HomeMy WebLinkAboutDocumentation_Regular_Tab 10B_6/14/19903,,0, e, � A
'VILLAGE OF TEQUESTA
Bost Office Box 3273 • 357 Tequesta Drive
Tequesta, Florida 33469-0273 • (407) 575-6200
FAX: (407) 575-6203
MEMORANDUM:
TO: Village Council
FROM: Thomas G. Bradford, Village Manager
DATE: May 15, 1990
SUBJECT: Ordinance No. 405, 406, 407 & 408;
�--- genda�Item
Ordinance 405 through 408 are the continuation of the next
phase of the creation of the Village of Tequesta Land
Development Regulations (LDR). The Village is required to
prepare LDRs as an implementation vehicle of the Comprehensive
Development Plan adopted by the Village Council for the
Village. These ordinances accomplish those purposes.
I have asked Jack Horniman to be at this Council Meeting to
review the highlights of each ordinance and its relationship to
the Comprehensive Development Plan for your benefit.
TGB/jmm
Attachments
cc: Jack Horniman, Planning Consultant, w/attachments
i
AV
ORDINANCE NO. 405
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE Or
TEDUESTA, PALM BEACH COUNTY, FLORIDA? CR.EATIN
REGULATIONS FOR THE PROTECTION OF SEA TURTLES WITHIN
THE VILLAGE OF TEOUESTA; PROVIDING FOR TITLE, PURPOSE
AND DEFINITIONS; PROVIDING FOP' MANAGEMENT
COORDINATION; PROVIDING FOP' GENERAL PROHIBITIONS;
PROVIDING FOR SEA TURTLE PROTECTION PLAN, APPLICATION
AND PROCEDURES; PROVIDING FOR GENERAL STANDARDS;
PROVIDING FOR STANDARDS FOR SITE DEVELOPMENT, NEW AND
EXISTING BEACH FRONT LIGHTING, NEW AND EXISTING
BEACH ACCESS POINTS AND MECHANICAL BEACH CLEANING;
PROVIDING FOR ENFORCEMENT AND PENALTIES, AND
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Village Council of the Village of Tequesta
has determined that it is necessary to implement policies.
guidelines, and standards which minimize interference with the
natural use of the beach for nesting and breeding by sea
turtles, and which minimize potentially adverse impacts from
beachfront lighting upon the behavioral patterns of nesting c-
hatchinq by sea turtles; and
WHEPEAS, three species of sea turtles currently nest c-
the beaches of the Village of Tequesta, Florida, and are
protected by the United States Government under the Endangered
Species Act of 1973; and
WHEREAS, the Coastal Zone Management Act (CZMA) of 1972
and the Florida Coastal Management Act of 1978, Chapter 380.20
Florida Statutes (1985), encourage the conservation of coastal
resources, including the conservation, protection, and
propagation of all species of wild fauna and flora actually or
potentially in danger of be -coming extinct; and
WHEREAS, Chapter 161.101(8)(g) and 161.161(2)(k) Florida
Statutes (Supp. 1986) may authorize funding for erosion control
projects based in part on the extent to which local governments
in the area of the project have enacted ordinances to protect
sea turtles from the adverse effects of beachfront lighting;
and
WHEREAS, Chapter 370.12, Florida Statutes, has protected
marine turtles, their nests and eggs since 1953; and
WHEREAS, the Village of Tequesta Comprehensive Plan
Conservation and Coastal Zone Element recognizes the
significance and importance of coastal zone resources and
wildlife, and provides for protection, enhancement, and
management of same; and
WHEREAS, the Village Council of the Village of Tequesta
desires to enact sea turtle protection regulations pursuant to
the authority contained in applicable Florida Statutes, and
other applicable law;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEGUESTA, FLORIDA, AS FOLLOWS:
SECTION 1. TITLE
This article shall be known as the "Village of Tequesta
Sea Turtle Protection Ordinance".
SECTION 2. PURPOSE
The purpose of this ordinance, recognizing the unique
characteristics of the sea turtle, particularly its nesting
cycle, is to prevent and reduce the hazards impacting sea
turtles from Uncontrolled construction activity, beachfrc,nt
lighting, beach access, mechanical beach cleaning and other
coastal activities.
SECTION 3. DEFINITIONS
For the purpose of this ordinance, the following terms
shall mean:
(1) "Artificial light source(s)" shall mean any source of
light emanating from a man-made device, including but not
limited to, incandescent mercury vapor, metal halide or sodium
lamps, spotlights, street lights, vehicular lights,
construction or security lights.
(2) "Beach access point" shall mean any path through or
over the dune used by the general public; or, with respect to j
Private property, by the owners or with the owner's permission,
for the purpose of gaining access to the beach.
i
(3) "Reach" shall mean the zone of unconsolidated
material that extends landward from the mean low water line to
the place where there is a marked chanqe in material or
physiographic form, or to the line of permanent vegetation
(usually the effective limit of storm waves), as is defined in
Chapter 16B-33, Florida Administrative C,=-de.
(4) "Beachfront •lighting" shall mean all lighting within
the .jurisdictional boundaries of this Ordinance. I
(5) "Building Department" shall mean the Building I
Department of the Village of Tequesta.
