HomeMy WebLinkAboutDocumentation_Regular_Tab 9B_5/24/1990w79 A,d.C,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. 406
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, 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 Village Council of the Village 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 Countv "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 5 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. Severability. If any provision of this
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
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
Councilmember �, who moved its
adoption. The Ordinance was seconded by
Counc i 1 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
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ORDINANCE NO. 88-13
AN ORDINANCE AND RULE OF THE BOARD OF COUNTY
COMMISSIONERS, ACTING AS THE PALM BEACH COUNTT
ENVIRONMENTAL CONTROL BOARD, AMENDING ORDINANCE N0.
81-18, ENTITLED THE MANGROVE PROTECTION ORDntANCi;
AMENDING SECTION 3 TO EZPAND THE DEFINITION OF -
ALTERATION, TO EXCLUDE SILVER BUTTONWOOD FROM THE -
DEFINITION OF MANGROVE AND TO ADD A DEFINITION OF
MANGROVE AREA; AMENDING SECTION 4 TO PROHIBIT THE
ALTERATION OF MANGROVES WITNOUT'A PERMIT; AMENDING
SECTIONS 5, 7, 9, 9, 10, AND 11 TO TRANSFER THE
ADMINISTRATIVE AND REGULATORY USPONS131LITUS OF
THE ORDINANCE FROM THE HEALTH DEPARTHDa TO THE
DEPARTMENT OF WMO*nWTAL RESOQRCES MA1iAGENENT;
AMMING SECTION 5 TO CHANGE THE, IMIMATIOW
REQUIRED ON THE PERMIT APPLICATION, TO PROVIDE FOR
60 DAYS TO ISSUE OR DENY THE PERMIT, AND TO PROVIDE
FOR ADDITIONAL CIRCUMSTANCES UNDER WHICH A PERMIT
SHALL NOT BE ISSUED O1 SHALL BE ISSUED WITHOUT All
APPLICATION FEE; AMMFNDING SECTION 6 TO INCREASE
PERMIT TEES;. AMENDING SECTION 7 TO DELETE THE
REQUIREMENT OF CONSENT BY THE DEPARTMENT OF NATURAL
RESOURCES; AMENDING SECTION 8 TO REQUIRE A REARING
WITHIN 60 DAYS OF A REQUEST FOR AN APPEAL; AMENDING
SECTION 10 TO ELIMINATE BLANKET PERMITS AND TO
CHANGE THE REQUIREMENTS FOR ALTERATIONS EXEMPT PROM
PERMITS; PROVIDING FOR REPEAL OF LAWS IN CONFLICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE; PROVIDING FOR EFFECTIVE DATE.
RECEIVED
DECO 1 1939
VIAL'.:.. l -
TEQUr:'__M
BLDG. DEFT.
WHEREAS, the Board of County Commissioners, acting as the
Environmental Control Board, adopted Ordinance No. 81-18 on August 14,
1981; and
33 WHEREAS, in adopting said Ordinance the Board recognized 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 Is necessary to prohibit additional activities vhicb vould
38 destroy then or reduce their environmental contribution; and
39 WHEREAS, it is necessary to increase permit fees 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 responsibilities for
44 the administration and enforcement of this Ordinance from the Palm Beach
45 County Health Department to the Department of Environmental Resources
46 Management.
I NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
2 COMMISSIONERS OF PATH BEACH COUNTY, FLORIDA, as follows:
3 Part I. Section 3, entitled "Definitions", Is hereby amended as follows:
4 3. DEFINITIONS
5 The following words shall be defined for use in
6 this Ordinance as follows:
7 A. Alteration) is to destroy, prune. -remove, trim,
8 or cut, shape a mangrove or to fill a mangrove area.
9 B. Destroy shall.'mean to remove, poison or otherwise
10 cause death to a mangrove.
11 C. Mangrove shall mean rooted trees and
12 seedlings of the following species: White (Laguncularis racemosa), Red
13 (Rhizophora mangle). Black (Avicennis germinans) and Buttonwood
14 (Conocarpus erectus). Silver Buttonwood (Conocarpus erectus Var. serices)
IS is excluded from this definition.
16 D. Mangrove area shall wean the extent of mangrove
17 canopy or pnuematophores, whichever is greater.
18 DE. Person shall wean any individual, corporation,
19 company, association, partnership, state, sub -division of 'the state.
20 municipality, or federal agency.
