HomeMy WebLinkAboutDocumentation_Environmental Advisory Committee_Tab 02_12/14/2022Agenda Item #2.
Environmental Advisory Committee (EAC)
STAFF MEMO
Meeting: Environmental Advisory Committee (EAC) - Dec 14 2022
Staff Contact: Thomas Bradford, EAC Chair Department: Environmental Advisory
Committee
Draft Recommendations to the EAC on the Coastal Management Element of the VOT Comprehensive
Plan, V2 for Consideration of the Village Council and Staff.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-
0443.
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Proposed:
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Projected Remaining:
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Backup Memo Coastal Management Element, V2 120722
Page 10 of 43
Agenda Item #2.
Village of Tecluesta
Environmental Advisory
Corn nittee
Memo
To: Environmental Advisory Committee Members
From: Thomas G. Bradford, Chair, EAC
Cc: NA
Date: December 7, 2022
Re: Draft Recommendations to the EAC on the Coastal Management Element, v2, of
the VOT Comprehensive Plan for Consideration of the Village Council and Staff
VOT Resolution No. 24-19, which created the EAC, requires the EAC "...to within the
bounds of the Village's Comprehensive Development Plan, develop recommendations for
goals, objectives and policies relative to sustaining and improving the environment of the
Village of Tequesta." To this end, the EAC is now reviewing the Coastal Management
Element of the VOT Comprehensive Plan in one EAC review. In order to keep the review
process manageable only one of the versions will be reviewed at each EAC meeting if the
Element requires multiple reviews in order to reach completion. This element has 87 goals,
objectives and policies requiring four or more EAC reviews to complete the task. This
review is labeled as "Q."
Items highlighted in yellow are locations in the Element where I noted places where an
environmental matter is stated in the Element that needs attention. Every goal, objective or
policy within the Coastal Management Element is environmentally related. Therefore, no
highlighting is needed to identify environmental issues. TGB comments are my thoughts
on the item. EAC Proposed Options are my suggestions of what we should tell the Village
about the item.
You are encouraged to review the Element or sub -element and propose where you see
environmental issues requiring EAC review potentially overlooked in this memorandum
or make suggestions on how to modify or add to the comments and options provided herein
Page 11 of 43
Agenda Item #2.
to consider for recommendation to the Village Council and staff. Make your comments at
the EAC meeting and then email me your proposed changes for inclusion in the document.
The link to the VOT Comprehensive Plan is as follows:
http://teguesta.org/84/Community-Development
Pertinent sections pertaining to environmental issues within the Coastal Management
Element of the VOT Comprehensive Plan and my comments are as follows:
COASTAL MANAGEMENT ELEMENT
Goal: 3.0.0 - The protection of preservation areas to the maximum degree possible, while
continuing to recognize and respect private property rights.
TGB Comment to EAC: Re -write needed. If an area has been designated as a preservation area,
there are no property rights to be protected. If this is not true, then the words "to the maximum
degree possible" would require inclusion of the protection of property rights because future
inclusion of lands for preservation would be a taking without considering property rights and
providing just compensation.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write as follows: "Goal: 3.0.0 - The protection of preservation areas to the maximum
degree possible."
Objective: 3.1.0 - The Village shall avoid or minimize adverse impacts upon coastal mangrove
systems that might result from public works activities such as transportation, mosquito control,
and drainage activities.
TGB Comment to EAC: Re -write needed to delete the words "or minimize.".
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write as follows: "Objective: 3.1.0 - The Village shall avoid adverse impacts upon
coastal mangrove systems that might result from public works activities such as
transportation, mosquito control, and drainage activities."
Policy: 3. L I - The Village shall continue to prohibit the public expenditure of funds that will
adversely affect existing mangrove areas or sea grass.
2
Page 12 of 43
Agenda Item #2.
TGB Comment to EAC: Fine as written.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
o Fine as written.
Objective: 3.2.0 - The Village shall expressly prohibit new construction seaward of the coastal
construction setback line or in an area that would threaten the stability of either the primary dune
or the beach itself, except as may be approved by the state.
