HomeMy WebLinkAboutDocumentation_Local Planning Agency_Tab LP3A_3/28/1991 yc �
s /,I. i VILLAGE OF TEQUESTA �UA6EOf0`.�',: �� BUILDING DEPARTMENTUGE O. Post Office Box 3273 • 357 T uesta Drive•f40 4 t Tequesta, Florida 33469-0273 40 575-6 :C.,: 2 21991���' -.-": ' FAX: (407) 575-6203 ( 220ILlgEtNAGE,?S./ fffCE ,TO: Thomas G. Bradford, Village Manager ✓ -=` �
FROM: Scott D. Ladd, Building Official )0�
DATE: March 22, 1991
SUBJECT: Public Hearing, March 28, 1991.
Review and first reading of an Ordinance to adopt the revisions
to our Comp Plan per the stipulated agreement with DCA.
Tom, a Public Hearing has been scheduled for the Council meeting
of March 28, 1991 in order that Council, sitting first as the Village of
Tequesta Local Planning Agency, can review and recommend approval of the
above subject Ordinance and then, sitting as the Village Council, pass on
first reading said Ordinance. A second Public Hearing will be held at the
Council meeting of April 11, 1991 in order for the Village Council to pass
on second reading and adopt this same Ordinance.
These two Public Hearings and the subsequent adoption of this
Ordinance are the culmination of a long process that began with the DCA
finding our Comp Plan "not in compliance". We then, through a special
legal process, entered into a "stipulated agreement" with DCA that set
forth the revisions to our Comp Plan that we would make in order to
satisfy the comments and objections to our Plan that caused DCA to find us
"not in compliance" in the first place. The revisions to our Comp Plan
were then presented to the Village Council at a meeting wherein Jack
Horniman, Planning Consultant, Jay Jurgens, Attorney, and staff discussed
the changes and received Council approval to transmit the revisions to
DCA. DCA then performed a final review of the proposed revisions to our
Comp Plan and sent us a report of their findings in the form of an "ORC"
( objections, recommendations and comments) Report that stated the
Department ( DCA) raises no objections to the proposed amendments that were
made per the stipulated agreement. Upon receiving the "ORC" Report, which
occurred on March 2, 1991, the Village then began the process which is the
subject matter of this memorandum by setting up the two Public Hearings in
order to adopt, in Ordinance form, the revisions to our Comp Plan.
I hope that this memorandum helps clarify how we arrived at
where we are regarding this process. Once we have adopted this proposed
Ordinance and transmitted a copy of it to DCA, we will have completed the
process to have our Comp Plan determined to be "in compliance". The
Village Attorney and/or staff should be able to answer any questions that
may come up at the Public Hearings. •
SDL/jms ,
Recycled Paper
Ce
tAi
f? 5 ,I;11 �i or ORDINA�iCE NO. ill
•
Q(,`e� �� �£ ,1elilt- AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
� 1 �P6� 4 4;1 F�g��\ VILLAGE OF TEQUESTA, FLORIDA, ADOPTING
po ey COMPREHENSIVE PLAN AMENDMENTS FOR THE VILLAGE
1' , 5 ��p� OF TEQUESTA IN ACCORDANCE WITH THE "LOCAL
, 5P GOVERNMENT COMPREHENSIVE PLANNING AND LAND
co DEVELOPMENT REGULATION ACT" AS AMENDED BEING
SFCTTON 363 . 3161 ET. SEQ. , FLORIDA STATUTES
• AND THE STIPULATED SETTLEMENT AGREEMENT;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, pursuant to Sec. 163. 3161, et. seq. , Florida
\a Statutes, the "Local Government Comprehensive Planning and Land
�c�SC Development Regulation Act" , the Village of Tequesta, Florida, is
P"
required to adopt and periodically amend its Comprehensive Plan;
5iA �3 a n d
Ob `tip WHEREAS, on or about November 30, 1989-, the State of Florida
determined that the Comprehensive Plan adopted by Ordinance No. 321
ion October 12 , 19689 was not in compliance with Chapter 163 , Florida
Statutes; and - _
WHEREAS, the State of Florida. Department of Community Affairs
and the Village of Tequesta on or about July 24 , 1990 entered into
a Stipulated Settlement Agreement regarding the determination of
noncompliance; and
WHEREAS, on or aboutlNovember 8, 1990; the Village of Tequesta
conducted a public hearing for purposes of transmitting proposed
comprehensive plan amendments to the State of Florida Department of '
Community Affairs in accordance with the Stipulated Settlement
11. Agreement; and
WHEREAS, the Department transmitted to the Village its
Objections, Recommendations and Comments Report regarding the
proposed comprehensive plan amendments om March 1, 1991;' and
WHEREAS, on. March 28, 1991, the Village Council, sitting as
of the Local Planning Agency, held a Public Hearing to review the
Comments, Recommendations and Objections Report from the State of
Florida, Department of Community Affairs and to make
recommendations to the Village Council concerning the adoption of
comprehensive plan amendments; and
WHEREAS, on" March 28, 1991,' the Village Council considered the
recommendations of the Local Planning Agency and approved, on first
V reading, this Ordinance adopting the comprehensive plan amendments;
and
1dic-A WHEREAS, on1 April 11, 1991, the Village Council held a Public
POI' 1�C\ Hearing to consider adoption of the comprehensive plan amendments
L ►\) and thereafter, on second reading, adopted this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1. Pursuant to the provisions of the "Local
Government Comprehensive Planning and Land Development Regulation
Act", Section 163. 3161 et. seq. , Florida Statutes, the Village of
Tequesta, Florida, hereby adopts Comprehensive Development Plan
Amendments for the Village or Tequesta, Florida. A copy of the
Comprehensive Development Plan Amendments of the Village of
Tequesta, Florida are attached hereto and made a part hereof as
Exhibit "A".
' � 9
t ,
Section 2. Severability. If any provision of this
Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of
this Ordinance which can be given effect without the invalid
provisions or app] ications, and to this end, the provisions of this
Ordinance are hereby declared severable.
section 3 , Repeal of Ordinances in Conflict. All other
ordinances of the Village of Tequesta, Florida, or parts thereof
which conflict with this or any part of this Ordinance are hereby
repealed.
Section 4 . Codification. This Ordinance shall be codified
and made a part of the official Code of Ordinances of the Village
of Tequesta.
,section 5. Effective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided by
law.
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 1 OPTTON
The Mayor thereupon declared the Ordinance duly passed and
adopted this day of , 1991.
MAYOR OF TEQUESTA
Joseph N. Capretta
ATTEST:
Village Clerk
JAJ213153.1\ordfnance.421
•
' 1 1
1
UTILITIES •
POTABLE WATER SUB-ELEMENT
Goal: 1.0. 0 To provide a safe and sufficient
potable water supply and an adequate
• network of a distribution system.
Objective: 1. 1. 0 Maintain water supply and
distribution systems which utilize
water resources in a safe,
economical manner.
Policies; 1. 1 . 1 The Village water systems should be
managed and operated consistent with
local plans and proposals developed
for the Village, as well as any
regional or area-wide plans
affecting the Village water systems.
1. 1. 2 The Village should continually
investigate alternative
sources/water systems and methods
of treatment for providing and ,
upgrading water supplies.
1. 1. 3 The recommendations and requirements
forthcoming in the Water Use and
Water Supply Development Plan being
prepared by the South Florida Water
Management District should be
reviewed as they become available.
Land use plans and development
regulations should be consistent
with the findings and
recommendations of this Plan.
