HomeMy WebLinkAboutDocumentation_Regular_Tab 12_8/10/2023Agenda Item #12.
Regular Council
STAFF MEMO
Meeting: Regular Council - Aug 10 2023
Staff Contact: Lynne Britt, Building Support Department: Building
Administrator
ORDINANCE NO.04-23 SECOND READING, 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.
RUMN .-
ORDINANCE NO. 04-23 FIRST READING, 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.
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Agenda Item #12.
COMMENTS/EXPLANATION ON SELECTIONN/A
Recommend approval.
Memorandum Regarding the First Reading of Ordinance No. 04-23.ada
Village of Teguesta Sea Turtle Protection Ordinance First Reading.ada
VOT EXISTING 1977 SEA TURTLE PROTECTION CODE.ada
Page 119 of 250
Agenda Item #12.
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
To: Mayor Molly Young and Village Council
From: Lynne Britt, CFM, Building Support Administrator
Date: June 19, 2023
Re: Ordinance No. 04-23 - Sea Turtle Protection
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 Village of Tequesta Sea Turtle Protection Ordinance No.
04-23.
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). 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
This document may be reproduced upon request in an alternative format by contacting the Village
Clerk's Office at 561-768-0440 or by completing our accessibility form: https://bit.ly/3mnfeU4
Page 120 of 250
Agenda Item #12.
own equally or more stringent ordinance. The attached Village of Tequesta Sea Turtle
Protection Ordinance No. 04-23 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.
Local Planning Agency
During the June 15, 2023 Local Planning Agency (LPA) meeting, the LPA recommended
Ordinance No. 04-23 for approval with the following change which have been incorporated into
Ordinance No. 04-23:
• Move definitions section to the front;
• Revise the Sea Turtle Lighting R-3 District to apply to only those properties within the
R-3 district.
Accordingly, this is the first reading of Ordinance No. 04-23 amending the Village Code of
Ordinances at Chapter 10. Animals., Article III. Sea Turtle Protection.
Page 2 of 2
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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:
1
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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 Teguesta Sea Turtle Protection
Ordinance.
Sec. 10-62. — 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 physiographic
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 Liahtina 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
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.
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
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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 natural or artificial mechanism.
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 liahtina 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 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 alowina
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 -dune system.
Hatchling 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 an wv here
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.
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Nighttime: the locally effective time period between sunset and sunrise.
Non -egress Lightingmeans 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.
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 liahtina,
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 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.
Sea Turtle means any turtle, including all life stages from egg to adult, of these species:
Green (Chelonia mvdas), Leatherback (Dermochelys coriacea), Loggerhead (Caretta
caretta), Hawksbill (Eretmochelys imbricata), and Kemp's ridley (Lepidochelys kempii).
For the purposes of this Article, the term sea turtle is synonymous with marine turtle.
Sea Turtle Nesting Habitat means all sandy beaches adioinina 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 unveaetated
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
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light transmittance value of 45% or less and limited to the visible spectrum.
Section 10-63. - Findinas of fact.
Lal 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 10-64. - Purpose and objectives.
The purpose of this Article is to reduce the hazards impacting 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
inspections to ensure compliance with the acceptable liahtina standards.
SECTION 10-65. — Applicabilit
Ua The Sea Turtle Lighting R-3 District shall include all properties within the Village of
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Teguesta R-3 district.
Lb The provisions of this Article apply to new and existing artificial lighting visible
from the beach emanating from all buildings and related infrastructure, includina
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
requirements of this Article. and:
2. Is otherwise satisfactory or complies with the intent of this Article. and:
3. Has been designed or approved by a registered lighting or electrical enaineer
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:
and.
4. 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.
dM Anv person substantially aggrieved by any decision of the Beach Lighting
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 beina
appealed.
Sec. 10-66. -Annual public notice.
At least thirty days prior to the commencement of every sea turtle nesting
season. the Village of Teguesta shall provide notice to affected persons within the Sea
Turtle Lighting R-3 District of the provisions contained in this Article.
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Sec. 10-67. — Light[n_q-
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 hatchlinas. 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 i 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(a11. 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
modern alternatives so that the source of light is not directly visible from the
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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)l,
above.
2. Reduction of indirect lighting on beach. The installation of around -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 311
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
mitigateaainst 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.
c) Exterior and interior lighting affixed to new structures, new construction
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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 cutofffully
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 aara eg s=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.
