HomeMy WebLinkAboutDocumentation_Workshop_Tab 02_5/1/2023Agenda Item #2.
Workshop
STAFF
MEMO
Meeting: Workshop - May 01 2023
Staff Contact: Lynne Britt Department: Building
Sea Turtle Protection Ordinance discussion.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-
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Sea Turle Protection Memo 4.19.23.ada
VOT Draft Sea Turtle Protection Ordinance 4.19.23.ada
VOT and PBC Sea Turtle Protection Ordinances - Excel Comparison 4.19.23.ada
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Agenda Item #2.
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
To: Jeremy Allen, Village Manager
From: Lynne Britt, Building Support Administrator
CC: Honorable Mayor and Village Council
Date: April 19, 2023
Re: Village of Tequesta Draft Sea Turtle Protection Ordinance
561-768-0700
www.tequesta.org
Background
The main human -made threat to sea turtles is artificial lighting near nesting beaches, which
effects both nesting females and legions of hatchlings. Even a single bright light near a nesting
site can cause all of the hatchlings on a given beach to head inland. Hatchlings have a finite
amount of energy when they hatch, which they desperately need to get to the water and swim
out to safety. Sea turtles are a "keystone species", which means they are an important part of
the environment and influence other species around them. Sea turtles have played vital roles
in maintaining the health of the world's oceans for more than 100 million years including
maintaining productive coral reef ecosystems and transporting essential nutrients, from the
oceans, to beaches and coastal dunes.
Turtle -Friendly Lighting
The Florida Fish and Wildlife Conservation Commission (FWC) is the State trustee for sea turtles
in Florida. The FWC operates under the authority of F.S. 379.2431(1) and Florida Administrative
Code Rule 68E-1. Permitting authority for conducting research and conservation activities is
granted to FWC by the U.S. Fish and Wildlife Service under a cooperative agreement consistent
with the federal Endangered Species Act. The FWC has established Wildlife Lighting guidelines
for all those living near sea turtle nesting beaches, to minimize lighting impacts to sea turtles.
These FWC lighting guidelines are incorporated into the state of Florida Model Lighting
Ordinance, which is the basis for the draft Village of Tequesta Sea Turtle Protection Ordinance.
Sea Turtle Protection Ordinances
The state of Florida Model Lighting Ordinance for Sea Turtle Protection, effective January 2021,
provides guidelines for local government regulations that control artificial lighting to protect
sea turtles (Fla. Admin. Code Ann. R. 62B-55.004). The attached draft Village of Tequesta Sea
Turtle Ordinance incorporates the model standards and requirements. The Village's draft
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Agenda Item #2.
Ordinance also establishes a Sea Turtle Lighting R-3 District as the lighting within the entire R-3
district can potentially be seen from the beach.
Palm Beach County's Department of Environmental Resources Management (ERM) is
responsible for regulating beachfront lighting in the County, and its Sea Turtle Ordinance is
effective within the unincorporated and incorporated areas of the County except where
municipalities within its jurisdiction have their own equally or more stringent ordinance. The
attached draft Village of Tequesta Sea Turtle Protection Ordinance would meet that
requirement and the Village would not be subject to Palm Beach County's Sea Turtle
Protection Ordinance, however, the Village would continue to work in partnership with ERM to
ensure that sea turtles remain protected.
Enforcement of the Village's Sea Turtle Protection Ordinance
The Village hired a new code enforcement officer in April 2023, Patrick Madsen, who is also a
certified FWC Officer. The Village's draft Sea Turtle Protection Ordinance establishes a position
in code enforcement titled Beach Lighting Inspector for the purpose of enforcing the Village's
sea turtle provisions. The Building Dept. will be conducting an education campaign to ensure
that its sea turtle protection requirements are fully understood and are followed by all property
owners and associations within the Sea Turtle Lighting R-3 District.
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Agenda Item #2.
AN ORDINANCE OF THE VILLAGE OF TEQUESTA AMENDING VILLAGE CODE CHAPTER 10 PROVIDING FOR
AMENDMENTS TO ADOPT MODEL LIGHTING REQUIREMENTS; PROVIDING FOR REPEAL OF ORDINANCES. -
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF ORDINANCES; PROVIDING
FOR EFFECTIVE DATE.