1. 1.4 The Village should carefully
consider all municipal expenditures
and revenues resulting from
proposals by developers or owner
regarding water systems when
-
determining the cost and benefit of
those proposals. A clear statement
of costs and benefits should be
prepared for the Village before any
determinations are made.
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L
Objective: 1. 2 . 0 Environmental impact of growth in
developing areas should preclude
unacceptable degradation of water
resources and water treatment
systems and prevent irreversible
damage to the ecological balance of
environmental resources.
Policies: 1.2 . 1 Village development regulations
should provide for the protection
and availability of water resources.
1.2. 2 'Future wells should be located in
the Village's water service area
where the potential for saltwater
intrusion into the surficial aquifer
and existing well fields in periods
of drought is minimized.
1. 2 . 3 The Village Building Department in
its site plan review process shall
require, site plans which
incorporate innovative urban,
architectural, and/or engineering
design of . impervious areas (e.g.
parking lots) to maximize the
retention of rainfall to these areas
which will increase the recharge of
the groundwater while reducing
stormwater runoff.
objective: 1. 3.0 Establish by FY 1991, a program for
the conservation of potable water
resources within the Village which
includes the utilization of
available non-potable water for
purposes other than human
consumption when neither the health
of the population nor the
environment will be adversely
affected.
Policies: 1.3 . 1 In an effort to Conserve the use of
water in irrigation, local
development codes and ordinances
should make provision for use of
native vegetation using xeriscape
concepts in future development.
1. 3 .2 Establish the necessary procedure
with ENCON to require all new
developments to incorporate
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irrigation quality (IQ) water
systems for irrigation usage, once
it is available and economically
feasible, as a method to reduce
potable water demand and increase
aquifer recharge potential.
1. 3 . 3 The Village shall implement and
enforce Water Shortage Emergency
Provisions, established under
Chapter 40 - 21 , Florida
Administrative Code , upon
declaration of a water shortage
emergency by the South Florida Water
Management District.
1. 3 . 4 The Village shall continue to
actively enforce all existing
potable water planning policies,
as well as continue to research and
develop additional planning policies
for the conservation of potable
water resources within the Village's
service area.
Objective: 1. 4 . 0 By 1991, establish criteria
necessary to maintain adopted Levels
of Service Standards for the
extension of public water facilities
within the Village's designated
service area.
Policies: 1. 4 . 1 The Village drinking water systems
should conform to the standards set
forth in the Federal Safe Drinking
water Act of 1974 ,. Public Law
93-523.
1. 4 . 2 The Village shall coordinate with
the Palm Beach County Department of
Resource Management to establish a
wellfield protection program by 1991
which will regulate land use
activities within the travel time
contours of the Village ' s
wellfields.
1 .4 . 3 Expansion to the Village's water
supply and distribution systems
shall be constructed to current
enyineering and American Water Works
Association (AWWA) design standards
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meeting acceptable fire flows and
water quality requirements as
defined in Palm Beach County
Environmental control Rule II, as
well as Florida Administrative Code
17-550, 555, 560.
1 . 4 . 4 The looping of dead-end water mains
within the Village 's potable water
service area . shall be made a
priority in planning improvements
and new construction of the
Village's potable water distribution
system.
1. 4.5 By 1995, the Village Water
Department shall have completed its
current 1987 water meter changeout
program to control system water loss
by flow measurement. This program
was implemented to enable the
Village to achieve its goal of total
meter . standardization, increased
• flow measurement accuracy and system
water loss of less than fifteen
percent (15%) .
1. 4 . 6 The following potable water Level of
Service standards are hereby adopted
as set forth in the Capital
Improvements Element estimating the
availability of facility capacity
and demand generated by a proposed
development project.
1we aefe Bad-i�a r-Qens ` • " -e
Residential 236 gallons*ealAtaiday
Non-Ree dential -• None Eotabliohed/LOC
Standard-eh-all be cptabli?hed by-1991.
•
Ma
•
licsidcne4a1 354 gallonsfeakit ey
Nan- sue a== Nene -- mo b11ce
Standard ehp11 be—erl I37.--l9
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i.a . � The Village shall enhance its
Computer Billing System by January
1, 1991 to assist in identifying
water consumptive use by _user
classifications.
1. 4 . 8 The Village shall collect data
beginning January 1, 1991 to
differentiate between residential
and nonresidential uses.
1,4 • 9 The Village shall amend the potable
water Level of Service standard to
• differentiate between residential
and nonresidential use rates on or
before January 1, 1992 ,
Objective: 1 .5. 0 The Village shall maintain a
five-year schedule of public water
facilities capital improvement
needs, to be updated annually, in
conformance with the Capital
Improvements Element to ensure that
proper management and maximum
utilization of existing potable
water facilities are provided in
compliance with adopted potable
water Level of Service Standards.
Capital Improvements needs are
defined as: (1) those improvements
necessary to correct existing
deficiencies in order to maximize
the use of existing facilities; or
(2) those improvements necessary to
meet projected future needs without
encouraging urban sprawl.
Policies: - 1 . 5. 1 Improvements to the Village's
Potable Water System include:
a) Water Treatment Plant - Phase 1
Expansion, by 1991, 1. 3 MGD
plant capacity expansion by
the installation of three (3)
additional filters. Phase 2
expansion by 1993, plant
capacity expanded an additional
1.8 MGD by the installation of
four (4) additional filters.
b) Wells: By 1991, installation of
one (1) potable water supply
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well and one (1) backup well.
By 1993 , installation of two
(2) additional supply wells.
c) Storage: By 1990, completion of
a ,3 . 0 million gallon storage
tank with service pumps.
d) Transmission Lines - 8 inch -
2, 900 feet - By 1990, raw water
main relocation.
10 inch - 2, 000 feet - By 1991 ,
extension of distribution water
main.
Policies: 1.5. 2 The Village shall establish a
permitting procedure to ensure that
adequate facility capacity exists or
will exist concurrently with
development to maintain adopted
Level of Service Standards.
1. 5 . 3 Extension of service to any area,
within the Service Area is dependent
upon approval of both the Water
Department and the Village Council
based upon:
a) Availability of existing
capacity as determined by the
water Department;
b) Cost-effectives of provision of
service on a long term
basis; and
c) That service extension would be
in the best interest of the
Village.
1. 5. 4 The Village shall maintain its
on-going monitoring and maintenance
program for the potable water
system as administered by the Water
Department.
1.5. 5 Proposed capital improvement potable
water facility projects will be
evaluated and ranked according to
the following priority level
guidelines:
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414
Level One - whether the project is
needed to (a) protect public health
and safety in order to fulfill the
Village 's legal commitment' to
provide, facilities and services; or
(b) to preserve, or achieve full use
or efficiency of existing
facilities.
Level Two - whether the project: (a)
prevents or reduces future
improvement costs; or (b) provides
services to developed areas
currently lacking full service or
promotes in-fill development.
Level Three - whether the project
represents a logical extension of
facilities and services within a
'designated Village Planning Area.
Objective: 1. 6. 0 By October 1994, achieve an average
potable water consumptive use of 175
gallons per capita per day (defined
as the total amount of water used by
all consumers in the Village divided
by the Village's population) thrQug4
the implementation of voluntary"
programs for existing development
and mandatory programs for_ new
development and redevelopment.
Policies: 1. 6. 1 By July, 1991_, the Village shall
design and implement the following
water conservation education
programs:
Ai Conduct a water conservation
iorkshop involving water use
and irrigation specialists who
will provide practical
information on how to conserve
water on a daily basis an how
to efficiently operate
irrigation systems. Such a
program may be co procluced with
the South Florida Water
Management District and/or
other 'coastal communities with
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•
hial)_ per capita water
consumption rates.
b1 provide irrigation experts at a
reduced fee for _individual
consultations,
c . Provide through the mail
quarterly updates of water
conservation goals, the success
of ongoing programs, and new
water.-saving techniques and
strategies. Such updates
should be coordinated with
changes in seaon and
s rec mend
appropriate irrjgation
adjustments.