S. 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
fixtures such as step, paver, path, recessed wall or bollard lights. Bollard lights
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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 long 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 long 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 cumulativel viv sible
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, full) shieldedand 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
`M
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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, facing 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.
(f) Pool areas.
1. Lighting of pool decks, pool facilities, swimming pools, and spas shall be long
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 publicsafety.
3. Above -water lighting of pool decks, pool facilities, swimming pools, and spas
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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 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 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 Iona wavelength
e.g. incandescent. fluorescent, or high intensity ligLtbgLWith the lowest
wattage Iona wavelength(e.g. LED or low pressure sodium. light source
or lamp available for the specific application:
IN
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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 lid
source or any reflective surface of the light fixture is not visible from the
beach:
_q= 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 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 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. 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. - Saecial events. motor vehicles. and temaorary 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(1), 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.
fMWithin 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.
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.
ffl 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 Lighting 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 by 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.
S. STPP approval shall not be issued until any and all information necessar 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:
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
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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 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).
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 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.
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
any 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.
10. Upon receipt of a completed application and fee. ERM shall have 90 days to
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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.Anv 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, identifa:
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
b. The inspector observed the project area at night with all lights operating:
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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 Liahtina Inspector
and any necessary assistants to the Beach Lida 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 position.
The Beach Lighting Inspector may access resources provided by other local,
state or federal agencies such as the Sample Beach Liahtina 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.
supporting administrative actions before a special magistrate, or attending
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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.
S. It shall be unlawful for any person to knowingly conceal or disable an lir�ahtinc
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 by any
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
knockers, pamphlets, stickers, public service announcements. and other
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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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Agenda Item #12.
PART II - CODE OF ORDINANCES
Chapter 10 - ANIMALS
ARTICLE III. SEA TURTLE PROTECTION
ARTICLE 111. SEA TURTLE PROTECTION'
'Cross reference(s)—Natural resource protection, ch. 50.
State law reference(s)—Sea turtle protection, F.S. § 161.163 .
Tequesta, Florida, Code of Ordinances
(Supp. No. 35, Update 1)
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Agenda Item #12.
Sec. 10-61. Purpose.
The purpose of this article, recognizing the unique characteristics of the sea turtle, particularly its nesting
cycle, is to prevent and reduce the hazards impacting sea turtles from uncontrolled construction activity,
beachfront lighting, beach access, mechanical beach cleaning and other coastal activities.
(Code 1977, § 4-32)
Sec. 10-62. 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 source means any source of light emanating from a manmade device, including but not limited
to incandescent mercury vapor, metal halide or sodium lamps, spotlights, streetlights, vehicular lights, or
construction or security lights.
Beach means the zone of unconsolidated material that extends landward from the mean low-water line to
the place where there is a marked change in material or physiographic form, or to the line of permanent
vegetation (usually the effective limit of storm waves), as defined in F.A.C. ch. 16B-33.
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 jurisdictional boundaries of this article.
Coastal construction means the carrying out of any activity within jurisdictional boundaries 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.
Department of environmental resource management means the county department of environmental
resource management or applicable municipal entity.
Dune means a mound or ridge of loose sediments, lying landward of the beach and deposited by any natural
or artificial mechanism.
Dune profile means the cross -sectional configuration of the dune.
Ground -level barrier means any natural or artificial structure rising above the ground which prevents
beachfront lighting from shining directly onto the beach -dune system.
Hatchling means any specimen of sea turtle, within or outside of a nest, which has recently hatched from an
egg.
Jurisdictional boundaries means the area between Beach Road and the Atlantic Ocean or between the
coastal construction control line, established pursuant to F.S. § 161.053 , and the Atlantic Ocean, whichever is
greater, but in neither event to exceed 500 feet landward of the mean high-water line.
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.
Nesting season means the period from March 1 through October 31 of each year.
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.
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Agenda Item #12.
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 means any specimen belonging to the species Caretta caretta (loggerhead turtle), Chelonia mydas
(green turtle), Dermochelys corciacea (leatherback turtle) or any other marine turtle using county beaches as a
nesting habitat.
STPP means sea turtle protection plan.
Tinted glass means any window which has:
(1) A shading coefficient (the percent of incident radiation passing through a window) of 0.45 or less;
(2) A minimum five-year warranty; and
(3) Procedure claims which are supported by approved nesting procedures and documentation.
