' 16 .. D. Mangrove area shall mean the extent of mangrove
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' 17 canopy or pnuematophores, whichever is greater.
. 18 BE. Person shall mean any individual, corporation,
19 company, association, partnership, state, sub-division of the state,
20 municipality, or federal agency. "
21 SF. Prune shall mean to cut away parts from a plant.
22 FG. Reforestation shall mean the planting of seedlings
23 and/or mangrove plants in accordance with acceptable botanical
24 standards, in order to return the altered area to a functional mangrove
25 plant community.
26 6H. Remove shall mean to push, lift or otherwise carry
27 away from the ground.
• 28 AI. Rooted is to be attached by roots to the ground.
29 Part II. Section 4, entitled "Protection Of Mangroves°, is hereby _
' 30 amended as follows: ~..
31 4. PROTECTION OF MANGROVES
32 Except as otherwise provided in Paragraphs 10 and 12
. ~..'~ 33 herein, it shall be unlawful for any person to destroy, prnaer~rfmr
34 enlT-shaper-e~eer-et-remove or alter mangroves from land or waters
35 within Palm Beach County, Florida, without first obtaining atpermit ~ •
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1 frem-the-pe#m-8eneh-6ennly-Aee#th-Beperlmen! issued pursuant to this
2 Ordinance.
3 Part III. Section S, entitled "Permit Applications And Standards For
4 Issuance", is hereby amended as follows:
5 5. PERMIT APPLICATIONS AND STANDARDS FOR ISSUANCE
6 The Pa#m-Bench-6ennly-Aee#!h-Beperi~aene Department of
7 Environmental Resources Management-shall ieceive and review applications
8 for the alteration of mangroves prior to issuing any permit.
9 Applications shall be made on a form prescribed by [be Pn3~a-$eneb-6eaat7
10 Nee~lh-Beperlmene Department of Environmental Resources Management
11 containing the following minimum information:
12 •permii-number.
13 Bnee-ef-#seaeaee
• 14 Buret#en-ef-perm#C
15 '• _• Name of applicant
16 .~~ • Legal owner of land
17 besn~-deeer#plfen-er Street address of lands to
18 which application applies and section, township
19 and range
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20 Scope and nature of proposed alteration ,
21 Proposed date of work by applicant
22 A-eepernee-epp~#eee#en-end-eeperate-pera#e-ehe~~-be
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23 regn#red-€er-eeek-preJee!-#nve#v#n6-eke-a#tera!#en-ef-man;roves
24 eei-prevfene}y-e}}owed-by-e-iiee~ek-8eperlaen!-pera#i. A permit
25 shall be either issued or denied within lbfrty-~39} sixty (60)
26 days of receipt of a completed application. of such permit
27 shall be deemed issued. In considering such applintion, the
28 ' Perm-Beeek-6ennty-Nee~eh Department of Eavizonaental
29 Resources Management shall determine the extent to which the
30 mangroves contribute to the environmental integrity of the site
.. 31 and surrounding area and the benefits and detriments of the
32 mangrove alteration.
33 A permit shall not be issued if the proposed activity
34 would:
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1 A. Harm the biological aquatic productivity
2 of the area, to such an extent as to be contrary to the public
. 3 interest; or
4 B. Increase erosion in the area, Co such an
5 extent as to be contrary to the public interest; or
6 C. Cause a deterioration of the eater. =
7 quality, to such an extent as to be contrary to the public '
8 interest; or
9 D. Destroy the mangroves if the permit '
10 sought is for the pruning of mangroves.
11 E. Alter mangroves within an area under a
' 12 conservation easement made pursuant to Chapter 704, Florida
13 Statutes. ~~
14 F. Alter mangroves which were planted or
15' preserved pursuant to a federal, state, or local action,
16' permit or agreement; and the survival rate of the aangroves
_, 17 .does not comply with the requirements of the said action,
. 18 permit or agreement. #e-ee#d-perm#tr
19 G. Alter mangroves planted or preserved
20 pursuant to federal, state or local action, permit or agreement
21 in such a manner that the result of the alteration could not
22 reasonably be expected to fulfill the intent of said
23 governmental action, permit or agreement.