41 The Village Utilitj,es
Department will have d
�nowledaeable employee who will
) e available for consultations
on water conservation
strategies that may be used in
site development plans and in
residential and non-residentiaj,
buildings,
1. 6. 2 By July, 199_1, the Village shall
meet individually with all non-
residential water users and the top
5% of residential water users to
identify and agree upon the
implementation of specific water
reduction programs and goals which
Pay inc1 de:
Al The identification and use of
alternative (non-potable) water
sources, where available.
ba Specific operational changes
which will reduce_the amount of
water consumed in activities
such as dish washing. building
maintenance, and vehicle
washing.
a1 Limiting the n tuber of daya
time of day and/or length of
time in which iLrigation
systems are operated,.
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di Retrofitting existing systems
such as shower heads,,_sink
faucets, toilets. and wash
pasins with new water-sav,Dg
devices.
Al Retrofitting existing
irrigation systems with water-
saying devices such as drip
lines , timers . and
tensiometers.
In all cases , expenditures made ,by
the water consumer shall be
real n ble 3n terms of the benefits
received as mea ur_ed_by the actual
amount of water saved, the dollar
amount say d and the Public
recognition received. However, a
cost benefit ratio of 1. 0 shall not
constitute the sole definition of
reasonable. All consumers that are
a part of this program shall receive
quarterly updates on, their progress
toward the agreed upon goal.
. 6. 3 The Village shall implement a water
system- leak detection program by
1992 . Information from this program
shall be used to prioritize projects
to repair or replace system
components where the most leakage is
occurring.
1. 6. 4 py July 1, 1991, adopt and implement
the mellowing regulations which
shall apply to new development and
redaYf`pm n
.AI The use of xeriscace and native
vegetation on a portion of
development sites.
hl The use of soil tensiometers or
similar control mechanisms in
all irrigation systems.
• ca The use of in-home water saving
plumbing devises such as low
volume shower heads and
toilets.
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1. 6 . 5 Zf the water cons tine use has not
been reduced to an average of 175
gallons per capita- per day (defined,
as the total amount of water psed by
all consumers in the V-illacte diVided
by the Village's popplation) by
October 1994, the Village shall
adopt and implement ' mandatory_
rediiction programs within six mouths
which will result in achieving the
average Potable water consumptive
use of 150 _ gaallons per capita per
day (as defined above) by October,
1999 .
Mandatory programs to be considered
by the village include:
al An ordinance restricting _ the
number of days, time of day and
A na±th of operation of•
sai.,1
irrigation systems.
b) An ordinance which establishes
a maximum water allocation for
each use such that those who
consume more than the allocated
amount shall ,be subject to
fines.,
c) Adoption of an "inverted" rate
structure _such that the price
of water _increases
proportionately with amount
consumed.
g Adoption of water use
restrictions on a permanent
basis,
1. 6 . 6 As part of the required five-year
Evaluation and Appraisal Report
(EAR) to be conducted in 1994, the
Village shall specifically evaluate
all on-going water conservation
programs.
1. 6. 7 The EAR shall identify all on-going
water conservation programs Ansi
evaluate them for their
effectiveness in achievirnq the
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consery tion goals and objectives
established by this plan.
1, 6. 8 The EAR, shall include_a review of
additional water conservattion
techniques that are potentially
applicable to the Village and
recommend adoption of Jose eemed
appropriate.
1. 6.9 T ie EMI shall include an analysis of '
water cons ,tnptinn rates found in
other communities in _Florida and
Compare them with those found in
Tequesta. Significant differences
shall be analyzed to determine if
additional conservation 1nea1res
should be implemented in Tequesta_
1 . 6. 10 The EAR shall recomlgend a new water
reduction schedule for the following
five year and ten year per' od.
jaj:131S3-1\votwatcr
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C ONSERVATI Q N
Goal: 1. 0. 0 To preserve and enhance the
significant natural features in Tequesta.
Objective: 1. 1, 0 To undertake programs to help achieve
compliance with State Department of
Environmental Affair° Regulation air
quality regulations.
POlicies: 1 . 1. 1 Continue to require landscaping as a
part of new private development and to
landscape public areas.
1. 1. 2 Continue to urge the State Department of
Transportation to undertake the planned
street widening& and intersection
improvements in order to facilitate
traffic flow.
objective: 1 . 2 . 0 Within one (1) year of the submittal of
the Comprehensive Development Plan, the
Village shall adopt the recommendations
of the Palm Beach County Areawide Plans
related to Urban Best Management
Practices (BMP) and amend the Code of
Ordinances to require future development
to restrict off-site runoff of stormwater
pollutants in accordance with drainage
criteria established by Palm Beach County
and the South Florida Water Management
District.
Policy: 1. 2. 1 The Village shall adopt the on-site
stormwater retention/detention criteria
established by the South Florida Water
• Management District and Palm Beach
County as part of its land development
regulations.
Objective: 1. 3 . 0 Within one (1) year of the submittal of
the Comprehensive Development Plan, the
Village shall amend its landscape
regulations to provide for the
preservation of the native vegetation on
undeveloped portions of the Village.
Policies: 1. 3 . 1 Institute controls for restricting
development on Ecosites 61 and 63 as
identified el. in the Coastal Management/
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Conservation Map and the support
documentation.
1. 3 . 2 Continue to review all development
applications in the context of the
pervious cover and landscaping provisions
of the development code; be particularly
diligent in the review of any coastal
gone projects such as any development in
mangrove areas.
1. 3. 3 Work with County and State park officials
to assure that any park improvements are
sensitive to the mangrove and other
vegetative/wildlife/marine habitats.
1. 3 . 4 The Village shall amend its land
development regulations to require the
planting of native plant species,
particularly shade trees, as part of the
landscape requirements for development
approval.
Objective; 1. 4 . 0 Within one (1) year of the submittal of
the Comprehensive Development Plan, the
Village shall adopt the Palm Beach County
Mangrove Protection Ordinance and amend
its Code of Ordinances to require
preservation of existing mangroves except
where the proposed use is for a
water-dependent or water-related land use
deemed to be in the public interest.
Policies: 1.4 . 1 The Village shall require preservation
or mangrove mitigation (i.e. replanting)
by amendment to its code of Ordinances
within one (1) year of the submittal of
the Comprehensive Development Plan.
1.4 .2 Discourage development in coastal
mangrove systems, except in cases shown
by assessment of all pertinent factors to
be not contrary to the public interest.
1. 5. 0 tith:i:1 ?^� (I) year of the a»hmittll of
the Comprehensive Development Plan, the
Village shall amend the Code of
Ordinances to restrict public works
projects from disturbing existing
mangroves except where such work is
essential to the continued health, safety
and welfare of the public.
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Objective: 1. 6. 0 Within one . (1) year of submittal of the
Comprehensive Development Plan, the
Village will amend its Code of Ordinances
to protect natural wildlife areas and
' environmentally sensitive lands.
Policies: 1. 6. 1 Preserve all existing wetland areas
identified on the Coastal Management/
Conservation Map by adopting through
ordinance, the Palm Beach County Mangrove
Protection Ordinance and by requiring the
protection of existing native wetland
vegetation buffers adjacent to the
Loxahatchee River and Indian River Lagoon
estuaries.