(6) "Coastal construction" shall mean the carrying out of
any activity within jurisdictional boundaries to modify or
improve site conditions including, but not limited to,
building, clearing, filling, excavation, grading, or planting
of vegetation, or the making of any change in the size or use
of any structure or the appearance of site conditions, or the
placement of equipment or material upon such sites.
(7) "County" shall mean Palm Beach County, a political
subdivision of the State of Florida.
(8) "Department of Environmental Resource Management"
shall mean the Palm Beach County Department of Environmental
Resource Management or applicable municipal entity.
(9) "Dune" shall mean a mound or ridge of loose
sediments, lying landward of ,the beach and deposited by any
natural or artificial mechanism.
(10) "Dune profile" shall mean the cross -sectional
configuration of the dune.
(11) "Ground -level barrier" shall mean any natural or
artificial structure rising above the ground which prevents
beachfront lighting from shining directly onto the beach -dune
system.
(12) "Hatchling" shall mean any specimen of sea turtle,
within or outside of a nest, which has recently hatched from an
egg.
Page 2
(13) "Jurisdictional boundaries" shall mean the area
between Beach Road and the Atlantic Ocean or between the
Coastal Construction Control Line, established pursuant to
Chapter 161.053, Florida Statutes, and the Atlantic Ocean,
whichever is. greater, but in neither event to exceed 500 feet
landward of the mean high water line.
(14) "Nest" shall mean the area, in and around, a place
in which sea turtle eggs are naturally deposited or relocated
beneath the sediments of the beach -dune system.
(15) "Nesting season" shall mean the period from May 1
through October 31 of each year.
(16) "Permitted agent of the State" shall mean any
qualified individual, group or organization possessing a permit
from DNR to conduct activities related to sea turtle protection
and conservation.
(17) "Person" shall mean any individual, firm,
association, joint venture, partnership, estate, trust,
corporation, group, state officer, or unit of federal, state, �
county or municipal government and all other associations and
combinations, whether public or private.
i
i
(18) "Sea turtle(s)" shall mean any specimen belonging to
the species Caretta caretta (loggerhead turtle), Chelonia mydas i
(green turtle), Dermochelys corciacea (leatherback turtle) or
any other marine turtle using Palm Beach County beaches as a
nesting habitat.
(19) "State" shall mean the State of Florida.
(20) "Tinted glass" shall mean any window which has:
(a) a shading coefficient (the percent of incident
radiation passing through a window) of .45 of less, and
(b) a minimum five year warranty, and
(c) procedure claims which are supported by
approved nesting procedures and documentation.
(21) "Village Council" shall mean the Village Council of
the Village of Tequesta.
SECTION 4. MANAGEMENT COORDINATION
The Building Department in conjunction with other
applicable Village Departments shall be responsible for
coordinating inter -governmental activities and for establishing
administrative policies germane to the effective and timely
implementation of conditions set out in this ordinance.
(1) Coordination. The Building Department shall develop a
process whereby after the effective day of this ordinances
(a) A person submitting a site plan and/or building
plan for coastal construction within jurisdictional boundaries
is made aware of all instructions, requirements, and guidelines
contained herein by inclusion or reference.
(b) No Certificate of Occupancy is issued prior to
approval of the beachfront lighting for coastal construction.
Page 3
(2) Coordination with the Department of Natural
Resources. Department of Environmental Regulation and the Army
Corps of Engineers. The Building Department shall develop an
administrative process whereby upon adoption of this ordinance,
a person submitting a plan for improvement within the
Jurisdictional boundaries of this Ordinance is made aware of
and may also be required to comply with the permitting
requirements of other State and Federal agencies, and that the
applicant is required to forward to the Building Department
all cc, mments and permits transmitted yr granted by these
agent ies.
(3) Enforcement. The Building Department or other
applicable municipal Departments shall develop a process for
the consistent and effective enforcement of conditions set out
in this ordinance.
SECTION 5. PROHIBITION OF ACTIVITIES DISRUPTIVE TO SEA
TURTLES
The following prohibitions during the nesting season (May
1 through October 31) are established for the protection of sea
turtles:
( 1 ) Prohibition of Motorized Vehicles Seaward of Dune.
The operation of motorized vehicles, including but not limited
to, any self-propelled, wheeled, tracked or belted conveyance,
shall be prohibited -=-n or seaward of the dune during the
nesting season, except in cases of law enforcement, emergency
or as otherwise approved by the Department of Natural
Resources, as further set out in Section 14 herein.
(2) Prohibition of Horseback Riding. Horseback riding
shall be prohibited on or seaward of the dune during the
nesting season.
(3) Prohibition of Campfires. Campfires shall be
prohibited on or seaward of the dune.
SECTION 6. SEA TURTLE PROTECTION PLAN (STPP) REQUIREMENT
FOR COASTAL CONSTRUCTION WITHIN JURISDICTIONAL BOUNDARIES
A Sea Turtle Protection Plan (STPP) shall be required for
the following activities and shall include any and all
protective/mitigative measures that will be implemented in
conjunction with these activities:
(1) All coastal construction within jurisdictional
boundaries involving the installation of permanently mounted
light fixtures.
