HomeMy WebLinkAboutDocumentation_Local Planning Agency_Tab 02_6/15/2023Agenda Item #2.
Local Planning Agency
STAFF MEMO
Meeting: Local Planning Agency - Jun 15 2023
Staff Contact: Lance Lilly, Senior Planner Department: Community Development
ORDINANCE NO. 04-23: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 10.
ANIMALS., ARTICLE III. SEA TURTLE PROTECTION., BY REPEALING THIS ARTICLE IN ITS
ENTIRETY AND ADOPTING A NEW ARTICLE III. SEA TURTLE PROTECTION. WITH FINDINGS OF
FACT, DEFINITIONS, REGULATIONS, AND ENFORCEMENT PROVISIONS THAT ARE
CONSISTENT WITH THE STATE OF FLORIDA MODEL SEA TURTLE PROTECTION ORDINANCE
AND THE PALM BEACH COUNTY SEA TURTLE PROTECTION ORDINANCE; PROVIDING THAT
EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 10. ANIMALS. SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE, SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
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-
0443.
PROJECT NAME: BUDGET: N/A ENCUMBERED: N/A
Proposed:
N/A
Projected Remaining:
N/A
Village of Tequesta Draft Sea Turtle Protection Ordinance 5.4.2023 KWD Clean
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ORDINANCE NO. 04-23
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 10. ANIMALS., ARTICLE III. SEA
TURTLE PROTECTION., BY REPEALING THIS ARTICLE IN ITS
ENTIRETY AND ADOPTING A NEW ARTICLE III. SEA TURTLE
PROTECTION. WITH FINDINGS OF FACT, DEFINITIONS,
REGULATIONS, AND ENFORCEMENT PROVISIONS THAT ARE
CONSISTENT WITH THE STATE OF FLORIDA MODEL SEA TURTLE
PROTECTION ORDINANCE AND THE PALM BEACH COUNTY SEA
TURTLE PROTECTION ORDINANCE; PROVIDING THAT EACH AND
EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 10.
ANIMALS. SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE,
SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Village of Tequesta Code of Ordinances contains outdated
regulations regarding sea turtle protection; and
WHEREAS, the Village Council of the Village of Tequesta, having received the
request of Palm Beach County and the recommendation of Village staff, now desires to
update the Village's sea turtle protection ordinance consistent with the State of Florida
model sea turtle protection ordinance and the Palm Beach County sea turtle protection
ordinance; and
WHEREAS, the Village Council has determined that the code revisions
contained in this ordinance will be in the best interests of the citizens of the Village of
Tequesta, and will promote the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA AS FOLLOWS:
Section 1: Chapter 10. Animals. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article III. Sea Turtle Protection. By repealing this
article in its entirety and adopting a new Article III. Sea Turtle Protection. with findings of
fact, definitions, regulations, and enforcement provisions that are consistent with the
State of Florida model sea turtle protection ordinance and the Palm Beach County sea
turtle protection ordinance; providing that Chapter 10, Article III. Sea Turtle Protection.
shall hereafter read as follows:
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CHAPTER 10. ANIMALS
ARTICLE III. Sea Turtle Protection
Sec. 10-61. — Title.
This Article may be referred to as the Village of Teauesta Sea Turtle Protection
Ordinance.
Section 10-62. - Findings of fact.
La The Village of Teauesta recognizes that light pollution from artificial sources onto
adjacent beaches can be a serious threat to sea turtles and other species
inhabiting its beaches.
Lb The Village of Teauesta further recognizes that nesting adult sea turtles, and
hatchlina sea turtles which rely on natural lighting can be negatively affected and
confused by light pollution from artificial sources adjacent to the beach.
(c) The Village of Teauesta further recognizes that sea turtles are protected by
federal and state law.
d) The Village of Teauesta recognizes that both its economy and the quality of life
of its residents are enriched by a healthy sea turtle population.
(e) The Village of Teauesta desires to help protect nesting sea turtles. and other
sensitive wildlife by implementing a system of rules and regulations as set forth in
this Article.
Sec 10-63. - Purpose and objectives.
The purpose of this Article is to reduce the hazards impactina sea turtles from
uncontrolled construction activity, and to protect nesting and hatchlina sea turtles on the
beaches in the Village of Teauesta by ensuring that their nesting habitat is not degraded
by artificial light. The objective of the Article 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 Article also
includes provisions designed to educate residents and beach users in the Village of
Teauesta on the benefits of appropriate coastal lighting and provides for regular
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inspections to ensure compliance with the acceptable lighting standards.
SECTION 10-64. —Applicability.
