HomeMy WebLinkAboutOrdinance_382_2/9/1989i
ORDINANCE N0.382
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, PROVIDING FOR
AN AMENDMENT TO CHAPTER 13 OF THE CODE OF ORDINANCES
BY PROVIDING A NEW SECTION THERETO, PROVIDING THAT A
LAND DEVELOPMENT PERMIT SHALL BE REQUIRED PRIOR
TO THE CLEARING OF UNDEVELOPED LANDS WITHIN THE
VILLAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Chapter 13 of the Code of Ordinances of the
Village of Tequesta is hereby amended by providing an
additional section thereto entitled Section 13-43 Land
Development Permit, to read as follows:
"Section 13-43. Land Development Permit.
It shall be unlawful for any person to remove, damage,
or destroy from any parcel of land located within the Village
of Tequesta any tree in excess of three (3) inches in
diameter at a height of four and one half (4-1/2) feet above
the ground or having a multi-stemmed trunk system with a
definitely formed crown prior to obtaining a Land Development
Permit from the Village Council."
Section 2. For the purposes of this section, a "tree" is any
self-supporting woody plant together with its root system,
growing upon the earth usually with one (1) trunk of at least
three (3) inches in diameter at a height of four and one half
(4-1/2) feet above the ground or a multi-stemmed trunk
system with a definitely formed crown.
Section 3. The application for a Land Development Permit
shall be reviewed by the Village Council in conjunction with
Village Council review of the proposed improvements to the
I~ vacant parcel of land.
Section 4. These provisions shall not apply to:
(a) The removal of trees on public lands or public
rights-of-ways conducted by or on behalf of a Federal, State,
County, Municipal, or other governmental agency in pursuance
of its lawful activities or functions.
(b) The clearing of vacant or developed lots within
previously approved subdivisions.
Section 5. The Land Development Permit requirement shall
not be construed to prohibit the removal or elimination of
excessive accumulations of untended growth of weeds,
undergrowth, or other dead or living plant life as may be
required.
Section 6. Any person desiring a Land Development Permit
as required by this Ordinance shall submit a written
application to the Building Official together with a filing
fee of $10.00 for each tree proposed to be removed. The
application shall include sufficient information to delineate
the extent of the clearing necessitated by the proposed land
development, as well as sufficient information to document
the appropriate fee for the Land Development Permit.
Section 7. The penalty for failure to comply with the
conditions of this Ordinance shall be the maximum as provided
by law.
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Section 8. 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 hereby declared severable.
Section 9. This Ordinance shall be codified and made a part
of the official Code of Ordinances of the Village of
Tequesta.
Section 10. This Ordinance shall take effect immediately
upon its passage and approval, as provided by law.
THE FOREGOING ORDINANCE was offered by
Councilmember Earl L. Collings who moved its
adoption. The Ordinance was seconded by
Councilmember Joseph N. Capretta and upon being put
to a vote, the vote was as follows:
FOR ADOPTION
~l
William E. Burckart
Ron T. Mackail
Joseph N. Capretta
Earl L. Collings
AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed
and adopted this 9th day of _ February ~ lggg.
Mayor of Tequesta
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Ron T. Mackail
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Village Clerk
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