(2) All coastal construction conducted during the nesting
season (May 1 through October 31), seaward of the dune, within
jurisdictional boundaries, including site development and
mechanical beach cleaning. ,
SECTION 7. SEA TURTLE PROTECTION PLAN (STPP) APPLICATION
AND PROCEDURES
(1) Preparation and Submission of Sea Turtle Protection
• Plan (STPP). A STPP shall be submitted to the Building
Department prior to or concurrently with the submission of a
building and/or site plan. The STPP shall include the
following information, as applicable:
(a) General Information. A STPP required pursuant
to this ordinance shall include the following information, as
applicable:
Page 4
(i) Identification of person(s) having legal
or .equitable interest in the subject
property.
(ii) Legal description of the subject property.
(iii) Name of General Contractor for the
project.
(iv) Assurance that the applicant has written
authority to act as agent for person(s)
with legal or equitable interest in the
subject property.
(v) Description of the proposed construction
and intended land use.
(vi) Scaled map of the site with a north arrow.
(b) Light Information. A STPP required pursuant to
this ordinance shall include the following information, as
applicable, for all areas of the subject property within line
of sight of the beach:
(i) The location, number and positioning of
proposed floodlights, spotlights and other
fixtures discharging lighting from
incandescent, fluorescent, mercury vapor
or high pressure sodium lamps.
(ii) The location, number, positioning and type
of all other artificial light sources
including, but not limited to, those used
on balconies, walkways, recreational
areas, roadways, parking lots, dune
crossovers, decks, boardwalks and signs.
(iii) Protective/mitigative measures to minimize
lighting impacts on sea turtles, including
measures to prevent direct illumination of
areas seaward of the dune.
(c) Construction Information. A STPP required
pursuant to this ordinance shall include the following
information, as applicable:
(i) A schedule of proposed construction
periods.
(ii) The number of linear feet of shoreline
seaward of the dune upon which
construction will occur.
(iii) The number and type of vehicles
anticipated during construction, the type
of equipment and materials to be used
seaward of the dune, and the location of
beach access points to be used in moving
equipment and materials to and from the
construction site.
(iv) The location, number, positioning, and
type of temporary nighttime security )
lights.
(v) The location, number, positioning and type
of nighttime construction lights and the
extent of areas seaward of the dune to be
illuminated.
Page 5
9 abed
•pagD4e4 aney s3sau
pa43a;;e AIie;4ua4od Iie Itaun Ao sAep (09) A4xTs AO; aseaD
Heys uoT4Dn.t49uo:� 14e4Tgey ales a o4 panowaa ao/pue pa}eDola.c
aq 4ouueD pue A8AAns 'aITs A.Aeu;wtIaad a BUTAnp 4uasaad aq
04 UMOU4 aae s4sau ;I uoT4Dna:+,suo0 ;o AetaCl
•molaq (a) 6 uoT3:�aS o4 quens.And Aanans BuT4sau ATTep 4uawajdwi
I Ie4s ;nq A8AAns a4Ts A.Aeutwt Ia.Ad a wod; 4dwaxa aq I Ie4s AeaA
4Dva ;o T AwW aao;aq Ao uo ssaAboad uT A4TnT4DW uoxjDna4suo3
ananS a4TS AAeUTWTTajd ;o uoT4wax3 (q)
•uoseas 6ut4sab a44 Butanp aunp a4l ;o paeMeas
uox;Dna4suoD Ie;seoD ao; 4e4Tgey ales a o4 s4sau al4an4 pas Ile
a;e:)ola.A pup ADA.cns a4Ts A eutwt Iaad a 4DnpuoD l let's a;e;S ayj
;o ;ua6e pa44TWaad ti an.cnS a4Ts A.AeUTWTIaAd (e)
•a IgeDT Iddp se
'ButMollo; ayj lo4 pa;twTI aq 4ou ;nq 'apnIDuT Tleys sainseaw
•8AT4e6t4Tw/8AT4Da4oad •sa.AnseaW aAj4e t4TW/anT4:)a;oad (s)
•Molaq asoyj o4 uoT;tppe
uT 'uoseas BuT4sau a44 Butanp uoT43na4suoD Tw;seoD awt4446Tu
AO; pa.ctnbaA aq Aew a:,ueutp.io sTy} 44TM AldwoD 4Dt4M sal4an4
pas AO; sainseaw an14e614Tw/anT4:>a4oad 's6u114D4ey 4ua6aaw8
pup sal4,cn4 ;Inpe 6ut4sau uo s;Dedwt 6UI44611 let4ualod pTone
of •uoseas DUTISaN a41 UTAnQ uotj5n.c4suo3 5WT444 TN (0)
•uot4Das si44 oa 3uens.cnd padolanap aae S4DedwT But;46ti
ao; sa.Anspaw an T 4e6 T a•T W/an t 4 Da;oad D T; T Dads ssa l un aunp
a4l ;o p.ceMeas sea.ce a;*utwnliT AIIDaatp ION (D)
•A4.Aadoad
4:>acgns a44 ;o apts}no seaae a4eutwnliT ION (q)
•puno A ay4