Ua The Sea Turtle Lighting R-3 District shall include all properties within the Villaae of
Teauesta that may produce artificial light directly, indirectly. or cumulatively visible
from any portion of the beach, regardless of whether those properties are
beachfront properties.
Ub The provisions of this Article apply to new and existing artificial lighting visible
from the beach emanatina from all buildinas and related infrastructure. includin
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.
Uc The provisions of this Article 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 by the Building Official.
The
Building Official may approve any such proposed alternate provided it:
1.
Provides at least approximate equivalence to the applicable specific
2.
requirements of this Article. and:
Is otherwise satisfactory or complies with the intent of this Article. and:
3.
Has been designed or approved by a registered lighting or electrical engineer
and is supported by calculations showing that the design submitted meets the
intent of the Article without waiving the lumen caps specified in this Article:
4.
and.
Has been determined to meet requirements for Certified Wildlife Liahtina
and/or lights that meet FWC's Wildlife Lighting Guidelines. including
Iona
wavelength light sources without the use of filters), full cut- off, and
fully
dM Anv
shielded fixtures.
person substantially aggrieved by any decision of the Beach Liahtina
Inspector or the Building Official made in administration of this Article may appeal
such decision to the Village Council. -Any such appeal must be made in writing to
the Building Official no later than 30 days from the date of the decision being
appealed.
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Sec. 10-64. — Definitions.
The following words, terms and phrases, when used in this Article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning,
Artificial Light means the light emanating from any human -made device.
Beach means the zone of unconsolidated material that extends landward from the mean
low water line to the place where there is marked change in material or physioaraphic
form, or to the line of permanent vegetation.
Beach Access Point means 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.
Beachfront Lighting means all lighting within the Sea Turtle Lighting R-3 District.
Certified Wildlife Lighting means 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://myfwc.com/conservation/you- conserve/liahtina/criteria/certified/.
Coastal Construction means the carrying out of any activity within the Sea Turtle
Liahtina 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.
Cumulatively Visible means light from numerous artificial light sources that as a group
can be seen by an observer standing anywhere on the beach.
Department of Environmental Resource Management (ERM) means the Palm
Beach County department of environmental resource management or applicable
municipal entity.
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.
Dune means a mound or ridge of loose sediments, lying landward of the beach and
deposited by any natural or artificial mechanism.
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Dune Profile means the cross -sectional configuration of the dune.
Foot -Candle means 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 10.76 lux.
Frontal Dune means 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.
Full Cutoff means 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 indirectlyby reflection
or refraction from any part of the luminaire, is projected at or above 900 as determined
by photometric test or certified by the fixture manufacturer.
Fully Shielded means a lighting fixture constructed in such a manner that the la owing
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.
Ground -level Barrier means any natural or artificial structure rising above the around.
which prevents beachfront lighting from shining directly onto the beach -dunes stem.
Hatchlina means any specimen of sea turtle, within or outside of a nest. which has
recently hatched from an eaa.
Indirectly Visible means 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.
Long Wavelength means a lamp or light source emitting light wavelengths of 560
nanometers or greater and absent wavelengths below 560 nanometers.
Nest means 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.
Nighttime: the locally effective time period between sunset and sunrise.
Non -egress Liahtina means 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 up lights.
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Outdoor Area means any portion of a property that could have an artificial light source
not attached to a permanent structure, including but not limited to pathway lighting,
landscape lighting, pool lighting. etc.
Permitted Agent of the State means 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.
Person means 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.
Sea Turtle Lighting R-3 District means all properties within the Village of Teguesta that
may produce artificial light directly, indirectly, or cumulatively visible from any portion of
the beach regardless of whether those properties are beachfront properties.
Sea Turtle means any turtle, including all life stages from egg to adult, of these species:
Green (Chelonia mvdas). Leatherback (Dermochelvs coriacea). Loggerhead (Caretta
caretta). Hawksbill (Eretmochelvs imbricata). and Kemp's ridlev (Lepidochelvs kempii).
For the purposes of this Article, the term sea turtle is synonymous with marine turtle.
Sea Turtle Nesting Habitat means 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.
STPP means the sea turtle protection plan.
Temporary Lighting means 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.
Tinted glass means glass treated to achieve an industry -approved, inside -to -outside
liaht transmittance value of 45% or less and limited to the visible spectrum.
Sec. 10-66. -Annual public notice.
At least thirty) s prior to the commencement of every sea turtle nesting
season. the Village of Teguesta shall provide notice to affected persons within the Sea
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Turtle Lighting R-3 District of the provisions contained in this Article.
Sec. 10-67. — Liahtina
Ua 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/vou-conserve/liahtina/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
Article.
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 resumption of land use. The most protective
lighting standards apply to new construction visible from the beach.