TGB Comment to EAC: Re -write needed.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write to read as follows: "Objective: 3.2.0 - The Village shall expressly prohibit new
construction seaward of the coastal construction setback line or in an area that would threaten
the stability of either the primary dune or the beach itself."
Policy: 3.2.1- The Village shall prohibit new construction seaward of the coastal construction
setback line and modification to the existing dune system, except as may be approved by the state.
All access from upland areas to the beach will be by way of dune walkover.
TGB Comment to EAC: Re -write needed.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write to read as follows: "Policy: 3.2.1- The Village shall prohibit new construction
seaward of the coastal construction setback line and modification to the existing dune
system. All access from upland areas to the beach will be by way of dune walkover."
Objective: 3.3.0 - The Village shall maintain its landscape regulations to require the use of native
vegetation for dune stabilization.
TGB Comment to EAC: Re -write needed.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
3
Page 13 of 43
Agenda Item #2.
o Re -write to read as follows: "Objective: 3.3.0 - The Village shall maintain its landscape
regulations to require the use of native vegetation for dune stabilization. If the Tequesta
Code of Ordinances requires an amendment to accomplish the use of native vegetation for
dune stabilization the pertinent sections of the Code of Ordinances shall be amended as
soon as possible."
Policy: 3.3.1-In areas where beaches and dunes are being eroded, the Village should encourage a
multi jurisdictional approach to stabilization and restoration projects as appropriate.
TGB Comment to EAC: Re -write is needed.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write to read as follows: "Policy: 3.3.1- In areas where beaches and dunes are being
eroded, the Village will pursue a multi jurisdictional approach to stabilization and
restoration projects as appropriate and simultaneously strongly encourage impacted upland
property owners to participate and cooperate within reason to facilitate stabilization and
rehabilitation of the eroded beaches and dunes.
Policy: 3.3.2-Where appropriate, previously disturbed indigenous vegetation areas should be
renourished and replanted.
TGB Comment to EAC: Re -write needed.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write to read as follows: "Policy: 3.3.2 — Where needed and where a reasonable degree
of plantings survivability is anticipated, previously disturbed indigenous vegetation areas
shall be renourished and/or replanted by the government undertaking beach and/or dune
renourishment activities with the cooperation and participation of the majority of upland
property owners directly benefitting from the proposed renourishment and planting
activities."
Policy: 3.3.3-The Village shall maintain its landscape regulations to encourage the removal of
exotic vegetative species and the substitute replanting of native species.
TGB Comment to EAC: Re -write needed.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
4
Page 14 of 43
Agenda Item #2.
o Re -write as follows: "Policy: 3.3.3 - The Village shall maintain and amend as may be
required in its codified landscape regulations to require timely property owner removal of
exotic vegetative species and the timely substitute replanting of areas wherein exotic plant
species were removed with the planting of native species. The Tequesta Code of
Ordinances, if needed, shall be amended to accomplish the intentions of this Policy 3.3.3."
Policy: 3.3.4 - The Village shall continue implementing Florida Friendly Landscaping principles
and identify which non-native plants might be appropriate for landscaping use in the Village.
TGB Comment to EAC: Re -write required.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write as follows: "Policy: 3.3.4 - The Village shall continue implementing Florida
Friendly Landscaping principles for its own projects and for private property applications
pursuant to its Code of Ordinances and shall identify and potentially codify which non-
native plants might be appropriate for landscaping use in the Village so long as the allowed
non-native plants shall not be listed as an invasive species by either the Florida Friendly
Landscaping entity, the Palm Beach County DERM or the South Florida Water
Management District. In furtherance of this policy the Village shall update its Code of
Ordinances to list every exotic or invasive plant species identified as such by the Florida
Friendly Landscaping entity, the Palm Beach County DERM and the South Florida Water
Management District."
Objective: 3.4.0 - The Village shall support programs that will ensure adequate access to public
beaches while maintaining dune stability.
TGB Comment to EAC: Fine as written.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Fine as written.
Policy: 3.4.1 - When appropriate, the Village should utilize innovative techniques to provide
proper access to beaches while protecting the future integrity of the dune system.
