HomeMy WebLinkAboutDocumentation_Regular_Tab 8B_3/8/2001 itt 3
MEMORANDUM
To: Michael R. Couzzo,Village Manager From: Scott D. Ladd,Directorgommunity Development )3
Kara L. Irwin,Planner
Date: January 4,2001
Subject: Ordinance to Adopt Historic Tree Preservation Regulations
•
In the past, the members of the Community Appearance Board expressed an interest in the actions of
other municipalities in regards to the preservation of Historic and Landmark Trees. The Community
Appearance Board indicated a desire for similar regulations and/or process within the Village of Tequesta_
The Community Appearance Board specifically referred to the Banyan tree at the entrance to Bay Harbor
and a cluster of Banyan trees on the grounds of the Tequesta Country Club as candidates for
historic/specimen trees.
The Community Appearance Board acting as the Tree Board shall initiate the process by recommending
to the Village Council the designation of a tree as historic or specimen. The Council shall then consider
the recommendation according to the criteria provided and either approve or disapprove the designation.
The process/regulations have been outlined in two separate Ordinances. The attached Ordinance amends
Chapter 7,.Community Appearance Board, allowing the Tree Board to recommend to Village Council the
designation of historic and/or specimen trees.
•
Attached are nineteen(19) sets of packets, including an original,for the above referenced subject. Village
Attorney has approved the Ordinance for legal form and sufficiency. Please place this on the January 11,
2001 agenda for the Village Council Meeting. Staff recommends approval.
JONES
FOSTER Flagler Center Tower,Suite 1100 Mailing Address
JOHNSTON 505 South Flagler Drive Post Office Box 3475
Cal STUBBS
n A West Palm Beach,Florida 33401 West Palm Beach,Florida 33402-3475
►7 i7J/ 1.1'L Telephone(561)659-3000 Facsimile(561)832-1454
Attorneys and Counselors
John C.Randolph,Esq.
Direct Dial:(561)650-0458
E-mail:jandolph@jones-foster.com
December 22,2000 VIA FAX: 575-6239
Kara L.Irwin,Planner
Village of Tequesta
Post Office Box 3273
Tequesta,Florida 3 3469-0273
RE: Village of Tequesta
Draft Historic Tree Ordinances
Our File No. 13153.1
Dear Kara:
ram; I have reviewed your draft ordinances submitted under your memo of December 15,2000,relating
to historic trees. Each ordinance appears to be in good form: I have enclosed copies on which I have
made some typographical and non-substantive modifications.
Sincerely,
JONES,FOSTER,JOHNSTON&STUBBS,P.A.
r/ I -
Jo, , C.Randolph
JCR/ssm
Enclosures
ORDINANCE NO.
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE.
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AMENDING CHAPTER 7, OF THE CODE OF
ORDINANCES OF THE VILLAGE OF TEQUESTA RELATING
TO THE COMMUNITY APPEARANCE BOARD, BY AMENDING
SECTION 7-7, POWERS AND DUTIES AS THE OFFICIAL
TREE BOARD OF THE VILLAGE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Village Council of the Village of
Tequesta finds that the protection of certain trees
is necessary to preserve the history and the natural
environment of the Village; and
WHEREAS, the Village Council of the Village of
Tequesta desires to establish reasonable regulations
for the protection and preservation of trees that are
significant to the history of the Village, the State
of Florida, of the Nation, and/or which exemplify a
native tree specie; and
WHEREAS, the Code of Ordinances of the Village of
Tequesta presently does not contain language enabling
the Tree Board to recommend to the Village Council a
tree as historic or as a significant landmark;
NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE. OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AS FOLLOWS:
Section 1. PURPOSE That the Village of Tequesta
Code of Ordinances Chapter 7, "Community
Appearance Board" , Section 7-7, entitled "Powers
and duties as the official Tree Board of the
Village" is hereby amended, as set forth herein.
Section 2 . SCOPE Sec. 7-7. Powers and duties
as the official Tree Board of the Village..
In addition to the functions provided pursuant
to the other provisions of this chapter, the
Community Appearance Board shall constitute the
official Tree Board of the Village of Tequesta and
as such shall :
1. Annually develop and present to the Village
Council a written community tree management
program and supporting work plan, which,
upon acceptance by the Village Council,
shall constitute the official comprehensive
tree plan for the Village.
2 . Annually, prepare plans for a Tequesta
Annual Arbor Day ceremony, for approval by
the Village Council.
3 . Make recommendations to the Village Council
upon any matter coming within the scope of
its work, as deemed necessary.
4 . Make recommendations to the Village Council
that certain trees located within t e /„ s-• --
Village be designated as specimen
historic trees. In . making such a
determination, the Tree Board shall
consider, but not be limited to, the
following criteria:
a. The significance of the tree as a
village landmark.
b. The significance of the tree due to
high value because of its size, age
and/or historic value.
c. The significance of the tree to the
history of the Village, State of
Florida or the Nation.
5. Perform any other duties assigned by the
Village Council.
Section 3 . SEVERABILITY If any court or
competent jurisdiction shall hold any word, part,
section, paragraph or provision hereof to be
unlawful or unconstitutional, such ruling or
finding shall not affect the remaining portions of .
this Ordinance, which shall remain in full force
and effect .
d. ' •
Section 4 . REPEAL OF CONFLICTING ORDINANCES
All Ordinances or part of ordinances in conflict
herewith shall be and the same are hereby
! repealed.
Section 5. CODIFICATION This Ordinance shall be
codified and made a part of the official Code of
Ordinances of the Village of Tequesta, Florida.
Section 6. EFFECTIVE DATE This Ordinance shall
become effective immediately upon passage.
THE FOREGOING ORDINANCE was offered by
Councilmember , who moved its
adoption. The Ordinance was seconded by
Councilmember , and upon being
put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly
passed and adopted this day of
A.D, 2000 .
MAYOR OF TEQUESTA
Joseph N. Capretta
ATTEST:
Joann Manganiello
Village Clerk
Resolutixi\Ordinances\Historic Trees