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HomeMy WebLinkAboutDocumentation_Regular_Tab 3A_3/28/1991 LPiw .fly VILLAGE OF TEQUESTA VI ''`te r "'.tit„ w� a BUILDING DEPARTMENT �?�UES A � m m..,; ` 4.. Post Office Box 3273 • 357 Tequesta Drive - `tip S y Tequesta, Florida 33469-0273 • (407) 575-6220 s, MAR 2 2 1991, MEM' -'='' ' FAX: (407) 575-6203 VILLAEt MANAGEICE �S. . 2 . OFF TO: Thomas G. Bradford, Village Manager / - \ `: FROM: Scott D. Ladd, Building Official Id 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 ye . 1eiiii � c A ; IDS jc ,t� l!1� Oe� )(),e ��e �� s `�i or ORDINANCE NO. I t 0 6)) 'i_ 06) lQ ��)<� ��eiilt ANL�E NANCE OF THE VILLAGE COUNCIL OF THE PTING )O' Y,��'11 �gt� COMPREHEN IVE PLAN AMENDMENTS FOR OF TEQUESTA, rTHE AVILLAGE \' ,05etoil OF TEQUESTA IN ACCORDANCE WITH THE "LOCAL 2, SP GOVERNMENT COMPREHENSIVE PLANNING AND LAND Coy DEVELOPMENT REGULATION ACT" AS AMENDED BEING SFCTTON ] 63 . 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. a0 WHEREAS, pursuant to Sec. 163. 3161, et. seq. , Florida Statutes, the "Local Government Comprehensive Planning and Land ��CtSS Development Regulation Act", the Village of Tequesta, Florida, is required to adopt and periodically amend its Comprehensive Plan; L��� and SA ou �2a WHEREAS, on or about.!November 30, 198 i' the State of Florida determined_ that the Comprehensive Plan adopted by- Ordinance No. 321 on_October 12 , 198Mas 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 ia Stipulated settlement Agreement, regarding the determination of noncompliance; and . WHEREAS, on or aboutfNovember 8,_19901 the Village of Tequesta ' conducted a public hearing___for purposes of transmitting proposed; 1.' comprehensive plan amendments to the State of Florida Department of ' Community Affairs in accordance with the Stipulated Settlement # Agreement; and - - - . WHEREAS, the Department transmitted to the Village its Objections, Recommendations and Comments_ Report_ _regarding the proposed comprehensive plan amendments oniMarch_ 1, 1991;,; and WHEREAS, onr'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, 1991,7 the Village Council considered the recommendations of the Local Planning Agency and approved, on first V reading, this Ordinance adopting the comprehensive plan amendments; V and • WHEREAS, onfApril _11, 1991_,' the Village Council held a Public dyy0 1q\\ Hearing to consider adoption of the comprehensive plan amendments C L11) and thereafter, on second reading, adopted this Ordinance. OP 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 of 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". 1 1 1 ection 2. Severability. If any provision of thin 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. ection 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 PGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1991. MAYOR OF TEQUESTA Joseph N. Capretta ATTEST: Village Clerk JAJ:13153.1\ordtnance.421 • • / ./ i 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 cplans 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. PW--1 t i 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 PW-2 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 PW-3 f ) 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. Residential - 234 gallons/o pitajday Non Rco dential -- None Eotabliohed/L©C Ha Bcoident3al 354 qa4-lonsfe Non fe3idential None Eotabl.i-she LA.s • btandard—ehall be cotablishcd by--19-91: PW-4 1.4 . 7 The Village _shall enhance its Computer Billing System by January 1, 1991 to assist in identifying water consumptive use by user classifications. The Villaae 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: I3y 1991, installation of one (1) potable water supply PW-5 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: PW-6 l 1 • 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 r currently lacking full service or promotes in-fill development. Level Three - whether the project represents a logical extension of facilities and services within a odesiynated Village Planning Area. Objective: 1. 6. 0 By October 1994, achieve an average potable water consumptive use of 175 gallons Per capita per day (defimgd as the total amount of water used by all consumers in the Village divided by the Village's population) tbroualj the implementation of voluntary programs for existing development and iaandatory programs for_ net development and redevelopment. Policies: 1.6. 