TGB Comment to EAC: Re -write required.
5
Page 15 of 43
Agenda Item #2.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write to read as follows: "Policy: 3.4.1- The Village shall utilize innovative techniques,
particularly during the development review process, to provide public access to beaches
located within the jurisdiction of Tequesta while protecting the future integrity of the dune
system by requiring such precautions as properly constructed dune crossover structures in
keeping with current best practices for such structures."
Objective: 3.5.0 - The Village shall prohibit all private motor vehicles from driving on the beach
and dune. An exception shall be provided for emergency vehicles and those associated with beach
restoration and cleanup, provided that the latter are restricted to the area adjacent to the mean high-
water line and meet the specific provisions of the Palm Beach County Sea Turtle Protection
Ordinance.
TGB Comment to EAC: Re -write needed.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write to read as follows: "Objective: 3.5.0 - The Village shall prohibit all private motor
vehicles from driving on the beach and dune. An exception shall be provided for public
sector emergency vehicles and those vehicles and or equipment associated with permitted
beach restoration and cleanup, provided that the latter shall provide an approved plan of
access to the beach with minimal dune and beach damage along with an associated plan of
complete restoration of the area impacted by the temporary crossover and to the areas
seaward and landward of the mean high-water mark. Further, such vehicles and equipment
shall meet the specific provisions of the Palm Beach County Sea Turtle Protection
Ordinance."
Policy: 3.5.1 - Village ordinances and regulations should delineate which motorized vehicles are
to be prohibited from driving on the primary dunes.
TGB Comment to EAC: Re -write.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write to read as follows: "Policy: 3.5.1 - Village ordinances and regulations shall
delineate which motorized vehicles are to be prohibited from driving on the primary
dunes."
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Page 16 of 43
Agenda Item #2.
Goal: 4.0.0 - The complete consideration of identified use limitations in future coastal zone
planning and management decisions by the Village.
TGB Comment to EAC: Re -write needed.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write to read as follows: "Goal: 4.0.0 - The Village shall undertake a comprehensive
review of potential land uses in the Coastal Zone for the expressed purpose of identifying
and formally adopting land use limitations for future Coastal Zone planning and
management decisions by the Village.
Objective: 4.1.0 - The Village will continue to prohibit the disturbance of the sensitive sea grass
beds and productive mangrove and high marsh areas adjacent and within the Indian River Lagoon
Aquatic Preserve, except when necessary for the continued health, safety and welfare of the public.
TGB Comment to EAC: Re -write required.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write to read as follows: "Objective: 4.1.0 - The Village shall continue to prohibit the
disturbance of the sensitive sea grass beds and productive mangrove and high marsh areas
adjacent to and within the local Jensen Beach to Jupiter Inlet Aquatic Preserve."
Policy: 4. L I - The Village shall continue to require a twenty-five (25) foot landscape buffer zone
along the Indian River Lagoon Aquatic Preserve in accordance with its participation in the Palm
Beach County Mangrove Protection Program.
TGB Comment to EAC: Re -write needed.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write to read as follows: "Policy: 4.1.1-The Village shall continue to require a twenty-
five (25) foot landscape buffer zone along the local Jensen Beach to Jupiter Inlet Aquatic
Preserve in accordance with its participation in the Palm Beach County Mangrove
Protection Program.
7
Page 17 of 43
Agenda Item #2.
Objective: 4.2.0 - The Village shall limit development, redevelopment, and infrastructure in the
coastal high -hazard area in accordance with statutory requirements.
TGB Comment to EAC: Re -write needed.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write to read as follows: "Objective: 4.2.0 - The Village shall limit development,
redevelopment, and infrastructure in the coastal high -hazard area in accordance with
statutory requirements and the latest version of Policy 1.5.1 of the Coastal Management
Element of the Village Comprehensive Plan."
Policy: 4.2.1 - The Village should keep abreast of federal requirements to assure residents
eligibility for flood insurance'
TGB Comment to EAC: Re -write required.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write to read as follows: "Policy: 4.2.1 - The Village shall keep abreast of federal
requirements to assure residents continued eligibility for flood insurance'and to take all
reasonable steps necessary for Tequesta property owner's to receive maximum attainable
National Flood Insurance Program discounts."