1. 6. 2 The Village shall designate Ecosites 161
and 063 described in the support
documentation and identified in the
Coastal Management/Conservation Map as
environmentally sensitive lands and amend
its Code of Ordinances to provide for
their protection and preservation.
1. 6. 3 The Village shall amend its Code of
Ordinances to restrict development
activities that may adversely affect the
survival of endangered and threatened
wildlife species and provide for the
mitigation of development impacts on
their habitats and food sources.
1.6. 4 The Village shall amend its Code of
Ordinances to restrict future
non-recreational development of park site
• reservations identified in the Recreation
and Open Space Element.
Objective: 1. 7. 0 To expressly prohibit new construction to
take place oceanside of the designated
construction setback line or in an area
that would threaten the stability of
either the primary dune or the beach
itself.
Policies: 1. 7. 1 No construction should be allowed that
would threaten the stability of either
the dune systems or the beach itself.
All new construction should be
restricted to areas landward of the
primary dune line, . except for walkovers
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and other acceptable beach access
i structures.
1. 7 . 2 The Village should prohibit new
development east of the state designated
ete4e coastal construction setback line
unless the Village establishes more '
restrictive provisions at the local
level. In such cases,- the local
provisions should be adhered to.
1.7 . 3 The Village should establish new setback
lines in local codes or ordinances if the
state setback lines prove to be
inadequate.
Objective: 1. 8 , 0 Within one (1) year of the submittal of
the Comprehensive Development Plan, the
Village shall amend its landscape
regulations to require the use of native
vegetation to stabilize the dune system
identified in the Coastal Management/
conservation Map and described in the
support documentation.
Policies: 1. 8. 1 In the areas where beaches and dunes are
being eroded, the Village should
encourage a multijurisdictional approach
to stabilization and restoration
projects, preferably by using native
vegetation as a stabilizing medium.
1.8. 2 Where appropriate, previously disturbed
indigenous vegetation areas should be
renourished and replanted.
Objective: 1. 9. 0 Within one (1) year of the submittal of
the Comprehensive Development Plan, the
Village shall amend its Code of
Ordinances to provide for the dedication
of public access easements for new
developments in the coastal area.
Policy: 1.9 . 1 When appropriate, the Village should seek
means and innovative techniques to allow
proper access to beaches while protecting
the integrity of the dune system in such
future beach acquisitions.
Objective; 1. 10.0 Prevent certain motorized vehicles from
driving on the primary dunes except in
emergency situations.
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Policy: 1. 10. 1 Village ordinances and regulations should
delineate which motorized vehicles are to
be prohibited from driving on the primary
dunes.
Goal: 2 . 0. 0 The complete consideration of identified
use limitations in future coastal zone
planning and management decisions by the
Village.
Objective; 2 . 1 . 0 Within one (1) year of the submittal of
the comprehensive Development Plan,. the
Village shall amend its Code of
Ordinances to provide for the continued
enhancement of water quality within its
jurisdiction by providing for the review
of all development activities in or
contributing to the coastal area as part
of its development review process.
Policies: 2 . 1. 1 The Village shall require, as part of its
development review process, the submittal
of a drainage/environmental statement
describing how the proposed development
will affect the estuarine water quality
of the Class III waters of the Village
by amending its Code of Ordinances.
2 . 1.2 The Village shall review all proposed
developments within the coastal area for
consistency with on-going planning
efforts for the Loxahatchee River Estuary
and the Indian River Aquatic Lagoon
Preserve by cooperating with the Palm
Beach county Department of Environmental
Resource Management and the Florida
Department of Environmental Regulation.
Objective: 2 . 2 .0 Within one (1) year of the submittal of
the Comprehensive Development Plan, the
village shall adopt an ordinance
recognizing the unique estuarine
environment or the Indian River Lagoon
Aquatic Preserve and amend its Code of
Ordinances to prohibit, development along
its shores that will destroy or disturb
the vital sea grasses within its
jurisdiction.
C-5
Policy: 2. 2 . 1 The Village shall prohibit development or
modification of the shoreline within the
Indian River Lagoon Aquatic Preserve
except to provide for the water-dependent
and water-related, land uses such as
marinas, provided that the siting of such
shall be consistent with the proposed
Palm Beach County marina siting ordinance
and Policy 1. 1. 7 of the Coastal
Management Element or where the
modification or development is necessary-
for the continued health, safety and
welfare of the public.
Objective; 2 . 3 . 0 'Within one (1) year of the submittal of
the Comprehensive Development Plan, the
Village shall amend its Code of
Ordinances to provide for the protection
of the Indian River Lagoon Aquatic
-
Preserve by prohibiting development in
the area that will degrade or otherwise
adversely affect the water quality or
wetlands of this unique estuarine
environment.
Objective: 2 . 4 . 0 Within one (1) year of the submittal of
the Comprehensive Development Plan, the
• Village shall amend its land development
codes to direct future development away
from the coastal high-hazard areas as
defined and established by Policy 2. 1.1,
Coastal Management Element.
Policy; 2. 4 . 1 The Village shall amend its land
development regulations and review
process to prohibit development in the
coastal high-hazard area and continually
update its Code of Ordinances to assure-
that changes in the federal flood
insurance policies are incorporated.
Objective: 2. 5.0 Within one (1) year of the submittal of
the Comprehensive Development plan, the
Village shall amend its Code of
ordinances to prohibit development in
flood hazard and coastal high-hazard
areas and shall prohibit public
expenditure of funds for infrastructure
in these areas.
C�-6
Polioiee: 2.5. 1 The Village shall amend its land
development regulations to limit the
amount of impervious area permitted in
the development of flood prone areas by
establishing minimum green space
requirements pursuant to a master
drainage plan for the coastal area.
2 . 5.2 The Village shall amend its Code of
Ordinances to prohibit septic tank and
private sanitary sewer systems in the
coastal high-hazard areas.
Objective; 2 .6. 0 Encourage local residents within the
hurricane flood areas to utilize the
flood insurance programs developed by the
Federal Insurance Administration.
Policies: 2.6. 1 The Village shall amend its Code of
Ordinances to provide for the continued
support of the Federal Flood Insurance
Program and make available to Village
residents and developers information on
flood zones, flood rates and flood
insurance.
Objective: 2 .7. 0 Within one (1) year of the submittal of
the Comprehensive Development Plan, the
Village shall review its internal
drainage system and analyze its
capability of providing proper relief
from hurricane flood waters. Based upon
this analysis, the Village shall provide
for necessary improvements to the
existing system through updates to the
Capital Improvement Program.
Policy: 2 .7. 1 Specifically, support the Jupiter Inlet
District in achieving the above objective
by channel dredging or other effective
measures.
Objective: 2 .8. 0 Maintain, and where needed, create and
expand outdoor recreational facilities
in the coastal zone for the benefit of
the environment and residents of this
areas. (See other related Plan
Recommendations in Recreation/Open Space
Element) .
C-7
•
Policies: 2 . 8. 1 The Village shall establish Level , of
Service standards for public access areas
within the five (5) year planning period
and amend the Code of Ordinances to
require public access easements to the
beaches and shoreline for new development-
in the coastal area.
2 . 8. 2 Park and recreation development in
Tequesta should carefully consider
wildlife values.
Objective: 2 . 9.0 Establish land use controls that will
encourage recreational-oriented
development and allow for future
expansion of recreation facilities in
desired areas of the jurisdiction.
Policy: 2 . 9. 1 The Village should consider lease
arrangements of public areas to private
entities to develop recreational
facilities, when appropriate.
Objective: 2 . 10. 0- Encourage air monitoring programs to
continue throughout the area by local
pollution control agencies.
