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WHEREAS, the Village Council desires to discourage the harm
'recited above and maintain the biological diversity of The
Village of Tequesta by protecting these environmentally sensitive
lands from degradation and loss.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, as follows:
Section 1 . SHORT TITLE; APPLI►=ABILITY
1 . 01 This Ordinance shall be known as the Village of
Tequesta "Environmentally Sensitive Lands Ordinance. "
1 . 02 The recitations set forth in the "WHEREAS
paragraphs above are incorporated by reference herein as findings .
of fact upon which this Ordinance is based.
1 . 03 All provisions of this Ordinance shall be
effective within the incorporated areas of the Village of
Tequesta, Florida and shall set requirements to preserve and
protect environmentally sensitive lands.
1 . 04 This Ordinance shall be liberally construed to
effect the purpose set forth herein.
1 . 05 This Ordinance shall apply to Ecosystems 1 and 63.
as identified in the Comprehensive Plan, and all proposed land
development , subject to site plan approval as established in the
Village of Tequesta Comprehensive Zoning Ordinance.
Section 2. AMEND CHAPTER 14
2.01 Chapter 14 of the Code of Ordinances of the
Village of Tequesta is hereby amended by adopting and
incorporating into the Code the Village of Tequesta
"Environmentally Sensitive Lands Ordinance" as set forth herein.
Section 3. PURPOSE
3. 01 The purpose of this Ordinance is to preserve andl
protect the values and functions of environmentally sensitive!
lands from alterations that would result in the loss of these!
lands or significant degradation of their values and functions. I
Section 4. DEFINITIONS
4. 01 The following definitions apply within this
Ordinance:
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(a) Alteration. The result of human-caused activity
which modifies, transforms, or otherwise changes
environmentally sensitive lands, including, but
not limited to, placement of vehicles, structures,
debris or any other material objects thereon,
introduction or injection of water or other
substance, and removal , displacement or ;
disturbance of plant or animal species, soil ,
rock, minerals or water .
(b) Council . The Village Council of the Village of
Tequesta.
(c ) Department . The Building Department of the
Village of Tequesta.
(d) Dominance. The presence of species or communities
in greater numbers, biomass or areal extent than
competing species or communities, or a
scientifically accepted tendency of species or
communities ti: achieve such a status under
existing or reasonably anticipated conditions.
(e) Ecosystem. An assemblage of living organisms
(plants, animals, microorganisms, etc . ) and
nonliving components (soil , water , air, etc . ) that
function as a dynamic whole through organized
energy flows.
( f) Endangered, Threatened and Rare Species and ;
Species of Special Concern. Species listed as
endangered, threatened, rare or of special concern
by one or more of the following agencies:
( 1 ) U.S. Fish and Wildlife Service
(2) Florida Game and Fresh Water Fish Commission
(3) Florida Committee on Rare and Endangered
Plants and Animals
(4) Florida Department of Agriculture
(5) Treasure Coast Regional Planning Council
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(g) Environmentally Sensitive Lands. Ecological sites
or ecosystem, other than wetlands, that i
encompasses a high-quality native Florida
ecosystem(s) . Such a site will possess at a I
minimum:
( 1 ) Ecological integrity, indicated by:
(a) an identifiable scrub habitat
(b) a high dominance of native species.
(c ) characteristic spatial pattern and
diversity of ecosystems; and usually
(2) One or more of the following:
(a) uniqueness
(b) rarity
(c ) species listed as rare, threatened,
endangered car of special concern by one
or more of the fc•l l ':wing agencies:
1 ) U.S. Fish and Wildlife Service
2) Florida Game and Fresh Water Fish
Commission
3) Florida Committee on Pate and
Endangered Plants and Animals
4) Florida Department of Agriculture
5) Treasure Coast Regional Planning
Council
(d) historic identity or significance
(e) archaeological identity
( f) geologically significant features •
(h) Habitat . The environment which supports and is
co-dependent with • native plant or animal
communities.
( i ) Mitigation. An action or series of actions that
will offset the adverse impacts to the native
upland ecosystems in the Village of Tequesta that
cause a project to be nonpermittable.
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Ci ) Natural Resources. An ecosystem component or
attribute of unique or locally significant values
to man and nature.