(Code 1977, § 4-33; Ord. No. 19-19 , § 1, 6-13-2019)
Cross reference(s)—Definitions generally, § 1-2.
Sec. 10-63. Enforcement; penalties; additional remedies.
(a) Enforcement.
(1) The village council, by and through the department of community development or other applicable
municipal departments, shall adopt procedures for enforcing and administering this article and to
employ those persons necessary for such administration and enforcement.
(2) Consistent with law and this article, the code enforcement special magistrate shall have jurisdiction to
enforce this article within the village corporate limits.
(3) When necessary, the department of community development may seek assistance from the village to
assist in enforcement.
(4) It shall be the duty and responsibility of all appropriate law enforcement officers to enforce the
provisions of this article.
(5) No building permit or certificate of occupancy shall be granted by the department of community
development, except in compliance with the provisions of this article or court decision.
(b) Penalties. For any and every violation of the provisions of this article, and for each and every day that such
violation continues, such violation shall be punishable in accordance with sections 10-2, 1-14 or by any other
lawful means. Persons charged with such violation may include:
(1) The owner, agent, lessee, tenant, contractor, or any other person using the land, building, or premises
where such violation has been committed or shall exist;
(2) Any person who knowingly commits, takes part or assists in such violation; or
(3) Any person who maintains any land, building, or premises in which such violation shall exist.
(c) Other legal remedies. In addition to the criminal penalties and enforcement procedures provided in
subsection (b) of this section, the village council may institute a lawful civil action or proceeding to prevent,
restrain or abate any violations of this article.
(d) Other administrative remedies.
(1) Building permits and certificates of occupancy.
(Supp. No. 35, Update 1)
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Agenda Item #12.
Issuance. No building permit or certificate of occupancy shall be issued by the department of
community development for any purpose except in compliance with this article.
Revocation. The department of community development may revoke a building permit or
certificate of occupancy in those cases where an administrative determination has been duly
made that false statements or misrepresentations existed as to material facts in the application
or plans upon which the permit or approval was based.
Suspension. The department of community development may suspend a building permit or
certificate of occupancy where an administrative determination has been duly made that an
error or omission on either the part of the permit applicant or government agency existed in the
issuance of the permit or certificate approval.
A valid permit or certificate shall be issued in place of the incorrect permit or certificate after
correction of the error or omission. All department of community development decisions concerning
the issuance, revocation, or suspension of building permits and certificates of occupancy shall be
stated in official written notice to the permit applicant.
(2) Administrative fines. The code enforcement special magistrate shall have the power to impose a fine in
the maximum sum of $250.00 per day for a first violation or $500.00 per day for a repeat violation,
with each day the violation occurs constituting a separate offense, on any person who violates the
provisions of this article.
(Code 1977, § 4-45; Ord. No. 20-08, § 1, 12-11-2008)
Sec. 10-64. Conflicting regulations.
If this article conflicts with any other applicable regulations on this subject matter, the more restrictive
regulations shall apply.
(Code 1977, § 4-46)
Sec. 10-65. Administration and intergovernmental coordination.
(a) Generally. The department of community development in conjunction with other applicable village
departments shall be responsible for coordinating intergovernmental activities and for establishing
administrative policies germane to the effective and timely implementation of conditions set out in this
article.
(b) Administrative procedures. The department of community development shall develop a process whereby:
(1) A person submitting a site plan and/or building plan for coastal construction within jurisdictional
boundaries is made aware of all instructions, requirements, and guidelines contained in this article by
inclusion or reference.
(2) No certificate of occupancy is issued prior to approval of the beachfront lighting for coastal
construction.
(c) Coordination with state and federal agencies. The department of community development shall develop an
administrative process whereby a person submitting a plan for improvement within the jurisdictional
boundaries of this article is made aware of and may also be required to comply with the permitting
requirements of other state and federal agencies, and that the applicant is required to forward to the
department of community development all comments and permits transmitted or granted by these agencies.
(Supp. No. 35, Update 1)
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Agenda Item #12.
(d) Enforcement. The department of community development or other applicable municipal departments shall
develop a process for the consistent and effective enforcement of conditions set out in this article.
(Code 1977, § 4-34)
Cross reference(s)—Administration, ch. 2.