anoge 4ea; (ST) uaa;;T; upy4 aaow ;ou pa4unow ag (e)
:sMoI10
se pa4-,T .c4saJ aq l legs but 4y6t I /3T anDas awT 44y6t u A.Aeaodwal
ut4q t1 ;tanDaS aWt4;y tN Uo su014Dta4sad �S)
• uoseas 6u t 4sau aq j 6UT .cnp
aunp ay4 ;o p,ceMeas uOtI -na4suo:1 Ie4seC. Ile A ; pa4uawaldwT
aq Heys 'uo14Das sty4 03 juenSAnd padolanap 'sal4.cn4 eas
.co; sa.cnseaw ant4e6T�tw/anT4Da4oad aaeT.+doaddy •uoseas bUT4saN
aye bUtAnG aun(I ;o p.ceMeaS not;5na4suo3 Ie4se0j (Z)
•iC;tnt 4De panoadde ay4 wo.c;
6ut4lnsa.t s66a ao s1sau atag4 1saI4An4 eas o3 s4Dedwt ant4e6au
4uanbesgns 4suTe6e 6UTIP614TW wo.c; ao aDUeUtpao sTy4 ut 4no 4as
suot4Tpuo:) algeDi ldde Aa44o Ile 43LM 6uiAldwo:, woa; (s)uos.cad
anatlaa 4ou saop dd1S a ;o leno.cddd •4aw uaaq aney uta.cay
44.co; 4as se spaepue4s ay3 papTno.cd ueld a4Ts a ;o len-:,adde ao
4Twaad 6utplTnq a ;o a:uenssi ay4 o4 Aoi.cd dd1S a anoadde Ileys
s4uaw4Aedap ledT _-tunw alge:it Idde Aa44o Ao 4uaw4aedaQ 6utplTng
aq1 • ie^C=,_A d (ddiS) ueid u0t 4Dc340 A,j aI4.cnl eas ( T )
ddlSj uei,.j uotaaoa,j al4anl eas e ui pa4ea,_-daoaui aq Keys
'algeDT ldde se 'pue a ,ueutp.co Sty4 ut pat; t _,ads u_•t 4=-na45u-1
Ie4Se-DD IIe ,4 Aldde Ileys sp+epue4s 6uimoIID; a41
S3I dVaNnos 1VN0I 1J I QS I dnf N I H1 I M
NO I 1on8iSN03 1tilStiO3 80J SQ;dtiQNtilS IV83N39 • S NO 1103S
•sai4.cn4 eas uo s4DPdwt uoT;Dn.c4suoD
aZTWTUTW 04 saanseaw ant4e6t4Tw/anT;Da4oad (TA)
(d) Prevention of Construction Delays Person(s)
anticipating construction starts during the nesting season may
obtain the services of a permitted agent of the State to
relocate nests from construction areas on a daily basis,
beqinninq not later than May 1 of each year.
(e) Daily Nesting Surveys. A permitted agent of
the State shall conduct daily nesting surveys of constructi_n
areas seaward of the dune and shall cage sea turtle nests or
relocate the nest to a safe habitat, beginning with the
preliminary site survey or the nesting season, as applicable,
until any one (1) of the following occurs:
(i) Exclusion fences are erected pursuant to
Section (8) (f)
(ii) Construction activities are completed.
(iii) The nesting season has ended as defined
herein.
(f) Use of Exclusion Fences. Any physical barrier
used to prevent sea turtles from entering construction areas
may be used as an exclusion fence in lieu of daily nesting
surveys if prior approval is granted by the Building
Department. Exclusion fences shall:
(i) Be constructed so they are non -injurious
to adult sea turtles.
(ii) Form a continuous barrier against sea
turtle intrusions.
(iii) Be monitored
personnel.
(iv) Be repaired
breaches.
daily by DNR
as necessary to
approved
prevent
(v) Shall not prevent legal pedestrian access
to the beach.
(g) Breaches. Breaches through an exclusion fence
which result in successful nesting shall be reported to the
Building Department and the nest(s) shall be relocated from the
construction area by a permitted agent of the State.
(h) Delimitation of Construction Areas. Preliminary
site surveys, daily nesting surveys and/or exclusion fences
shall encompass all areas seaward of the dune upon which
construction activities occur and upon which equipment and
materials are moved to and from the construction areas.
(i) Record Maintenance. Daily records shall be
maintained for all sea turtle monitoring conducted pursuant to
this section, and together with a summary of the monitoring
results, shall be provided to the Building Department by the
person(s) identified in Section 7 0 )(a)(i) upon completion of
construction activities, or the end of the sea turtle nesting
season, whichever comes first. Daily records shall include, as
appropriates
(i) The date of the preliminary site survey.
(ii) The date(s) of the daily nesting survey.
(iii) The date(s) of exclusion fence monitoring.
(iv) The observed nesting activity within the
construction area.
Page 7
(v) The number of nests relocated.
(vi) The number of eggs per nest relocated.
(vii) The nest relocation area(s).
(viii) The hatch success if required.
(ix) The effectiveness of the exclusion
fence(s).
(x) The name(s) of the permitted agent of the
State per forming the monitoring program.