21 IT. Prune shall mean to cut away parts from a plant.
22 FG. Reforestation shall mean the planting of seedlings
23 and/or mangrove plants In accordance with acce4tible botanical
24 standards, in order to return the altered area to a functional mangrove
25 plant cosasunity.
26 GH. Remove shall mean to push, lift or otherwise carry
27 away from the ground.
28 NI. Rooted Is to be attached by roots to the ground.
29 Part II. Section 4. entitled "Protection Of Mangroves". is hereby
30 amended as follow t
31 4. PROTECTION OF MANGROVES
32 Except as otherwise provided in Paragraphs 10 and 12
33 herein, it shall be unlawful for any person to destroy, pruneT-crimT
34 evtT-shepeT-sieer-er-remove or alter mangroves from land or vaters
35 vithin Palm Beach County, Florida, without first obtaining atpermit
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issued pursuant to this
2
Ordinance.
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Part III. Section 5, entitled "Permit Applications And Standards for
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Issuance", is hereby amended as follows:
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5. PERMIT APPLICATIONS AND STANDARDS FOR ISSUANCE
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The Peim-$eeeh-6euney-$esilh-Deperseet Department of
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Environmental Resources Management shall ieceive and review applications
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for the alteration of mangroves prior to issuing my permit.
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Applications shall be made on a form prescribed by the Pala-$eaeb-6euntr
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Rtalth-Department Department of Environmental Resources Management
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containing the following minimum information:
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Petal!-nombet .
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Date-ef-4eeuenee
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Bnree4en-ef�era4!
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Name of applicant
l�
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Legal owner of land
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Legal-deserfption-or Street address of lands to
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which application applies and section, township
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and range
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Scope and nature of proposed alteration
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Proposed date of work by applicant
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A-separate-eppl4eee4ea-and-eeperale-pctm4t-shah-ie
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rcqufrcd-far-eeeh-prejee!-4nrelv4ng-tbra:eeraefesref +engraves
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be!-prev Ienslp-al} owed -tit-a-gealth-Derstaes"ermft. A permit
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shall be either issued or denied within thlrey430 sixty 60
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days of receipt of a completed application, or such permit ,
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shall be deemed Issued. In considering such application, the
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Palm-Death-6eunly-Realth Department of Environmental
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Resources Management shall determine the axtent to which the
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mangroves contribute to the environmental integrity of the site
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and surrounding area and the benefits and detriments of the
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mangrove alteration.
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A permit shall not be issued if the proposed activity
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would:
( 1 A. Farm the biological aquatic productivity
2 of the area, to such an extent as to be contrary to the public
3 interest; or
4 B. Increase erosion In the area, to such an
5 extent as to be contrary to the public interest; or
6 C. Cause a deterioration of the eater.
7 quality, to such an extent as to be contrary to the public
8 interest; or
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D. Destroy the mangroves if the permit
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sought is for the pruning of mangroves. -
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E. Alter mangroves vithin an area under a
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conservation easement made pursuant to Chapter 704, Florida
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Statutes.
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F. Alter mangroves which were planted or
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preserved pursuant to a federal, state, or local action
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permit of agreement; and the survival rate of the mangroves
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.does not comply with the requirements of the said action
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permit or agreement. in--said-perale,
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C. Alter mangroves planted or preserved
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pursuant to federal, state or local action, permit or agreement
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in such a manner that the result of the alteration could not
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reasonably be expected to fulfill the intent of said
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governmental action, permit or agreement.
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The Peist-Eceeh-6ernly-Acelth-pcperesce! Department of
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Environmental tesources Management may attach specific "
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conditions upon any permit concerning the scope, method. and
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time of alteration, where such conditions are deemed reasonably
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necessary to protect the environmental integrity of the site
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concerned. Hhere-pruning-fs-permfttedT-lhe-permit-l+eidet-ahaii
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be-regalred-le-epp}y-pr»nfng-painl-to-lhe-eel-ercer-fn-ceder-t�
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prelee!-lhe-mengreve-from-disease-end-4"eets.
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To•provide an incentive for the propagation of
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mangroves, the Department of Environmental tesources Management
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shall waive the application fee for any permit Issued,
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provided that the mangroves are naturally less than tventy-four
,' 4
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, trim ing, cutting or shaping of
5 mangroves.
6 An on -site inspection mar be necessary to accomplish
7 the applicttlon review process.