Policies: 2 . 10. 1 The Village should continue to support
efforts of local pollution control
agencies to monitor air quality in the
Village.
2 . 10.2 The Village should coordinate and
cooperate with local pollution control
agencies to assure appropriate local
input.
Objective: 2. 11. 0 Within one (1) year of the submittal of
the Comprehensive Development Plan, the
Village shall adopt water conservation
measures to provide for emergency
conservation of water services.
Policy: 2 . 11. 1 The Village shall develop its water
utilities rate structure to provide for a
surcharge for heavy users of water and
institute a program designed to cooperate
with the South Florida Water Management
District in times of water conservation
emergencies through its Code of
Ordinances.
C-8
Objective: 2 . 12.0 Within one (1) year of submittal of the
Comprehensive Plan, the Village shall
adopt measures regulating the management
of hazardous wastes and materials.
Policy: 2 . 12 . 1 The Village shall adopt an ordinance
regulating the storage and disposal of
hazardous wastes and materials.
Objective: 2 . 13 . Q Tequesta will protect and conserve
Langroves. wetlands and se3g_rasses to
ensure that ttare will by no net loss of
the existing natural resourcgs within the
Village.
Policy; 2 . 13 . 1 Mangrove, wetlands and seacrasses areas
within the Village shall be deemed
environmentally sensitive, in recognition
of their' many natural functions and
values. and. to further the public
,interest, shall be protected from
• incompatible land uses. The Village
Phan afford protection to all these
resources regardless of size.,
2. 13 . 2 The definition of mangroves and wetlands
to be used for regulatory purposes by the
Village shall be the most comprehensive
definition of the definitions of wetlands
used by the South Florida Water
Management District, the _ Florida
Department of Environmental Regulation
and_ the U. S. Arm Corps of Engineers.
representatives of these agencies will be
contacted for assistance in identifying
the location of all wetland areas within
the Village.
2. 13. 3 The location of mangrove and w tland
areas shall be identified by survey at
cA the time of site development review on A
site-by-site basis. The Village shall
duW not issue a development order or permit
� for a _parcel until all wetland areas on
C,q �, that parcel or immediate adjacent to
the proposed development have lamp
Cei identified and located
2. 13 . 4 No development, including residential
development, shall be permitted within
mangrove or other wetland areas unless
project alternatives that would avoid '
inangrovQ and wetland impacts are
unavailable and mitigation is provided by
the analicAnottpet adverse impacts.
For purposes of this policy, sufficient
mitigation is as required by Florida
Administrative Code Rules •17-312 . 3
through 17-312 .390. It is intended tbat
all standards in these citations are to
apply to all new development and
redevelopment and that any exemptions or
exceptions in these citations, including
project size thresholds, are not
aiplicable,
2 . 13 . 5 The village shall permit within mangrove,
seagrass -and wetland areas: elevat d
piers, docks, and walkways of no more
than five feet in width, unless vehicular
access in the for of a golf cart or
similar vehicle is necessary, in
conjunction with a permit from the
Florida Department of Environmental
Regulation pursuant to Chapter 17-2.7L
F.A. C.
2 . 13 . 6 Within mangrove, seagrass and wetland
areas,_ all piers. docks and walkways
shall be constructed on pilings.
' 2 . 13 . 7 Np pier. dock or walkway shall be located
on submer9ed land which is vegetated
with seagrasses except as is necessary tQ
reach waters at a depth of one foot below
the lowest point in a boat including the
motor for' docking facilities. The
docking terminus shall not be located
. over a seagrass bed,
2 . 13 . 8 Bulkheads and seawalls shall be permitted
only to stabilize disturbed shorelines or
to replace deteriorated existing
bulkheads and seawalls. Rip rap shall be
placed at Athe toe of all replaced
bulkheads and seawalls..
2 . 13 . 9 No dredging or filling shall be permitted
whin mangrove and wetland areas or on
seagrass beds in the Village unless
project alternatives that would avoid
mangrove. wetland and se grass impacts
are unavailable and sufficient mitigation
• 'ate
s ,
•
is provided by the applicant to offset
adverse impacts. For p .ores of this
policy, sufficient mitigation is as
required by Florida Administrative Code
Rules 17-312 . 300 through 17-312. 390. It
12 intended that all standards in these
citations are to apply_ to all new
development and redevelopment and that
any exemptions or exceptions in these
citations. including project size
thresholds, are not applicable_
2 . 13 . 10 Drainifields for seatic tanks shall not be
permitted In -mangrove and wetlands areas.
2 . 13, 11, Graywater discharge shall not be
permitted in mangrove and wetlands areas
except as may be required by ENCON and as
permitted pursuant to Fla. Admire. Code
ph. 17-610 and 17-611.
2 . 13 . 12 A buffer zone of native upland edge
vegetation around mangrove and wetland
areas and along the shoreline is requir.e4
order to protect the wetland and
shoreline areas from the impacts,
including stormwater runoil, of adjacent
development The buffer zone shall
consist of preserved native vegetation,
including canopy, understory and around
cover. If there is no native vegetation
on the site. a planted vegetative buffer
shall be required. The buffer zone shall
begin at the upland limit of any mangrove
or wetland area, including the
' transitiona vegetation zone, and shall
be no less than twenty-five (25) feet in
width at any point unless otherwise rot
achievable ,due to platting, right of wav
easements, utility easements or access
easements existing at the time of
adoption of this comprehensive plan.
2 . 13 . 13 Alteration of_ mangrove and wetland areas
PS' chemical defoliants shall not be
permitted. Any mangrove or wetland area
which serves as an active nesting site or
as a nesting or breeding area for a
colony of birds shall not be altered.
Objective: 2 . 14 . 0 The Village shall implement measures to
identify and protect native wildlife
their Habitats. including state and
federally protected plant and animal
specs s (endangered, threatened anta
species of special concern) . within
.proposed development sites and protect
there jatural resources from the impacts
of development]
Policies: 2 . 14 . 1 Require the evaluation and proper
management of native wildlife and
vegetative communities i,._nclud inq
endangered, threatened, and species of
special concern by reauiring that all
proposed development sites of 5 acres or
more regardless of use be surveyed by an
ecologist. biologist or other similar
• professional for the presence of state
and federally protected plant and animal
species. Criteria for site surveys shall
be specified in the Village' s land
development regulations and are to be
professionally accepted techniques for
such surveys. Site surveys shall address
• the size and distributiDm of the native
habitat, wildlife and listed species
populations withinLa proposed development
site, the easibility and viability of
On-site protection and management,
whether the proposed development mite
includes a wildlife corridor and the
. feasibility of maintaining the wildlife
corridor. The survey shall also address '
the appropriateness of mitigation to on
acceptable offsite location in the event
that onsite mitigation is shown to be
•
ineffective Protection of any wildlife
and protected plant and animal species
found on the site and their habitat will be required as part of the overall
development plan submitted for
development approval.
2 . 14 . 2 The Village shall request the assistance
of the U.S. Fish and Wildlife Service.
the Florida Game and Fresh Water Fish
Commission and the Florida Department of
Natural _Resources in the implementation
of recovery programs for state and
federally protected plant and animal,
'=r '
Species as part of the development Plan
for sites of 5 acres or more iZize.
