HomeMy WebLinkAboutDocumentation_Regular_Tab 10C_6/14/1990-3.-
.8, e , ' A
VILLAGE OF TEQUESTA
Post 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 - , C & D
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
ORDINANCE NO. 406
-�jr-e
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEOUESTA, PALM BEACH COUNTY, FLORIDA, ADOPTING BY
REFERENCE, THE PALM BEACH COUNTY "MANGROVE PROTECTION
ORDINANCE", ORDINANCE NO. 88-13, AS AMENDED; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE Villaae Council of the Villaae of
Tequesta, Florida as follows:
Section 1. Chapter 14 of the Code of Ordinances of
the Village of Tequesta is hereby amended by adopting and
incorporating into the code the Palm Beach County "Mangrove
Protection Ordinance", Ordinance No. 88-13, as amended, and as
fully as if set forth at length herein as the Mangrove
Protection Ordinance of the Village of Tequesta with the
additional restriction to Section S of Ordinance 88-13
prohibiting the disturbance of mangroves in high marsh areas
adiacent and within the Indian River Lagoon Aquatic Preserve
except when necessary for public health and safety.
Section 2. Severabil ity. If any provision of this 1
Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or
applications of this Ordinance which can be given effect j
without the invalid provisions or applications, and to this
end, the provisions of this Ordinance are hereby declared
severable.
Section 3. Codification. This Ordinance shall be
codified and made a part of the official Code of Ordinances of
the Village of Tequesta.
Section 4. Effective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided
by law.
THE FOREGOING ORDINANCE was offered by
Counc i 1 member _._ _ _ _ _ _ who moved its
adoption. Th• Ordinance was seconded by
Counc 11 member _ _ _ _ _ and upon being
put to a vote, the vote was as follows:
FOR ADOPTION
AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed
and adopted this . ___ day of . 1990.
MAYOR OF TEQUESTA
Joseph N. Capretta
ATTEST:
Village Clerk
C.
ORDINANCE NO. 88-13
2
AN ORDINANCE Alm RULE OF THE BOARD OF COUNTY
3
COMMISSIONERS, ACTING AS THE PALM BEACH COUNTY
4
ENVIRONMENTAL CDh-rROL BOARD, AMENDINC ORDIxA110E tip.
5
81-18, E TITLED THE MANCROVI PROTICTUX ORD=AtiCy.
6
AMENDING SECTION 3 TO EXPAND THE DEFINITION OF
7
.•
ALTERATION, TO EXCLUDE SILVER BLrTONvODD FROM THE-
8
DEFINITION OF )*-UICROVE AND TO ADD A DEFINITION OF '
9
MANGROVE AREA; AKENDINC SECTION 4 TO PROHIBIT THE
10
ALTERATION OF MAISGROVES WITHOUT'A PERMIT; AMMIK
11
SECTIONS 5, 7, i. 9, 10, AND 11 TO TRANSFIR THE
12
ADMINISTRATIVE AND RECULIITORT RESPONSIBILITIES OF
13
THE ORDINAACE FUM THE HEALTH DEPARIMM TO TZE
14
DEPARrAUT OF Erwaoxxor L RESOURCES MAHACEKE T;
15
AMENDING SECTION 5 TO CBAl1GE T>a- *lVRItATION
16
REQUIRED ON ESE PERMIT APPLICATION, To PROVIDE POR
17
18
60 DAYS TO ISSM OR DEITY T1IE PERMIT, AED TO PROVIN
FOR ADDITIONAL Ca CMtSTAACiS ONDE1 WHICH
-19
A PERMIT
SHALL NOT BE ISSUED OR SHALL BE ISSIIID WITHOUT AN
20
APPLICATION FEZ; AKENDrNC SECTION 6 TO INCREASE
21
PERMIT FEES; AM33rDING SECTION 7 TO DELETE THE
22
REQUIRDtENT OF CONS13r'T IT THE DEPARMCENT OF NATURAL
23
RESOURCES; AMDiDINC SECTION 8 TO REQUIRE A HEARING
24
WITHIN 60 DAYS OF A REQUEST FOR AN APPEAL; AMENDING
25
SECTION 10 TO EL DaNATE BLANKET PERMITS AND TO
26,
CHANGE THE REQUIREMENTS FOR ALTERATIONS EXD(PT FROM
27
PERMITS; PROVID LPC FOR REPEAL OF LAWS IN CONFLICT;
28
PROVIDING FOR SFVERAEILITY; PROVIDING FOR INCLUSIOa
29
IN THE CODE; PROVIDING FOR EFFECTIVE DATE.
