HomeMy WebLinkAboutDocumentation_Regular_Tab 10A1_6/14/1990VILLAGE OF TEQUESTA
Post Office Box 3273 • 357 Tequesta Drive
Tequesta, Florida 33469-0273 • (407) 575-6200
FAX: (407) 575-0203
MEMORANI7LTM
TO: Village Council
FROM: Thomas G. Bradford, Village Manager
DATE: June 8, 1990
SUBJECT: Proposed Draft Substitute Ordinance No.404;
Agenda Item
Pursuant to the request of the Village Council at the last
Village Council Meeting, wherein it was requested that Ordinance
404 be tabled until June 14th to allow the staff time to prepare a
draft substitute, attached hereto, please find such a draft
Ordinance.
In the event that the Village Council is desirous of pursuing
the substitute Ordinance, clarification of its impact and intent
appears below:
o The lead agency in review and permitting will be the
Tequesta Building Department.
o This Ordinance can be construed to require Village of
Tequesta permitting of County, State and Federal Beach
renourishment projects as well as private beach
renourishment projects. The Village Council should
determine whether or not this is an area it wishes the
Village to be involved with and regulate.
o Permit rev:;.ew requirements are such that they may
require the contractual hiring of a biologist,
environmental specialist or other professional.
Currently, Palm Beach County DERM has such professionals
on its stafz to assist it in these efforts.
o The permit fees of $100.00 for a General Permit and
$500.00 for a Permit are inadequate to cover the costs
of contractual consultants. Therefore, the permit fees
should be amended to allow for direct consultant costs
to be passed on directly to the applicant.
Proposed Draft Substitute Ordinance 404
Agenda Item
June 8, 1990
Page 2 -
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o The Ordinance allows the applicant to appeal the
findings of the Building Department directly to the
Village Council.
o The Ordinance as drafted provides an option of referring
violations to the Tequesta Code Enforcement Board.
These and any other matters of the Village Council should be
seriously considered. This draft Ordinance should be reviewed
closely by the Village Attorney for legal form and sufficiency
prior to first reading of this proposed Ordinance.
TGB/mk
Attachments
ORDINANCE NO. 404
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, TO BE
KNOWN AS THE COASTAL PROTECTION ORDINANCE;
PROVIDING A SHORT TITLE AND APPLICABILITY;
PROVIDING AUTHORITY; PROVIDING A PURPOSE;
PROVIDING DEFINITIONS; PROVIDING JURISDICTION;
ESTABLISHING A COASTAL PROTECTION ZONE AND A SAND
PRESERVATION ZONE; PROVIDING FOR GENERAL PERMITS;
PROVIDING FOR PERMITS; PROVIDING PERMIT FEES;
PROVIDING AN APPEAL PROCESS; PROVIDING FOR
VIOLATIONS, ENFORCEMENT AND PENALTIES; PROVIDING
FOR REPEAL OF LAWS IN CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF
LAWS AND ORDINANCES; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, to be completed, if needed.
WHEREAS, to be completed, if needed.
WHEREAS, consideration has been given to ground
elevations in relation to historical storm and hurricane
tides, predicted maximum wave run-up, beach and offshore
ground contours, coastal vegetation, erosion trends, dunes,
and existing upland development; and
WHEREAS, the Village Council has determined after
consideration of the above described factors that new
regulations establishing a construction setback line as set
out below are necessary for the protection of upland
properties, the control of beach erosion, hurricane
protection, coastal flood control, and shoreline and
offshore rehabilitation; and
WHEREAS, even under existing regulations destruction or
loss of dunes has taken place within areas of the Village
and adjacent areas and has contributed to the erosion of the
shore, jeopardizing the safety of structures behind the
dunes and upland of the beaches; and
WHEREAS, in adopting this Ordinance, the Village Council
recognized the importance of preserving and protecting the
dune system as a vital physical feature of the natural
environment possessing outstanding geological, biological,
recreational, scenic and protective value for this and
succeeding generations of citizens; and
WHEREAS, in adopting this Ordinance, the Village council
seeks to protect the natural functioning of the beach/dune
system and encourage restoration of destroyed beaches and
dunes, to protect and enhance the coast and to devote these
areas to only those limited land uses which preserve,
protect and enhance the natural environment of the beaches
and dunes; and
WHEREAS, a permitting program is necessary in order to
provide for uniform regulation in a timely manner of any
proposed alteration which would create any impact on the
environment, natural beauty, or level of storm protection
provided by the.. beach dune system; and
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WHEREAS, the lead agency for reviewing and permitting
coastal projects in the Village of Tequesta is the Tequesta
Building Department.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA:
Section 1. Short Title; Applicability.
1.01 This Ordinance shall be known as the "Village of
Tequesta Coastal Protection Ordinance" and repeals and
replaces all references to Palm Beach County Ordinance 72-12
and Ordinance 78-20.
1.02 The recitations set forth in the "WHEREAS"
paragraphs above are incorporated by reference herein as
findings of fact upon which this ordinance is based.
1.03 All provisions of this Ordinance shall be
effective within the corporate limits of the Village of
Tequesta, Florida, and shall set restrictions, constraints
and requirements to preserve and protect the coastal
beaches, dunes, and coastal vegetation.
1.04 This Ordinance shall apply to any activity that
has the potential to adversely impact the coastal beaches
and dunes in the Village of Tequesta within the limits of
jurisdiction.
1.05 This Ordinance shall be liberally construed to
effect the purposes set forth herein.
Section 2. Authori
This Ordinance is adopted under the authority of Chapter
166, Florida Statutes and the Charter of the Village of
Tequesta.
Section 3. Purpose
The purpose of this Ordinance is to preserve and protect
the integrity of the coastal beach and dune from any
activity which would tend to destabilize the dune or reduce
the ability of the coastal beach and dune to respond
naturally to storm events.