CHAPTER 10
Section 10-61. BASIS OF ORDINANCE
Sec. 10-61.1. - Findings of Fact
Whereas, the Village of Tequesta recognizes that light pollution of beaches is a serious threat to sea turtles and
other species inhabiting its beaches; and
Whereas, the Village of Tequesta recognizes that nesting adult and hatchling sea turtles are negatively affected
by light pollution created by artificial light visible from any portion of the beach; and
Whereas, the Village of Tequesta recognizes that sea turtles are protected by federal and state law; and
Whereas, the Village of Tequesta recognizes that both its economy and the quality of life of its residents are
enriched by a healthy sea turtle population; and
Whereas, the Village of Tequesta desires to minimize the detrimental effect on nesting sea turtle populations,
and other listed sensitive wildlife by implementing a system of rules and regulations that reduces the amount of
artificial light intentionally or unintentionally visible from beaches;
NOW, THEREFORE, BE IT ORDAINED, BY THE VILLAGE OF TEQUESTA ON THIS DAY OF 2023.
Sec. 10-62. - Title of Ordinance
This ordinance shall be referred to as the Village of Tequesta Article III. Sea Turtle Protection Lighting Ordinance
for Sea Turtle Protection (hereinafter, "Ordinance").
Sec 10-63. - Ordinance Purpose and Objectives
The purpose of this Ordinance is to reduce the hazards impacting sea turtles from uncontrolled construction
activity, and to protect nesting and hatchling sea turtles on the beaches in the Village of Tequesta by ensuring
that their nesting habitat is not degraded by artificial light. The objective of the ordinance is for the appropriate
design and implementation of coastal lighting systems to ensure that light pollution does not interfere with sea
turtle nesting and hatching events while at the same time protecting public safety. In order to further the
objective of full implementation, this Ordinance also includes provisions designed to educate residents and
beach users in the Village of Tequesta on the benefits of appropriate coastal lighting and provides for regular
inspections to ensure compliance with the acceptable lighting standards.
Sec. 10-64. — Definitions
The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
1. Artificial Light: the light emanating from any human -made device.
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2. Beach: the zone of unconsolidated material that extends landward from the mean low waterline to the place
where there is marked change in material or physiographic form, or to the line of permanent vegetation.
3. Beach Access Point: any path through or over the dune used by the general public, or, with respect to private
property, by the owners or with the owner's permission for the purpose of gaining access to the beach.
4. Beachfront Lighting: all lighting within the Sea Turtle Lighting R-3 District.
5. Certified Wildlife Lighting; lighting fixtures and bulbs reviewed and approved with conditions of use through
the Florida Fish and Wildlife Conservation Commission's Wildlife Lighting Certification Process and published
at https:Hmyfwc.com/conservation/you-conserve/lighting/criteria/certified/.
6. Coastal Construction: the carrying out of any activity within the Sea Turtle Lighting R-3 District 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. Cumulatively Visible: light from numerous artificial light sources that as a group can be seen by an observer
standing anywhere on the beach.
8. Department of Environmental Resource Management (ERMI: the Palm Beach County department of
environmental resource management or applicable municipal entity.
9. Directly Visible: occurs when glowing elements, lamps, globes, or reflectors of an artificial light source can
be seen by an observer standing anywhere on the beach.
10. Dune: a mound or ridge of loose sediments, lying landward of the beach and deposited by any natural or
artificial mechanism.
11. Dune Profile: the cross -sectional configuration of the dune.
12. Foot -Candle: the English unit for measuring illuminance; the uniform illumination of a surface one foot away
from a point source of one candela; one lumen per square foot; equal to 10.76lux.
13. Frontal Dune: the first natural or man-made mound or bluff of sand which is located landward of the beach
and which has sufficient vegetation, height, continuity, and configuration to offer protective value.
14. Full Cutoff: a lighting fixture constructed in such a manner that no light emitted by the fixture, either directly
from the lamp or a diffusing element or indirectly by reflection or refraction from any part of the luminaire,
is projected at or above 90' as determined by photometric test or certified by the fixture manufacturer.
15. Fully Shielded: a lighting fixture constructed in such a manner that the glowing elements, lamps, globes, or
reflectors of the fixture are completely covered by an opaque material to prevent them from being directly
visible from the beach. Any structural part of the light fixture providing this shielding must be permanently
affixed.