2. 14 . 3 For deve1ovmejtt on sites less than 5
acres, the Village's land development
regulations shall require the retention
and use of native vegetation on-site to
fulfill part of the landscaping
requirements require the protection of
sp tree
ecimen s (specimen trees shall be
defined as those trees which have a
diameter at breast height (dbhl of twelve
inches or morel.; require the use of tree
protection barriers during the time heavy
construction equipment' is used on-sire
fox }andclearinq and delivery of building
materials) and, require site developmen
design using such techniques as
clustering and locating driveways_and
roaaways on the least environmentally
sensitive portion of the site.
objective: 2 . 15. 0 The Village shall reguire the
conservation and use of native plant
species in the developed landscape and
prohibit the spar ad of exotic nuisance
species such as Australian pines.
melaleuca and Brazilian pepper.
yolicies: 2 . 15. 1 The Village shall require the use of
native plant species in the landscaping
of new development projects and additions
to e istinq prof. pts and require the
removal of exotic nuisance plants from
the sites of _pew development.
2 . 15. 2 The Village shall maintain and distribute
a recommended native plant list and other
educational _materials to increase public
awareness of the need to utilize native
plant species in the developed_ landscape
and eliminate exotic: nuisance plants from
exitir►g developed areas.
2 . 15. 3 The Village shall require the
conservation of specimen trees and
existing . native vegetation in new
development projects and retain these
trees In existing developments.
2. 15.4 he village shall develop a program to
plant native trees in public rights-'of-
way and other public lands. whenever
practical. thereby adding to the
Village's aesthetic appeal and nrovidinq
habitat for urban wildlife.
2 . 15. 5 The Village shall develop programs on
Village-owned or leased lands to
eliminate exotic nuisance Dist species.
JAJ:13153-1\votconsv
ExHlnrr '
C O A S T A L ZONE MANAGEMENT
Goal: 1.0.0 Protect, conserve and enhance coastal
resources while providing for water-
dependent land uses in a manner
consistent with the general health,
safety and welfare of Village residents,
and visitors.
Objective: 1. 1. 0 Protect and enhance coastal and estuarine
environmental quality and other natural
resources by adopting specific ordinances
or revising existing code provisions
related to water quality, shoreline
stabilization, wetland preservation and ,
wildlife and habitat protection within
one (1) year of the submittal of the
Comprehensive Development Plan.
Policies: 1. 1. 1 The Village shall cooperate with agencies
and municipalities serving to protect the
resources of the Loxahatchee River and
Indian River Lagoon Aquatic Preserve by
actively coordinating with the
development of estuarine policies that
shall be, at a minimum, consistent with
present management plans through
participation in agencies including, but
not limited to, the Loxahatchee Council
of Governments, Jupiter Inlet District,
Martin County and the Palm Beach
Countywide Beaches and Shores Council.
1. 1.2 Preserve all existing wetland areas
identified on the Coastal Management/
Conservation Map by adopting through
ordinance, the Palm Beach County
Mangrove Protection Ordinance and by
requiring the protection of existing,
native wetland vegetation buffers
adjacent to the Loxahatchee River and
Indian River Lagoon estuaries as
revisions to the appropriate Village
land development regulations. Exceptions
shall be provided for water-dependent and
water-related land uses that have been
determined to be consistent with
management plans for these estuaries or
when modification of said wetlands is
CM-1
necessary for the continued health,
safety and welfare of the public.
Objective: 1.2. 0 Within one (1 ) year of the submittal of
the Comprehensive Deve]opment Plan, the
Village shall amend its Code of
Ordinances to provide for the continued
protection of estuarine water quality and
resources.
Policies; 1. 2. 1 The Village shall amend its Code of
Ordinances to restrict urban stormwater
run-off from entering the Loxahatchee
River and Indian River Lagoon estuaries
and amend its landscape regulations to
promote vegetative filtering of
stormwater pollutants.
1. 2 . 2 The Village shall cooperate with the Palm
Beach County Health Department and
Department of Environmental Resource
Management to continue to monitor their
water quality sampling stations located
within the Village and incorporate
substantiated water quality controls
(e.g. drainage) into the development
review process to ensure that future
development in the coastal area does not
contribute to the degradation of
estuarine water quality. •
Objective: 1. 3 . 0 Within one (1) year of the submittal of
the Comprehensive Development Plan, the
Village shall amend the Code of
Ordinances to preserve and protect
existing coastal resources while
providing for future water-dependent and
water-related land uses.
Policies: 1. 3. 1 The Village shall establish Level of
Service ' standards for sitting
water-dependent and shoreline land uses,
including but not limited to, marinas,
boat ramps and public access areas, by
incorporating into its Code of Ordinances
access and land dedications for future
development and redevelopment in the'
coastal area. These Level or Service
standards shall be established within the
five (5) year planning period.
CM-2
1. 3 . 2 The Village shall preserve and protect
existing sea grass areas as a vital food
source for manatees and a nursery for
estuarine species by prohibiting dredging
and filling activities in or near these
areas except where expressly provided for
in the development of water-dependent
land uses or where it is necessary for
the general health, safety and welfare of
the public.
1 .3. 3 The Village shall ensure that marinas are
sited to minimize impacts on coastal and
estuarine resources by coordinating the
development of a marina-sitting ordinance
with Palm Beach County and the Regional
Planning Council,
1. 3 . 4 The Village shall promote the protection
of the Loxahatchee River through adoption
of the Loxahatchee River Wild and Scenic
River Management Program and adoption of
its recommendations.
Objective: 1 . 4 . 0 Coordinate with the Jupiter Inlet
District to achieve more adequate
renourishment to the south of the Jupiter
Inlet; otherwise continue to protect the
beach and dune system.
Policies: 1. 4 . 1 Cooperate with the Jupiter Inlet District
to ensure adequate renourishment to the
beach area south of Jupiter Inlet and
continue to support County efforts to
implement the U.S. Army Corps of
Engineers plan for additional sand
pumping capability by adopting a
coordinated, multi-jurisdictional plan in
cooperation with the Council of
Governments, Jupiter Inlet District, Palm
Beach County, and the Corps of Engineers.
1.4 . 2 Continue to use land use controls to
prevent construction that adversely
impacts the dune and its vegetation
system.
Objective: 1. 5. 0 Continue the Village policy of avoiding
an increase in infrastructure capacity
unless public safety so requires.
CM-3
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i
Policies; 1.5. 1 The Village shall review any infra
structure capacity increase that would
induce and 'subsidize development.
1. 5.2 Maintain the current basic density
controls in the Coastal Area so that the
Village will experience only minor new
residential development and thereby not
jeopardize hurricane evacuation times.
Objective: 1. 6.0 Within one (1) year of the submittal of
the Comprehensive Development Plan, the
Village will amend the Code of Ordinances
to require dedication of public access
easements to those privately-owned
shoreline areas that receive public funds
for beach renourishment and shoreline
stabilization projects. -
Policies: 1. 6. 1 Work with the County to maintain general
public parking and access via the Coral
Cove Park.
1. 6. 2 Encourage intergovernmental coordination
with Palm Beach County in future planning
of Coral Cove Park.
Goal: 2. 0. 0 To preserve and enhance the significant
natural features in Tequesta.
Objective: 2 . 1. 0 Within one (1) year of the submittal of
the Comprehensive Development Plan, the
Village shall review and analyze its
internal drainage system to evaluate its
effectiveness in reducing urban
stormwater pollutants from entering the
estuaries and groundwater within its
jurisdiction.
Policies: 2 . 1. 1 Continue to review development plans in
order to require on-site detention of a
substantial portion of stormwater runoff
in the coastal zone, in coordination with
the South Florida Water Management
District.
2 . 1.2 Within one year of submitting this plan,
change appropriate development codes, as
necessary, to assure adequate controls
over hazardous wastes.
CM-4
2 . 1. 3 The Village shall incorporate the
appropriate recommendations of the
Areawide 208 Plan designated to reduce
non-point source pollutant loading to the
Loxahatchee River and Indian River Lagoon
Aquatic Preserve into its development
review procedures and review its current
drainage system in terms of design
criteria established by the South Florida
Water Management District.