Section 4. Definitions
4.01 "Alter(ation)" or "Materially alter" shall mean the
removal, addition, or moving of sand; the removal or
addition of any vegetation by planting or transplanting; or
the destruction, pruning, cutting, or trimming of any
vegetation but shall exclude the removal of seedlings,
runners, suckers, and saplings (less than ten (10) feet in
height) of exotic plant species. It shall also mean any
construction, excavation or placement of a structure which
has the potential to adversely affect coastal biological
resources, the control of beach erosion, hurricane
protection, coastal flood control or shoreline and offshore
rehabilitation.
4.02 "Beach" shall mean the zone of unconsolidated
material that extends landward from the mean high water line
of the Atlantic Ocean to 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. "Beach" is alternately termed "shore".
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4.03 "Beach Cleaning" shall mean the clearing or
burying of seaweed,; debris, dead fish, or trash or the
contouring of the beach by raking and leveling, provided
that such activity shall not disturb existing beach or dune
vegetation. Such activity shall not change the final ground
elevations greater than one feet.
4.04 "Beach Fill" shall mean sand placed on the beach.
4.05 "Board" shall mean the Village Council representing
the Village of Tequesta.
4.06 "Coastal Protection Zone" shall mean an area of
jurisdiction established by this Ordinance. This zone
extends from the mean high water line of the Atlantic Ocean
to a line twenty-five (25) feet landward of the crest of the
dune or the State of Florida Coastal Construction Control
Line, whichever is more landward.
4.07 "Coastal Vegetation" shall mean all native plant
species indigenous to Palm Beach County's beaches and
dunes. The coastal vegetation species recommended for use
are provided in the Appendix.
4.08 "Crest of the dune" shall mean the highest point in
elevation of the dune.
4.09 "Department" shall mean the Building Department
acting on behalf of the Village of Tequesta.
4.10 "Dune" shall mean a hill or ridge or windblown
sand and marine deposits lying landward of, and adjacent to,
the beach which is formed by natural and artificial
processes.
4.11 "Emergency" shall mean any unusual incident which
results in immediate danger to the health, safety, welfare
or resources of the residents of the Village, including
damages to or erosion of any shoreline resulting from a
hurricane, storm, or other such violent disturbance.
4.12 "Endangered, Threatened, Rare, and Species of
Special Concern" means any species listed as endangered,
threatened, rare, or of special concern by one or more of
the following agencies:
(a) U.S. Fish and Wildlife Service.
(b) Florida Game and Fresh Water Fish Commission.
(c) Florida Committee on Rare and Endangered Plants
and Animals.
(d) Florida Department of Agriculture.
(e) Treasure Coast Regional Planning Council.
4.13 "Excavation" shall mean removal or displacement of
soil, sand, or vegetation by the process of digging,
dredging, cutting, scooping, or hollowing out.
4.14 "Motor Vehicle" includes any auto, car, van,
truck, tractor, fiotorcycle, dune buggy, moped, or other
similar vehicle, but excludes wheelchairs and emergency
rescue vehicles.
4.15 "Sand" shall mean sediments having a distribution
of particle diameters between .074 and 4.76 millimeters.
=.M
4.16 "Sand Preservation zone" shall mean an area of
jurisdiction, established by this Ordinance, for the purpose
of maintaining the volume of beach sand within the
beach/dune system. This zone extends from the mean high
water line of the Atlantic Ocean to a line six hundred (600)
feet landward.
4.17 "Seedling, sapling, runner, or sucker" shall mean
any young plant or tree in early stages of growth.
4.18 "Structure" includes anything constructed or
erected temporarily or permanently on the ground or attached
to something having a permanent location on the ground and
shall include houses, pools, patios, garages, gazebos, shore
protection devices, pavement, signs, walls, bulkheads,
fences, radio towers, or other types of construction with
interior surfaces, but excludes lifeguard stands.
Section 5. Jurisdiction and Prohibitions
5.01 The Department shall have regulatory authority
over all alterations (as defined in Section 4) to the
beaches and dunes. This Ordinance establishes two zones of
jurisdiction - the Coastal Protection Zone and the Sand
Preservation Zone.
5.02 The Coastal Protection Zone is established for the
purposes of protecting the integrity of the coastal beach
and dune system. This zone extends from the mean high water
line of the Atlantic Ocean to a line twenty-five (25) feet
landward of the crest of the dune or the State of Florida
Coastal Construction Control Line, whichever is more
landward.
5.03 The Sand Preservation Zone is established for the
purposes of maintaining the volume and quality of beach sand
presently existing within the beach/dune system. The unique
characteristics of the sediments contained in the existing
beaches and dunes of the Village require the preservation of
these materials within the beach/dune system. The Sand
Preservation Zone extends from the mean high water line of
the Atlantic Ocean to a line six hundred (600) feet
landward.
5.04 Within the limits of jurisdiction of the Coastal
Protection Zone as defined in this section:
(a) no person, firm, corporation, municipality,
special district or public agency shall:
(1) construct any structure;
(2) place any soil, sand or material;
(3) make any excavation;
(4) remove any existing soil, sand or beach
material or otherwise alter existing ground
elevations;
(5) alter, damage or cause to be damaged any
sand dune or coastal vegetation, or;
(6) drive any motor vehicle;
on, over or across any beach or sand dune without
first having obtained a permit from the Village of
Tequesta as provided for in this Ordinance.
Nothing herein shall prevent official motor
vehicles of any governmental agency from
traversing any sand dune or beach in the
performance of official duties provided the
vehicle operators avoid coastal vegetation
whenever possible.
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(b) it shall be a violation for pedestrians to
traverse the dune within two hundred (200) feet of
a public dune walkover except by use of the
walkover.
5.05 Within the limits of jurisdiction of the Sand
Preservation Zone as defined in this section, no person,
firm, corporation, municipality, special district or public
agency shall remove any beach or dune sediments from their
property without first having obtained a permit from the
Village of Tequesta as provided for in this Ordinance.
Section 6. General Permits
6.01 General Permits may be issued for the proposed
construction of dune walkovers, installation of utility
transmission lines, dune revegetation projects of less than
4000 square feet, minor fill projects with less than 200
cubic yards of fill placed on less than 4000 square feet and
routine dune maintenance activities. General Permits shall
be issued provided the proposed project complies with the
criteria specified in Section 6.17. Applicants with
proposed projects that do not meet the criteria for a
General Permit must apply for a Permit (see Section 7).