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16. Ground -level Barrier: any natural or artificial structure rising above the ground, which prevents beachfront
lighting from shining directly onto the beach -dune system.
17. Hatchling: any specimen of sea turtle, within or outside of a nest, which has recently hatched from an egg.
18. Indirectly Visible: light reflected from glowing elements, lamps, globes, or reflectors of an artificial light
source that can be seen by an observer standing anywhere on the beach without the light source being
directly visible.
19. Lone Wavelength: a lamp or light source emitting light wavelengths of 560 nanometers or greater and absent
wavelengths below 560 nanometers.
20. Nest: 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.
21. Nighttime: the locally effective time period between sunset and sunrise.
22. Non -egress Lighting: exterior lighting that is not being used to light a distinct route or meet minimum
requirements for emergency access to or from a building, including but not limited to decorative lights (e.g.
strobe lights, string lights, etc.), balcony lights, landscape lights, and uplights.
23. Outdoor Area: any portion of a property that could have an artificial light source not attached to
permanent structure, including but not limited to pathway lighting, landscape lighting, pool lighting, etc.
24. Permitted Agent of the State: any qualified individual, group or organization possessing a permit from the
state department of environmental protection to conduct activities related to sea turtle protection and
conservation.
25. Person: 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.
26. Sea Turtle Lighting R-3 District: all properties within the Village of Tequesta that may produce artificial light
directly, indirectly, or cumulatively visible from any portion of the beach regardless of whether those
properties are beachfront properties.
27. Sea Turtle: any turtle, including all life stages from egg to adult, of these species: Green (Chelonia mydas),
Leatherback (Dermochelys coriacea), Loggerhead (Caretta caretta), Hawksbill (Eretmochelys imbricata), and
Kemp's ridley (Lepidochelys kempii). For the purposes of this ordinance, the term sea turtle is synonymous
with marine turtle.
28. Sea Turtle Nesting Habitat: all sandy beaches adjoining the waters of the Atlantic Ocean, the Gulf of Mexico,
and the Straits of Florida in all coastal counties and all inlet shorelines of those beaches. Nesting habitat
includes all sandy beach and unvegetated or sparsely vegetated dunes immediately adjacent to the sandy
beach and accessible to nesting female turtles.
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29. STPP: means sea turtle protection plan.
30. Temporary Lighting: any non -permanent light source that may be hand-held or portable including but not
limited to tiki torches, lanterns, flashlights (including cell phone flashlights), candles, flash photography, etc.
31. Tinted glass: glass treated to achieve an industry -approved, inside -to -outside light transmittance value of
45% or less and limited to the visible spectrum.
SECTION 10-65 - SEA TURTLE LIGHTING R-3 DISTRICT
Sec. 10-65. - Applicability
1. The Sea Turtle Lighting R-3 District shall include all properties within the Village of Tequesta that may produce
artificial light directly, indirectly, or cumulatively visible from any portion of the beach, regardless of whether
those properties are beachfront properties.
2. The provisions of this Ordinance apply to new and existing artificial lighting visible from the beach from all
buildings and related infrastructure, including streetscapes, parking lots, outdoor areas, landscaping, as well
as public parks and recreational areas and all other activities within the Sea Turtle Lighting R-3 District.
3. The provisions of this Ordinance are not intended to prevent the use of any design, materials or method of
installation or operation not specifically prescribed herein, provided any such alternate has been approved.
The Village of Tequesta may approve any such proposed alternate provided it:
a. Provides at least approximate equivalence to the applicable specific requirements of this Ordinance, and;
b. Is otherwise satisfactory or complies with the intent of this Ordinance, and;
c. Has been designed or approved by a registered lighting or electrical engineer and is supported by
calculations showing that the design submitted meets that intent of the Ordinance. This sub -section shall
not have the effect of waiving the lumen caps specified in this Ordinance.
d. Has been determined to meet requirements for Certified Wildlife Lighting and/or lights that meet FWC's
Wildlife Lighting Guidelines, including long wavelength light sources (without the use of filters), full cut-
off, and fully shielded fixtures.