8 Part M Section 6, entitled "Permit Fees"., Is hereby amended
9 as follows: ,
10 6. PEAtiIT FEES ,
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 " altarations shall be accompanied by the payment of a fee of
15 Five -Dollars fifty dollars
16 ($50.00) for an application to alter 0.1 acre or less of
17 mangrove area or one hundred dollars 0 100.00) for an
18 application to alter more than 0.1 acre of mangrove area
19 except as provided in Section 5.
20 Part V. Section 7, entitled "Effect of Permit", 1s hereby
21 amended as follows:
22 7. EFFECT OF PEMUT
23 The issuance of a permit under this Ordinance shall
24 not relieve the applicant from complying with permit ,
1. 25 requirements of other federal, state, and local agencies., Who
26 Pn}a-Beae)+-6ennly-Aea4l1! Dope rtmen!-sha}3-ftet-be-e><peverel-N
27 (sane-pera Ils-for- the -alto rat 4en-of-mangroves-nei-owned-by-the
28 OPPlteentr-end-leested-upon-fiends-svned-Ly-lAe glete-si-Flerfda,'
29 unless-saeh-anlherftr-ha0-been-spee4fically-granteJ-the-Aealth
30 Department-by-the-State-o4-4ierida-4n-vrit4ngr
,
I Part VI. Section 8, entitled "Appeals", Is hereby amended as
2 follows:
3 8. APPEALS
4 The applicant say appeal any Perm-3eeek-6euety-Rea�ek
5 Department Department of Environmental Resources Managesent
6 decision rendered hereunder to the Environmental Control Board,
7 whose administrative decision shall be considered final.
8 A written notice of appeal shall be filed by the
9 applicant with the Gerk-ei-the—Smvfrenmestel-6entrei-Beard
10 Director of the Department of Environmental !*sources
11 Management within twenty (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.
14 the Clerk-of-ehe-Beard Director or his agent shall set the
15 matter for public hearing before the Board within twenty- 2103
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 such ten (10) day notice is valved In
19 writing by the appellant.
20 If the public bearing is not held within the
21 aforesaid time frame the appeal shall be considered approved an
22 the twenty-first-{2}st; sixty-first (61st) day following
23 receipt of the notice of appeal from the applicant. onlass such
24 hearing has been continued with the approval of the applicant.
25 The Pais-Beech-6eanly-$eeith-8eperhent-andfar-ehe
26 palm-$each-6euney-Snv4reeaenleg-6emers3-8ff4eer Department
27 of Environmental Resources Management. shall defend all
28 decisions appealed from this Ordinance before the Board.
29 Part VII. Section 9. entitled "Variances". 1s hereby amended
30 as follows:
31 9. VARIANCES
32 A variance may be granted by the Environmental
33 Control Board only 1f the Board finds the following:
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I A. That due to the tree's restriction on the
2 use and access of the property and surrounding area, there is
3 an undue hardship on the owner; and
4 B. That the proposed activity will not
5 interfere with the conservation of fish, marine or wildlife or
6 other natural resources to such an extent as to be contrary to
7 the public interest; and
8 C. That the variance is necessary to make
9 reasonable use of the land; and
10 D. That the undue* hardship is 'not caused by the
11 actions of the applicant.
12 Variances shall be applied for on forms prescribed by
13 the Environment al -Cent re!-8ffleer Department of Environmental
14 Resources Management.
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Part VIII. Section 10, entitled "Exemptions and Blanket
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Permits", is hereby amended as follows:
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10. EM9TIONS AND-BLANRE;-P£ANfi'6T
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A. If the alteration of mangroves is allowed under
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the specific terms of a Department of Environmental tegniee4sn
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Resources Management dredge and fill permit, sod-an-Army-6�rps
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ef-$rgineer " redge-and-fin-perm}!, a permit shall not be
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required under this Ordinance; provided, however; that such
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alteration occurs only within the area set forth in such permits.
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E. A permit shall not le required under this
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Ordinance for the alteration of sun -planted mangroves which are
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planted in upland areas for ornamental purposes only. aai
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ne!-fer-lhe-realsret4ea-af-t-nslrrel-uagisve-erti.