6.02 General Permit applications shall be made on a
form approved by the Department. The Department may make
use of forms already in use by county, state, and/or federal
agencies.
6.03 An application shall not be deemed complete until
the application fee and any and all information necessary to
fully understand the extent, nature, and potential impacts
of a proposed project are received by the Department. Such
information may include, but is not limited to:
(a) a completed application form;
(b) an explanation of the purpose and necessity of the
project;
(c) a description of construction techniques and
schedules;
(d) photographs of existing conditions which may
include serial photographs;
(e) plans showing profile and plan views including
elevations of proposed and existing structures,
dune and vegetation, and;
(f) sediment analysis of existing dune and beach and
any proposed fill material;
6.04 Where an application is made for work in common
areas of a multi -family residential site (i.e.,
condominiums, apartments, townhouses, villas, etc.) the
representative association, or all of the homeowners as a
group, shall be the applicant. The Department shall not
process an application made by one unit owner in a multi-
family setting where the work is proposed on lands
designated, as or can reasonably be considered to be, common
areas.
6.05 Upon receipt of any application, the Department
shall have thirty (30) days to request any additional
information pursuant to Section 6.03 above.
6.03 If the Department does not make a request for
additional information within thirty (30) days of receipt of
an application or requested information, the application
shall be deemed complete upon receipt.
6.07 Failure to respond to a Department request for any
additional information within sixty (60) days may result in
the application being denied without prejudice. However,
the Department may grant an extension of time as is
reasonably necessary to fulfill a request for additional
information.
6.08 Upon receipt of a completed application and fee,
the Department shall have forty-five (45) days to take final
action unless the applicant agrees in writing to a time
extension or waiver of this requirement. Final agency
action shall be General Permit issuance, conditional General
Permit issuance, or notice of inapplicability under the
General Permit criteria.
6.09 Any General Permit application containing false
information may be rejected and any General Permit issued
based upon false information may be revoked.
6.10 General Permits may be issued by the Department
with a duration of one (1) year with annual renewal
conditioned upon General Permit compliance.
6.11 The Department may attach conditions to any
General Permit where such conditions are deemed reasonably
necessary to protect the environmental integrity of the
subject site, or areas of potential impact.
6.12 Any application received that is substantially the
same as a previous application that has been denied by the
Department shall also be denied without further processing.
6.13 Any site or applicant that is subject to or
recipient of a notice of violation or notice of General
Permit noncompliance that remains unresolved shall not be
issued a Department General Permit or Permit.
6.14 Any substantial modification to a complete
application, or to an issued General Permit, shall require
an amended application form and an additional application
fee pursuant to Section 8 of this Ordinance and shall
restart the time periods of this Section.
6.15 The provisions of this section shall not apply to
structures, plantings, and alterations existing or under
construction as of the effective date of this Ordinance
provided, however, that such existing structures and these
structures under construction, are not expanded beyond the
specifications of their respective plans existing and
approved as of the effective date of this Ordinance.
6.16 General Permits issued under this Ordinance shall
not be valid unless the proposed project complies with all
other ordinances administered by the Department.
6.17 Criteria for issuance of a General Permit
An application for a General Permit will be evaluated to
verify that the project will not adversely impact the
conservation of wildlife or their habitats with special
emphasis placed upon the protection of Endangered,
Threatened, Rare, and Species of Special Concern. The
application will also be evaluated to verify that the
proposed project will not adversely impact the stability of
the dune or the natural exchange of sand between the beaches
and dunes. Specific criteria that must be not are:
(a) Dune Walkovers
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(1) Privately owned structures cannot exceed four
(4) feet in width.
(2) Publicly owned structures cannot exceed eight
(8) feet in width.
(3) The walkover shall be located in an area that
will ensure minimal disturbance to existing
native vegetation. Construction activity shall
disturb the minimum amount of vegetation and in
no case, shall such disturbance exceed a total
swath four (4) feet wider than the walkover.
(4) The slope of the walkover shall match the slope
of the dune as closely as possible while still
meeting applicable building codes for stairs.
(5) Design criteria shall meet the Florida
Department of Natural Resources requirements.
(b) Utility Transmission Lines
Installation of public utility transmission lines
under a General Permit shall not alter native
coastal vegetation.
(c) Vegetation Trimming
(1) A General Permit for trimming of dune
vegetation for a view may be issued,
provided the activity meets the criteria
established in the "Guidelines for Dune
Maintenance" (Appendix).
(2) Conditions that may be attached to a General
Permit for trimming include removal of
exotic vegetation within the Coastal
Protection Zone and implementation of a
debris removal program which shall require
the periodic removal of all human
manufactured items from the beach system,
preferably by hand.
(3) A General Permit for trimming is an annual
General Permit and a request for renewal may
be made in writing to the Department. The
request must include current photos of the
permitted activity for the purpose of aiding
the Department in determining compliance.
(d) Dune Revegetation and Filling
Repair and revegetation of the dune is strongly
encouraged provided the activity meets the criteria
in "Guidelines for Dune Maintenance" (Appendix).
Dune revegetation projects of less than 2000 square
feet or minor fill projects with less than 20 cubic
yards of fill placed on less than 2000 square feet on
the subject property over a period of one year will
be exempt from the General Permit fee requirement.
(e) Beach Cleaning Activity
(1) Beach cleaning equipment will be permitted on
the beach provided that mechanized equipment is
not used within fifteen (15) feet of the toe of
the dune or within fifteen (15) feet of any
existing coastal vegetation. Existing coastal
vegetation specifically includes isolated
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(2) Naturally occurring organic debris such as
seaweed shall be left on the beach. The debris
may be either left in place or raked into
piles. The piles may be buried in a continuous
line along the beach or placed at the base of
an unvegetated dune scarp provided that
mechanized equipment is not used within fifteen
(15) feet of the toe of the dune or within
fifteen (15) feet of any existing vegetation.