Sec. 10-66. Prohibited activities during nesting season.
The following prohibitions during the nesting season (March 1 through October 31) are established for the
protection of sea turtles:
(1) Motorized vehicles seaward of dune. The operation of motorized vehicles, including but not limited to
any self-propelled, wheeled, tracked or belted conveyance, shall be prohibited on or seaward of the
dune during the nesting season, except in cases of law enforcement, emergency or as otherwise
approved by the state department of environmental protection, as further set out in section 10-75.
(2) Horseback riding. Horseback riding shall be prohibited on or seaward of the dune during the nesting
season.
(3) Campfires. Campfires shall be prohibited on or seaward of the dune.
(Code 1977, § 4-35; Ord. No. 19-19 , § 2, 6-13-2019)
Sec. 10-67. Sea turtle protection plan required.
A sea turtle protection plan shall be required for the following activities and shall include any and all
protective/mitigative measures that will be implemented in conjunction with these activities:
(1) All coastal construction within jurisdictional boundaries involving the installation of permanently
mounted light fixtures.
(2) All coastal construction conducted during the nesting season (March 1 through October 31), seaward
of the dune, within jurisdictional boundaries, including site development and mechanical beach
cleaning.
(Code 1977, § 4-36; Ord. No. 19-19 , § 3, 6-13-2019)
Sec. 10-68. Contents of sea turtle protection plan.
A sea turtle protection plan shall be submitted to the department of community development prior to or
concurrently with the submission of a building and/or site plan. The STPP shall include the following information,
as applicable:
(1) General information. A STPP required pursuant to this article shall include the following information, as
applicable:
a. Identification of persons having legal or equitable interest in the subject property.
b. Legal description of the subject property.
C. Name of the general contractor for the project.
d. Assurance that the applicant has written authority to act as agent for persons with legal or
equitable interest in the subject property.
(Supp. No. 35, Update 1)
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Agenda Item #12.
e. Description of the proposed construction and intended land use.
f. Scaled map of the site with a north arrow.
(2) Light information. A STPP required pursuant to this article shall include the following information, as
applicable, for all areas of the subject property within line of sight of the beach:
a. The location, number and positioning of proposed floodlights, spotlights and other fixtures
discharging lighting from incandescent, fluorescent, mercury vapor or high pressure sodium
lamps.
b. The location, number, positioning and type of all other artificial light sources, including, but not
limited to, those used on balconies, walkways, recreational areas, roadways, parking lots, dune
crossovers, decks, boardwalks and signs.
C. Protective/mitigative measures to minimize lighting impacts on sea turtles, including measures to
prevent direct illumination of areas seaward of the dune.
(3) Construction information. A STPP required pursuant to this article shall include the following
information, as applicable:
a. A schedule of proposed construction periods.
b. The number of linear feet of shoreline seaward of the dune upon which construction will occur.
C. The number and type of vehicles anticipated during construction, the type of equipment and
materials to be used seaward of the dune, and the location of beach access points to be used in
moving equipment and materials to and from the construction site.
d. The location, number, positioning, and type of temporary nighttime security lights.
e. The location, number, positioning and type of nighttime construction lights and the extent of
areas seaward of the dune to be illuminated.
f. Protective/mitigative measures to minimize construction impacts on sea turtles.
(Code 1977, § 4-37)
Sec. 10-69. General standards for coastal construction.
The following standards shall apply to all coastal construction specified in this article and, as applicable, shall
be incorporated in a sea turtle protection plan:
(1) Sea turtle protection plan approval. The department of community development or other applicable
municipal departments shall approve a STPP prior to the issuance of a building permit or approval of a
site plan provided the standards as set forth in this article have been met. Approval of a STPP does not
relieve persons from complying with all other applicable conditions set out in this article or from
mitigating against subsequent negative impacts to sea turtles, their nests or eggs resulting from the
approved activity.
(2) Construction seaward of dune during nesting season. Appropriate protective/mitigative measures for
sea turtles, developed pursuant to this section, shall be implemented for all coastal construction
seaward of the dune during the nesting season.
(3) Restrictions on nighttime security lighting. Temporary nighttime security lighting shall be restricted as
follows:
a. Be mounted not more than 1S feet above the ground.
(Supp. No. 35, Update 1)
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Agenda Item #12.
b. Not illuminate areas outside of the subject property.