Policy: 4.2.2 - The Village should carefully scrutinize all developments in flood zone areas as part
of the planning and review process.
TGB Comment to EAC: Re -write.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write to read as follows: "Policy: 4.2.2 - The Village shall carefully scrutinize all
proposed developments in flood zone areas as part of the planning and review process."
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Page 18 of 43
Agenda Item #2.
Policy: 4.2.3 - The relocation, mitigation or replacement of infrastructure within the coastal high
hazard area shall be prioritized as follows when State funding is anticipated to be needed: 1. When
the general health, safety and welfare of the community is directly impacted; 2. When the general
health, safety and welfare is not directly impacted, mitigation of infrastructure can be considered,
while relocation of infrastructure shall be given the lowest priorities.
TGB Comment to EAC: As written, this makes no sense. Re -write.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write to read as follows: "Policy: 4.2.3 - The relocation, mitigation or replacement of
infrastructure within the coastal high hazard area shall be prioritized as follows when State
or local funding is anticipated to be needed: (1) When the general health, safety and welfare
of the community is directly impacted, relocation, mitigation or replacement may be
considered. (2) When the general health, safety and welfare is not directly impacted,
mitigation of infrastructure can be considered. (3) Relocation of infrastructure shall be
given the lowest priority."
Goal: 5.0.0 - Protect human life and limit public expenditures in areas subject to destruction by
natural disasters.
TGB Comment to EAC: Is Sea level rise a natural disaster? If so, re -write.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write to read as follows: "Goal: 5.0.0 -Protect human life and limit public expenditures
in areas subject to destruction by natural disasters, except for anticipated impacts due to
sea -level rise."
Objective: 5.1.0 - The Village shall limit public expenditures that subsidize development in coastal
high -hazard areas, except for restoration or enhancement of natural resources.
TGB Comment to EAC: Re -write needed.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write to read as follows: "Objective: 5.1.0 - The Village shall not make any Village
public expenditures that subsidize development in coastal high -hazard areas, except for
restoration or enhancement of natural resources."
0
Page 19 of 43
Agenda Item #2.
Policy: 5.1.1 - The Village shall discourage the expenditure of public funds in the coastal high -
hazard area, unless funds are to be used to upgrade existing facilities or infrastructure, or to replace
damaged infrastructure.
TGB Comment to EAC: This is in contravention with revised Objective 5.1.0. Therefore, re -write.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write to read as follows: "Policy. 5.1.1 - The Village shall discourage the expenditure
of public funds in the coastal high -hazard area by other governmental entities, unless (1)
for restoration or enhancement of natural resources or (2) funds are to be used to replace
existing facilities or infrastructure for planned renewal and replacement activities without
expansion of capacity, or to replace damaged infrastructure without expansion of capacity."
Policy: 5.1.2 - The Village shall continue to identify areas needing redevelopment, including the
elimination of unsafe conditions and inappropriate uses, in the coastal high hazard area.
TGB Comment to EAC: Re -write needed.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write to read as follows: "Policy: 5.1.2 - The Village shall continue to identify areas (1)
in need of restoration or enhancement of natural resources by the appropriate governmental
entity or private property owner as may be applicable; (2) plan for existing facilities or
infrastructure in need of renewal and replacement without expansion of capacity pursuant
to its approved Capital Improvement Program; and (3) to replace damaged infrastructure
without expansion of capacity. In addition, the Village will continue to identify unsafe
conditions and inappropriate uses in the coastal high hazard area to be eliminated by the
appropriate governmental entity or private property owner as may be applicable."
Policy: 5.1.3 - The Village Floodplain Administrator shall periodically review existing coastal
construction regulations to determine the need for revisions based on natural disaster mitigation
techniques formulated by State and County agencies and the Village post -disaster redevelopment
plan, as it may be amended from time to time.
TGB Comment to EAC: Fine as written.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
10
Page 20 of 43
Agenda Item #2.
o Fine as written.