3. Existing artificial lighting refers to lighting fixtures, sources and s sty ems
operatina prior to the effective date of this Article. Existina liahts and liaht
sources that are visible from the beach shall be replaced or modified to
conform to standards given in section 10-67(a)1. above. In order to bring
existing lighting systems into future compliance with this Article, standards for
new coastal construction shall be applied when permits are issued for new
structures or the alteration, movement, enlargement, replacement or
installation of new lighting systems on existing structures.
(b) Standards for existing beachfront liahtina.
1. Adjustment to essential lighting. As required by Sec. 10-67(a)3. above.
existing artificial light sources shall be repositioned, modified or replaced with
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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 Sec. 10-67(a)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 as required by Sec. 10-67(a)3. above.
4. Use of window treatments. As required by Sec. 10-67(a)3. above, and to
prevent interior lights from illuminating the beach, window treatment shall be
required on all windows of single- and multi -story structures within the Sea
Turtle Lighting 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. Effective immediately.
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.
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 Official, to
mitigate against potential negative impacts to sea turtles. Mitigative measures
shall be implemented, and applicable penalties and fines may be assessed.
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.
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c) 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 Iona wavelength, downward directed, full cutoff. fully
shielded and mounted as close to the around 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 Iona 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 aaraaes. 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 orless.
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 publicsafety.
d) Outdoor areas.
1. All lighting of outdoor areas shall be Iona wavelength, downward directed.
fully cutoff, fully shielded and mounted as close to the around 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
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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 are to meet
the height requirements of FWC's Wildlife Lighting Guidelines. Fixtures shall
be downward directed and utilize Iona wavelength lamps and beachside
shields.
3. As an exception to section 10-67(c)1. above, non -egress outdoor lighting may
be installed landward of buildings or other opaque structures provided that
they are fitted with Iona wavelength light sources and are not directly.
indirectly, or cumulatively visible from any portion of the beach.
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.
(e) Parking areas and roadways.
1. All lighting of parking areas and roadways shall be Iona wavelength
downward directed, fully 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 around.
These shall prevent artificial light sources, including but not limited to vehicular
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headlights, from producing light that is directly, indirectly, or cumulativel viy sible
from any portion of the beach.
3. The lighting of roadways and parking areas shall produce no more liahtina
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, facina away from the beach, or
b. 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(e)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.
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.
fl Pool areas.
1. Lighting of pool decks, pool facilities, swimming pools, and spas shall be Iona
wavelength and fullvshielded.
2. The 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,
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3. Above -water lighting of pool decks, pool facilities, swimmin 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: and
b. Not produce light that is directly, indirectly, or cumulatively visible from any
portion of the beachand
c. Shall comply with minimum light levels set forth in applicable federal and
state laws designed to protect public safety.
a) 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 Iona wavelength, downward directed, fully 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.
(h) Existing exterior and interior lighting,
1. As required by Sec. 10-67(a)3. above, the following measures shall be
implemented in order to reduce or eliminate the negative effects of existing
exterior artificial liahtina:
a. Reposition, modify or remove existing liahtina 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 Iona wavelength
(e.g. incandescent, fluorescent, or high intensity lighting) with the lowest
wattage Iona wavelength (e.g. LED or low pressure sodium) light source
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or lamp available for the specific application:
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:
� Plant or improve vegetation buffers between the light source and the beach
to screen light from the beach:
h. Construct a around level barrier landward of the beach and frontal dune to
shield light sources 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 pursuant to Sec. 161.053, Florida
Statutes, and must not interfere with sea turtle nesting or hatchling
emergence, or cause short- or Iona- 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. As required by Sec. 10-67(a)3. above, one or more of the following measures
should be taken 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.
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Sec. 10-68. - Soecial events. motor vehicles. and temoorary liahtin
Ua 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.
Ub 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 Sec. 379.2431 (l1. Florida Statutes, or other research and
conservation, shall be prohibited on the beach at nighttime during sea turtle
nesting season.
Uc Horseback riding shall be prohibited on the beach at nighttime during sea turtle
nesting season.
dM Within sea turtle nesting season, temporary work zone lightinq 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.
Ue All other temporary construction lighting shall be:
1. Inclusive of all the standards of this section, including using fixtures that are
Iona wavelength, downward directed, full cutoff, and fully shielded so light is
not directly or indirectly visible from the beach, and
2. 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 6:00 am to 9:00 pm, must be restricted to the minimal amount
necessary. and shall incorporate all the standards of this section, and
3. Mounted less than eight feet above the adjacent floor or deck, measured from
the bottom of fixture, and
4. Restricted to the minimal number of foot-candles necessary to conform to the
applicable construction safety regulations.
ff Handheld and other portable temporary lighting shall not be directed toward or
used in a manner that disturbs sea turtles or other coastal wildlife.
