HomeMy WebLinkAboutDocumentation_Regular_Tab 9A_5/24/1990wjK Ala# Cl b
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;
Agenda Item IX - A, B, 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/ j mm
Attachments
cc: Jack Horniman, Planning Consultant, w/attachments
ORDINANCE NO. 405
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, CREATING
REGULATIONS FOR THE PROTECTION OF SEA TURTLES WITHIN
THE VILLAGE OF TEQUESTA; PROVIDING FOR TITLE, PURPOSE
AND DEFINITIONS; PROVIDING, FOR MANAGEMENT
COORDINATION; PROVIDING FOR. 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 nestinq and breeding by sea
turtles, and which minimize potentially adverse impacts from
beachfront lighting up,=,n the behavioral patterns of nesting or
hatching by sea turtles; and
WHEREAS, three species cif sea turtles currently nest on
the beaches c,f 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 Manaqement 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 conservat.ion, protection, and
propagation of all species of wild fauna and flora actually or
potentially in danger of becoming 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 TEQUESTA, 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, beachfr-,nt
lighting, beach access, mechanical beach cleaning and other
coastal activities.
SECTION 3. DEFINITIONS
For the purpose of this
shall mean:
ordinance, the following terms
( 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 tc.
private property, by the owners or with the owner's permission,
for the purpose of gaining access to the beach.
( 3 ) "Beach" shall mean the zone 1:1f unconsolidated
material that extends landward from the mean low water line to
the place where there is a marked change in material .=,r
physiographic fc,rm, or to the line of permanent vegetation
(usually the effective limit of storm waves'), as is defined in
Chapter 16B-33, Florida Administrative C-Dde.
(4) "Beachfront •lighting" shall mean all lighting within
the jurisdictional boundaries of this Ordinance.
(5) "Building Department" shall mean the Building_
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 Read 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) "Nest inq season " shal 1 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.
(19) "Sea turtle(s)" shall mean any specimen belonging to
the species Caretta caretta (loggerhead turtle), Chelonia mydas
(green turtle), Dermo=helys corciacea (leatherbac turtle) or
any ether marine turtle usinq 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 ordinance:
(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 submittinq a plan for improvement within the
.jurisdictional boundaries cif this Ordinance is made aware of
and may also be required tc. comply with the permitting
requirements of ether State and Federal agencies, and that the
applicant is required to forward tc. the Building Department
all comments and permits transmitted yr granted by these
agencies.
(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:
(I ) Pr oh i b i t i on o f Mc, c,r i z ed Vehicles Seaward of Dune.
The operation of motorized vehicles, includinq but not limited
t1_" any sel f-pr,=-pel led, wheeled, tracked or belted conveyance,
shall be prohibited can or seaward of the dune during the
nesting season, except in cases c,f law enforcement, emergency
=.r 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.
Name of General Contractor for the
project .
(iv? Assurance that the applicant has written
authority tc. 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
propcsed flocldl ights, spotlights and other
fixtures discharging lighting from
incandescent, flu._,rescent, mercury vapor
or h i qh pressure sodium lamps.
(ii:) The location, number, positioning and type
-�f 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/mitiqative measures to minimize
lighting impacts on sea turtles, including
measures to prevent direct illumination of
areas seaward of the dune.
(c) Construction Infcrmat ion. 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
(vi) Protective/mitigative measures to minimize
construction impacts on sea turtles.
SECTION S. GENERAL STANDARDS FOR COASTAL CONSTRUCTION
WITHIN JURISDICTIONAL BOUNDARIES
The fc,llc,wing standards shall apply tc- all coastal
constru.=tion specified in this ordinance and, as applicable,
shall be incorporated in a Sea Turtle Protection Plan (STPP):
(I') Sea Turtle Protection Plan (STPP') Approval. The
Building Department or ether applicable municipal departments
shall approve a STPP prior to the issuance of a building permit
or approval of a site plan provided the standards as set forth
herein have been met. Approval of a STPP does not relieve
person(s) from complying with all other applicable conditions
set out in this ordinance or from mitigating against subsequent
negative impacts to sea turtles, their nests or eggs resulting
from the approved activity.
(2) Coastal Construction Seaward of Dune During the
Nesting Season. Appropriate protective/mitigative measures for
sea turtles, developed pursuant tco this section, shall be
implemented far all C0astaI constrUCt ic,n seaward of the dune
during the nesting season.