Objective: 5.2.0 - The Village shall maintain hurricane evacuation procedures that will maintain
or reduce hurricane evacuation times.
TGB Comment to EAC: Fine as written, although this is unlikely to occur in practice as population
of the region grows and traffic increases.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Fine as written.
Policy: 5.2.1 - The Village shall periodically review hurricane evacuation methods and keep
abreast of procedures regarding integration into the regional evacuation plan.
TGB Comment to EAC: Fine as written.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Fine as written.
Policy: 5.2.2 - The Village shall consider hurricane contingency planning as a component of the
marina siting criteria and procedures referenced in Policy 1.3.3 of this Element.
TGB Comment to EAC: If this means VOT will make marinas have an approved hurricane
contingency plan this is fine, but what does it truly mean?
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Please be more specific and clarify what this means for the VOT and for marina operators.
Objective: 5.3.0 - The Village shall provide for post -disaster redevelopment plans which reduce
or eliminate the exposure of human life and public and private property to natural hazards.
TGB Comment to EAC: Fine. I'd like to read the required post -disaster redevelopment plan this
required.
11
Page 21 of 43
Agenda Item #2.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Fine as written.
Policy: 5.3.1- The Village shall distinguish between immediate repair and clean up actions needed
to protect public health and safety and long term repair and redevelopment activities by abiding
by the following criteria and procedures: 1. Mobilize Village crews, contractors, and appropriate
entities to assess and re -activate essential services (e.g. power, water, sewer, roads, cable,
telephone, etc.) as part of the immediate repair and clean-up activities; 2. Issue press release to
establish a hotline for impacted residents and businesses to assess post -disaster damages and send
out Disaster Relief Information Forms directly to residents and businesses to help assess same; 3.
Cooperate and coordinate with FEMA, DCA, and the PBC Department of Public Safety Division
of Emergency Management to perform on -site inspection of damages; 4. Based on the previous
activities perform the final repair and redevelopment of damaged facilities and; 5. The Village
shall seek post disaster redevelopment funds to offset local costs of post -disaster redevelopment
activities.
TGB Comment to EAC: The way this is written with five steps of detail makes me very
uncomfortable. It makes me conclude that the VOT does not have a well-known Storm Emergency
Response Plan (SERP), not to mention a Comprehensive Emergency Management Plan (CEMP)
of which a SERP is a part of. Lastly, it makes no mention of the Local Mitigation Strategy (LMS)
the VOT is supposed to be a part of. If VOT had all of this these plans could just simply be
referenced and required to be updated periodically, particularly the SERP as that is our most likely
disaster to occur here. See:
SERF: https://www.townofpalmbeach.com/DocumentCenterNiew/4883/SERP 05-2021?bidld=
CEMP: https://www.townofpalmbeach.com/DocumentCenter/View/16158/MASTER-CEMP-
Revised-June-2022
LMS: hgps:Himagin.tg_equesta.org/WebLink/DocView.aspx?id=18791&searchid=Oca9ba79-
96b6-479b-9f54-6b 1588495efb&dbid=0&repo=TEQUESTA
LMS (2): https:Hdiscover.pbcgov.org/publicsafeiy/dem/Sections/Planning,-Local-Mitigation-
Strategy.aspx
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write to make reference to VOT official documents and policies pertaining to disaster
preparedness and post -disaster strategies.
12
Page 22 of 43
Agenda Item #2.
Policy: 5.3.2 - The Village shall provide for removal, relocation, or structural modification of
damaged infrastructure, as determined appropriate by the Village, but consistent with federal
funding provisions and unsafe conditions. Priority shall be given to immediate clean-up actions
and replacement service, and maintenance of infrastructure in the coastal high -hazard area,
including but not limited to, roadways, drainage and utilities.
TGB Comment to EAC: This makes no mention of the Florida Building Code and none of this
would be required if there is an adopted SERP and these types of procedures were contained therein
and referenced herein.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write to read as follows: "Policy: 5.3.2 - The Village shall provide for removal,
relocation, or structural modification of damaged infrastructure, as determined appropriate
by the Village, but consistent with federal funding provisions, the Florida Building Code
and unsafe conditions. Priority shall be given to immediate clean-up actions and
replacement service, and maintenance of infrastructure in the coastal high -hazard area,
including but not limited to, roadways, drainage and utilities."
