HomeMy WebLinkAboutDocumentation_Regular_Tab 8C_4/26/1990 a� I ,C ,�
VILLAGE OF TEQUESTA
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Post Office Box 3273 357 Tequesta Drive
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,, Tequesta, Florida 33469-0273 • (407) 575-6200
FAX: (407) 575-6203
M EM O RAN D UM
TO: Village Council
FROM: Thomas G. Bradford, Village Manager r70 �)
DATE: April 19, 1990
SUBJECT: Agenda Item VIII, A, B, C, D;
Ordinances Constituting Land Development
Regulations Per the Comprehensive Planning Process
As you know, the adopted Comprehensive Plan of the Village
provides for many goals, objectives and policies within each
Element of the Comprehensive Development Plan. Creation of
Land Development Regulations is the next step in the
Comprehensive Planning Process and is a vehicle for
implementing various policy statements of the Comprehensive
Plan. As an example, the Coastal Zone Management Element of
the Plan has a policy 2. 1 . 2 which states that "within one year
of submitting this Plan, change appropriate development codes,
as necessary, to assure adequate controls over hazardous
wastes. " Therefore, for this and other reasons, we have
created for your consideration Ordinance No. 400 which creates
the Village Toxic and Hazardous Substances and Materials
Ordinance.
The Land Development Regulation process will entail
presentation to you of approximately twelve ( 12 ) Ordinances
over the course of the next three ( 3 ) or four ( 4 ) Village
Council Meetings. The State of Florida has allocated $12, 307
to the Village to prepare these Land Development Regulations.
The Village Council previously approved this funding program on
October 26, 1989.
The Ordinances before you are fairly straightforward
however, some are quite complicated. We have had numerous
staff meetings to prepare these Ordinances and are comfortable
with the content. We can answer any questions that you have
relative to the specifics.
We recommend that you approve these Ordinances on first
reading.
TGB/mk
Attachments
ORDINANc NO. 399
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEDUESTA, PALM BEACH COUN v, FLORIDA, CREATING PEGULATI3NS
TO PROTECT ENVIRONMENTALLY SENSITIVE LANDS WITHIN -HE
VILLAGE; PROVIDING FOP T=TLE; APPLICATION AND PUF'F'C3E;
PROVIDING DEFINITIONS; PPJ".'IDING FOR. EXEMPTIONS; PROVIE:WG
REVIEW PROCEDURES; PROVIL:o1G APPROVAL C_:PITEPIA; PROVIDING
FOR APPEALS; PROVIDING FOR ENFORCEMENT AND PENALTIES;
PROVIDING FOR SEVERABILIT' ; PROVIDING FOR REPEAL OF LAWS IN
C=:ONFLICT; PROVIDING FOP ? LUSION IN THE CODE OF LAWS =ND
ORDINANCES;
WHEREAS, certain limited c=•=•graphic areas in the Village of
Tequesta contain high-quality native upland Florida ecosysta-s
( 'environmentally sensitive lards_" ) ; and
WHEREAS, these environre'tally sensitive lands prc•\, ide
important and valuable supp.-: services such as groundwater
retention and recharge, f:c.Dd and erosion control , and
enhancement of air and water quality; and
WHEREAS, endangered, threatened and rare plant and aniTal
species, and species of concern to the state of Florida are Fart
of, and dependent on, these environmentally sensitive lands; and
WHEREAS, these environmentally sensitive lands are part ofi
the heritage of Tequesta' s citizens, provide show places for
visitors and enhance the overall quality and diversity of life in
the Village of Tequesta; and
WHEREAS, alteration or destruction of these environmentally
' sensitive lands will cause an irreparable aesthetic , educational ,
s•= ientific , and cultural loss to the citizens and visitors of the
Village of Tequesta, and result in a potential harm to and
degradation of groundwater , surface waters and air quality; and
WHEREAS, environmentally sensitive lands have teen
identified by the Village o° Tequesta , and designated by the
Village Council as significant -=sources of concern;
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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
glands from degradation and loss.
NOW, THEREFORE, BE IT ORDAINE2 BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, as follows:
Section 1 . SHORT TITLE; Artt I C:AB I L I TY
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 os this Ordinance shall be
effective within the incorporatet areas of the Village of
Tequesta, Florida and shall set requirements to preserve and
protect environmentally sensitive lands.
1 .04 This Ordinance shall be Iiberally construed tc
effect the purpose set forth herein_
1 .05 This Ordinance shall apply to Ecosystems 61 and 62
as identified in the Comprehensive plan, and all propc'sed 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 and
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.
Section 4. DEFINITIONS
4. 01 The following de`:nitions 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, b=c•class or areal extent than
competing species or communities, or a
scientifically accepted tendency of species or
communities to achieve such a status under
existing or reasonably anticipated conditions.