(�) Restrictions on Nighttime Security Lighting.
Temporary nighttime seCUr it lighting shall be restricted as
fc,l lows:
(a:) Be mounted not more than fifteen (1�:� feet above
the ground.
(b) Not illuminate areas outside of the subject
property.
(c) Not directly illuminate areas seaward of the
dune unless specific protective/mitigative measures for
lighting impacts are developed pursuant to this section.
(4) Nighttime Construction During The Nesting Season. To
avoid potential lighting impacts on nesting adult turtles and
emergent hatchlings, protective/mitigative measures for sea
turtles which comply with this ordinance may be required for
nighttime coastal construction during the nesting season, in
addition to those below.
(5) Protective/Mitigative Measures. Protective/mitigative-
measures shall include, but not be limited to, the following,
as applicable.
(a) Preliminary Site Survey. A permitted agent of
the State shall conduct a preliminary site survey and relocate
all sea turtle nests to a safe habitat for coastal construction
seaward of the dune during the nesting season.
(b) Exemption of Preliminary Site Survey.
Construction activity in progress on or before May 1 of each
year shall be exempt from a preliminary site survey but shall
implement daily nesting survey pursuant to Section 9 (e) below.
(c) Delay of Construction. If nests are known to
be present during a preliminary site, survey and cannot be
relocated and/or removed to a safe habitat, construction shall
cease for sixty (60) days or until all potentially affected
nests have hatched.
Page 6
(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,
beqinning not later than May 1 of each year.
(e:) Daily Nesting Surveys. A permitted agent of
the State shall Conduct daily nesting surveys of construction
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 cc,ntinuous barrier against sea
turtle intrusiIns.
(iii) Be monitored daily by DNR approved
personnel.
(iv) Be repaired as necessary to prevent
breaches.
(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
appropriate:
(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 nest 1, 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 performing 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 access points, parking lets and ether 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 shc-uld be used
to the maximum extent possible to prevent liqhtinq from
directly illuminating the beach -dune system and tc- buffer noise
and conceal human activity from the beach. Improving dune
height in areas of low dune profile, planting natural
vegetation, or usinq 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
Protection Plan (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) Permanent 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 Hatchling Disorientation and Beachfront Lighting: 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.
Page 8
(b) All lights on balconies shall be shielded from
the beach.
(c) Lighting used in parking lots within the
jurisdictional area of this ordinance shall be:
i
(i) Set on a base which raises the source of
light no higher than forty-eight (48)
inches off the ground.
( i i) Posit ioned and/car shielded such that the
source of light 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 j
unpaved area up--,n which motorized vehicles will operate, shall
be designed and/or positioned such that vehicular headlights do
n,=.t cast light toward the beach.
i
(b) Vehicular liqhtinq shall be shielded from the
beach through the use of hedges, dune vegetation and/or other
ground -level barriers.
(7:> Lighting For Pedestrian Traffic
i
(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 light necessary to ensure safety.
f
(b) Pedestrian lighting shall be recessed or
shielded so that the source of light is not directly visible
from the beach. I
(8) Beachfront Lighting 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
(c) The inspector shall sign and seal the inspection
report which includes a certification that:
(i) The ' beachfront lighting has been
constructed in substantial accordance with
the Sea Turtle Protection Plan (STPP).
(ii) The bea.=hfront lighting does not
illuminate areas seaward c-f the dune at
the time of the night inspection.
(iii) The beachfront light sources within the
.jurisdictional boundaries are not directly
visible from the beach at the time of the
night inspection.
(9) Approval Not Exclusive. Approval of compliance with
the beachfront lighting standards set out in the STPP shall not
relieve person(s) from complying with all other applicable
conditions set out in this ordinance or from mitigating against
subsequent negative impacts to sea turtles, their nests or eggs
resulting from the approved activity.
SECTION 11. STANDARDS FOR EXISTING BEACHFRONT LIGHTING
Existing beachfront lighting shall comply with the
following conditions by April 1, 1991.
(1) Adjustment to Essential Lighting. Existing artificial
light sources shall be repositioned, modified or replaced with
modern alternatives sc. that the source of light is not directly
visible from the beach and/car does not directly illuminate
areas seaward cif the dune. Techniques and/car materials used
shall be consistent with the Raymond manual referenced in
Section 10(2) and ether reference manuals identified by the
Building Department.