SECTION 9. STANDARDS FOR SITE DEVELOPMENT
All site development activities within jurisdictional
boundaries, approved by the Village after the effective date of
this ordinance, shall comply with the following standards, as
applicable, and the standards' shall be incorporated into a Sea
Turtle Protection Plan (STPP):
(1) Location. Alignment, and Placement of Structures. The
positioning of buildings, recreational facilities, walkways,
beach ac.:ess points, parking lots and other features of the
site shall be predicated on minimizing operational impacts of
these features on sea turtles.
(�) Ground -level Barriers and Dune Enhancement. Natural
or artificial structures rising above the ground should be used
tc, the maximum extent possible tc. prevent lighting from
directly illuminating the beach -dune system and to buffer noise
and conceal human activity from the beach. Improving dune
height in areas of low dune profile, planting natural
vegetation, or using hedges and/or privacy fences is
encouraged.
SECTION 10. STANDARDS FOR NEW BEACHFRONT LIGHTING
All lighting required for the coastal construction
activities as set out above, installed after the effective date
of this ordinance, shall comply with the following standards,
as applicable, and shall be incorporated into a Sea Turtle
Protect ion' P1 an (STPP) .
(1) General Prohibition.
light source shall directly
dune where it- may deter adult
or disorient hatchlings.
No artificial public or private
illuminate areas seaward of the
female sea turtles from nesting
(2) Cermanent Lighting. The installation of permanent
lighting shall reflect the standards and mitigative measures
published in the current state-of-the-art manual pertaining to
coastal lighting and sea turtle conservation (Raymond, Paul W.,
Sea Turtle Hatchlinq Disorientation and Beachfront Liahtina: A
Review of the Problem and Potential Solutions, Washington,
(DC), Center for Environmental Education, 1984).
(3) Reference Availability. The Building Department
shall make a copy of the Raymond manual available for review.
As design and/or performance standards are developed or
upgraded and become available, the Building Department may
provide additional references.
(4) Controlled Use. Design and Positioning of Lighting.
(a) Any and all light fixtures shall be designed
and/or positioned such that they do not cause direct
illumination of areas seaward of the dune and the source of
light is not directly visible from the beach.
N
Page 8
the beach. (b) All lights on balconies shall be shielded from
(c) Lighting used in parking lots within the
jurisdictional area of this ordinance shall be:
(i) Set on a base which raises the source of
light no higher than forty-eight (48.)
inches off the ground.
(ii) Positioned and/or shielded such that the
source of liqht is not visible from the
beach.
(5) Installation of Tinted Glass or Window Tint. Tinted
glass, as defined in this ordinance, or any window film applied
to window glass which meets the shading criteria for tinted
glass, shall be installed on all windows of single and multi-
story structures within line of sight of the beach.
(6) Design of Vehicular Circulation Improvements and
Parking Areas.
(a) Parking lots and roadways, including any paved or
unpaved area upon which motorized vehicles will operate, shall
be designed and/or positioned su-=h that vehicular headlights do
not cast 1 ight toward the beach.
(b) Vehicular lighting shall be shielded from the
beach thrOUgh the use of hedges, dune vegetation and/or other
ground -level barriers.
(7) _Lighting For Pedestrian Traffic
(a) Beach access points, dune crossovers, beach
walkways, piers or any other structure on or seaward of the
dune designed for pedestrian traffic shall use the minimum
amount of liqht necessary to ensure safety.
(b) Pedestrian lighting shall be recessed or
shielded so that the source of light is not directly visible
from the beach.
(8) Beachfront Lightina Approval Prior to the issuance
of a Certificate of Occupancy by the Building Department, each
Sea Turtle Protection Plan (STPP) shall be inspected for
compliance as follows:
(a) Upon completion of the construction activities, a
registered Florida architect or professional engineer shall
conduct a site inspection which includes a night survey with
all the beachfront lighting turned on.
(b) The inspector shall prepare and report the
inspection finding in writing to the Building Department,
identifying:
(i) The date and time of initial inspection.
(ii) The extent of compliance with this
section.
(iii) All areas of potential and observed
noncompliance with this section.
(iv) Any action(s) taken to remedy observed
noncompliance, if applicable.
(v) The date(s) and time(s) of remedial
inspection(s), if applicable.