(1: ) Wetland. Those areas characterized as wetlands )
pursuant to Chapgter 403 et seq. , Florida
Statutes, or those areas characterized as isolated
wetlands pursuant to Section 373. 414, Florida
'Statutes, and subject to the rules and regulations
of the Department of Environmental Regulation and
South Florida Water Mnagement District .
Section 5. DESIGNATION OF ENVIRONMENTAL SIGNIFICANTI
LANDS
5. 01 Lands shall be designated as environmentally
- ignificant if they contain a significant amount of one or more
if the following habitat types:
(a) Coast Scrub
(b) Xeric Hammock: or Xeric Scrub
(c ) Tropical Hammock
(d) Low Hammock, Temperate Hammc.._t or Mes i c Hammock
(e) Mixed Hardwood Swamp or Hydric Hammock
( f) Pond Apple Slough
(g) Cypress Swamp
(h) Freshwater Marsh
( i) Mangrove' Swamp •
(j ) Oak Forest
5. 02 Native habitats other than those listed in Section
5.01 may also be designated as environmentally significant if
they are used by or contain federally-listed endangered or
threatened species or state listed endangered species. Native
habitats actively used by or supporting state listed threatened
species or species of special concern may be designated as
environmentally significant lands if they contain populations
Critical to the listed species' survival within the region.
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Section 6. EXEMPTION FOP PRIOR ALTERATION .
6. 01 An exemption from this Ordinance is available for ,
ny project whereby, upon the effective date hereof:
(a) The environmentally sensitive land had been '
altered prior to be adoption of this Ordinance;
and
(b ) The land alteration occurred pursuant to valid
permits from all applicable regulatory entities; 1
and
(c ) The environmentally sensitive land no longer
retains the natural values and functions on whichi!
the designation of environmental sensitive was
based.
6. 02 This Ordinance shall not apply to existing legal
(ses for which, upon the effective date hereof , a level of use
as been documented. Documented uses may continue at this same `
level ; however , an increased level of use or a change in use
hall come under the regulatory scope of this Ordinance.
6. 03 An applicant who desires an exemption from this
■rdinance must submit an application for exemption to the1
Department with accompanying evidence that he or she is entitled
o the exemption pursuant to this section. This application
hould include, at a minimum, a description of the nature and
.ate of this alteration, documentation of prior approval (s) , a
ite location map, photographs, an aerial photograph clearly
•elineating the location of the property and other information
hat may be decided necessary by the Village of Tequesta in
eview of the application. The Department shall make a
•etermination of the applicant 's eligibility for an exemption and
ender a written decision thereon within thirty (30) days of
. , eceipt by the Department of the application for exemption and
11 information necessary to make the exemption determination.
Section 7. EXEMPTION FOR SINGLE-FAMILY AND DUPLEX
RESIDENTIAL UNITS AND LANDS OWNED BY THE
VILLAGE.
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7. 01 All single-family and duplex residential units, as
well as Village-owned property, are exempt from the requirements !
of this Ordinance. However , no single family or duplex !
residential unit will be exempt pursuant to this section, if said ,
units are part of an overall development plan that is subject tol
preserving environmentally sensitive lands as subject to al
development approval .
Section 8. EXEMPTION FOP VESTED DEVELOPMENT RIGHTS
8. 01 An exemption from this Ordinance is available for ?
any project for which, upon the effective date hereof:
(a) A building permit has been issued; or
(b) A site plan or master plan approval has been
issued; or
(c ) A subdivision and/or plat approval pursuant to the
Village of Tequesta subdivision plat law and land
development regulations have been issued; or
(d) A valid Development of Pegional Impact Order hasp
been issued; or
(e) A complete application for a, b, c car d above was
submitted on or before the effective date of this
Ordinance; or
(f) A sufficiency notification for a Development of
Regional Impact has been issued by the Treasure
Coast Regional Planning Council .
8. 02 An applicant who desires an exemption from this
ordinance must submit an application for exemption to the
Department, with accompanying evidence that he or she is entitled
o the exemption pursuant to this section. This application must
include copies of supporting documentation evidencing the
pplicable approval under Section 8. 01 (a) through ( f) . The
• •epartment shall make a determination of the applicant's
-ligibility for the exemption and render a written decision
hereon within thirty (30) days of receipt by the Department of
he application and all information needed to make the exemption
.etermination.
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8. 03 Any project that has received a development
approval pursuant to the criteria of this Ordinance, established
. in Section 10, shall be exempt from further consideration.
Section 9. REVIEW PROCEDURES FOR PROPOSED LAND.