4. Any person substantially aggrieved by any decision of the Beach Lighting Inspector or the Building Official
made in administration of this Ordinance has the right and responsibilities of appeal to the Village Council.
Sec. 10-66. - Annual Public Notice
At least thirty days prior to the commencement of every sea turtle nesting season, the Village of Tequesta shall
provide notice to affected persons within the Sea Turtle Lighting R-3 District of the provisions contained in this
Ordinance.
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SECTION 10-67. - LIGHTING PROVISIONS
Sec. 10-67.1. - General
1. The following standards for artificial light sources are intended to help minimize harmful effects of light
pollution in sea turtle nesting areas. The use of Certified Wildlife Lighting will provide the highest level of
protection for nesting sea turtles and their hatchlings. Certified Wildlife Lighting refers to lighting fixtures and
bulbs reviewed and approved through the Florida Fish and Wildlife Conservation Commission's Wildlife
Lighting Certification Process and published at https://myfwc.com/conservation/you-
conserve/lighting/criteria/certified/. Certified Wildlife Lighting and/or lights that meet FWC's Wildlife
Lighting Guidelines, must be installed and maintained according to the approved conditions of use to achieve
the light pollution reduction objectives of this Ordinance.
2. New construction refers to all new construction of or additions and alterations to buildings, pools, pavement,
other structures, landscape areas or lighting systems, including the change or resumptionof land use. The
most protective lighting standards apply to new construction visible from the beach.
Existing artificial lighting refers to lighting fixtures, sources and systems operating prior to the effective date of
this ordinance. Existing lights and light sources that are visible from the beach shall be replaced or modified to
conform to standards given in Section 10-67.1(1.) above. In order to bring existing lighting systems into future
compliance with this Ordinance, standards for new coastal construction shall be applied when permits are
sought for new structures or the alteration, movement, enlargement, replacement or installation of new
lighting systems.
Sec. 10-67.2. Standards for existing beachfront lighting.
1. Adjustment to essential lighting. Existing artificial light sources shall be repositioned, modified or replaced
with modern alternatives so that the source of light is not directly visible from the beach and/or does not
directly illuminate areas seaward of the dune. Techniques and/or materials used shall be consistent with
Section 10-67.1(1.) above.
2. Reduction of indirect lighting on 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 other 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 R-3 District. Blackout draperies or
shade screens 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 nesting season. Continuously throughout each nesting season (March 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.
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6. Enforcement and implementation of mitigative measures. In areas where compliance with the lighting
conditions of this article are not evidenced, noncompliant 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 the
lighting conditions of this article shall remain in effect until such time that acceptable beachfront lighting is
achieved.
Sec. 10-67.3. Exterior and Interior Lighting Affixed to New Structures, New Construction and Improvements
to Existing Structures
1. All lighting affixed to the exterior of new permanent structures, construction or additions shall be long
wavelength, downward directed, full cutoff, fully shielded and mounted as close to the ground or finished
floor surface as possible to achieve the required foot-candles.
2. As an exception to the above, non -egress lighting may be affixed to the landward exterior of permanent
structures provided that the fixtures are fitted with a long wavelength source and are not directly, indirectly,
or cumulatively visible from any portion of the beach.
3. Lighting at egress points shall be limited to the minimum number of fixtures and foot-candles necessary to
meet federal, state, and local safety requirements.
4. Locations including but not limited to stairwells, elevators, parking garages, or courtyards shall not produce
light that is directly, indirectly, or cumulatively visible from any portion of the beach. Light screens, shades or
curtains shall be used to block visibility of interior lights from the beach. Light screens shall be used on open
or enclosed staircases on the seaward or shore -perpendicular side of a building or for parking garages to limit
visibility of lights from the nesting beach.
5. All glass windows, walls, railings and doors on the seaward and shore -perpendicular sides of any new
construction shall use tinted glass with an inside to outside light transmittance value of 45 percent or less.
6. Emergency lights are not subject to the above standards if on a separate circuit and activated only during
power outages or other situations in which emergency lighting is necessary for public safety.
Sec. 10-67.4. - Outdoor Areas
All lighting of outdoor areas shall be long wavelength, downward directed, full cutoff, fully shielded and
mounted as close to the ground or finished floor surface as possible to achieve the required foot-candles.