Page 9
OT abed
•panai4De
st 6ut446tl 4uo.A;4�eaq afge4da»e 4e44 aw14 4Dns TT4un 4Da;;a
ut uTewaa Iletys aDueutpao SZ44 ;o suot4tpuoD but446tl 44tM
aauetldwoauou ;o 31nsaA a se pa;uawaldwi wea6o.Ad uot4e6t4Tw
Auy •saut; pup sat41euad algeDTIdde o3 uoT4Tppe ut pa4uawaldwt
aq Ile4s sainseaw antje6T4TW •sal4An4 eas oa sgDedwt
antje6au IwT;ualod 4sute6e a4e6t4tw o4 ;uawjAedaQ 6uTpltng
a44 44TA uoT4w4Insuoa ut padolanap 'saanseaw, ant4aa;oad
a4eTAdo.tdde 4uawaldwT 04 paatnbaA aq llegs siauMo A4AadoAd
4uetldwoD—uou 4paauaptna 4ou aae aDUeutp.lo AT44 ;o SU014TPUOD
6UT445TI 044 44tn &Duetldwo3 aja4M seaae uI Tsa.tnseaW
aAj4e j, ;o uoT4v4uawal wI pup ;uawa�.3u3 (9)
•W•tl OOtL PUB 'W•d OO:IT ;o sAno4 a4a uaam;aq 346tu 4Dea ;;o
pau.An4 eq 11e4s aunp a44 ;o p.AeMeas seaae Ouy4wutwnllt saaanos
346t I Ifu.Aa4xa • (TE Aago4D0 40noa44 T AwW) uoseas Out 4sau
4Dea 4no46noAgj Alsnonui3uoD pup 166T IT AeW an14Da;;3 •uoseaS
IYu--T;saN s4q 5ut.An(j suot jet.A4sa8 out;4otl let DaaS (S)
•pa6eanoaua st uoseas 6utjsau ay4 6uTAnp s446tl Aot.Aa4ui
AAessaDauun Ile ;o Ino 6utu.tn4 a41 •sMopulm 4uoa;4Deaq
o} patldde aq Aew 4u13 MopuTM JAIant4euaa}Ild •PaA.ta;add aae
suaaaDs0pe4s AO sataade.Ap Ono)iaeie •sataepunoq Ieuot4Dtpstanr
ut441M sa.tn4Dn.4s AAo4s-t4lnw put al6uts ;o sMoputM Ile uo
paatnba.t aq lleys 4uaw4ea.A4 MopuTM 14Deaq a44 6ut}eutwnllt woa;
s}y611 aotaalut 4uana.Ad 01 •s;uawieaal MoputM ;o asn (b)
•4Deaq ay4 wo.i; algtstA
AI4Daatp 4ou aae Aa44 4e44 vans Paplat4s aq IIe4s, at;;e�A4
ueta3saped ao; pau6tsap aunp a4l ;o p.AeMeas aan4Dna3s aa44o 'AUe
Ao s.Aatd 'sAeml IeM yaeaq 's.Aanosso. D aunp 's4utod ssa»e 4Deaq
6ut;eutwnlIT s4g6t-1 •:)t;;e.A1 uet.A4sapad ao3 OUT44 t1 (6)
•wa;sAs aunp-4:)eaq aq; 6ut jt,A4s 6ut4y6t l 4Da.Atput ;o :junowe aq;
aDnpa.A of pa6e.AnoDua st s.AaTaaeq Ianal punoa6 ;o uoi3elle4sut
a41 •y�eaa ay4 uo ut 4y T1 4aa.itpul ;o not 4Dnpad (z)
•auaw4Aeda(] buipltne
ay4 Aq pat;tauapt slenupw aDuaAa;aa Aay10 pup OT uoT4DaS
uT paDuaaa;aA Ienuew puowAea ayl g4TM 4ua4sTsuoD aq Ileys
pasn sjei,Aa;ew .�,_,/pue sanbtuyDal -aunp ay4 ;o p.ieMeas seaae
a;eutwnllt Ali .aAtp Sou saop ao/pue gDeaq ay4 woja algtstn
Al;_,a.Atp 4ou si 4y6T I ;o aDanos a44 4ey4 as saAT 4euaa4Ie uaap .w
g4TM paDelda.i ao pat; Tpow 'pauot 4tsoda,A aq I Ieys saD.Anos 446T I
IeL Dt;t4.Ae 6uT45tx3 ut4y T1 Iet4ua5s3 04 ;uaw4sn py (I)
•T66T `T IT.Add Aq suot4Tpuo:) 6utMollo;
ay4 y;TM AldwOD Ileys but 446TI 4uo.+;4Deaq 15uT4six3
JNI1HDI1 1NOddH0d38 9NIISIX3 NOJ SaddQNd1S *IT NOI103S
-A4TA14:>e pano.Adde a4a wo.A; 6ut a lnsa.A
s66a Ao s4sau ata44 'sal4.An; eas oT s;Dedwt aAT4e6au juanbasgns
4sutp6e 6ut;e6tjtw wo.A; Ao aDueutp.Ao st44 ut ;no ;as suot4tpuoD
algeDt ldde Aag4o Ile g4TM 6uiAldwoD wo.A; (s)uos.Aad anal la
40u I Ie4s dd1S a44 ut 4no 4as sp.Aepue4s 6ut T46t I 4uoA;gDeaq a44
44LM aDuet ldwoD ;o Ieno.Addy •aAtsnlDx3 40N IeA-0- ti (6)
•uot4_adsut 446tu
ay4 ;o awT 4 ay4 ;e y_.eaq aya w.D.i; aIgtstA
AI4=,a-Tp 4,_-u a.Ae sat.repunoq Ieu014_-tpst �nC
a43 ut44tM sa Danos 446tI 4uO.l;4Deaq a41 (TTT)
•uot =adsut ;y6tu ay; ;-D awi; aya
je aunp ay4 ;,D p.AeMeas seaae a;euiwnllt
4ou saop but 4y5t I Iuo.i;y_,eaq a41 ( T t )
'(dd1S) Ueld uot4DaWAd alaanl eaS a4j
y;tM aDuep.AODDe Iei 4ue4sgns ut pa;Dnaasuo:,
uaaq se4 but 4y6t I 4uo.A; yDeaq . ay1 ( t )
:4ey4 not jeDt;t;.Aar a sapnIDut yDtyM ;.ioda.4
uoi43adsut aq4 leas pue u6Ts lleys .Ao;Dadsui a41 (:))
(7) Exception for Lighting Reduction Standard_._ Areas that
have no potential nesting (dry sand) beach may be exempt from
lighting restrictions if it can be demonstrated that the
lighting is not visible on adjacent potential nesting (dry
sand) beaches.