Trash and litter, such as plastics shall be
removed from the beach and properly disposed of
at a resource recovery facility or recycling
center. Raked debris shall not be placed on
adjacent property without permission from the
adjacent property owner.
(3) Access for beach cleaning equipment is
restricted to access points approved by the
Department and the Florida Department of
Natural Resources.
(f) Exotic Vegetation Removal
Removal of exotic vegetation is encouraged provided
the removal takes place in a manner that results in
the least amount of impact to existing native dune
vegetation. Removal of seedlings, runners, suckers
and saplings (less than ten (10) feet in height) of
exotic plant species does not require a permit. In
cases where trees and stumps are removed and damage
is unavoidable during the removal process, all
cleared areas will be revegetated with appropriate
coastal vegetation, according to the list provided in
"Guidelines to Dune Maintenance" (Appendix) and will
be placed in appropriate natural zones on the dune
profile.
(g) Emergency Repairs
Emergency repairs shall include placement of fill,
rock, or concrete rubble to protect structures in
imminent danger of sustaining damage from storm
waves.
Section 7. Permits
7.01 All proposed projects that do not meet the General
Permit criteria may be processed according to the
requirements of this section.
7.02 Permit applications shall be made on forms
approved by the Department. The Department may make use of
forms already in use by county, state and/or federal
agencies.
7.03 An application shall not be deemed complete until
the application fee and any and all information necessary to
fully understand the extent, nature, and potential impacts
of a proposed project are received by the Department. Such
information may include, but is not limited to:
(a) a completed application form;
(b) an explanation of the necessity and purpose of the
project;
(c) a description of construction techniques and
schedules;
(d) photographs of existing conditions which may
include aerial photographs;
(e) plans showing profile and plan views including
elevations of the proposed structure, dune and
vegetation;
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(f) sediment analysis of existing dune and beach and
any proposed fill material;
(g) engineering models and predictions, and;
(h) biological evaluation of the proposed project site
7.04 Notification of Affected Parties
It shall be the responsibility of the applicant to
notify in writing and provide a copy of the application, to
owners of all properties adjacent to the property containing
the proposed project or within 300 feet of the proposed
project for which a Permit is requested. Where the adjacent
property is a multi -family residential site (i.e.
condominiums, apartments, townhouses, villas, etc.), the
representative association or all of the homeowners as a
group shall be notified. The notification must also be
submitted in a format approved by the Department. However,
where the property for which the Permit is sought is part
of, or adjacent to, property owned by the same person, the
three hundred foot distance shall be measured from the
boundaries of the entire ownership; except that notice need
not be mailed to any property owner located more than one-
half mile (2,640 feet) from the property for which the
Permit is sought. For the purposes of this requirement, the
names and addresses of property owners shall be deemed those
appearing on the property appraiser's records of Palm Beach
County. Comments received from notified property owners will
be evaluated and considered during the permitting process.
Issues pertaining to this Ordinance related to shoreline
erosion and environmental protection that are raised by
notified property owners will be addressed by the Village
during the evaluation of application completeness. Notified
property owners must submit comments within thirty (30) days
to be considered during the evaluation of application
completeness.
7.05 Where an application is made for work in common
areas of a multi -family residential site (i.e.,
condominiums, apartments, townhouses, villas, etc.), the
representative association, or all of the homeowners as a
group, shall be the applicant. The Department shall not
process an application made by one unit owner in a multi-
family setting where the work is proposed on lands
designated as, or can reasonably be considered to be, common
areas.
7.06 Upon receipt of an application and proof provided
by the applicant that all notifiable property owners have
been notified of the proposed project, the Department shall
have thirty (30) days to request any additional information
pursuant to Section 7.03 above. Within thirty (30) days of
receipt of such additional information, the Department may
request only that information needed to clarify such
additional information or to answer new questions raised by
or directly related to such additional information.
7.07 If the Department does not make a request for
additional information within thirty (30) days of receipt of
an application or requested information, the application
shall be deemed complete upon receipt.
7.08 If an applicant fails to respond to a Department
request for an application fee, or any additional
information, within sixty (60) days, the application may be
denied without prejudice. However, the Department may grant
an extension of time as is reasonably necessary to fulfill
the request for additional information.
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7.09 Upon receipt of a completed application and fee,
the Department shall have ninety (90) days to take final
action unless the applicant agrees in writing to a time
extension or waiver of this requirement. Final agency
action shall be Permit issuance, Permit denial, or
conditional Permit issuance.
7.10 Any application containing false information may
be rejected and any Permit issued based upon false
information may be revoked.
7.11 Department Permits may be issued with a duration
period that is reasonably necessary to complete the project
not to exceed two (2) years.
7.12 The Department may attach conditions to any Permit
where such conditions are deemed reasonably necessary to
protect the environmental integrity of the subject site or
areas of potential impact.
7.13 Any application received that is substantially the
same as a previous application that has been denied by the
Department shall also be denied without further processing.
7.14 Any site or applicant that is subject to or
recipient of a notice of violation or notice of Permit
noncompliance that remains unresolved shall not be issued a
Department General Permit or Permit.
7.15 Any substantial modification to a complete
application, or to an issued Permit, shall require an
amended application form and an additional application fee
pursuant to Section 8 of this Ordinance and shall restart
all time periods of this Section.
7.16 The provisions of this section shall not apply to
structures existing or under construction as of the
effective date of this ordinance provided, however, that
such existing structures and those structures under
construction, are not expanded beyond the specifications of
their respective plans and approvals existing as of the
effective date of this Ordinance.
7.17 Criteria for issuance of a Permit
A Permit may be issued pursuant to this ordinance
provided that the applicant submits to the Department
evidence that the following criteria will be met:
(a) The applicant must demonstrate with adequate
engineering data that the proposed project will
not adversely affect the natural exchange of sand
within the beach/dune system, the control of beach
erosion, and the level of storm protection.
(b) The proposed project will not adversely impact the
conservation of wildlife or their habitats with
special emphasis placed upon the protection of
Endangered, Threatened, Rare, and Species of
Special Concern.