RECEIVED
DEC D 1 1°39
V1LL'..__. l =
TEQUr` fk
BLDG. DEPT.
30 WHEREAS, the Board of County Comaiasioners, acting as the
31 Environmental Control Board, adopted Ordinance No. 81-18 on August 14,
32 1981; and '
33 WHEREAS, in adopting said Ordinance the Board recognised the
34 importance of preserving and protecting mangroves because of their
35 unique contribution to the environment; and
36 WHEREAS, in order to continue to preserve and protect
37 mangroves. it 12 necessary to prohibit additional activities wblcb would
38 destroy then or reduce their environmental contribution; and
39 WHEREAS, it is necessary to increase permit face to pay for
40 the costs of issuing permits and of other services in administering this
41 Ordinance and to ensure consistency with the permit fees established In
42 Ordinance No. 87-22; and
43 WHEREAS, it is desirable to transfer all responsibilitias for ,
44 the administration and enforcement of this Ordinance from the Pals Beatb
45 County Health Department to the Department of Environmental Resources
46 Management.
I NOW THEREFORE, It IT ORDAINED BY THE BOARD OF COUNTY
2
COMMISSIONERS OF PALM BEACH COUNTT, FLORIDA, as follows:
3
Part I. Section 3, entitled "Definitions", is hereby amended as follows:
4
3. DEFINITIONS
S
The following words shall be defined for use in
6
this Ordinance as follows:
7
A. Alter(stion) is to destroy, prnta.;-remove, trim,
A
or cut, shape a mangrove or to fill o mangrove area.
9
B. Destroy shall -'wean to remove, poison or otherwise
10
cause death to a mangrove.
11
C. Mangrove shall mean rooted trees sad
12
seedlings of the following species: White (Lagvtcvlaria racnwsa), Red
13
(Ahizophoto mangle), Black (Avicennis germinans) and Buttonwood
14
(Conocarpus crectus). Silver buttonwood (Conocarpus erectus Var. sericea)
13
is excluded from this definition.
_
16
D. Mangrove area shall mean the extent of mangrove
17
canopy or pnuematophores, whichever Is greater.
lE
DE. Person shall mean any individual, corporation,
19
company, associatlon, partnership, state, sub—divisloo of -the state,
20
municipality, or federal agency.
21
IF. Prune shall mean to cot away parts from a plant.
22
PC. Reforestation shall seat the planting of seedlings
23
and/or mangrove plants in accordance with acc*gt;jls botanical
24
standards, in order to return the altered area to a fsmctiomal mangrove '
23
plant coessualty.
26
68. Resaove shall mean to posh, lift or otherwise carry
27
away from the ground.
21
1I. Rooted is to be attached by roots to the ground. ~
29
Part II. section 4. entitled `Protection Of 1langr9vms", Is lereby
30
amended as follows:
31
4. PROTECTION OF MANGROVES
32
Except as otherwise ptovidad in Paragraphs 10 and 12
( '
33
herein, it be
shall unlawful for any person to dastrey, yr%**--lrflr
34
or alter mangroves from laud or waters
35
within Pala Daacb County, Florids. without first obtalalag a aervit '
11
I
issued pursuant to this
2
Ordinance.
3
Part III. Section S, entitled "Permit Applications And Standards For
i
Issuance", is hereby amended as follows:
S
5. PERKIT APPLICATIONS AND STANDARDS FOR ISSUAna
6
The Peim-geeeh-Lerner-$uilh-Reparoes! Department of
7
Environmental Resources Management shall ieceive and review applications
8
for the alteration of mangroves prior to issuing any permit.
9
Applications shall be made on a form prescribed br the pe3m-icaek-Csraly
10
Bea:eh-Repartmeat Department of Environmental 'Resources Management
11
containing the following minimum information:
12
PeTm4t-armbet
13
Date-ef-43e14anle
• 14
Burat4en-ef-pets4t
15
Mane of applicant
16.