Policy: 5.3.3 - The Village shall restrict redevelopment in the coastal high -hazard area as part of a
post -disaster redevelopment plan and discourage the expenditure of public funds for the
construction of new facilities and infrastructure. Where possible, economical and feasible, further,
the Village shall relocate public infrastructure and facilities outside of the coastal high -hazard area
where feasible, appropriate, and economical.
TGB Comment to EAC: This seems very redundant to me. See rewritten Policy 4.2.3 above.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o This policy can be considered for deletion as the subject has already been addressed above
in the Comprehensive Plan element.
Objective: 5.4.0 - The Village shall protect and preserve historic resources by establishing an
archaeological and historic resource review procedure in the Village Code of Ordinances.
TGB Comment to EAC: I agree. Let's see the Code revision that did this. The current Code,
adopted in 2013, prior to this 2017 Comprehensive Plan, leaves it up to the applicant to provide
information to the Village about archaeological and historic resources on the site proposed for
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Page 23 of 43
Agenda Item #2.
development. This needs to be updated by requiring an archaeological report on the site provided
to the DRC, Planning and Zoning Board and the Village Council.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write to require the proposed Code revision to include a provision for the applicant or
land owner to provide an archaeological report on the site provided to the DRC, Planning
and Zoning Board and the Village Council as part of the review process.
Policy: 5.4.1 - The Village shall prohibit development and/or redevelopment of sites that may be
determined to have archaeological or historic significance by amending the Village development
codes to provide for a review process by State and local agencies and, if appropriate, the
requirement to conform to a preservation plan.
TGB Comment to EAC: Prohibiting development seems like a taking (condemnation) to me. I
would revise this to require a mitigation and/or preservation plan approved by the State, other
applicable agencies and Village Council, prior to the development of the site in question.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write to read as follows: "Policy: 5.4.1- The Village shall prohibit development and/or
redevelopment of sites that may be determined to have archaeological or historic
significance until such time as an acceptable mitigation and/or preservation plan has been
approved by any applicable State agencies, other applicable governmental agencies and the
Village Council. This will be accomplished by amending all applicable Village
development codes and other Village codes as may be required along with a requirement
that the property owner and/or developer shall conform to the approved mitigation or
preservation plan."
Goal: 6.0.0 - Continue to provide for the sustainable use of the natural resources of the Village,
ensure that adequate services are available to serve Village residents and the public to the coastal
area, and support sea level rise mitigation strategies.
TGB Comment to EAC: Fine as written.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Fine as written.
14
Page 24 of 43
Agenda Item #2.
Objective: 6.1.0 - The Village shall consider investigating and adopt and implement appropriate
and cost-effective strategies which increase community resiliency and protect property,
infrastructure, and cultural and natural resources from the impacts of climate change, sea level rise,
changes in rainfall patterns, and extreme weather events.
TGB Comment to EAC: Fine, but minor re -write needed.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write to read as follows: "Objective: 6.1.0 - The Village shall investigate, adopt and
implement appropriate and cost-effective strategies facilitated with state and federal grants
which will increase community resiliency and protect property, infrastructure, and cultural
and natural resources from the impacts of climate change, sea level rise, changes in rainfall
patterns, and extreme weather events."
Policy: 6.1.1- The Village shall utilize best practices and initiate mitigation strategies to reduce
the risk of flooding in coastal areas that may result from high tide events, storm surge, flash floods,
stormwater runoff, and shall consider the related impacts of sea level rise. [Section 163.3178, F.S
(Chapter 2015-69, Section 1)].
TGB Comment to EAC: Fine as written. Mandatory!
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Fine as written.
Policy: 6.1.2 -The Village shall collaborate with Palm Beach County to increase regional resilience
by sharing technical expertise, participating in annual summits, assessing local vulnerabilities,
advancing agreed -upon mitigation and adaptation strategies, and developing joint state and federal
legislation policies and programs.