(c) The proposed project does not adversely impact the
stability of the dune.
(d) There shall be no net loss of sand from the Sand
Preservation Zone. Sand temporarily excavated
from the Sand Preservation Zone shall be returned
to the Sand Preservation Zone prior to the
expiration date of the Permit. In addition, the
sand may not be degraded by mixing with any
sediment, soil, or material that is not approved
by the Department.
Section 8, Fees
8.01 A schedule, of fees is adopted to supplement the
cost of evaluating and issuing General Permits and
monitoring compliance of issued General Permits and Permits.
8.02 Permit application fees shall be non-refundable.
8.03 All application fees paid by check shall be made
payable to the "Village of Tequesta."
8.04 The schedule of fees shall be based upon the level
of review necessary to process permits and will be divided
into three categories:
(a) General Permit $100.00 (except minor restoration
projects as described under 6.17(d) for which all
fees are waived.)
(b) Permit $500.00
(c) All fees for General Permits and Permits issued to
municipalities or other governmental agencies
shall be waived.
Section 9, Appeals
Any affected party may appeal a final determination of
the Department made pursuant to this Ordinance to the
Village Council. A written notice of appeal shall be filed
by the applicant with the Director of the Department within
twenty (20) days from receipt of the decision appealed from,
setting forth in detail the factual basis for such an
appeal. The appeal shall be reviewed at a hearing of the
Village Council within sixty (60) days of submittal of all
documentation needed to evaluate the request. The Village
Council shall render a decision not less than fourteen (14)
days following conclusion of the hearing.
The decision of the Village Council shall include
findings of fact and conclusions of law and shall be deemed
final.
Section 10, Violations, Enforcement, Penalties.
10.01 Any structures, projects or alterations which
would have been in violation of Palm Beach County Ordinance
No. 72-12, as amended, during its effective period, shall
continue to be violations under this ordinance but shall be
subject to prosecution under the terms of Ordinance No. 72-
12 as amended.
10.02 Failure to comply with the requirements of this
Ordinance or any permit or approval granted or authorized
hereunder shall constitute a violation of this Ordinance.
Violations of the provisions of this Ordinance, upon
conviction, shall be punished by a fine not to exceed five
hundred dollars ($500) per violation, per day, or by
imprisonment in the County jail not to exceed sixty (60)
days, or by both fine and imprisonment. Such violation may
be deemed a separate offense for each day during any portion
of which any violation is committed or continued.
Additionally, damage to the beaches, dunes or coastal
vegetation may result in an order to restore to pre-existing
site conditions. In addition to the sanctions contained
herein, the Village and/or other municipal entity may take
any other appropriate legal action, including, but not
limited to, administrative action and requests for temporary
and permanent injunctions to enforce the provisions of this
Ordinance. It is the purpose of this Ordinance to provide
additional cumulative remedies.
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10.03 Violations of this Ordinance alternatively may be
referred by the Department to the Tequesta Code Enforcement
Board for corrective actions pursuant to the procedures
prescribed by law and a fine imposed accordingly.
Section 11, Repeal of Laws in Conflict
All Ordinances in conflict with any provisions of this
Ordinance are hereby repealed. Subject to the provisions of
paragraph 10.01 above, Palm Beach County Ordinance 72-12, as
amended, is hereby expressly repealed.
Section 12, Severabili
If any section, paragraph, sentence, clause, phrase, or
word of this Ordinance is for any reason held by a court to
be unconstitutional; inoperative, or void, such holding
shall not affect the remainder of this Ordinance.
Section 13, Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall become and be
made a part of the code of laws and ordinances of the
Village of Tequesta. The Sections of this Ordinance may be
renumbered or relettered to accomplish such, and the word
"ordinance" may be changed to "section," "article," or any
other appropriate word.
THE FOREGOING
Councilmember
The Ordinance
Councilmember
vote, the vote was as
FOR ADOPTION
ORDINANCE
was
follows:
was offered by
who moved its adoption.
seconded by
and upon being put to a
AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed
and adopted this day of , 1990.
MAYOR OF TEQUESTA
Joseph N. Capretta
ATTEST:
Bill C. Kascavelis
Village Clerk
APPENDIX
GUIDELINES FOR ROUTINE DUNE MAINTENANCE
INTRODUCTION
Because of the important role which coastal vegetation plays in the
preservation of beaches and dunes,and because this vegetation is of
extremely high ecological value, Tequesta has made the removal,
alteration, destruction or damaging of coastal vegetation illegal
without obtaining a permit from the Village of Tequesta.
Certain routine dune maintenance activities, such as removing
exotic pest plants from the dune, conducting restoration plantings,
and creating viewing corridors or "windows", may require a permit
from the Village. These guidelines outline the types of activities
which will be considered for approval by the Village under a
General Permit and provide guidance which should be followed for
approval.
COASTAL VEGETATION
Native vegetation preserves beaches and dunes because the root
systems of beach plants retard the erosion of sand, while leaves,
limbs, stalks, etc., act as sand collectors and provide organic
nutrients to build up the dunes and beaches. Depending upon the
type of rooting structure and the density of foliage, coastal
vegetation will provide for varying degrees of continued growth of
the dunes which form a buffer area and give protection from storm
damage to coastal structures and property. Without the stabilizing
and accreting effects of vegetation, the dunes will be eroded by
wind and water, and will lose their protective capability. Because
the beaches and dunes need constant protection from human
activities, it is important that the coastal vegetation is not only
preserved, but also adequately maintained, and, if necessary,
replanted. A profile of upland material in the coastal system
typically includes a "pioneer zone" on the seaward side, a "scrub
zone" landward of the pioneer zone, and a "forest zone" located
further inland. The pioneer zone is the area closest to the wind
and wave action of the active beach where grasses such as sea -oats
(Uniola paniculata), vines such as railroad vine (Ipomoea pes-
caprae), and other low lying plants are dominant. Any existing
vegetation in this zone should be carefully preserved. When
vegetation in the pioneer zone has been damaged by pedestrian or
vehicular traffic, or other activities, restoration planting should
be undertaken.