(2) Reduction of Indirect Lighting on the Beach. The
installation of ground level barriers is encouraged to reduce
the amount of indirect lighting striking the beach -dune system.
(3) Lighting For Pedestrian Traffic. Lights illuminating
beach access points, dune crossovers, beach walkways, piers or
any, ether structure seaward of the dune designed for pedestrian
traffic 'shall be shielded such that they are not directly
visible from the beach.
(4) Use of Window Treatments. To prevent interior lights
from illuminating the beach, window treatment shall be required
on all windows of single and multi -story structures within
jurisdictional boundaries. Blackout draperies or shadescreens
are preferred. Alternatively, window tint may be applied to
beachfront windows. The turning out of all unnecessary
interior lights during the nesting season is encouraged.
(5) Special Lighting Restrictions During the Nesting
Season. Effective May 1, 1991 and continuously throughout each
nesting season (May 1 through October 31), external light
sources illuminating areas seaward of the dune shall be turned
off each night between the hours of 11:00 P.M. and 7:00 A.M.
(6) Enforcement and Implementation of Mitigative
Measures. In areas where compliance with the lighting
conditions of this ordinance are not evidenced, non -compliant
property owners shall be required to implement appropriate
protective measures, developed in consultation with the
Building Department to mitigate against potential negative
impacts to sea turtles. Mitigative measures shall be
implemented in addition to applicable penalties and fines. Any
mitigation program implemented as a result of noncompliance
with lighting conditions of this ordinance shall remain in
effect until such time that acceptat�le beachfront lighting is
achieved.
Page 10
(7)
Exception
for Lighting Reduction Standard. Areas
-that
have n_,
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.
SEi=TION 1 STANDARDS FOR NEW BEAT=H ACCESS POINTS
A 1 1 beach access points constructed after the effective
date of this ordinance shall C=amply 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) I_nformation 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 siqns shall be en,=-,uraged
at al 1 new pr ivate beach access points provided with dune
rrossovers. Signage shall be the responsibility of the
property owner.
(3) Standardized Information Requirement Inf-=.rmati,_,n
printed on the signs 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: N1.
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.
(�? Made of Operations. During the nesting season (May 1
through October 31):
(a) Beach cleaning operations shall be limited to the
wrack line (previ-=-us high tide marl::) or below.
(b) Light -weight motorized vehicles having wide, low -
profile, 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 demonstrated tc. the Building Department and to the State
'jf Florida, Department of Natural Resources, Bureau of Marine
Research that the prc,pc.sed operation(s) will have no adverse
effects on the normal development and viability of eggs and
hatchlings in sea turtle nests and habitats, pursuant to the
following procedures:
(a') The State of Florida, Department of Natural
Resources, Bureau cif Marine Research, and the Buildinq
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 previsions of this ordinance or court
decision.
(2) Violations and Criminal Penalties.
For any and every vioIati.=-n of the provisions of this
ordinance, and for ea-_h 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) d.=,l1ars, 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
cf the Village cif 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 -',f Occupancy.
(i) Issuance.
No building permit or Certificate of
Occupancy shall be issued by the Building Department for any
purpose except in compliance herewith.
( i i ) 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 NI
NI
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 1c ode Enforcement 8-Dard, upon not if icat ion
by the Cc, de Enforcement Officer that an order c-f the Code
Enfor,_ement Poard has not been complied with by the set time
or, upon findinq that the same violation has been repeated by
the same violator, may order the vi cal atc.r 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 sectis,n, paragraph, sentence,
clause, phrase or word of this ordinance is for any reason held
or declared to be unconstitutional, inoperative or void, such
holdings of invalidity shall not affect the remaininq portions
=,f this ordinance and it shall be construed to have been the
legislative intent tc. pass this ordinan,=e without such
unconstitutional, invalid or inoperative part therein, and the
remainder of this ordinance after the exclusion 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, I:ind of property,
circumstances or set of circumstances, Stich 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 follows:
FOR ADOFT I ON
was
was
offered by
who moved its
seconded by
and upon being
AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed and
adopted this day of , 1990.
ATTEST:
Village Clerk
MAYOR OF TEOUESTA
Joseph N. Capretta
Page 15