ALTERATION
9. 01 Any application to the Department involving;
!
proposed alteration of environmentally sensitive lands shall )
include an environmental assessment identifying the effects that
the proposed alteration would have on the property prior to!
receiving an approval development permit . An application form;
developed by the Department shall be completed and submitted with,
the study by the applicant . It shall be the responsibility ofl
the Department to review said study and prepare the evaluations
and recommendations specified herein.
9. 02 The Department ' s evaluation of the proposed
alteration or development shall be based upon this study
submitted by the property owner or his or her designee. This
study shall include, but not be limited to, the fc.l lowing
information:
(a) Application Form
(b) Site Conditions
( 1 ) Site location map - with the specific
property clearly indicated (8 1/2" x 11"
format ) .
(2) Aerial photograph - with the specific
property and acreage clearly indicated (Scale
1" - 600' or less) .
(3) Map of existing terrestrial and aquatic
vegetation, including exotic ' species and
native plant community types. A description
of each native plant community type, !
including canopy, understory and ground cover
shall be provided.
(4) Soil type(s) and condition (s) .
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(5) List of endangered, threatened and rare
species and spec: ies of spec ial concern found •
on site.
(6) Colonial bird nesting or roosting areas or
areas in which migratory species are known to
concentrate.
(7) Archaeologically and/or historically
significant features.
(8) Geologically significant features.
(9) Area of previous disturbance or degradation,
including present and past human uses of
site.
( 10) Surrounding land uses and environmental
features.
(c ) Project Design
( 1 ) Conceptual footprint of site development ,
including buildings, roadways, part ing areas,
utilities, water features, flood control
structures, storm water systems, well field
locations, landscaped areas, buffer areas,
preserve areas, agricultural activities and
other open space areas, at the same scale and
an overlay to vegetation mapping detailed in
Section 9.02(b) (3) above.
(2) Existing zoning.
(3) Status of development approvals, including
permit applications.
(d) Project Operation
(1 ) Description of proposed operations to be
performed on site, including use, storage,
handling or production of substances known to
be harmful to plants and/or animals.
(2) Identification of any pollutants expected to
be emitted during project operation.
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• (3) Identification of solid wastes generated andi
disposal methods expected to be used.
(e) Project Alternatives 1
( 1 ) Mitigation considerations should be proposed;
as they relate to possible loss of habitat or
impact on endangered, threatened or rare
animal and plant species, or species of
special concern and subject to review and
approval of the Village. Said mitigation
plans shall include a preservation management l
plan as defined in Section 10. 01 (c ) of this
Ordinance.
9. 03 Any additional information reasonably determined
to be required by the Department must be requested by the
Department within thirty (20) days of receipt cf the above.
information. For the purpose cf this Ordinance, the applicant)!
shall not have met the procedural requirements for the submittal
of a complete application for a development order until a
complete environmental study report has been submitted.
9.04 Upon receipt of the complete application, the
Department shall review and evaluate the environmental impacts off
said proposal in light of the goals of this Ordinance. The
Department shall work with the applicant and other environmental
agencies to provide for the best possible development proposal to
satisfy the goals of this Ordinance as well as allowing for sound
development of the property. For those projects that do not
otherwise require a development order , the Department shall issue
an approval by letter if the applicant meets the standard listed
in Section 10.
9. 05 The applicant shall submit an application fee of
One Thousand Dollars ($1,000. 00) plus Ten Dollars ($10.00) per
acre of identified environmentally sensitive lands with the
environmental study in addition to any other application fees
required in the site plan review process. The application fee is
1 imited to a maximum of Five Thousand D011ars ($5, 000. 00) . No
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ppl icat ion shall be deemed complete without the specified
hppl i.:at ion fee.
9. 06 The Village shall have the right to hire a
ualified specialist at the applicant ' s expense to qualify and ;
esalve any unanswered questions. If a specialist is utilized, a '
hree Hundred Dollars ($300. 00) deposit shall be posted with the
illage to cover or apply toward the specialists' fees.