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Sec. 10-69. — Sea turtle protection plan.
Ua 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 on existing
buildings, and new artificial lighting proposed within the Sea Turtle Lightina R-
3 district.
2. The STPP shall be submitted to ERM and must be approved by ERM prior to
the issuance of a Certificate of Occupancy y the Building- Official,
Lb Application and approval process.
1. 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.
2. ERM may attach conditions to any STPP approval where such conditions are
deemed reasonably necessary to protect sea turtles.
3. 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.
4. Any site or Property Owner that is subject to or recipient of a notice of
violation or notice of noncompliance that remains unresolved shall not be
issued an ERM STPP approval.
5. STPP approval shall not be issued until any and all information necessary
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
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
veaetation. beach/dune profiles. and pertinent topoaraphic information:
and.
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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:
L 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 measures to prevent direct and indirect illumination
that is visible from the beach.
iii. Window tintimL specifications for all windows and doors within line of
sight of the beach including percentage of visible light transmittance
(see definition of tinted glass).
6. When an application is made for a STPP approval in common areas of a
multi-familv residential site in the Sea Turtle Liahtina R-3 district (i.e.
condominiums, apartments, townhouses, villas, etc.), the representative
association, or all of the 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.
7. Upon receipt of an application and appropriate application fee. ERM shall
have 30 days to reauest anv additional information. Within thirtv (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.
8. 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.
9. If an Applicant fails to respond to an ERM request for an application fee. or
anv additional information, within sixty (60) days, the application may be
denied without prejudice. However. ERM may grant an extension of time as is
reasonably necessary to fulfill the request for additional information.
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Agenda�l rye#2g
10. 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 agency action 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.
11.Anv application containing false information may be denied, and any STPP
approval granted based upon false information may be revoked.
12. ERM STPP approvals may be issued with a duration period that is reasonably
necessary to complete the project not to exceed five years.
13.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.
(c) 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, identifc
a. The date and time of initial inspection: and
b. The extent of compliance with this Chapter and the approved STPP: and
c. All areas of potential and observed noncompliance with this Chapter: and
d. Any action(s) taken to remedy observed noncompliance and date remedy
will be implemented, if applicable: and
e. The date(s) 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: and
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b. The inspector observed the pro'ect area at night with all lights operating:
and
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.
Sec. 10-70. - Compliance and enforcement.
a) Beach Lighting Inspector.
1. A position, known as the Village of Teguesta Beach Lighting Inspector is
hereby established.
2. It shall be the duty of the Village Manager to hire the Beach Lighting Inspector
and any necessary assistants to the Beach Lighting Inspector. -The Beach
Lighting Inspector shall have the necessary trainingtechnical knowledge, and
resources to enable them to effectively carry out the duties of this position.
The Beach Lighting Inspector may access resources provided by other local,
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 Article.
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 Article.
c. Beach Lighting
Inspector responsibilities may
also include preparation
of
reports, issuance of non-compliance notices,
outreach and
education.
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Agenda�l rye#2g
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 Article.
5. It shall be unlawful for any person to knowingly conceal or disable any liahtina
on a property before it has been inspected by the Beach Lighting Inspector.
b) Notice of Violation.
1. Upon finding any violation of this Article. the Beach Lighting Inspector shall
deliver a written notice of the violation of this Article to the property owner and
direct said owner to promptly remove or remediate lighting not in compliance
with this Article.
2. The time allowed for making the repairs shall be reasonable under the
circumstances, and shall be stated in the notice. 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
Article and be penalized as provided in section 10-70(c) of this Article.
c) Special Magistrate. Consistent with law and this Article, the code enforcement
s ecial magistrate shall have jurisdiction to enforce this Article within the Village
of Teauesta corporate limits per Village Code Sec. 10-2, and Sec. 1-14 or bv_
other lawful means.
d) Sea Turtle Fund.
1. A Sea Turtle Fund is hereby established within the Village of Teauesta.
2. All funds collected as a result of the assessment of fines under this section
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 Article and reduce the
amount of artificial beach liahtina
b. Educational materials to inform the general public on the threats of
artificial lighting to sea turtles, including but not limited to signs. door
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Agenda�l rye#2g
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 of Teguesta including, but not limited to, research and conservation
projects.
3. The Village of Teguesta may contribute funding from other sources into the
Sea Turtle Fund for uses consistent with the purposes set forth above.
Section 2: Each and every other Section and Subsection of Chapter 10.
Animals. shall remain in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same
are hereby repealed.
Section 4: Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder of
this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon passage.
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