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24 The Perm-Beeek-6ennly-Hea~tk-Bepertmeet Department of
25 Environmental Resources Management may attach specific
26 conditions upon any permit concerning the scope. netbod, and
21 time of alteration. where such conditions are deemed reasonably
28 necessary to protect the environmental integrity of the site
29 concerned. HF~ere-prnn#ns-#e-pets#ttedr-ehrperm#t-be}der_ahe}}
30 be-regn#red-le-epp~y-prxn#n;-pn#ne-le-lhe-ent-erceT-4a-order-te
31 prelee!-lhe-mnnsrere-from-d#scesc-end-#nscele.
32 To~provide an incentive for the propagation of
33 mangroves, the Department of Environmental Resources Management
~" 34 shall valve [he application fee for any permit issued,
35 provided that the mangroves are naturally less than twenty-four
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1 inches (24") tall at the time of application.
2 All permits issued hereunder 'shall be of a continuous
. 3 nature, except those permits that provide a specific time
4 limitation for pruning, trimming, cutting or shaping of
5 mangroves. ~ •
6 An on-site inspection may be necessary to accomplish
7 the application review process. -
8 Part IV. Section 6, entitled "Permit Fees",_ is hereby amended
9 as follows: ~ -
10 6. PERMIT FEES ~ ,•
11 For the purpose of processing applications and
12 making necessary inspections for the administration and
13 enforcement of this Ordinance, applications for mangrove tree
14 ''alterations shall be accompanied by the payment of'a fee of
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""` 15 F#ve-Be##ere {~3r8@}-per-epp##ent#ear fifty dollars'
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(50.00) for an application to alter 0.1 acre or less of
17 mangrove area or one hundred dollars ($100.00) for an
18 application [o alter more than 0.1 acre of mangrove area,
19 except as provided in Section S.
20 Part V. Section 7, entitled "Effect of Permit", is hereby
21 amended as follows: ~
22 7. EFFECT OF PERMIT
23 The issuance of a permit under this Ordinance shall
24 not relieve the applicant from complying with permit
1, 25 ~ requirements of other federal, state, and local agencies.. 9'he
• 26 Peim-Beee}~-6ernlr-Aee~th Bepnrtneat-ehe}~-ael-breapawered-!s - ,
• 27 #ssne-perm#te-fer-the-n#teret#en-of-mnnbrerea-not-erred-by-the •
28 epp#feenlT-end-leeeted-open-lead terse&-b7-the 6tnte-ef-c#erfde,'
29 nn#eea-arch-Bather#ty-hee-been-spec#f4te##y-Scanted-the-Ree#!k
~.. 30 Bepertn~ent-by-the-6tete-ef-p#er#de-#n-vr4!#ng-
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1 Part VI. Section 8. entitled "Appeals", is hereby amended as
2 follows:
3 8. APPEALS
4 The applicant may appeal any Palm-Beeek-6eaaty-Reath
S Bepertmeat Department of Environmental Resources Management
'b decision rendered hereunder to the Environmental Control Board,
7 whose administrative decision shall be considered final.
8 A written notice of appeal shall be filed by the
9 applicant with the 6~erkro€-lhrSavfrenmeaee~-6ealre~-8eerd
10 Director of the Department of Environmental~Reaources
11 Management. within twenty (20) days fsom the date of the
12 decision or action appealed from, setting forth in detail the
13 factual basis for such an appeal. Upon receiving such appeal,
14 the 6~erk-a€-lhrBeerd Director or his agent shall set the
15 'matter for public hearing before the Board within trent7-~$8;
16 sixty (60) days of the filing of Lhe notice, notifging all
17 'parties of the time and place no less than ten (10) days prior-
18 to said hearing, unless such ten (10) day notice is waived in
19 writing by the appellant.