Objective:' 2 . 2 . 0 Within one (1) year of the submittal of
the Comprehensive Development Plan, the
Village shall amend its Code of
Ordinances to provide for the protection
of existing native vegetative communities
and wildlife habitats.
Policies: 2 . 2 . 1 Continue to review all development
applications in the context of the
pervious cover and landscaping provisions
of the development code; be particularly
diligent in the review of any coastal
area projects such as any development in
mangrove areas.
Policies: 2 . 2 . 2 Work with County and State park officials
to assure that any park improvements are
sensitive to the mangrove and other
vegetative/wildlife/marine habitats.
2 .2 . 3 The Village shall incorporate Ecosite
No. 61, identified in the Coastal
Management/Conservation Map and the
support documentation text, by
appropriate zoning and provide for its
continued protection by limiting future
use of this site to uses that are
compatible with its important vegetative
covering and wildlife habitats.
2 . 2 .4 The Village shall amend its landscape
regulations to require the removal of
exotic species on the beach and dunes
during renourishment, stabilization or
revegetation projects and the substitute
replanting of native dune and beach
vegetation.
2 . 2 . 5 The Village shall designate all
publicly-owned spoil islands within its
jurisdiction as "conservation areas" on
CM-5
J q
the Future Land Use Map to ensure their
future as protected wildlife habitats.
.,1 6 By 7.99]., the V' la�{e shall request the
assistance of Palm Beach County, the
municipalities and the marina industry to
sevelop and participate in a manatee
protection program which:
(a) requires operators of new and
existing marinas and boat _ ramp
establisk and_ maintain a permanent
manatee educational display at a
prominate location at these
fagi`lities. Information to bg
provided or displayed would include
regulations protecting manatees and
exiting slow speed or idle zones as
well as additional information
available from the Florida
Department Of Natural Resources and
U. S, Fish and Wildlife Service. The
Village shall establish and maintain
a display at public boat launch
facilities
(b) requires those involved ill the sale
of looats and motors ' to provide
manatee information to the buyer at
the time of delivery of boats or
mo Qru; and
,u ensures that prospective renters,
lessees or owners of slips be
prohibited from using the facility
if they are found in violation _Ot
marine laws which_ are intended to
protect manatoec.
2 , 2 . 7 By January 1991, the Village shall adopt
a manatee protection ordinance which, at
GO' a minimum:
h(°''q` ,(a) designates the waters in and around
marina and boat ramps as a _n_Qira}ie
��(0 or idle speed zone;
C1121 designates slow speed zones where
manatees feed or congregate;
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isa prohibits the touching, harassing,
harming or killing of manatees:
1la requires._ as a condition of approval
£Qr all new or expanding marinas and
boat ramps. a manatee protection
program to be implemented at these
facilities;
(e) provides standards for locating
boating facilities where there will
Pe no detrimental impact on the
manatees: '
(f) requires _the Village to submit all
requests for development orders for
new or expanding boating facilit R/
(incluSling boat ramps and more than
one slip or docking facility per 100
feet of shoreline) to the U,S. Fjsh
and Wildlife service and the Florida
pepartment of Natural Jesources for
comment prior to approval. Any
development proposal that is
determined to cause probable harm to
manatees shall not_ be approved.
This policy shall :1l_ prohibit a
waterfront lot from securing a•
single dock for that lot;
121 provides for the posting of manatee
protection (awareness) and speed
zone signs in manatee protection
areas to advise boaters of the
presence of manatees;
Dal limits the use of motorized boats in
Accordance with 16-N7,22 . 009. Fla.
lldmin. Code and
(i) provides for local enforcement.
(1) provisions (c) , (d) and (f) shall:
apply as a policy of this plan prior
to adoption of a manatee protection
ordinance.,
Goal: 3. 0. 0 Protection of preservation areas to
the maximum degree possible while
consistent with private property
rights.
Objective: 3. 1. 0 Within one (1 ) year of submittal of
the Comprehensive Development Plan,
the Village will adopt the Palm
Beach County Mangrove Protection
Ordinance and assist the County in
enforcing the Ordinance and
identifying mangrove areas and other
sensitive environmental wetlands.
Policies: 3 . 1. 1 The Village shall require the
preservation or mitigation of
existing /mangroves in accordance
with the Palm Beach County Mangrove
Protection Ordinance.
3 . 1 . 2 The Village shall amend its Code of
ordinances to . provide for the
cooperation by appropriate
governmental authorities—to ensure
the maintenance of protected natural
resources such as mangroves and sea
grasses.
3 . 1 . 3 The Village shall amend its Code of
Ordinances to restrict public and
private development affecting
' coastal mangrove areas, except where
such development is necessary to
protect the health, safety and
welfare of the public.
Objective: 3 . 2. 0 Avoid or minimize adverse impact
upon coastal mangrove systems from
public works activities, such as
transportation, mosquito control,
and drainage activities, by the
review of such projects ' adverse
effects on the system.
Policy: 3 . 2 . 1 The Village shall amend its Code of
ordinances to prohibit public
expenditure of funds that will
adversely affect existing mangrove
areas or sea grass beds.
Objective: 3 . 3.0 Within one (1) year of submittal of
the Comprehensive Development Plan,
the Village shall amend its Code of
Ordinances to preserve all existing
mangroves within its jurisdiction by
incorporating the standards and
CM-8
a .
criteria of the Palm Beach County
Mangrove Protection Ordinance.
Policy: 3 .3. 1 The Village shall amend its
landscape regulations to provide for
the protection of all mangrove
areas within one year of submittal
of Comprehensive Development Plan.
Objective: 3 . 4 . 0 To expressly prohibit
new
construction to take place oceanside
of the designated construction
setback line or in an area that
would threaten the stability of
either the primary dune or the
beach itself.
Policies: 3 . 4 . 1 The Village shall prohibit new
construction seaward of the coastal
construction setback line and
modification to the existing dune
system. All access from upland
areas to the beach will be by way of
a dune walkover.
3 . 4 . 2 The Village should prohibit new
development east of the state
designated coastal construction
setback line unless the Village
establishes more restrictive
•provisions at the local level. In
such cases, the local provisions
should be adhered to.
3 .4 . 3 The Village should establish new
setback lines in local codes or
ordinances if the state setback
lines prove to be inadequate.
Objective: 3 .5. 0 Within one (1) year of submittal of
the Comprehensive Development Plan,
the Village shall amend its
landscape regulations to require the
use of native vegetation for dune
stabilization.
Policies: 3 .5. 1 In areas where beaches and dunes
are being eroded, the Village should
encourage a multi-jurisdictional
approach to stabilization and
restoration projects as appropriate.
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3 .5.2 Where appropriate, previously
disturbed indigenous vegetation
areas should be renourished and
replanted.
3 .5. 3 The Village shall amend its
landscape regulations to encourage
the removal of exotic vegetative
species and the substitute
replanting of native species.
3 .5.4 The Village shall amend its
landscape regulations to require the
use of Xeriscape materials, where
possible, and identify which
non-native landscaping might be
appropriate for use within the
Village.
Objective: 3 . 6. 0 Support programs that will ensure
adequate access to public beaches
while maintaining dune stability.
Policy: 3 . 6. 1 When appropriate, the Village should
seek means and innovative techniques
to allow proper access to beaches
while protecting the future
integrity of the dune system in such
future beach acquisitions.