Section 10. APPROVAL CRITERIA FOR PROPOSED LAND ,
LTERATION
10. 01 After consideration of the Department 's1
e'_ommendat i cans, the proposed land alteration shall be approved
•y the Village Council if:
(a) The project design provides for the protection and
preservation of the values and functions of the
environmentally sensitive lands; and
(b) At a minimum, twenty five percent (25%) of the
environmentally sensitive lands shall be set aside
in a preserve status. Lands to be preserved shall
be identified based upon the quality of habitats,
the presence of listed species, proximity to other
natural areas and other relevant factors. The
Village Council shall have the option to designate
the portion of environmentally sensitive lands
which shall be preserved. Such areas shall be
preserved in viable condition, with intact canopy,
understory and ground cover ; and
(c ) A management plan of the preserve area shall be
prepared by the applicant and shall include, but
not be limited to, eradication and continued
monitoring and removal of exotic species, and
fencing requirements. Periodic controlled burning
or other mechanical methods that would simulate
the natural processes of the natural historic fire
regime may be required for some areas, subject to
review and approval of the'Fire Marshall ; and
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(d) For those lands identified. for preserve status '
1. pursuant to Section 10. 01 (b) , the applicant shall
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public _cause to be entered in to the records cr-Ards of
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I. Palm Beach C-c-unty, a conservation easement
li
pursuant to Section 704. 06, Florida Statutes; and
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�I (e) For a site on w'- :h endangered, threatened or rare
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species or species of concern (listed species) are!
present , the fco"_ lowing criteria can be satisfied:
1 ) The applicant successfully demonstrates that ,
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Ithe proposed action will not preclude the
continued survival and viability of those
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listed spe: ies located on the site; and '
) If the applicant presents a plan fcer i
rel c1•_at ion. either on-site or off-site, for t
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those listef species, which has been reviewed
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and approved' by all appropriate agencies.
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Section 1 1 . APPEALS
It.
11 . 01 An applicant or the Department may appeal a final
'idec ision of the hearing officer within thirty (30) days of the
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,rendition of the decision by filing a petition for Writ off
Certiorari in Circuit Court of the Fifteenth Judicial Circuit in
`land for Palm Reach County, Florida.
Section 12. VIOLATIONS, ENFORCEMENT, PENALTIES
12. 01 Failure to comply with the requirements of this
rdinance or any permit or approval granted or authorized
ereunder shall constitute a violation of this Ordinance. •
iolations of the provisions of this Ordinance, upon conviction,
hall be punished by a fine not to exceed
Five Hundred Dollars
($500. 00) per violation, per day, or by imprisonment in the
County jail not to exceed sixty (60) days, or by both fine and
imprisonment pursuant to the provisions of Section 125.69,
'Florida Statutes. Additionally, damage to the environmentally
,sensitive lands may result in an order to restore to pre-existing
f
ite conditions. In addition to the sanctions contained herein,
!,the Village may take any :ther appropriate legal action,
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including, but not limited to, administrative action and requests
for temporary and permanent injunctions to enforce the provisions
of this Ordinance. It is the purpose of this Ordinance to
provide additional cumulative remedies. The provisions of this
Ordinance shall be enforceable by the Village of Tequesta Code
Enforcement Board.
Section 13. REPEAL OF LAWS IN CONFLICT
13. 01 All local laws and ordinances applying to the
incorporated areas of The _Villaae of Tequesta in conflict with
any provisions of this Ordinance are hereby repealed to the
extent of such conflict .
Section 14. SEVERABILITY
14. 01 In any section, paragraph, sentence, clause.
phrase or ward of this Ordinance is for any reason held by the
Court to be unconstitutional , inoperative or void, such holdinr
shall pot affect the remainder of this Ordinance.
Section 15. INCLUSION IN THE CODE OF LAWS AND ORDINANCES
15. 01 The provisions of this Ordinance shall become and
se made a part of the Code of Laws and Ordinances of The Village
'f Tequesta, Florida. The sections of this Ordinance may be
enumbered or relettered to accomplish such, and the ward
"ordinance" may be changed to "section", "article" or any other
-pprcpriate word.
Section 16. EFFECTIVE DATE
16. 01 The foregoing Ordinance shall take effect
immediately upon its approval and passage as provided by law.
HE FOREGOING ORDINANCE WAS OFFERED BY Councilmember
, who moved its adoption. The
ordinance was seconded by Councilmember
, and upon being put to a vote, the
- ote was as follows:
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FOP ADOPTION AGAINST ADOPTION
The Mayor thereupon - declared the Ordinance duly passed and
adopted this day of , 1990.
MAYOF' OF TEOUESTA
Joseph N. C:apretta
ATTEST:
Bill C. Kascavelis
Village Clerk
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