20 If the public hearing is not held within the
21 aforesaid time frame the appeal shall be considered approved on
22 the twenty-€free-{$}ate sixty-first (61st) day following
23 receipt of the notice of appeal from the applicant, nnlesa such
24 hearing has been continued with the approval of the applicant.
25 The Pe€m-Beech-6enacp-Bee~lh-Beperlmeareadfer-the
26 Pn~m-$eeeh-6ennty-Sev4reamenle~-6ealre~-A€€4eer ~artment
27 of Environmental Resources Management. shall defend all
28 decisions appealed from this Ordinance before the Board.
29 Part VII. Section 9, entitled "Variances", is hereby amended
30 as follows:
31 9. VARIANCES
32 A variance may be granted by the Environmental
33 Control Board only if the Board finds the following:
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1 A. That due to the tree's restriction on the
2 use and access of the property and surrounding area, there is
. 3 an undue hardship on the owner; and
4 B. That the proposed activity will not
5 interfere with the conservation of fish, marine or wildlife or
6 other natural resources to such an extent as to be contrary to
7 -the public interest; and
8 C. That the variance is necessary to make
9 reasonable use of the land; and
10 D. That the undue haidahip is not caused by the
11 actions of the applicant.
12 Variances shall be applied for on forms prescribed by
13 the £nv#renmeele}-6enlre}-A€€#eer Department of Environmental
14 Resources Management.
r~::., 15 Part VIII. Section 10, entitled "Exemptions and Blanket
~, 16 ~ Permits", is herebq amended as follows:
17 10. EXEMPTIONS ANB-$hANiF£~-p£RM}~6r
18 A. If the alteration of mangroves is allowed under
19 the specific terms of a Department of Eaviroamental Aesn}e!#ee
20 Resources Management dredge and fill permit. end-en-Army-6erps
21 ef-$ns#neers-dredge-end-f#}}-pets#!, a permit shall not be
22 required under this Ordinance; provided, however; that such
23 alteration occurs only within the area set forth in such permits.
24 B. A permit shall pot be required under this
25 Ordinance for the alteration of man-planted mangroves which are
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26 planted in upland areas for ornamental purposes only. aed
27 ne!-for-she-restore!#ee-a€-e-eelnre}-mee;revs-ereb.
28 6: Mb}coke!-canna}-perm#!-ma7-be-#asaed-te-the-Pe}m
29 Beech-beanly-Hesga#!e-6entre}-B#v#s#ee-for-#!a-mesqu#!e-eeelre}
30 eet#v#!#es-#nve~v#aa-meesreve-tr#mm#aar--Pr#er-te-lhe-4ssaeeee
31 ef-nosh-b}coke!-ennne~-perm#!-tke-Meagnfle-6entro}-8#v#s#en
32 she}}-anbm#t-le-lke-pe}m-$enek-6ennty-ilea}th-Beperimen!-e
33 sehedn}e-ef-cress-le-be-lr#m*ed-eed-dotes-work-#s-te-be-dener
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1 Fe}}ew#ns-the-enbm#se#en-ef-sach-sehedn~eT-e-eenfereate-sha}}
2 be-hc~d-between-the-Mesgtr#te-6entre~-B#v#~#en-end-the
3 Perm-$ceck-6ennty $centh-8epertmene-le-m#n#m#=e-menarere
4 destrnet#en-end-max#m#se-mesgn#te-centred-beaef#te-cad-beef
5 #4tter-trenspertr--~lfc-Nee#th-Bepnremcnt-mey-mekret~~eet4ene
6 end-eend#t#ens-fer-thrb#enket-perm#!-#n-wr#t#nsr-~7ie-Mee#tlt
7 Bepertment-she##-make-per#ed#e-#nepeet#en~-fe##ew#e8-aeegn#!e
8 eentre~-ect#v#t#es-
9 BC. The Palm Beach Soil and. Water Conservation
10 District shall not be subject to the permit requireaents of
11 this Ordinance for the alteration of mangroves involved in any
12 research and/or experimental programs conducted bq snch agency.