Further plant of the pioneer zone the vegetation generally changes
to shrubs and other woody plants which form the scrub zone.
Widespread cutting, trimming, hedging, etc., of woody plants
seaward of the coastal construction line the scrub zone for the
purpose of improving visibility of the beach from upland areas
constitutes poor coastal zone management and will not be
permitted. Where old dunes exist and have become stabilized and
protected from salt spray, the forest zone becomes evident. The
ground cover in this zone may consist of a variety of trees,
including sea -grape (Coccoloba uvifera), understory shrubs, and
other scrub zone plants. Mature native plant communities in.this
forest zone should be left intact because of the major role they
play in protecting inland structures from severe storm winds and
flooding.
Although coastal vegetation provides the best protection for
beaches and dunes, much of the native vegetation of Palm Beach
County has already been lost. In addition, in those areas where
remnant coastal vegetation exists, exotic pest plants, such as
Australian pine (Cast.arina spp.) and Brazilian -pepper (Schinus
terebinthifolius), have begun to invade the coastal community.
This exotic vegetation reduces habitat for native plants and
wildlife, may be aesthetically unappealing, and can increase
coastal erosion. Whcnever possible, these exotic plants should be
- 2 -
THE PERMITTING PROCESS
To obtain either a General Permit or a Permit for conducting any
activities identified in the Village's Coastal Protection Ordinance
as being otherwise prohibited, a person must complete a permit
application form which is available at the Building Department, 357
Tequesta Drive, Tequesta, Florida 33469. Certain information and
documentation (e.g. evidence of any applicable Federal and/or State
permit(s) for the proposed work) may be required to accompany the
application form, per the specific terms of the Village's dune
ordinance; a checklist is available from the Building Department
which identifies all permit application requirements for permits.
The Village will either approve or deny the issuance of a General
Permit within forty-five (45) calendar days after receiving a
completed application (including both the application form and all
required accompanying documents) and non-refundable permit
application fee. This period of time will enable the Village staff
to review the application materials thoroughly and to visit the
site where the work is proposed, if necessary.
General Permits and Permits will be issued more promptly during a
declared state of emergency provided the applicant can provide
sufficient documentation of emergency conditions to satisfy the
terms of the Village's Coastal Protection Ordinance. For a
sufficiently documented emergency project, the Village will issue
General Permits and Permits immediately upon receipt of the
completed application.
The Village will notify the applicant when a decision has been made
regarding permit approval or denial. Verbal notification of
issuance of a General Permit shall be considered sufficient for
approved work to commence. No work may commence under a Permit
until the applicant has paid the applicable permit fee and received
a written Permit from the Village.
GENERAL PERMIT CRITERIA FOR DUNE RESTORATION AND VEGETATION
ThIMMiNG ACTIVITIES
A. Restoration Planti
Where coastal vegetation has been destroyed by human activities
or erosion, it is usually desirable to replant native dune
vegetation. Restoration plantings may be required following
the removal of exotic plants from the dune, following addition
of sand, or in conjunction with the trimming of "viewing
windows." The objective of these guidelines is to provide for
high quality planting designs, and thus to ensure the long term
health of the coastal system. Restoration planting projects
will be approved if they meet the following criteria:
1. Plant Selection
All plants used for restoration plantings in coastal areas
must be selected from the attached Approved Plant Lists.
Plants shall be selected according to the vegetation
community being restored: pioneer zone, scrub zone, or
forest zone. The use of exotic plants will not be
permitted under a general permit. A partial list of
prohibited exotic plants has been provided for reference
purposes only. For pioneer zone plants, 70-90% of the
number of plants installed must be sea -oats Uniola
paniculata). The remaining 10-30% of the number of plants
must be comprised of other species found on the Approved
Plant List for pioneer zone plantings.
2. Minimum Diversity Required
All coastal restoration plantings must meet certain minimum
diversity requirements in order to ensure high quality
restoration design. For pioneer zone plantings, a minimum
- 3 -
of five (5) species of native plants must be used. For
scrub zone plantings, a minimum of six (6) species of
native plants must be used. For forest zone plantings, a
minimum of six (6) species of native plants must be used.
The species mix will be formulated to match as closely as
possible the species mix of any nearby natural dune
communities. For projects of under one hundred (100)
plants, an alternative planting design, incorporating fewer
species of plants, may be proposed by the permittee, and
may be permitted at the discretion of the Village.
3. Plant Sizes
In pioneer zone plantings, one (1) gallon containers or
smaller are generally used. In scrub zone plantings, three
(3) gallon containers or smaller should be used. In forest
zone plantings, seven (7) gallon containers or smaller
should be used. The exception to this rule applies to saw
palmetto (Serenoa repens), and cabbage palm (Sabal
palmetto). These two native palm species may be specified
in ball and burlap (B&B), or in larger containers.
4. Collected Plant Material Prohibited
Plants collected from wild or semi -wild areas will not be
permitted for coastal plantings. This includes, but is not
limited to, saw palmettos and cabbage palms, unless
collected from bona fide development sites along the coast
of Palm Beach County. If material other than nursery grown
material is specified, the burden of proof will be upon the
permittee to show that such material will be, or has been,
collected from legitimate donor sites.
5. Plant Location and Arrangements
Plant material should be located upon the dune according to
its natural habitat. Plants should be arranged in a random
and diverse manner. No rows or other unnatural geometric
patterns will be permitted. Although different plants
should be interspersed among each other, some clumping of
specific species is recommended.
6. Plant Density
Plant density shall be determined based upon the need to
provide vegetative cover as quickly as possible on the
dune. Plant numbers should be based on an average spacing
of twelve (12) to eighteen (18) inches but should be
arranged in random groupings as indicated in A(5) above.
For plants larger than one gallon pot size, wider spacing
can be used provided smaller plants are used to interplant
and fill in to provide for no more than an average spacing
of eighteen (18) inches between plants.