SECTION 12. STANDARDS FOP NEW BEACH ACCESS POINTS
All beach access points constructed after the effective
date of this ordinance shall -amp ly with the following
standards, and the standards shall be incorporated into a Sea
Turtle Protection Plan (STPP).
(1) Pedestrian Traffic. Pedestrian traffic shall be
directed and limited to beach access points provided with dune
crossovers.
(2) Information Sign Requirements Permanent sea turtle
information signs shall be conspicuously posted by applicable
jurisdiction at all new public beach access points provided
with dune crossovers. The information signs shall be
standardized by the appropriate Village Department or the
Department of Environmental Resource Management.
(a) Sea Turtle information signs shall be encouraged
at al 1 new pr ivate beach ac--- ess points provided with d"rie
crossovers. Signage shall be the responsibility of the
property owner.
(":%.) Standardized Information Requirement Informati:,n
printed on the siqns shall inform beach users:
(a) That sea turtles use the beach as a nesting
habitat.
(b) Of potential penalties for the possession,
molestation, disturbance, harassment or destruction of sea
turtles, their nest or eggs.
(c) Of a contact address or phone number for public
use in obtaining additional information.
(4) • Sign Maintenance Requirements Standardized sea
turtle information signs shall be maintained in perpetuity such
that information printed on the signs remains legible and the
signs positioned such that they are conspicuous to persons at
all public beach access points provided with dune crossovers.
(5) Sign Removal. Removal of the information signs by
anyone other than those authorized by the Village is
prohibited.
• SECTION 13. STANDARDS FOR EXISTING BEACH ACCESS POINTS
Permanent sea turtle informational signs shall be
conspicuously posted and maintained at all existing public
beach access points provided with dune crossovers in accordance
with the standards set out in Section 12 by April 1, 1991. Sea
turtle information signs shall be encouraged at all existing
private beach access points provided with dune crossovers.
SECTION 14. STANDARDS FOR MECHANICAL BEACH CLEANING
All mechanical beach cleaning activities approved by the
State after the effective date of this ordinance, designed to
remove debris from the beach, alter beach profiles, or. disturb
more than the upper two (2) inches of beach sediment through
the use of motorized vehicles or other mechanical means, shall
comply with the following standards, and the standards shall be
incorporated into a Sea Turtle Prot,,ecti,on Plan (STPP), as
applicable: I
Page 11
(1) Compliance with Village. County and State* Beach -Dune
Preservation Policies. Equipment, methodologies and points of
access shall be consistent with beach -dune preservation
policies established by the Village, County and State.
(2) Timing. Beach cleaning shall be confined to daylight
hours.
(3:) Mode of Operations. During the nesting season (May 1
t h r � Hugh October 31)
(a) beach cleaning operations shall be limited to the
wrack line (previous high tide mark:) or below.
(b) Light -weight motorized vehicles having wide, low-
prc,file, low-pressure tires shall be used to conduct beach
cleaning operations instead of heavy equipment.
(c) Devices used for removing debris from the beach
shall be designed and/or operated such that they do not
penetrate beach sediments by more than two (2) inches.
(4) Sea Turtle Protection Plan (STPP) Exemption A STPP
may not be required for mechanical beach cleaning activities if
it is dem,Dnstrated to the Building Department and to the State
of Florida, Department of Natural Resources, Bureau of Marine
Pesearch that the proposed c-perat ion (s) will have no adverse
effects on the normal development and viability of eggs and
hatchlinas in sea turtle nests and habitats, pursuant tc. the
following procedures:
(a) The State of Florida, Department of Natural
Resources, Bureau of Marine Research, and the Building
Department shall be notified in writing by the applicant that
the protective/mitigative measures set out in Section 8(5)
shall not be required as part of the State permit.
(b) The Building Department shall grant an exemption
from the STPP upon consultation with the State and receipt of a
copy of the State permit prior to commencement of the
mechanical beach cleaning activities.
(5) Coordination of Beach Cleaning Operations With -State-
Sanctioned Scientific Studies. All beach cleaning operations
shall be- coordinated through the State to ensure that these
operations do not interfere with state -sanctioned scientific
studies of sea turtle nesting activities.
SECTION 15. ENFORCEMENT AND PENALTIES
(1) Enforcement and Responsibility.
(a) The Village Council of the Village of Tequesta
by and through the Building Department or other applicable
municipal Departments shall adopt procedures for enforcing and
administering this ordinance and to employ those persons
necessary for such administration and enforcement.