13 The Palm Beach Soil and Water Conservation District shall
14 inform the perm-$ceeh-6eunty-Nee~th Bepertment Department of
15 Environmental Resources Management of ouch pzograms in writing
16 ~ and in advance of the actual mangrove alteration.
17 Part IX. SECTION il, entitled "Enforcement", is hereby amended as
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18 follows: "
19 11. ENFORCEMENT.
20 Any person who violates this Ordinance shall be
21 subject to enforcement provisions set out in Chapter 125,
22 Florida Statutes, and the Palm Beach County Emironaental
23 Control Act. Chapter 77-616, Laws of Florida, as it say from
24 time to time be amended. Any alteration of aaagroves without
25 the required permit or in violation of a perait iasned under
26 this Ordinance shall be deemed to be a violation resulting in
27 environmental damage under the terms of the Pala Beach County
28 Environmental Control Act and shall be subject to the
29 enforcement and civil penalty provisions of that Act and of the
30 Palm Beach County Environmental Control Ordinance No. 78-5, as
31 amended.
32 The Environmental Control Officer may institute an
33 action before the Environmental Control Rearing Board or in
34 Circuit Court to seek to establish liability, impose civil ~
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1 penalties, obtain injunctive relief, and/or require restoration
2 of the altered area.
3 Civil penalties shall be in an amount of not more
4 than Five Hundred Dollars (;500.00) per offense. However, the
5 court or Hearing Board may receive evidence in mitigation.
6 Each individual mangrove unlawfully altered under the
7 provisions of this Ordinance shall constitute a separate
8 offense.
9 Reforestation of the area•of offense shall be
10 required in an amount to be determined by the Perm-8eeeh
11 6ennly-Heath-8eperlmene Department of Environmental
12 .Resources Management, but not to exceed twice the amount
13 of any mangrove area destroyed.
14. 12. REPEAL OF LAWS IN CONFLICT
15 ' ." All local laws and ordinances applying to the
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incorporated and unincorporated area of Palm Beach County
17 is conflict with any provisions of thin ordinance are hereby
18 repealed to the extent allowed under Article DIII,
19 Section 1 (g.) of the Florida Constitution, Article I,
20 Section 1.3 of the Palm Beach County Charter and
21 Chapter 77-616, as amended, Laws of Florida, Special Acts.
22 13. SEVERABILITY
23 If any section, paragraph, sentence, clause, phrase,
24 or word of this ordinance is for any reason held by the Court
25 to be unconstitutional, inoperative or void, such holding
26 shall not affect the remainder of this ordinance.
27 14. INCLUSION IN THE CODE OF LAWS AND ORDINANCES
28 The provisions of this Ordinance shall become and be
29 made a part of the code of laws and ordinances of Palm Beach
30 County, Florida. The sections of the Ordinance may be
31 renumbered or relettered to accomplish such, and the word
32 "ordinance" may be changed to "section," "article," or any
`.~•' 33 other appropriate word.
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1 15. EFFECTIVE DATE
2 The provisions of this Ordinance shall become
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4 effective upon receipt of acknowledgement by the Secretazy of
State
but shall in no case b
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ecome e
ect
ve until twenty (20) days
5 after the filing of this Ordinance with the Clerk of the Board of
6 County Commissioners.. ~_
7 APPROVID AND ADOPTID by the Board of County
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• 8 Commissioners of Palm Beach County, Florida, on the day
9 ..
of 19
10 PALM BEACH~COUNTY, FLORIDA, BY ITS
11 BOARD OF COUNTY COA44ISSZONERS
12 ~gy
13 Chairman
14 APPROVED AS TO FORM AND
15 LEGAL SUFFICIENCY
16 "
i:~: 17 .C• unty Attorney
18 Acknowledgement by the Department of State of the State of
19 Florida, on this, the day of lg
20 EFFECTIVE DATE: Acknowledgement from the Department of State
21 received on the day of 19 at
22 _.N., and filed in the Office of the Clerk of the Board of County
23 Commissioners of Palm Beaeh County, Florida.
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