7. Fertilizer and Irrigation
The one-time use of fertilizer to aid in the establishment
of coastal plantings is encouraged. If fertilizer is used
any one of a variety of fertilization mixes and schedules
may be used. Some examples are:
(1) A mix of such as Osmocote 18-6-12 (40%), Milorganite
(40%) and Triple Super Phosphate (20%). One
tablespoon of this mix should be used for each one
(1) gallon container or smaller, three (3)
tablespoons for each three (3) gallon container, and
six (6) tablespoons for each ten (10) or fifteen (15)
gallon container. The fertilizer mix should be
placed in the bottom of the planting holes for three
(3) gallon containers or larger. For one (1) gallon
- 4 -
containers or smaller, it is recommended that the
fertilizer be broadcast around the individual plants,
making sure that the fertilizer does not touch the
leaves of the new plants.
(2) Any mixture with a 10-10-10 N-P-K analysis with trace
elements at a rate of 500 pounds per acre. This mix may
be used once before planting and once 30 days after
planting.
(3) Slow release tablets (such as Agriform 20-10-5) placed
below the surface adjacent to or under each plant.
Upon consultation with a reputable professional with
experience in successful dune restoration projects,
alternative fertilizer programs may be proposed by the
permittee and may be permitted at the discretion of the
Village.
(b) Irrigation
Initial irrigation or hand watering of the coastal
plantings is recommended to insure success of the project.
Temporary irrigation systems may be installed, but must be
placed above the ground, and removed or disconnected from
the water source within six (6) months of the end of
planting. Systems should be designed and operated to
encourage the deep rooting characteristics of coastal
vegetation, and should be under separate control from
irrigation systems serving the upland property.
Operating schedules will vary with the type of material
planted, the season, and other factors. A general
guideline is to provide a thorough saturation only as often
as necessary to maintain moisture to the rootball of newly
planted material, and to decrease the frequency of
irrigation to allow natural rainfall to take over as plants
become established. Regular long term irrigation is
prohibited. A general watering schedule that should meet
these goals is as follows:
(1) daily watering is recommended for the first week
following planting;
(2) during the next three (3) weeks, watering should be
limited to every other day;
(3) following this period, the plantings may be
watered once per week for a maximum total of six (6)
months on a regular irrigation schedule.
All watering should be sufficient to thoroughly wet the
sand to a depth of six (6) inches or greater.
(B) Coastal Vegetation Trimming
In order to create visual corridors between upland
properties and the ocean, coastal vegetation may be trimmed
on an annual basis. The objective of these guidelines is
to provide for these visual corridors without having a
negative impact upon the beaches, dunes and native dune
vegetation. Coastal vegetation trimming projects will be
approved if they meet the folowing criteria:
1. Dune Management Program Mandated
In order to be granted a coastal vegetation trimming
permit, the permittee must agree to develop and
implement a Dune Management Program. Guidelines for
the Dune Management Program follow.
- 5 -
2. Minimum Height of Sea -Grapes
Coastal vegetation trimming permits shall not be
granted unless the sea -grapes (Coccoloba uvifera), or
other obscuring vegetation, are at least five (5) feet
in height.
3. Reduction Height of Sea -Grapes
Sea -grape trees may be trimmed down to fifteen (15)
feet in height, in order to allow views from multiple
story buildings provided the final tree height is no
less than three-quarters (3/4) of the original tree
height. If the height of sea -grapes is reduced,
however, no "windows" shall be permitted under any
canopy that has been reduced in height.
4. Viewing Windows
Viewing "windows" may be trimmed through the sea -
grapes, or other obscuring vegetation, so long as it
meets the following criteria. Only branches less than
one (1) inch in diameter may be trimmed. For each foot
in width of trimming, five (5) feet of untrimmed dune
must be maintained. No "windows" may be over twenty
(20) feet in length. All "windows" must be separated
by at least twenty (20) feet of untrimmed dune
vegetation. All sea -grapes must retain a minimum two
(2) foot canopy after trimming. In addition, no
vegetation may be trimmed below two (2) feet, to allow
for growth of scrub vegetation and the stabilization of
sand. The maximum height of any window shall be eight
(8) feety.
5. Restoration Planting Required
Planting of open areas resulting from sea -grape
trimming, exotic plant removal, or other activities,
shall be accomplished within three (3) months of
trimming or other activities. Requirements for
restoration planting are found above, and must be
followed. Plants must be selected according to the
zone which is being planted. Open areas resulting from
trimming of sea -grapes for "windows" shall be planted
according to the specifications for the scrub zone.
6. Voluntary Restoration
Native coastal vegetation that is planted voluntarily
to enhance the dune system shall not be subject to the
conditions stated in paragraphs B(1) through B(5)
above.
7. Annual Permits Onl
Coastal vegetation trimming permits will be granted on
an annual basis only. Subsequent issuance will be
based upon compliance with prior permit conditions.
C. Dune Management Programs
In order to ensure the long-term health of the coastal
system, it is necessary to conduct certain management
activities. Some individuals may wish to embark upon such
a program independently. Others, who are applying for a
coastal vegetation trimming permit or a minor filling
permit, will need to comply with this section in order to
receive their permit. Dune Management Programs will be
approved if they meet the following criteria:
1. Exotic Plant Removal
All exotic plants found within the Coastal Protection
Zone must be removed. A partial list of exotic plants
is attached. Exotic plants with stems over 1/4 inch
diameter, which can not be pulled up by hand, shall be
cut to a height of four (4) inches or less. A systemic
herbicide, such as Garlon 4, shall be applied to the
stump using a drip wick or equivalent system. A follow-
up treatment shall be conducted if the original
treatment does not kill the plant. Smaller exotics,
including grasses, vines and succulents, shall be
removed by hand.
2. Debris Removal
All human -manufactured debris which has been deposited
upon the beach or dune must be removed (by hand if
possible). This includes plastics, metal, styrofoam
and other unnatural products. Deadwood, seaweed and
other biological matter must be left on the beach and
dune.
3. Retreatments
Any additional exotic plants and debris which have
appeared upon the beach and dune shall be removed every
six ( 6 ) months.