(b) Consistent with law and this ordinance, the
Village of Tequesta Code Enforcement Board shall have
Jurisdiction to enforce this ordinance within the Village of
Tequesta Corporate Limits.
(c) When necessary, the Building Department may seek
assistance from the Village of Tequesta Police Department to
assist in enforcement.
(d) It shall be the duty and responsibility of all
appropriate law enforcement officers to enforce the provisions
of this ordinance.
Page 12
(e) No building permit or Certificate of Occupancy
shall be granted by the Building Department, except in
compliance with the provisions of this ordinance or court
decision.
(2) Violations and Criminal Penalties.
For any and every violation of the provisions of this
ordinance, and for each and every day that such violation
continues, said violation(s) shall be punishable in accordance
with Florida Statutes, with a fine not to exceed five hundred
(500) dollars, or by imprisonment for not more than sixty (60)
days, or by bath such fine and imprisonment.
Persons charged with such violation(s) may include:
(a) the owner, agent, lessee, tenant, contractor, or
any other person using the land, building, or premises where
such violation has been committed or shall exist, or
(b) any person who knowingly •commits, takes part or
assists in such violation, or
(c) any person who maintains any land, building, or
premises in which such violation shall exist.
(3) Other Legal Remedies.
In addition to the criminal penalties and enforcement
procedures provided in Section 15(2) above, the Village Council
c.f the Village of Tequesta may institute any lawful civil
action or proceeding to prevent, restrain or abate any
violations of this ordinance.
(4) Other Administrative Remedies.
(a) Building Permits and Certificates Of Occupancy.
(i) Issuance.
No building permit or Certificate of
Occupancy shall be issued by the Building Department fqr any
purpose except in compliance herewith.
(ii) Revocation.
The Building Department may revoke a
building permit or Certificate of Occupancy in those cases
where an administrative determination has been duly made that
false statements or misrepresentations existed as to material
fact(s) in the application or plans upon which the permit or
approval was based.
(iii) Suspension.
The Building Department may suspend a
building permit or Certificate of Occupancy where an
administrative determination has been duly made that an error
or omission on either the part of the permit applicant or
government agency existed in the issuance of the permit or
certificate approval.
A valid permit or certificate shall be
issued in place of the incorrect permit or certificate after
correction of the error or omission.
(iv) Notice.
Page 13
All Building Department decisions
concerning the issuance, -revocation, or suspension of building
permits and Certificates of Occupancy shall be stated in
official written notice to the permit applicant.
(b) - Administrative Fines.
The C-_,de Enforcement Board, upon not i f icat for
by the Cade Enforcement Officer that an order of the Code
En for .=ement Beard has not been complied with by the set time
or, upon finding that the same violation has been repeated by
the same violator, may order the violator to pay a fine not to
exceed $250 for each day the violation continues past the date
set for compliance or for each time the violation has been
repeated, and a hearing shall not be necessary for issuance of
the order.
SECTION 16. CONFLICTS
In the event this ordinance conflicts with any other
applicable regulations on this subject matter, the more
restrictive shall apply.
SECTION 17. SEVERABILITY
If any section, part of a section, paragraph, sentence,
clause, phrase or word of this ordinance is for any reason held
C.r declared tc- be unconstitutional, inoperative or void, such
holdings of invalidity shall not affect the remaining portions
c,f this ordinance and it shall be construed to have been the
legislative intent to pass this ordinance without su,_h
unconstitutional, invalid or inoperative part therein, and the
remainder of this ordinance after the eyclusion of such part or
parts shall be deemed to be held valid as if such part or parts
had not been included therein, or if this ordinance or any'of
the provisions thereof of shall be held inapplicable to any
person, group of persons, property, kind of property,
circumstances or set of circumstances, such holding shall not
affect the applicability thereof to any other person, property
or circumstances.
SECTION 18. APPLICABILITY
This ordinance shall be applicable throughout the
incorporated areas of the Village of Tequesta.
SECTION 19. FILING WITH THE DEPARTMENT OF COMMUNITY
AFFAIRS
The Village Attorney shall send a certified copy of this
ordinance to the Department of Community Affairs, 2571
Executive Center Circle East, Tallahassee, Florida 32301.
SECTION 20. CODIFICATION
It is the intent of the Village Council and is hereby
ordained, that the provisions of this ordinance shall become
and be made a part of the Code of laws and Ordinances of the
Village of Tequesta, Florida; that the sections of this
ordinance may be renumbered or relettered to accomplish such
intentions; and the word "ordinance may be changed to
"section", "article" -or other appropriate word.
SECTION 21. EFFECTIVE DATE
This ordinance shall take effect immediately upon its
passage and 'approval, as provided by law.
Page 14 1
THE FOREGOING ORDINANCE
Councilmember
adoption. The Ordinance
Councilmember
put to a vote,. the vote was as follc.ws:
FOR ADOPTION
was
was
offered Iby
who moved its
seconded by
and upon being
Ai;A I NST ADOPTION
The Mayor thereupon declared the Ordinance duly passed and
adopted this day of ? 1990.
ATTEST:
Village Clerk
MAYOR OF TEOUESTA
Joseph N. 1=apretta
Page 15