C. Not directly illuminate areas seaward of the dune unless specific protection/mitigative measures
for lighting impacts are developed pursuant to this section.
(4) Nighttime construction during nesting season. To avoid potential lighting impacts on nesting adult
turtles and emergent hatchlings, protective/mitigative measures for sea turtles which comply with this
article may be required for nighttime coastal construction during the nesting season, in addition to
those in subsection (5) of this section.
(5) Protective/mitigative measures. Protective/mitigative measures shall include, but not be limited to, the
following, as applicable:
a. Preliminary site survey. A permitted agent of the state shall conduct a preliminary site survey and
relocate all sea turtle nests to a safe habitat for coastal construction seaward of the dune during
the nesting season.
b. Exemption from preliminary site survey. Construction activity in progress on or before March 1 of
each year shall be exempt from a preliminary site survey but shall implement a daily nesting
survey pursuant to subsection (5)e of this section.
C. Delay of construction. If nests are known to be present during a preliminary site survey and
cannot be relocated and/or removed to a safe habitat, construction shall cease for 60 days or
until all potentially affected nests have hatched.
d. Prevention of construction delays. Persons anticipating construction starts during the nesting
season may obtain the services of a permitted agent of the state to relocate nests from
construction areas on a daily basis, beginning not later than March 1 of each year.
e. Daily nesting surveys. A permitted agent of the state shall conduct daily nesting surveys of
construction areas seaward of the dune and shall cage sea turtle nests or relocate the nest to a
safe habitat, beginning with the preliminary site survey or the nesting season, as applicable, until
any one of the following occurs:
1. Exclusion fences are erected pursuant to subsection (5)f of this section.
2. Construction activities are completed.
3. The nesting season has ended as defined in this article.
f. Use of exclusion fences. Any physical barrier used to prevent sea turtles from entering
construction areas may be used as an exclusion fence in lieu of daily nesting surveys if prior
approval is granted by the department of community development. Exclusion fences shall:
1. Be constructed so they are noninjurious to adult sea turtles.
2. Form a continuous barrier against sea turtle intrusions.
3. Be monitored daily by state department of environmental protection approved personnel.
4. Be repaired as necessary to prevent breaches.
5. Not prevent legal pedestrian access to the beach.
g. Breaches through exclusion fences. Breaches through an exclusion fence which result in
successful nesting shall be reported to the department of community development and the nest
shall be relocated from the construction area by a permitted agent of the state.
h. Delimitation of construction areas. Preliminary site surveys, daily nesting surveys and/or
exclusion fences shall encompass all areas seaward of the dune upon which construction
(Supp. No. 35, Update 1)
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Agenda Item #12.
activities occur and upon which equipment and materials are moved to and from the
construction areas.
i. Records maintenance. Daily records shall be maintained for all sea turtle monitoring conducted
pursuant to this section, and, together with a summary of the monitoring results, shall be
provided to the department of community development by the persons identified in section 10-
68(1)a upon completion of construction activities, or the end of the sea turtle nesting season,
whichever comes first. Daily records shall include, as appropriate:
1. The date of the preliminary site survey.
2. The dates of the daily nesting survey.
3. The dates of exclusion fence monitoring.
4. The observed nesting activity within the construction area.
5. The number of nests relocated.
6. The number of eggs per nest relocated.
7. The nest relocation areas.
8. The hatch success if required.
9. The effectiveness of the exclusion fence.
10. The name of the permitted agent of the state performing the monitoring program.
(Code 1977, § 4-38; Ord. No. 19-19 , § 4, 6-13-2019)
Cross reference(s)—Coastal protection, § 50-71 et seq.; coastal high hazard areas (v-zones), § 78-789;
supplemental regulations for coastal construction, § 78-287.
Sec. 10-70. Standards for site development.
All site development activities within the jurisdictional boundaries shall comply with the following standards,
as applicable, and the standards shall be incorporated into a sea turtle protection plan:
(1) Location, alignment and placement of structures. The positioning of buildings, recreational facilities,
walkways, beach access points, parking lots and other features of the site shall be predicated on
minimizing operational impacts of these features on sea turtles.
(2) Ground -level barriers and dune enhancement. Natural or artificial structures rising above the ground
should be used to the maximum extent possible to prevent lighting from directly illuminating the
beach -dune system and to buffer noise and conceal human activity from the beach. Improving dune
height in areas of low dune profile, planting natural vegetation, or using hedges and/or privacy fences
is encouraged.