Legal owner of land
17
begs 3-deserlptios-er Street address of lands to
18
which application applies and section. twnshlp
19
and range
20
Scope and nature of proposed alteration
21
Proposed date of work by applicant
22
A-scps rate-applA" tlan-aed-separ ate-persd!-eb&H-4e,
27
rcrte4red-fen-each-prafett-fnra}r4ng-lbe-altcratlssr�Fyaw=trues
24
Departmeat-paru". A permit -
25
shall be either issued or denied within tkirty (3i) six60
26
dars of receipt of a completed application, or such permit ,
27
shall be deemed Issued. In considering suck application, the
28 '
Palm-ttaeh-Carmtr-Beeith Department of tavirormaatal
•
29
Resources flanagemint shall determine the extent to tales tbo
i
30
mangroves contribute to the environmental integrity of the site
_
31
and surrounding area and the lensfits and detriments of tbo
32
mangrove alteration.
.
33
A permit shall not be issued if the proposed activity
34
would:
I A. Han the biological aquatic productivity
2 of the area, to such an extant as to be contrary to the public
3
interest; or
i
D. Increase erosion in the area. to such an
5
extent as to be contrary to the public interest; or
6
C. Cause a deterlorstioo of the eater.
7
Quality, to such an extent as to be contrary to the public
8
interest; or
9
D. Destroy the mangroves if the perait
10
sought is for the pruning of mangrovgs. .. :
11
1. Alter mangroves vithia an area under a
12
conservation easement side pursuant to Chapter 704. Florida
13
Statutes.
14
F. Alter mangroves which vere planted or
15
preserved pursuant to a federal, state, or local action
16
permit or agreement; and the survival rate of the mangroves
17
•does not comply with the requirements of the said action
18
permit or agreement. in -said -permit-+
19
C. Alter mangroves planted or preserved
20
pursuant to federal, state or local action permit or agreement
21
in such a manner that the result of the alteration could not
22
reasonably be expected to fulfill the intent of said
23
jovernmeotal action, permit or agreement.
t
24
The !e}a-leeeb-tamely-BeaAtk-Vcjartmes! Department of
25
Environmental lesources Management may attach specale
26
cooditions upon any permit concerning the scope. metbnd. and
27
time of alteration, where such Conditions are daemed reasonably
28
necessary to protect the environmental integrity of the site
29
concerned. V►ere-p nnfng-ts-permlete�-thc-parmAt-beider-shall
30
te-retmlrei-le-epp}y-pttinfug-pe4st-N-lhs-sml-eseh--lm-ceder-te
31
prelee!-lht-mangrove-fre"Sseass-and-4aseel�.
32
To'provide an incentive for the propagatism of
33
mangroves. the Department of Environmental tesources Maansgement
34
shall waive the application fee for any permit issued.
35
pravided that the mangroves are usturallj less than twenty-four
I inches (24") tall at the time of application.
2 All permits issued hereunder shall be of a continuous
3 nature, except those permits that provide a specific time
4 limitation for pruning, triming, cutting or shaping of
5 mangroves.
6 An on -site inspection may be necessary to accomplish_
7 the application review process. -_
8 Part IV. Section 6, entitled 'Permit Pees:,_ is lereby amended
9
as follows: ,
10
6. PLX 1T FM '
11
For the purpose of processing applications and
12
making necessary inspections for the administration and
13
enforcement of this Ordinance, applications for mangrove tree
14
alterations shall be accompanied by the payment of s fee of
'
15
F4ve-Dellars Ej3r9e}-per-app�4eae4onr I11c7 dollars
16
($50.00) for an application to alter 0.1 acre or less of
17
mangrove area or one hundred dollars (5100.00) for an
18
application to alter sort than 0.1 acre of mangrove area,
19
except as provided in Section 5.
20
Part V. Section 7, antltled "Effect of Permit". is beraby
21
amended as follows: f
22
7. LlPLC? OF PUMT
23
The issuance of a permit under this Ordimases shall
24
not relieve the applicant from complying with permit
�•
25 •
requirements of other federal. state. and local agescies.; Re
26
Pelm-leach-Csrncr-Raabtl department-shell-set-ie-empevtrsd-h
27
4save-permits-for-tht�i;trat4en-eF-senjrtres-set- Owned -b7-00
28
appileant r- and -4ecsto"pom-lard a-evned-by-ehe State-ei-F}sr4da.'
29
mnitse-each-tnther4ty-has-ittn-spee4f4esl}r-gremlti-the-#ca3N
30
Department4y-th*-6tate-oi-fler4d4-4a-writ4e8•r
- -
r .. _ ,� -� ':'�.
.� �. .. ���-+w. ��«. �. -. .. •.ram .• �_-� ..ter: --�. .- `•i-
I
Part VI. Section 8, entitled 'Appeals". Is hereby amended as
2
follows:
3
8. APPEALS
4
The applicant may appeal any Pew-;c.eb-6eeetp-Ae+iN
S
Department Department of Environmental Resources Managesent
6
decision rendered hereunder to the Environmental Control Board.