D. Minor Filling
In some cases, beach front property owners may desire to
add small amounts of sand to their dune to compensate for
losses attributed to blowouts, storm erosion, or other
conditions. Minor filling will be permitted if they meet
the folowing conditions:
1. Source of Sand
All sand shall come from a source landward of the
Coastal Construction Control Line as established by the
Florida Department of Natural Resources.
2. Sand Compatibility
All sand shall be of
that of the sand
generally free of
debris.
3. Non -Impactive Design
comparable grain size and color to
of the recipient beach and will be
organic material and other foreign
All additions of sand shall be designed to have a
minimum impact on existing vegetation. If there are
any State or Federal endangered or threatened plant
species on the site, special care shall be taken in the
placement of the additional sand to avoid covering
these plants. If endangered or threatened plants shall
be unavoidably impacted by the addition of sand, the
permittee must relocate those species to another
location within the dune system.
4. Restoration Planting and Dune Management Required
All minor filling permits shall include conditions
requiring restoration planting in the areas where sand
was added, as well as any areas where vegetation was
damaged as a result of the addition of sand. A Dune
Management Program also shall be adopted as part of the
minor filling permit.
- 7 -
APPROVED PLANT LIST
PIONEER ZONE
Alternanthera maritima
Alternanthera ramosissima
Canavalia maritime
Chamaesyce memsembryanthemifolia
Croton glandulosus
Distchlis spicata
Helianthus dibilis
Hymenocallis latifolia
Ipomoea stolonifera
Iva imbricata
Okenia hypogaea
Panicum amarulum
Paspalum vaginatum
Remirea maritima
Scaevola plumeri
Sesuvium portulacastrum
Spartina patens
Sporobolus virginicus
Suriana maritima
Tournefortia gnaphalodes
Uniola paniculata
chaff flower
chaff flower
bay bean
beach spurge
beach Croton
salt grass
beach sunflower
key lily
fiddleleaf morning glory
beach elder
beach -peanut
dune panic grass
seashore paspalum
beach star
beach berry
sea purslane
cordgrass
seashore dropseed
bay cedar
sea lavendar
sea -oats
Andropogon capillipes
Andropogon vir inicus
Ardisia escallonioides
Arenaria lanuginosa
Baccharis halimifolia
Borrichia frutescens
Callicarpa americana
Centrosema virginiana
Chiococca alba
APPROVED PLANT LIST
SCRUB ZONE
chalky bluestem
broomsedge
marlberry
sandwort
grounsel
sea daisy
American beautyberry
butterfly pea
snowberry
Chrusobalanus icaco
cocoplum
Coccoloba uvifera
sea grape
Commelina erecta var. angustifolia
day flower
Crotalaria pumila
beach rattlebox
Croton glandulosus
beach Croton
Capparis flexuosa
limber caper
Diospyris virginiana
persimmon
Echites umbellata
Devil's potato
Ernodea littoralis
golden creeper
Eugenia axillaris
white stopper
Eugenia foetida
Spanish stopper
Flaveria linearis
yellowtop
Galactia macreei
milk pea
Guapira discolor
blooly
Ipomoea indica
purple morning glory
Jaacquemontia reclinata
beach jacquemontia
Lantana involucrata
wild sage
Licania michauxil
gopher apple
Lycium carolinianum
Christmas berry
Melanthera as era
melanthera
Mikania cordifolia
climbing hempweed
Morinda rovoc
yellowroot
Myrica cerifera
wax myrtle
Myrsine floridana
Opuntia humifusa
Panicum amarulum
Parthenocissus quinquefolia
Passiflora suberosa
Physalis viscosa
Pitchecelobium quadelupense
Polygala grandiflora
Psychotria nervosa
Randia aculeata
Sabal palmetto
Serenoa re ens
Solidago stricta
Sophora tomentosa
Spartina patens
Tournefortia gnaphalodes
Trichostema suffruticosa
Uniola paniculata
Verbena maritima
Yucca aloifolia
myrsine
prickly pear
dune panic grass
Virginia creeper
corky -stemmed passion
flower
ground cherry
black bead
milkwork
wild coffee
white indigoberry
cabbage palm
saw palmetto
goldenrod
necklace pod
cordgrass
sea lavendar
blue curls
sea -oats
beach verbena
Spanish bayonet
- 10 -
Am ria alemifera
Ardisia escallnniniA=o
Bursera simaruba
Caesalpina bonduc
Capparis cynophallophora
Capparis flexuosa
Chiococca alba
Chrysobalanus icaco
Coccoloba diversifolia
Coccoloba uvifera
Drypatos lateriflora
Erythrina herbacea
Eugenia foetida
Exothea paniculata
Ficus aurea
Guapira discolor
Ipomoea alba
Ipomoea indica
Krugiodendron ferreum
Mastichodendron foetidissimum
Morus rubra
Myrsine floridana
Nectandra coriacea
Pithecellobium guadelupense
Psychotria nervosa
Quercus virginiana
Rivina humilis
Sabal palmetto
Serenoa Ea ens
Simarouba glauca
Urochitos lutea
Zanthoxylum fa ara
APPROVED LIST
FOREST ZONE
torchwood
marlberry
gumbo limbo
nickerbean
Jamaica caper
limber caper
snowberry
cocoplum
pigeon -plum
sea -grape
Guiana -plum
coral bean
Spanish stopper
inkwood
strangler fig
blolly
moonflower
purple morning glory
black ironwood
wild mastic
red mulberry
myrsine
lancewood
blackbead
wild coffee
live oak
rouge plant
cabbage palm
saw palmetto
paradise tree
wild allamanda
wild lime
PROHIBITED EXOTICS
(A PARTIAL LIST)
Casuarina species
Fixus nitida
Meleleuca quinquenervia
Sansevieria thyrsiflora
Scaevola (non-native species)
Schinus terebinthifolius
Stenotaphrum secundatum
Wedalia trilobata
Australian pine
ficus
meleleuca
bowstring -hemp
beach naupka, Hawaiian
beach berry
Brazilian -pepper
St. Augustine grass
creeping wedelia