(Code 1977, § 4-39)
Sec. 10-71. Standards for new beachfront lighting.
All lighting required for the coastal construction activities as set out in this article, installed after the effective
date of the ordinance from which this article is derived, shall comply with the following standards, as applicable,
and shall be incorporated into a sea turtle protection plan:
(Supp. No. 35, Update 1)
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Agenda Item #12.
(1) General prohibition. No artificial public or private light source shall directly illuminate areas seaward of
the dune where it may deter adult female sea turtles from nesting or disorient hatchlings.
(2) Reference manual. The installation of permanent lighting shall reflect the standards and mitigative
measures published in the current state of the art manual pertaining to coastal lighting and sea turtle
conservation (Raymond, Paul W., Sea Turtle Hatchling Disorientation and Beachfront Lighting: A review
of the Problem and Potential Solutions, Washington D.C., Center for Environmental Education, 1984).
(3) Reference availability. The department of community development shall make a copy of the Raymond
manual available for review. As design and/or performance standards are developed or upgraded and
become available, the department may provide additional references.
(4) Controlled use, design and positioning of lighting.
a. Any and all light fixtures shall be designed and/or positioned such that they do not cause direct
illumination of areas seaward of the dune and the source of light is not directly visible from the
beach.
All lights on balconies shall be shielded from the beach.
Lighting used in parking lots within the jurisdictional area of this article shall be:
Set on a base which raises the source of light no higher than 48 inches off the ground.
Positioned and/or shielded such that the source of light is not visible from the beach.
(5) Installation of tinted glass or window tint. Tinted glass, or any window film applied to window glass
which meets the shading criteria for tinted glass, shall be installed on all windows of single- and multi-
story structures within line of sight of the beach.
(6) Design of vehicular circulation improvements and parking areas.
a. Parking lots and roadways, including any paved or unpaved area upon which motorized vehicles
will operate, shall be designed and/or positioned such that vehicular headlights do not cast light
toward the beach.
Vehicular lighting shall be shielded from the beach through the use of hedges, dune vegetation
and/or other ground -level barriers.
(7) Lighting for pedestrian traffic.
a. Beach access points, dune crossovers, beach walkways, piers or any other structure on or
seaward of the dune designed for pedestrian traffic shall use the minimum amount of light
necessary to ensure safety.
Pedestrian lighting shall be recessed or shielded so that the source of light is not directly visible
from the beach.
(8) Beachfront lighting approval. Prior to the issuance of a certificate of occupancy by the department of
community development, each sea turtle protection plan shall be inspected for compliance as follows:
Upon completion of the construction activities, a registered state architect or professional
engineer shall conduct a site inspection which includes a night survey with all the beachfront
lighting turned on.
The inspector shall prepare and report the inspection finding in writing to the department of
community development, identifying:
(Supp. No. 35, Update 1)
The date and time of initial inspection.
The extent of compliance with this section.
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Agenda Item #12.
3. All areas of potential and observed noncompliance with this section.
4. Any action taken to remedy observed noncompliance, if applicable.
5. The dates and times of remedial inspections, if applicable.
C. The inspector shall sign and seal the inspection report which includes a certification that:
1. The beachfront lighting has been constructed in substantial accordance with the sea turtle
protection plan.
2. The beachfront lighting does not illuminate areas seaward of the dune at the time of the
night inspection.
3. The beachfront light sources within the jurisdictional boundaries are not directly visible
from the beach at the time of the night inspection.
(9) Approval not exclusive. Approval of compliance with the beachfront lighting standards set out in the
STPP shall not relieve persons from complying with all other applicable conditions set out in this article
or from mitigating against subsequent negative impacts to sea turtles, their nests or eggs resulting
from the approved activity.
(Code 1977, § 4-40)
Sec. 10-72. Standards for existing beachfront lighting.
Existing beachfront lighting shall comply with the following conditions by April 1, 1991:
(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 the Raymond manual referenced in section 10-71(2) and other reference manuals
identified by the department of community development.
(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 jurisdictional boundaries.
Blackout draperies or shadescreens 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.