(e) Ecosystem. An assemtlage of living organisms
(plants, animals, nicresorganisms, 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
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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 Commissic,n
(3) Florida Committee on Rare and Endangered
Plants and Animals
(4) Florida Department of Agriculture
(5) Treasure Coast Rec r.nal Planning Council
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(g) Environmentally Sensitive Lands. Ecological sites
or ecosystem, other than wetlands, that
encompasses a high-vuality native Florida
ecosystem(s) . Such a site will possess at a
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 l istec as rare, threatened,
endangered or Cf special concern by one
or more of the fcllowing agencies:
1 ) U. S. Fish and Wildlife Service
?) Florida Game and Fresh Water Fish
Commission
3) Florida Cc-mmittee on Rate 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 non:.e►mittable.
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(j) Natural Resources. An a: :-system component or
attribute of unique or locally significant value
to man and nature.
(k) Wetland. Those areas characterized as wetlands
pursuant to Chapgter 4' 3 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 Envircc ental Regulation and
South Florida Water Mnagement District .
Section 5. DESIGNATION OF ENVIRONMENTAL SIGNIFICANT
LANDS
5. 01 Lands shall be designated as environmentally
- ignifi':ant if they contain a significant amount of one or more
-'f the following habitat types:
(a) Coast Scrub
(b) Xeric Hammock or Xeric Scrub
(c) Tropical Hammock
(d) Low Hammock, Temperate Hamm:-.:1-l 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
.01 may also be designated as environmentally significant if
hey are used by or contain federally—listed endangered or I
hreatened species or state listed endangered species. Native 1
abitats actively used by or supporting state listed threatened 1
- -pecies or species of special concern may be designated as
-nvironmentally significant lands if they contain populations
' ritical to the listed species' survival within the region.
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Section 6. EXEMPTION FOR PRIOR ALTEFATION
6. 01 An exemption from this Ordinance is available for
any 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 occurret pursuant to valid
permits from all applicable regulatory entities;
and
(c ) The environmentally sensitive land no longer )
retains the natural values an 'unctions on which
the designation of envirc'nme'tal sensitive was 1
based.
6. 02 This Ordinance shall not apply to existing legal
tses for which, upon the effective date he-e: f, a level of use
as been documented. Documented uses may •c+�tinue at this same )
level ; however , an increased level of use a change in use
shall come under the regulatory scope of this Ordinance.
6. 03 An applicant who desires an exemption from this
i
rdinance must submit an application fcr exemption to the
iepartment with accompanying evidence that he or she is entitled
o the exemption pursuant to this section. This application
hould include, at a minimum, a descripticn of the nature and
.ate of this alteratidn, documentation of prior approval (s) , a
ite location map, photographs, an aerial photograph clearly
selineating 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
setermination 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 Al: single-family and duplex residetial units, as
well as Village-c' s-ed property, are exempt from `-e requirements
of this Ordinan-e. However , no single fa_f►ily or duplex
residential unit uil1 be exempt pursuant to this section, if said
units are part of an overall development plan that is subject to
preserving envir=..entally sensitive lands as subject to a
development apprcwal .
Section 8. EXEMPTION FOR VESTED DEVELOPrENT RIGHTS
8. 01 Ar exemption from this Ordinance is available for
any project for which, upon the effective date hereof:
(a) A muilding permit has been issued: or
(b) A site plan or master plan asp oval has been
issued; or
(c ) A subdivision and/or plat approva: =ursuant to the
V:: lage of Tequesta subdivision :let law and land
development regulations have been issued; or
(d) A 'ial id Development :of Regional :mpaa:t Order has
been issued; or
(e) A :omplete application for a, b, c or d above was
sutmitted :on car 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
■rdinance must submit an application for exemption to the
illepartment , with accompanying evidence that he or she is entitled
o the exemption pursuant to this section. This application must
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include copies of supporting documentation evidencing the
pplicable approval under Section 8. 01 (a) through ( f) . The
'epartment shall lake 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 a-d all information needed to ma;-se the exemption
•eterminat ion.
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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 FOP 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 of
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 following
information:
(a) Application Form
(b) Site Conditions
(1 ) Site location map - with the specific
property clearly indicated (8 1/2" x 11" i
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 andl
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 conditicn (s) .
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(5) List of endangered, threatened' and rare
spies and species of 'special concern found
or site. .
(6) C:cI•-nial bird nest ing or roost ing areas or
areas in which migratory species are known to
concentrate.
(7) Archaeologically and/or historically
s=gni f icant features.
(8) Geologically significant features.
(9) Area of previous disturbance or degradation,
including present and past human uses of
s_te.
(10) Sirrounding land uses and environmental
features.
(c ) Project resign
( 1 ) Conceptual footprint of site development,
including buildings, roadways, pat-Wing areas,
u: i1 ities, water features, flood control
structures, storm water systems, well field
l rcat ions, landscaped areas, buf fer 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) Descr ipt ion ' of proposed operations to be
performed on site, including use, storage,
handl ing or production of substances known to
be harmful to plants and/car animals.
(2) Identificaticon of any pollutants expected to
be emitted during project operation.
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• (3) Idertification of solid wastes generated and;
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dispersal methods expected to be used.