2. Lighting of paths, walks and routes of building access shall use low level fixtures such as step, paver, path,
recessed wall or bollard lights. Bollard lights are not to exceed 42 inches in height and other low-level fixtures
areto meetthe height requirementsof FWC's Wildlife Lighting Guidelines. Fixturesshall be downward directed
and utilize long wavelength lamps and beachside shields.
3. As an exception to Section 10-67.4.(2.) above, non -egress outdoor lighting may be installed landward of
buildings or other opaque structures provided that they are fitted with long wavelength light sources and are
not directly, indirectly, or cumulatively visible from any portion of the beach.
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4. Internally or externally lighted signs shall not be located on the seaward and shore -perpendicular sides of any
structures, and shall not produce light that is directly, indirectly, or cumulatively visible from any portion of
the beach.
5. Ponds and fountains on the seaward and shore -perpendicular sides of any structures shall not produce light
that is directly, indirectly, or cumulatively visible from any portion of the beach.
6. Fire pits located on the seaward and shore -perpendicular sides of any structure shall be shielded with an
opaque structure or partition, and positioned such that the flame is not directly, indirectly, or cumulatively
visible from any portion of the beach. Bonfires and bonfire pits are prohibited within sea turtle nesting habitat
during sea turtle nesting season. Campfires shall be prohibited on or seaward of the dune during sea turtle
nesting season.
7. Televisions or other illuminated screens shall be located landward of the dune and shall be shielded or
positioned such that they are not directly, indirectly, or cumulatively visible from the beach.
Sec. 10-67.5. - Parking Areas and Roadways
1. All lighting of parking areas and roadways shall be long wavelength, downward directed, full cutoff, fully
shielded, and mounted to the minimum level required to maintain compliance with federal, state and local
law.
2. Parking area and roadway lighting shall be shielded from the beach via vegetation, natural features, or
artificial structures rising from the ground. These shall prevent artificial light sources, including but not limited
to vehicular headlights, from producing light that is directly, indirectly, or cumulatively visible from any portion
of the beach.
3. Lighting of roadways and parking areas shall produce no more lighting than the minimum requirement as
outlined by federal, state and local law.
4. Lighting of parking areas and roadways shall consist of either:
a. Ground -level downward -directed fixtures, equipped with interior dark -colored, non -reflective baffles or
louvers, mounted either with a wall mount, on walls or piles, facing away from the beach, or
U. Bollard -type fixtures, which do not extend more than 42 inches above the adjacent floor or deck,
measured from the bottom of fixture, equipped with downward -directed louvers that completely hide
the light source, and externally shielded on the side facing the beach, or
c. Pole -Mounted Lights, if required, shall adhere to the restrictions located in Section 10-67.5(5.) below.
5. Pole -mounted lights shall only be used in parking areas and roadways when mounting the lights at lower
elevations cannot practicably comply with minimum light levels set forth in applicable federal and state laws
designed to protect public safety. If required, pole -mounted lights shall be:
a. Located on the landward sides of buildings and shall not produce light that is directly, indirectly, or
cumulatively visible from any portion of the beach,
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b. Mounted at the minimum height required to meet the minimum light level requirement, and
c. Downward directed onto non -reflective surfaces.
6. Equipment yards, storage yards, and temporary security lights shall also adhere to the lighting restrictions
contained in this Section.
Sec. 10-67.6. - Pool Areas
1. Lighting of pool decks, pool facilities, swimming pools, and spas shall be long wavelength and fully shielded.
2. Lighting of the pool water surfaces and the pool wet deck surfaces shall comply with the minimum light levels
set forth in applicable federal and state laws designed to protect public safety.
3. Above -water lighting of pool decks, pool facilities, swimming pools, and spas shall otherwise adhere to the
applicable requirements for acceptable light fixtures contained in Section 1 and Section 2 of this Section.
4. Underwater lighting of pools or spa light shall:
a. Be mounted horizontally in the wall;
b. Not produce light that is directly, indirectly, or cumulatively visible from any portion of the beach, and
c. Shall comply with minimum light levels set forth in applicable federal and state laws designed to protect
public safety.