(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 department of
community development, to mitigate against potential negative impacts to sea turtles. Mitigative
measures shall be implemented in addition to applicable penalties and fines. Any mitigation program
(Supp. No. 35, Update 1)
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implemented as a result of noncompliance with lighting conditions of this article shall remain in effect
until such time that acceptable beachfront lighting is achieved.
(7) Exemption. Areas that have no potential nesting (dry sand) beach may be exempt from lighting
restrictions if it can be demonstrated that the lighting is not visible on adjacent potential nesting (dry
sand) beaches.
(Code 1977, § 4-41; Ord. No. 19-19 , § 5, 6-13-2019)
Sec. 10-73. Standards for new beach access points.
All beach access points constructed after the effective date of the ordinance from which this article is derived
shall comply with the following standards, and the standards shall be incorporated into a sea turtle protection
plan:
(1) Pedestrian traffic. Pedestrian traffic shall be directed and limited to beach access points provided with
dune crossovers.
(2) Posting of information signs. Permanent sea turtle information signs shall be conspicuously posted by
the applicable jurisdiction at all new public beach access points provided with dune crossovers. The
information signs shall be standardized by the appropriate village department or the department of
environmental resource management. Sea turtle information signs shall be encouraged at all new
private beach access points provided with dune crossovers. Signage shall be the responsibility of the
property owner.
(3) Contents of information signs. Information printed on the signs shall inform beach users:
That sea turtles use the beach as a nesting habitat.
Of potential penalties for the possession, molestation, disturbance, harassment or destruction of
sea turtles, their nests or eggs.
Of a contact address or phone number for public use in obtaining additional information.
(4) Maintenance of information signs. Standardized sea turtle information signs shall be maintained in
perpetuity such that information printed on the signs remains legible and the signs positioned such
that they are conspicuous to persons at all public beach access points provided with dune crossovers.
(5) Unauthorized removal of information signs. Removal of the information signs by anyone other than
those authorized by the village is prohibited.
(Code 1977, § 4-42)
Sec. 10-74. Standards for existing beach access points.
Permanent sea turtle informational signs shall be conspicuously posted and maintained at all existing public
beach access points provided with dune crossovers in accordance with the standards set out in section 10-73 by
April 1, 1991. Sea turtle information signs shall be encouraged at all existing private beach access points provided
with dune crossovers.
(Code 1977, § 4-43)
(Supp. No. 35, Update 1)
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Sec. 10-75. Standards for mechanical beach cleaning.
All mechanical beach cleaning activities approved by the state designed to remove debris from the beach,
alter beach profiles, or disturb more than the upper two inches of beach sediment through the use of motorized
vehicles or other mechanical means shall comply with the following standards, and the standards shall be
incorporated into a sea turtle protection plan, as applicable:
(1) Compliance with beach -dune preservation policies. Equipment, methodologies and points of access
shall be consistent with beach -dune preservation policies established by the village, county and state.
(2) Timing. Beach cleaning shall be confined to daylight hours.
(3) Mode of operations. During the nesting season (March 1 through October 31):
Beach cleaning operations shall be limited to the wrack line (previous high tide mark) or below.
Lightweight motorized vehicles having wide, low -profile, low-pressure tires shall be used to
conduct beach cleaning operations instead of heavy equipment.
Devices used for removing debris from the beach shall be designed and/or operated such that
they do not penetrate beach sediments by more than two inches.
(4) Sea turtle protection plan exemption. A STPP may not be required for mechanical beach cleaning
activities if it is demonstrated to the department of community development and to the state
department of environmental protection, bureau of marine research, that the proposed operation will
have no adverse effects on the normal development and viability of eggs and hatchlings in sea turtle
nests and habitats, pursuant to the following procedures:
The state department of environmental protection, bureau of marine research, and the
department of community development shall be notified in writing by the applicant that the
protective/mitigative measures set out in section 10-69(5) shall not be required as part of the
state permit.
The department of community development shall grant an exemption from the STPP upon
consultation with the state and receipt of a copy of the state permit prior to commencement of
the mechanical beach cleaning activities.
(5) Coordination of beach cleaning operations with state -sanctioned scientific studies. All beach cleaning
operations shall be coordinated through the state to ensure that these operations do not interfere with
state -sanctioned scientific studies of sea turtle nesting activities.
(Code 1977, § 4-44; Ord. No. 19-19 , § 6, 6-13-2019)
(Supp. No. 35, Update 1)
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