Objective: 3 . 7. 0 Within one (1) year of submittal of '
the Comprehensive Development Plan,
the Village shall prohibit all
private motor vehicles from driving
on the beach and dune system by
strictly forbidding such practices
through its Code of Ordinances. An
exception shall be provided for
emergency vehicles and those
associated with beach restoration
and cleanup, provided that the
latter are restricted to the area
adjacent to the mean high water line
and meet the specific provisions of
the Palm Beach County Sea Turtle
Protection Ordinance.
Policy 3 .7 . 1 Village ordinances and regulations
should delineate which motorized
Vehicles are to be prohibited from
driving on the primary dunes.
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Policy 3.7 . 2 The Village shall adopt by
January 1991. a sea turtle
protection ordinance whiCt
includes, but is not limited to
the following:
la) the prohibition of horseback
riding and campfires on or
seaward of the primary dune
during sea turtle nesting r'
season, and extending to all
areas landward of the primarly
dune where sea turtles are
known to nest:
(bi the grohibition of disturbing,
tout ing. harassing, kil]ina or
taking of any spa_ turtle.
hatc ,l na, egg or part of same;
(c) he submission of a Sea Turtle_
Protection Plan for Tequesta 's
approval, in consultation with
the Florida Department of
Natural Resources, for any
development that involves
coastal construction;
(d) standards for coastal
construction to eliminate or
minimize .impapta on sea
turtles, their nets and eggs;
,Lei, prohibition of off-road
vehicles during the nesting and
hatching seasons
,(f) standards for site development
that protect sea turtles:
,(q) restrictions and standards on
nighttime lighting for both new
and existing development and
additional restrictions during
nesting seasoj;
(h) standards for existing beach
access _poi nts.1
,(i 1 standards for bea.Qh and dune
preservation, stabilization ox
restoration, as appropriate,
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and standards for mechanic
beach cleaning 2S0 that sea
turtle nesting is not
disturbed, and
(i), provides for enforcement
(k) provisions Tap. (b) and 1e)
shall apply as policies of this
plan prior to adoption of the
ordinance.
Goal: 4 , 0. 4 The complete consideration of
identified use limitations in future
coastal zone planning and management
decisions by the Village.
Objective: 4 . 1.0 Within one (1) year of the submittal
of the Comprehensive Development,
the Village will amend its Code of
Ordinances to, prohibit the
disturbance of the sensitive se
grass beds and productive mangrove
and high marsh. areas adjacent and
within the Indian River Lagoon
Aquatic Preserve, except when
necessary for the continued health,
safety and welfare of the public.
Policy: 4 . 1. 1 The Village shall amend its
landscape regulations to require a
twenty - (20) .foot landscape buffer
zone along the Indian River Lagoon
Aquatic Preserve in order to insure -'
that this environmentally sensitive
estuary is left undisturbed.
Objective: 4 . 2.0 The Village shall establish, by
amendment to the Code of Ordinances,
a coastal high-hazard area and
provisions limiting development and -
redevelopment in the construction of
infrastructure in the `coastal
high-hazard area within one (1) year
of , the Submittal of the
Comprehensive Development Plan
except for dune walkovers and
beach-related structures.
Policies: 4 .2. 1 ' The Village should keep . abreast of
federal requirements to assure
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residents ' eligibility for flood
insurance.
4. 2 . 2 The Village should carefully
scrutinize all developments in flood
zone " areas as part of the planning
and review process.
Goal : 5. 0. 0 protect human life and limit
public
expenditures in areas subject to
destruction by natural disasters.
Objective: 5. 1. 4 Within one (1 ) year of the submittal
of the Comprehensive Development
Plan, the Village shall amend its
Code of Ordinances to restrict
public expenditure that subsidizes
development permitted in coastal
high-hazard areas except for
restoration or enhancement of
natural resources.
Policies: . 5. 1. 1 The Village shall establish a
coastal high-hazard area, as "defined
in support documentation and
prohibit, by amendment to its
development regulations, any
public expenditure for new
infrastructure, including, but not
limited to, water and sewer lines,
roadways and drainage systems-within
this area.
5. 1.2 Identify areas needing
redevelopment, including eliminating
unsafe conditions and inappropriate
uses as opportunities arise.
5. 1. 3 The Village shall review
existing coastal construction
regulations to determine the need
for revision based upon natural
disaster mitigation techniques
formulated by State and County
agencies and the Village
post-disaster redevelopment plan.
Objective: 5. 2 .0 The Village shall adopt hurricane
evacuation procedures that will
maintain or reduce hurricane
evacuation times within one (1) year
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of submittal of the Comprehensive
Development Plan.
Policies: 5.2. 1 Review at regular intervals any
hurricane evacuation methods and
keep abreast of procedures
regarding integration into the
regional local evacuation plan.
5. 2 . 2 The Village shall incorporate
hurricane contingency planning
into the marina sitting criteria and
procedures referenced in Policy
1. 3. 3 of this Element.
Objective; 5. 3 . 0 Within one (1) year of submittal of
the Comprehensive Development Plan,
the Village shall amend its Code of
Ordinances to provide for post-
disaster redevelopment plans which
will reduce or eliminate the
exposure of human life and public
and private property to natural
hazards.
Policies: 5. 3 . 1 The Village shall amend its Code of
Ordinances to distinguish between
immediate repair and clean up
actions needed to protect public
health and safety and long term
repair and redevelopment activities.
5. 3 . 2 The Village shall amend its Code of
Ordinances to provide for general
hazard mitigation including
regulation of flood plains, beach
and dune alterations, (building
practices, stormwater management,
sanitary sewers, septic tanks and
land use) -to reduce exposure of
human life and public and private
property to natural hazards.
Objective: 5. 4 . 0 Within one (1) year of submittal of
the Comprehensive Development Plan,
the Village shall amend its
development codes to prohibit
residential development in
coastal-high hazard areas as
defined in the amended Code of
Ordinances.
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Policies: 5.4. 1 The Village shall provide for the
service and maintenance of
infrastructure in the coastal
area, including but not limited to,
roadways, ' drainage and utilities,
through the Capital Improvements
Program and annual budget process
but shall restrict expenditure of
public funds in areas designated as
coastal high-hazard areas.
5.4 . 2 The Village shall amend its Code of
Ordinances to restrict redevelopment
in the coastal high-hazard area as
part of a post-disaster
redevelopment plan.
Objective: 5. 5. 0 Protect and preserve historic
resources by establishing an
archaeological and historic
resource review procedure in the
Village Code of Ordinances within
one (1) year of submittal of
the Comprehensive Development Plan.
Policy: 5. 5. 1 The Village shall prohibit
development and/or redevelopment of
sites that may be determined to
have archaeological or historic
significance by amending the Village
development codes to provide for a
review process by State and local
agencies and, if appropriate, the
requirement to conform to a
preservation plan.
Goal : 6. 0.0 Provide for the continued use of the
natural resources of .the Village and
ensure that adequate services are
available to serve Village residents
and the public to the coastal area.
Objective: 6. 1. 0 The Village shall establish Level of
Service standards for beach access,
infrastructure and water-dependent
land uses within one (1) year of
the submittal of the Comprehensive
Development Plan by amendment to the
Code of Ordinances.
Policies: 6. 1. 1 The Village shall establish a Level
of Service standard for providing
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beach access and incorporate that
Level of Service into the
development review process in the
coastal area by amending its codes
where necessary.
6. 1. 2 The Village shall define a service
area in the coastal area and
establish a Level of;- Service
standard for the phasing of
infrastructure by amending its
codes, where appropriate.
6. 1 . 3 The Village shall establish a Level
of Service for water-dependent land
uses and priorities for shoreline
uses and amend its Code of
Ordinances, where necessary, to
provide for their future
development.
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