Sec. 10-67.7. - Beach Access Points and Dune Walkovers
1. Lighting of beach access points shall be located and configured to only illuminate areas landward of the beach
and frontal dune. All lighting of beach access points shall be long wavelength, downward directed, full cutoff
and fully shielded and shall not be directly, indirectly, or cumulatively visible from the beach.
2. Lights are allowable on dune walkovers or elevated boardwalks only as required for building code purposes
and may only be installed landward of the frontal dune. Walkover lighting shall not be directly, indirectly or
cumulatively visible from the beach.
Sec. 10-67.8. - Existing Exterior and Interior Lighting
1. Reduce or eliminate the negative effects of existing exterior artificial lighting through the following measures:
a. Reposition, modify or remove existing lighting fixtures so that the point source of light or any reflective
surface of the light fixture is no longer directly, indirectly or cumulatively visible from the beach;
b. Replace fixtures having an exposed light source with fully shielded fixtures,-
c. Replace any light source, light bulb or lamp that is not long wavelength (e.g. incandescent, fluorescent,
or high intensity lighting) with the lowest wattage long wavelength (e.g. LED or low pressure sodium)
light source or lamp available for the specific application;
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d. Replace non -directional fixtures with directional fixtures that point down and away from the beach;
e. Provide shields for fixtures visible from the beach and not practical to immediately be replaced. Beachside
shields are to cover 270 degrees and extend below the bottom edge of the fixture on the seaward side so
that the light source or any reflective surface of the light fixture is not visible from the beach;
f. Replace pole lamps with low -profile, low-level luminaries so that the light source or any reflective surface
of the light fixture is not visible from the beach;
g. Plant or improve vegetation buffers between the light source and the beach to screen light from the beach;
h. Construct a ground level barrier landward of the beach and frontal dune to shield lightsources from the
beach. Ground -level barriers are to be considered a last resort when no other remediation of the light
source is feasible. Ground level barriers may be subject to state coastal construction control line
regulations under section 161.053, Florida Statutes, and must not interfere with sea turtle nesting or
hatchling emergence, or cause short- or long- term damage to the beach and dune system;
i. Permanently remove or permanently disable any fixture, which cannot be brought into compliance
with the provisions of these standards.
2. Take one or more of the following measures to minimize interior light emanating from doors and windows
within line -of -sight of the beach:
a. Apply window tint or film that meets the light transmittance standards for tinted glass;
b. Rearrange lamps and other moveable fixtures away from windows;
c. Use opaque shades or room darkening window treatments (e.g., blinds, curtains, screens) to shield
interior lights from the beach.
Sec. 10-68. - Special Events, Motor Vehicles, and Temporary Lighting
1. Lighting associated with a special event that may directly, indirectly, or cumulatively be visible from any
portion of the beach shall not be authorized at nighttime during sea turtle nesting season.
2. The operation of all motorized vehicles, except emergency and law enforcement vehicles or those permitted
on the beach for sea turtle conservation in accordance with Florida Statute 379.2431 (1), or other research
and conservation, shall be prohibited on the beach at nighttime during sea turtle nesting season.
3. Horseback riding shall be prohibited on the beach at nighttime during sea turtle nesting season.
4. Within sea turtle nesting season, temporary work zone lighting for roadway construction and during declared
emergencies shall be directed away from the beach to avoid illumination of or direct visibility from the beach.
Work zone luminaires shall be shielded to avoid lighting areas outside of the immediate construction area.
5. All other temporary construction lighting shall be:
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a. Inclusive of all the standards of this Section, including using fixtures that are long wavelength, downward
directed, full cutoff, and fully shielded so light is not directly or indirectly visible from the beach, and
b. Turned off during nighttime in sea turtle nesting season, or if authorized by the Beach Lighting Inspector
during sea turtle nesting season, shall only be allowed from 6:00am to 9:00pm, must be restricted to the
minimal amount necessary, and shall incorporate all the standards of this Section, and
c. Mounted less than eight feet above the adjacent floor or deck, measured from the bottom of fixture, and
d. Restricted to the minimal number of foot-candles necessary to conform to the applicable construction
safety regulations.
6. Handheld and other portable temporary lighting shall not be directed toward or used in a manner that
disturbs sea turtles or other coastal wildlife.