TGB Comment to EAC: Agreed. Fine as written
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Fine as written.
Policy: 6.1.3 - The Village shall consider coordinating with Palm Beach County, other local
governments, federal, state and regional agencies and private sector to develop initiatives and goals
to address sea level rise.
15
Page 25 of 43
Agenda Item #2.
TGB Comment to EAC: Minor re -write needed.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write to read as follows: "Policy: 6.1.3 - The Village shall coordinate with Palm Beach
County, other local governments, federal, state and regional agencies and the private sector
to develop initiatives and goals to address sea level rise."
Policy: 6.1.4 - The Village shall consider the feasibility of the use of Adaptation Action Areas as
provided by Section 163.3177(6)(g)(10), Florida Statutes, to identify areas vulnerable to coastal
storm surge and sea level rise impacts.
TGB Comment to EAC: Yes, this process prioritizes funding for infrastructure needs and
adaptation planning.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Fine as written.
Policy: 6.1.5 - The Village of Tequesta shall conduct a study to implement sea level adaptation
and mitigation measures to the extent practical.
TGB Comment to EAC: This sounds like a Vulnerability Study, which if true, is underway now
on 11/27/2022.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Fine as written.
Policy: 6.1.6 - The Village of Tequesta shall consider coordinating with Palm Beach County to
integrate consideration of sea level impacts, and adaptation and mitigation strategies, into existing
and future system -wide planning, operations, policies, and programs.
TGB Comment to EAC: This sounds redundant. See re -written Policy 6.1.3 above, but just in case
re -write.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
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Agenda Item #2.
o Re -write to read as follows: "Policy: 6.1.6 - The Village of Tequesta shall consider
coordinating with Palm Beach County and/or other local governments, federal, state and
regional agencies and the private sector to integrate consideration of sea level impacts, and
adaptation and mitigation strategies, into existing and future system -wide planning,
operations, policies, and programs."
Policy: 6.1.7 - The Village shall evaluate opportunities to protect coastal investments and
infrastructure, as necessary and feasible, from the impacts of climate change. Specifically, the
Village shall maintain shoreline protection and erosion control by:
a) Continuing the appropriate use of beach nourishment and sand bypassing;
b) Facilitating the installation and maintenance of native beach dune vegetation along appropriate
areas of beach;
c) Considering hard structures, such as seawalls only when alternative options are unavailable.
TGB Comment to EAC: Re -write needed.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
Re -write to read as follows: "Policy: 6.1.7 - The Village shall evaluate opportunities to protect
coastal investments and infrastructure, as necessary and feasible, from the impacts of climate
change. Specifically, the Village shall maintain shoreline protection and erosion control by:
a) Continuing to support the appropriate use of beach nourishment and sand bypassing employed
by others; and
b) Facilitating and supporting the installation and maintenance of native beach dune vegetation
along appropriate areas of beach; and
c) Investigating the feasibility of increasing construction setbacks from the dunes, existing
seawalls or the CCCL to reduce property risk probabilities; and
d) Considering hard structures, such as seawalls only when alternative options are unavailable."
Policy: 6.1.8 - The Village shall continue the use of mitigation strategies to increase energy
efficiency and conservation, and to reduce greenhouse gas emissions. These could include, but are
not limited to, land use and transportation strategies such as encouraging compact residential
development, providing incentives for mixed use and redevelopment that maximize internal trip
capture, improving access to transit, improving non -motorized movement, requiring
interconnectivity among adjoining parcels, and providing incentives for green building methods.
TGB Comment to EAC: Re -write needed.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
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Agenda Item #2.
o Re -write to read as follows: "Policy: 6.1.8 - The Village shall continue the use of mitigation
strategies to increase energy efficiency and conservation, and to reduce greenhouse gas
emissions. These could include, but are not limited to, marketing the Village Adopt -a -Tree
program and aggressively expanding streetscapes throughout the Village, land use and
transportation strategies such as encouraging compact residential development, providing
incentives for mixed use and redevelopment that maximize internal trip capture, improving
access to transit, improving non -motorized movement, expanding the sidewalk and
surfaced pathways throughout the Village requiring interconnectivity among adjoining
parcels, inclusion of ongoing funding for such initiatives in the Village capital
improvement program and providing incentives for green building methods with the input
of the Building Department , Department of Community Development and the
Environmental Advisory Committee."