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Cv A-bienke!-ennaa}-pera4!-may-le-4ssaed-te-the-As}s
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Deaeh-6eunly-Nesga4le-6entrs}-Df�4s4ea-ier-4ls-mesgt4le-tenlre}
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eel4v4l4ca-4aveivfng-mengreve-lrfalasr--Pr4es-ls-lhe-4asysnes
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ef-sueh-b�enke!-ennua3-perms!-lhrNes�vfls-Centre-D4v4�4em
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ehs11-enb8it-to-the-Perm-8ese"olanty-8eeilh-8eportat n"
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seheduie-ei-trees-ee-be-lrfame�-and-dales-+reek-4s-ls-�e-deneT
t
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FeIIev4ng-the-sabmIssie11
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be-held-beeveen-the -Me squite-Gent raI-Diviiien-and -the
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palm-Beaeh-6eunty Aee1lh-Bepertment-te-m4n4m4ee-sanarave
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destrue tIon-end-maxtat ee-mesga4te-eentrel-benefit s-tad-leaf
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litter-trensperer--the-Health-Bepnrementyey-make-auggesl4ees
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and-eend4l4ens-far-lh rblenkei-permit-4n-vrteing, e-Aeelth
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Department-shall-sake-period
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eentre�-sei4v4l4esT
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DC. The Palm Beach Soil and. Water Conservation
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District shall not be subject to the permit requirements of
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this Ordinance for the alteration of mangroves involved In any
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research and/or experimental programs conducted by such agency.
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The Palm Beach Soil and Water Conservation District shall
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inform the palm-Seaeh-6euntr-Health Department Department of
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Environmental Resources Management of such programs in writing
�;-•,�
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and in advance of the actual mangrove alteration.
17 Part IX. SECTION 11, entitled "Enforcement", is hereby amended as
18 follows:
19 11. ENFORCEMENT.
10 Any person who violates this Ordinance shall be
21 subject to enforcement provisions set out in Chapter 125,
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22 Florida Statutes, and the Palm Beach County Environmental
23 Control Act, Chapter 77-616, Laws of Florida. as It may from
24 time to time be amended. Any alteration of mangroves without
25 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 No. 78-5. as
31 amended.
32 The Environmental Control Officer may institute on
33 action before the Environmental Control Aaarimj Board or in
34 Circuit Court to seek to establish liability. Impost civil
A
I penalties, obtain Injunctive relief, and/or require restoration
2
of the altered area.
3
Civil penalties shall be in an amount of not more
4
than Five Hundred Dollars ($500.00) per offense. However, the
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court or Hearing board may receive evidence in mitigation.
6
Each individual mangrove unlawfully altered under the
7
provisions of this Ordinance shall constitute a separate
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offense.
9
Reforestation of the area of offense shall be
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required in an amount to be determined by the Pals -Beach
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6easty-Realer-8eper emene Department of Environmental
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Resources Management, but not to exceed twice the amount
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of any mangrove area destroyed.
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12. REPEAL OF LAWS IN CONFLICT
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All local laws and ordinances applying to the
st r
r!.
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Incorporated and unincorporated area of Pals beach County
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in conflict with any provisions of this ordinance are hereby .
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repealed to the extent allowed under Article Vill,
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Section 1 (9) of the Florida Constitution, Article I,
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Section 1.3 of the Palm beach County Charter and
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Chapter 77-616, as amended, Lava of Florida, Special Acts.
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13. SEVERABILITT
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If an section,
, paragraph, sentence, clause, phrase,
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or word of this ordinance is for any reason bald by the Court
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to be unconstitutional, Inoperative or void, such holding
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shall not affect the remainder of this ordinance.
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14. INCLUSION IN THE CODE OF LAWS AND ORDINANCES
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The provisions of this Ordinance shall become and be
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made a part of the code of laws and ordinances of Palm beach
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County, Florida. The sections of the Ordinance say be
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renumbered or relettered to accomplish such, and the word
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"ordinance" may be changed to "section," "article," or any
33
other appropriate word.
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I I,. EFFECTIVE DATE
2 The provisions of this Ordinance shall become
3 effective upon receipt of acknowledgement by the Secretary of
4 State, but shall in no cast 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 PALM BEACH COUNTY, FLORM, BY ITS
11 BOARD OF COUNTY CaWSSIOMW
12 By
13
Chairman
14 APPROVED AS TO FORM AND
15 LEGAL SUFFICIENCY
16
17 C unty Attorney
18 Acknowledgement by the Department of State of the State of
19 Florida, on this, the day of 19
20 EFFECTIVE DATE: Acknowledgement from the Department of State
21 received on the day of , 19 , at
12 _ .M., and filed in the Office of the Clerk of the Board of County
23 Commissioners of Pala Beach County, Florida.
a
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