SECTION 10-69. — SEA TURTLE PROTECTION PLAN
Sec. 10-69.1. — Sea Turtle Protection Lighting Plan Required
1. A sea turtle protection plan (STPP) shall be required for all new building construction, new glass window
and/or glass door replacement and, new artificial lighting proposed within the Sea Turtle Lighting R-3
district and shall be submitted to ERM.
2. The STPP shall be approved by ERM prior to the issuance of a Certificate of Occupancy by the building
official.
3. Applications shall be made on a form approved by ERM. ERM may make use of forms already in use by the
State of Florida and/or Federal agencies.
4. ERM may attach conditions to any STPP approval where such conditions are deemed reasonably necessary
to protect sea turtles.
5. Any application received that is substantially the same as a previous application that has been denied by
ERM shall also be denied without further processing.
6. Any site or Property Owner that is subject to or recipient of a notice of violation or noticeof noncompliance
that remains unresolved shall not be issued an ERM STPP approval.
7. STPP approval shall not be issued until any and all information necessary to fully understand the extent,
nature, and potential impacts of a proposed lighting plan are received by ERM. Such information may
include, but is not limited to:
a. A completed application form;
b. An explanation of the necessity and purpose of the proposed lighting;
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c. Photographs of existing conditions which may include aerial photographs;
d. Plans showing profile and plan views depicting all light fixture locations, the elevations of proposed and
existing structures, proposed and existing vegetation, beach/dune profiles, and pertinent topographic
information; and,
e. Electrical, building, and landscape plans shall be submitted illustrating all exterior lights and windows
within jurisdictional boundaries. Light and window tinting information shall include:
i. The location, number, wattage, elevation, orientation, light fixture cut sheets,
photometric illustrations, and all type(s) of proposed artificial light sources.
ii. Protective/mitigative measures to minimize lighting impacts on sea turtles, including
measuresto prevent direct and indirect illumination that is visible from the beach.
iii. Window tinting specifications for all windows and doors within line of sight of the beach
including percentage of visible light transmittance (see definition of tinted glass).
8. When an application is made for a STPP approval in common areas of a multi -family residential site in the
Sea Turtle Lighting R-3 district (i.e., condominiums, apartments, townhouses, villas, etc.), the
representative association, or all ofthe homeowners as a group, shall be the Applicant. ERM shall not
process an application made by one unit owner in a multi -family setting where the work is proposed on
lands designated as, or can reasonably be considered to be, common areas.
9. Upon receipt of an application and appropriate application fee, ERM shall have 30 days to request any
additional information. Within thirty (30) days of receipt of such additional information, ERM may request
only that information needed to clarify such additional information or to answer new questions raised by,
or directly related to, such additional information.
10. If ERM does not make a request for additional information within 30 days of receipt of an application or
requested information, the application shall be deemed complete upon receipt.
11. If an Applicant fails to respond to an ERM request for an application fee, or any additional information,
within sixty (60) days, the application may be denied without prejudice. However, ERM may grant an
extension of time as is reasonable necessary to fulfill the request for additional information.
12. Upon receipt of a completed application and fee, ERM shall have 90 days to take final action unless the
Applicant agrees in writing to a time extension or waiver of this requirement. Final agencyaction shall
be approval of a STPP, denial of a STPP, or conditional approval of STPP. Failure by ERM to take final
action within 90 days shall result in the authorization of the proposed work with standard limiting
conditions.
13. Any application containing false information may be denied, and any STPP approval granted based
upon false information may be revoked.
14. ERM STPP approvals may be issued with a duration period that is reasonably necessary tocomplete the
11
Page 21 of 99
Agenda Item #2.
project not to exceed five years.
15. Any substantial modification to a complete application, or a STPP approval, shall require an amended
application form and an additional application fee and shall restart all time periods of this Section.
SECTION 10-69.2. - INSPECTION REQUIRED
Prior to the issuance of a Certificate of Occupancy (CO) by the building official, each facility shall be inspected
for compliance as follows:
1. Upon completion of the construction activities, a State of Florida registered architect, landscape architect,
environmental professional, or professional engineer shall conduct a site inspection which includes a night
survey with all the beachfront lighting turned on to the highest illumination levels.