7
vhose administrative decision shall be considered final.
8
A written notice of appeal shall be filed by the
9
applicant vitb the 64er"f-thc-Se4renseu0! centre"Oord
.7.
10
,.
Director of the Department of Environmental Rasoarees
11
Management within tvanty (20) days from the date of the
12
decision or action appealed from, setting forth in detail the
13
factual basis for such an appeal. Upon receiving such appeal,
1e
the Clcrk-.f-Zhrieard Director or his agent shall set the
IS
matter for public hearing before the Board within twenty-4;0
16
sixty (60) days of the filing of the notice, notifying all
17
parties of the time and place no less than ten (10) days prior
18
to said hearing, unless curb ten (10) day notice is valved In
19
vriting by the appellant.
'
20
If the public hearing is not bold within the
11
aforesaid tine frame the appeal Shall bo considered approved on
22
the twenty-4frat-4}Sty sixty-first (61st) day folloving
23
receipt of the notice of appeal from the appliemt, unless such
24
hearing has been continued with the approval of the applicant.
25
The teim-Bceeb-6eretr-Bc.itl►-iq.rtseae-endfer-ehe
26
Pals-Bceeb-ternly-invlresentaA-CenereA9 flaw Department
27
of Environmental Resources Management. shall defend all
28
decisions appealed from this Ordinance before the Board.
29 Part VII. EectiOu 9. entitled "Variances". 1s bereby amended
30 as follows
31 9. VARL KES
32 A variance may be granted by the tavironnantal
33 Control 'card only if the Board finds the following:
t
t
6
1 A. That due to the tree's restriction on the
2 use and access of the property and surrounding area, there is
3 an undue hardship on the owner; and
4 B. That the proposed activity vill not
5 interfere with the conservation of fish, marine or wildlife or
6 other natural resources to such an extent as to be contrary to
the public interest; and
8 C. That the variance is necessary to make
9 reasonable use of the land; mad
10 D. That the undue* hardship is 'not caused by the
11 actions of the applicant.
12 Variances shall be applied for on forms prescribed by
13 the 9nvtronmenta}-Cenlrt}-Ml eer Department of Environmental
14 Resources Management.
15
Part VIII. Section 10, entitled 'Exemptions and Ilan'ket
16
Permits", is hereby amended as follows:
17
10. EXEMPTIONS AN1"6ANRE;-FERNii6T
18
A. If the alteration of mangroves is alloyed under
19
the specific terms of a Department of Environmental 1sgu}ss40m
20
tesources Management dredge and fill permit, aed-am-�rmr-C�rps
21
et-Engineers-dredge-snl-if}}-pers4*. a permit shall mot le
22
required under this Ordinanee; provided. however-'. that such
23
alteration occurs emly vithim the area set forth is such permits.
24
3. A permit shmll pot be required under this
25
Ordinance for the alteration of man -planted mangroves vbicb are
'
26
planted in upland areas for orussental purposes only. ad
27
met-4er-ehe-rtss•*ee4ewE-e-�+asmrs}-uagsrre-erti.
21
C. A-►}enitet-saris}-Aerat e-may-Le-4samed-te-the-him
29
3emch-60Ynly-Nesgt4te-�enit+h-Div4s4em-[se-Ole-resp4le-+elite!
30
•es4v4e4cs-lmveivlmg-msngrwc-lr4mmlmtr--pr4er-es-sic-4ssuesee
31
•f-such-ti}tnkes-ename}-pera4s-shrNeslv!!e-Ceesrs}-D4v4s4M
32
she}}roubs4s-se-slit-pm}st-iesek-C*we s7-8ea}sh-Depereaen!-e
33
sehedvIe-t%trtse-ss-ie-sdeed-oed-ieees-vtrk-4s-ee-it-deset
N
0
7
1 Fe}}ew4ng-the-eebs4�e4ee-sf-sneh-eehedr}eT-a-eenfercaec--�ha}}
2 be-htId-be tveen-the-Me sgvlto-Goat ra "I-visten-and-lbe
3 Aea}tb-Department-te-s4ntuite-santreve
4 desernee4ee-and-mex4m4se-aesgn4te-centres-benci4ts-aed-}eaf
S lit ter-trenspart T---ne-Hea}th-Depar tment-aa7-wake-mrue9tines
6 and-eeed4l4ens-fer-lht-b}aeket-perm4l-4n-vr4t4niT—g#e-Aea}!k
7 Department -shall -sake -Period fe-4nepeee4ens-fe}}ev""eegr4N
B centre1-aet4v4tiesT
9 DC. The Pala Beach Soil and.Vater Conservation
10 District shall not be subject to the permit requirements of
11 this Ordinance for the alteration of mangroves izmolved in any
12 research and/or experimental programs conducted by each agency.