(e) Project Alternatives
( 1 ) Mitigation considerations should be proposed
as they relate to possible loss of habitat or
impart 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
places shall include a preservation management
plar 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 requester by the;
Department within thirty (30) days of receipt of ttie above;
information. For the purpose of 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 of
said proposal in light of the goals of this Ordinan-:e. 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 prc arty. 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 ($ ,000. 0O) 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 pl - review process. The applicat=cm fee is
1 imited to a maximum of live Thousand Dollars ($5, 00r•.:40) . No
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application shall be deemed complete without the specified
. application fee.
9. 06 The Village shall have the right to hire a
ualified specialist at the applicant ' s expense to qualify and
escilve any unanswered questions. If a specialist is utilized, a i
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hree Hundred Dollars ($300.O0) deposit shall be posted with the
illage to cover or apply toward the specialists' fees.
Section 10. APPROVAL CRITERIA FOP PROPOSED LAND
LTERATION
10. 01 After consideration of the Department's
ecommendat i cns the
proposed land alteration shall be approved
y the Village Council if: 1
(a) The project design provides for the protection and 1
preservation cif the values and functions c.f
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 I
be identified based upon the quality of habitats, I
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the presence of listed species, proximity t-:, other
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natural areas and other relevant factors. The 1
Village Council shall have the option to designate 1
the portion of environmentally sensitive lands 1
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which shall be preserved. Such areas shall be
preserved in viable condition, with intact canopy, I
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understory and around cover ; and
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(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 1
monitoring and removal oval of exotic spec ies, and
fencing requirements. Periodic controlled burning
or other mechanical methods that would simulate
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the natural processes of the natural historic fire
regime may be required for some areas, subject to i
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review and a.:= roval of the "Fire Marshall ; and
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(d) For those lanes identified. for preserve status
pursuant tcr, Se:tion 10. 01 (b) , the applicant shall
cause tc, be er.ered in to the public records of
Palm Beach C:aunty, a conservation easesent
pursuant to Section 704. 06, Florida Statutes; and
(e) For a site on w+' _:h endangered, threatened or rare ,
species or species of concern (listed species) are
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present , the fc' 1::wing criteria can be satisfied:
1 ) The applicant successfully demonstrates that
the proposed action will not preclude the
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continued survival and viability of thc•=_e
listed spe: ies located on the site; and
t_ 2) If the applicant presents a plan for ;
relocation. either on-site or off-site, for t,
those list f species, which has been revie:+ed
and approvet by all appropriate agencies.
Section 11 . APPEALS
11 . 01 An applicant or the Department may appeal a final
decision of the hearing officer- within thirty (30) days of the
l.renditic,n of the decision b. filing a petition for Writ of
Certiorari in Circuit Court of the Fifteenth Judicial Circuit in
and for Palm Beach County, Flc•ida.
Section 12. VIOLATIONS, ENFORCEMENT, PENALTIES
12.01 Failure to comply with the requirements of this
turdinance or any permit or approval granted or authorized
'hereunder shall constitute a violation of this Ordinance.
Violations of the provisions of this Ordinance, upon conviction,
-shall 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
site conditions. In addition to the sanct
ions contained herein,
the Village may take any :t':er appropriate legal action,
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! including, but not limited to, e_rinistrative action and requests
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l; f_•r temporary and permanent in.jL..-•:tions to enforce the provisicr.s
iof this Ordinance. It is the purpose of this Ordinance t_•
'!provide additional cumulative remedies. The provisions of tt':s
!Ordinance shall be enforceable the Village of Tequesta C:cde
1
1Enforcement Board.
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Section 13. REPEAL OF L€ IN CONFLICT
13. 01 All local laws --d ordinances applying to t`'e
incorporated areas of The _Villece of Tequesta in conflict wit'-
zany provisions of this Ordina-•ce are hereby repealed to t`e
9extent of such conflict .
Section 14. SEVEF:ABILITY
14. 01 In anysect io.r.
paragraph, sentence, clause.
phrase or ward of this Ordinance is for any reason held by t-=
(Court to
be unconstitutional , i_•_-7.7erat ive or void, such hol di-=
'shall pot affect the remainder c' this Ordinance.
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Section 15. INCLUSION It. —4+E CODE OF LAWS AND ORD I NAM=:EE
15. 01 The provisions co' tnis Ordinance shall become a-2
Ipe made a part of the Code of La.es and Ordinances of The Villa_=
f Tequesta, Florida. The sections of this Ordinance may to
kenumbered or relettered to a _:mpl ish * such, and the word
"ordinance" may be changed to 'section" , "article" or any other
appropriate word.
Section 16. EFFECTIVE DATE
16. 01 The foregoing Ordinance shall take effect
"mmediately upon its approval an passage as provided by law.
FOREGOING ORDINANCE WAS OFFEND BY C:ounc i l member
, who moved its adoption. The
dinance was seconded by Council tuber
, and !won being put to a vote, the
• - vote was as follows:
I
,
i.
FOP ADOPTION AGAINST ADOPTION
The Mayer thereupon - de':1 ar et the Ordinance duly passed ant
adopted this day of , 1990.
MAYOR OF TEQUESTA
•:seph N. Capretta
ATTEST:
Bill C. Kascavel is
Village Clerk
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