2. The inspector shall prepare and report the inspection finding in writing to ERM, identifying:
a. The date and time of initial inspection;
b. The extent of compliance with this Chapter and the approved STPP;
c. All areas of potential and observed noncompliance with this Chapter;
d. Any action(s) taken to remedy observed noncompliance and date remedy will be implemented, if
applicable; and,
e. The dates) and time(s) of remedial inspection(s), if applicable.
3. The inspector shall sign and seal the inspection report which includes a certification that:
a. The beachfront lighting has been constructed in accordance with this Chapter;
b. The inspector observed the project area at night with all lights operating;
c. The beachfront lighting does not cause direct or indirect illumination that is visible from the beach at
the time of the night inspection; and,
d. The beachfront light sources within the jurisdictional boundaries are not directly or indirectly visible
from the beach at the time of the night inspection.
SECTION 10-70. - COMPLIANCE AND ENFORCEMENT PROCEDURES
Sec. 10-70.1. - Beach Lighting Inspector
1. A position, known as the Village of Tequesta Beach Lighting Inspector is hereby established.
2. It shall be the duty of the Village Manager to appoint the Beach Lighting Inspector. The Beach Lighting
Inspector shall have the necessary training, technical knowledge, and resources to enable them to effectively
carry out the duties of this office. The Beach Lighting Inspector may access resources provided by other local,
12
Page 22 of 99
Agenda Item #2.
state or federal agencies such as the Sample Beach Lighting Survey Worksheet, training, and other information
available from the Florida Fish and Wildlife Conservation Commission.
3. The Beach Lighting Inspector shall be responsible for:
a. Inspecting the entire beach within the Sea Turtle Lighting R-3 District regularly during sea turtle nesting
season to determine the extent of compliance with this Ordinance.
b. In the event of the finding of a violation at a particular public or private property, conducting further
inspections at the property at any time beginning on the night after the deadline date given on the written
notice of violation. These follow-up inspections shall continue until the lighting has been brought into
compliance with this Ordinance.
c. Beach Lighting Inspector responsibilities may also include preparation of reports, issuance of non-
compliance notices, outreach and education, supporting administrative actions before a special
magistrate, or attending building permit pre -application and pre -construction conferences.
4. It shall be unlawful for any person to interfere with, or in any manner hinder the Beach Lighting Inspector, or
any of their assistants, while in the discharge of their duties under the terms of this Ordinance.
5. It shall be unlawful for any person to knowingly conceal or disable any lighting on a property before it has
been inspected by the Beach Lighting Inspector.
Sec. 10-70.2. - Notice of Violation
1. Upon finding any violation of this Ordinance, the Beach Lighting Inspector shall deliver a written notice of the
violation of this Ordinance to the property owner and direct said owner to promptly remove or remediate
lighting not in compliance with this Ordinance.
2. The time allowed for making the repairs shall be stated in the notice and should the responsible party neglect
or refuse to remove or remediate non-compliance within the specified time stated in the notice, the party so
offending shall commit a violation of this Ordinance and be penalized as provided in Subsection -4.3 of this
Ordinance.
Sec. 10-70.3. — Special Magistrate
1. Consistent with law and this article, the code enforcement special magistrate shall have jurisdiction to
enforce this article within the Village of Tequesta corporate limits.
Sec. 10-70.4. - Sea Turtle Fund
1. A Sea Turtle Fund is hereby established within the Village of Tequesta.
2. All funds collected as a result of the issuance of fines under Section 3 of this Part shall be deposited in the Sea
Turtle Fund. The funds in this account shall be used for:
a. Assistance to property owners for the procurement of light systems equipment and materials that comply
with this Ordinance and reduce the amount of artificial beach lighting,
13
Page 23 of 99
Agenda Item #2.
b. Educational materials to inform the general public on the threats of artificial lighting to sea turtles,
including but not limited to signs, door knockers, pamphlets, stickers, public service announcements, and
other awareness campaigns, and
c. Equipment, materials and other resources supporting compliance assistance and enforcement by the
Beach Lighting Inspector.
d. Other reasonable efforts to protect the sea turtle population within the Village ofTequesta including, but
not limited to, research and conservation projects.
3. The Village of Tequesta may contribute funding from other sources into the Sea Turtle Fund for uses
consistent with the purposes set forth above.
14
Page 24 of 99
Agenda Item #2.
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