Policy: 6.1.9 - The Village shall implement strategies for adaptation to climate change impacts,
especially sea level rise, is incorporated into the planning, siting, construction, replacement and
maintenance of public infrastructure in a manner that is cost-effective and that maximizes the use
of the infrastructure throughout its expected life span.
TGB Comment to EAC: This doesn't read right. Re -write.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write to read as follows: "Policy: 6.1.9 - The Village shall implement strategies for
adaptation to climate change impacts, especially sea level rise, by incorporating anticipated
environmental changes into the planning, siting, construction, replacement and
maintenance of public infrastructure with foresight that is both cost-effective in the
deployment of expensive public infrastructure while doing so in a manner to enable
taxpayers to realize the maximum expected useful life of installed infrastructure."
Policy: 6.1.10 - The Village shall make the practice of adapting the built environment to the
impacts of climate change an integral component of all planning and capital improvement
processes.
TGB Comment to EAC: Fine as written.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Fine as written.
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Agenda Item #2.
Policy: 6.2.0 - The Village shall continue and enhance its participation in programs that reduce
flood insurance premiums for residents including but not limited to then National Flood Insurance
Program Community Rating System.
TGB Comment to EAC: Needs a minor fix.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write to read as follows: "Policy: 6.2.0 - The Village will continue its participation in
the National Flood Insurance Program Community Rating System and seek to improve its
score, with the goal of securing reductions in flood risk and insurance premiums for
Tequesta property owners."
Policy: 6.2.1 - The Village will continue its participation in the National Flood Insurance
Program's Community Rating System and strive to improve its score, resulting in reductions in
flood risk and insurance premiums for residents.
TGB Comment to EAC: Redundant if one accepts the Policy 6.2.0 re -write.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Consider deleting Policy 6.2.1 as the re -write of Policy 6.2.0 incorporates these issues.
Policy: 6.2.2 - The Village shall prioritize public outreach and education to residents and the
business and development community on the importance and benefits of mitigating flood risk, and
how the Village's participation in these efforts results in reduced flood insurance premiums.
TGB Comment to EAC: Fine as written.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Fine as written.
Objective 6.3.0 - To adopt principles and strategies and implement engineering solutions to address
the impact of climate change and sea level rise and to reduce flood risk in affected coastal areas.
TGB Comment to EAC: Haven't we already covered this with Policies like 6.1.13, 6.1.4 and 6.1.5
above?
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Agenda Item #2.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Consider for possible elimination as it may be redundant.
Policy 6.3.1.- To protect coastal infrastructure, public and private property form the impacts of
climate change and sea level rise.
TGB Comment to EAC: This is poorly written. Change the word "form" to "from." and weak as
a policy statement. Policies refer to specific actions to be taken. This statement has no specificity.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Consider rewriting this or eliminating it as it is potentially redundant.
Policy 6.3.2.- The Village shall seek funding from studies and infrastructure improvements to
implement engineering solutions that reduce flood risk in the coastal zone.
TGB Comment to EAC: Re -write.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Re -write to read as follows: "Policy 6.3.2.- The Village shall proactively seek grant funding
from the state and/or federal government to augment or eliminate Tequesta funding based
upon the results of vulnerability studies or other assessments, engineering or otherwise,
that forecast the impacts of sea level rise in Tequesta to require remedial efforts to mitigate
or eliminate anticipated impacts to real property and public infrastructure. These steps may
be necessary in order to provide adequate financial resources for the timely implementation
of engineering solutions that will reduce flood risk in the coastal zone and all other
locations throughout the Village identified as requiring mitigation efforts to protect life,
property and infrastructure resulting from rising sea levels spilling over into all waters
surrounding the three peninsulas constituting the Village of Tequesta."
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