13 The Palm Beach Soil and Dater Conservation District shall
14 inform the Department Department of
15 Environmental Resources Management of avcb programs in writing
16 and in advance of the actual mangrove alteration.
17 Part IX. SECTION 11, entitled "Enforcement". is hereby amended as
18
follows:
19
11. ENFORCE -CENT.
20
Any person who violates this Ordinance shall be
21
subject to enforcement provisions set out in Chapter 125,
22
Florida Statutes, and the Pala Beach County Environmental
23
Control Act. Chapter 77-616. Lays of Florida, as 1t may from
24
time to time be amended. Any alteration of mangroves without
23
the required permit or in violation of a permit issued under
26
this Ordinance shall be deemed to be a violation resulting in
27
environmental damage under the terms of the Palm Beach County
28
Environmental Control Act and shall be subject to the
29
enforcement and civil penalty provisions of that Act and of the
30
Palm Beach County Environmental Control Ordinance go. 78-3, as
31
amended.
(
32
The Environmental Control Officer may institute an
33
action before the Environmental Control Rearing Board or Is
34
Circuit Court to seek to establisb liability, fapcss civil t
i
R
1
penalties, obtain Injunctive relief, and/or require restoration
2
of the altered area.
3
Civil penalties shall be in an amount of not sore
4
than Five Hundred Dollars 0500.00) per offense. However, the
5
court or Hearing Eoard say receive evidence In mitigation.
6
Each individual mangrove unlawfully altered under the
7
provisions of this Ordinance shall constitute a separate
8
offense.
9
Reforestation of the area of offeaac shall be
10
required in an amount to be determined by the palm-icmeb
11
6enety-9ea:cl+-Dcpertscee Department of Environmental
12
Resources Management, but Dot to exceed twice the amount
13
of any mangrove area destroyed.
14
12. REPEAL OF LAWS IN CONFLICT
15
A11 local laws and ordinances applying to the
C16
Incorporated
and unincorporated area of Tale Reach County
17
in conflict with any provisions of this ordinance are hereby
18
repealed to the extent allowed under Article ►III,
19
Section 1 (a) of the Florida Constitution, Article I,
20
Section 1.3 of the pals Beach County Charter and
21
Chapter 77-616, as amended. Laws of Florida, Special Acts.
22
13. SYVEWILITT
23
If any section, paragraph, sentence, clause. phrase,
24
or word of this ordinance is for any reason bald by the Court
25
to be unconstitutional, Inoperative or •old, such holding
26
shall not affect the remainder of thin ordinance.
27
14. INCLUSION IN THE CODE OF LAWS AND ORDDtANCES
28
The provisions of this Ordinance shall becoss be
and
29
made a part of the code of laws and ordinances of Pals Basch
30
County, Florida. The $actions of the Ordinance any be
31
renumbered or relettered to accomplish such, and the word
32
"ordinance" may be changed to "section," "article,' or any
33
other appropriate word.
6
r
C-1
1 IL. EFFECTIVE DATE
2 The provisions of this Ordinance shall become
3 effective upon receipt of acknowledgement by the Secretary of
4 State, but shall 1n no case become effective until tventy (20) days
S after the filing of this Ordinance vith the Clerk of the board of
6 County Commissioners.
7 APPROVED AND ADOPTED by the Board of County
8 Commissioners of Palm Beach County, Florida, on the
day
9 of 19
10
FALM BEACH COUNTY, FWRIDA, BY ITS
I1 BOARD OF COUNTY Colga SSI0NERS
12 1+F
13
Chairman
14 APPROVED AS TO FORM AND
15 LEGAL SUFFICIENCY
16
17 C.Ounry Attorney
18 Acknowledgement by the Department of State of the State of
19 Florida, on this, the day of 19
20 EFFECTIVE DATE: Acknovledgement from the Department of State
21 received on the day of , 19
, at
22 _ .M., and filed in the Office of the Clerk of the Board of County
23 Commissioners of Palm Beach County, Florida.
a
0
a
10