1 By ,July, 1991, the Village shall design and implement the following water conservation education programs: a1 Conduct a water conservation workshop involving water use and irrigation specialists who will providA practical information on how to conserve water on a daily basis artl how to efficiently operate irrigation systems. Such a program may be co-produced with t)tie South Florida Water Management District and/or other 'coastal communities with PW-7 8-Md pageaedo eae sue sKCg uoT4ebt zuT gotctM UT emTa ;o gnbuat ao/pue Aep 3o auz-1 'aAep ;o xaquznu ago buz4Tuif T5 •buTgseM aloYgaA pue saoueuequ veal butpjTnq 'buTgser►yslp se goers seT4TAT4oe uT pauznsuoo aa4eM ;o rtouz* age eonpas IITA g3TgM se6ueg5 teuoT4eaeio oT;ioaas 't"q' •eigetTene aaaq't 'saoanos aageM (atge3od-uou) enTgeuaaltn ;a asn puu uoT4woTJt.uepi aqy T :apntouc S em 4oTgM sjeoT pue sueaboaci uoTgonpaa ae4eM oT;Toads Jo uorgequauarduzT atm uodn aaa6e putt t ;Tauapt o4 west .ZG ,QM IeTquatTsaa 30 %g doq ago pue szasrt ia4em IeT gpprsai _uou Tie u;TM ATTenpTATTRIT 4aaut Ttegs obvttTA ago 't66t ',Mir-AU Z •9 •I s'butprtnq 'tT4uapTsea-[emu pue IeT4u-apTsea ui pu suet 4ueadotanap arts u'T pasn act Xeuz ;eqc saT'ba4ez3.s UoTgeA.zasuoo .za;eM uo suoT3e tnsuoo ion atgetTene ac( tt o M aaSojduza atgeabpaptou)( aneg rip+ wea4aedao sa 4TIT4II abeTTTA ay,t Tp •squeagsntpe uoT4ebtaaT aaeTadoadda 151132Maoaa pue uosVas uT seBuet(o ggTM �a tpaaoo eq p/nogs se pcin gone •seTbege. 4s pue - senbTugoa4 SuTAes-aegVm Mau pue •smea5bxd buzob-uo ;o 3• Goons aye rsieob uoT;eAzesuoo xaeM 3o saYepdn Aj2a42enb tTeui auq g5no.iu; a(STAoad T3 'suot egtnsuoo TIMPTKIPuf zo; ae; peon as e s4aedxe u-otgebtaxt epTAdla Tiff •se;ea uoi 4du nsttoo a e4Taeo xad tq C • dam, Retrofitting existina systems such as shower heads,_,_Sjj faucets, toilets, and wash basins with new water-2AYing devices. a Retrofitting existing irrigation systems with water- saving devices such as drip lines , timers. and tensiometers. In all cases, expenditures made by the water consumer shall he Lequnoble in terms of the benefits reeved as__measuxed v the aat_u l amount of water saved, the dollar amount saved and the public recognition received. However, a cost benefit atio 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. 1. 6. 3 The Village shall implement 0 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 By July 1, 1991, adopt and implement the following_ regulations which shall apply to new development and r ye.l opfient: 1 The use of xeriscaue and native vegetation on a portion of development sites. hl The use of soil tensiometers or similar control mechanisms in all irrigation systems. a The use of in-home water saving plumbing devises such As low volume shower heads and toilets. PW-9 1. 6. 5 If tile water consumptive use has not been reduced to an average of 175 gallons per capita uer day (defjr as the total amount of water used by all consumers in the Village diviied. by the Village's pptllation) by October 1994 . the Village shall adopt and implement ' mandatory reduction programs within six months which will result in achieving the average Potable water consumptixe use of 150 gallons per capita per day (as defined above) by October, 1999 . Mandatory _programs to be considered by the Village include: al An ordinanco restricting the number of days, time of day and ,length of operation of .ai, irr_igation 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., cZ Adoption of an "inverted" rate structure _such that the price of water increases proportionately with amount consumed. al 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-aoina water conservation programs and, evaluate them for their effectiveness in achieving the PW--10 It-Md lalehlon\I-£SL£l:for •po .za Zt?a ua p anT; %0 to3 aq� 03 TnP qos uoT onpaz aa4et Mau T puauutoo L eqs dya aqs •e an ay u pa uau T aq pin qs T-Angpaur u3Tlen1esu0o Teuot;Tppe ;T autuaalap oa pazntvu8 eq TTE is se3ua.za;;ip W T;tu6Tg • e4sanbej Ur—plIT ; Mom; a. adutoo pug Ep1Ioj3 UT seT urami53 .-aq;o , UT puno; saw u0T4dutt�suoa 3ag1~M s IEue of apn ouT TIaga UK3 atiy 6'9 't pauea asotrT ;o not;dopy pu4tuutooai puv a TTn 'au 0 qe T ,4ua�o a�8 �8q an qaa uoavn.as-Uo3 ,1-64EM I -uo tpp ;o MaIrlia.1 a -emit oUt T Tvgs dy2 etly Z •uvtd s'tgq Aq pagsTTgf4se sanTpoa, go pu sT o oz� nz suo C ONSERVATIQN 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 € s Reaulatiorl air quality regulations. POlioies: 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 widenings 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 e* in the Coastal Management/ C-1 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 zone 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. VN jMv�i��v: 1.5. 0 w thin �.^.2 (1) y 6ohr of the affhtni ttn1 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. C-2 • Objectives 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 #61 and #63 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 C-3 and other acceptable beach access structures. 1. 7 . 2 The Village should prohibit new development east of the state designated otee 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 tihe 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. C-4 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 of 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 y „z Policies: 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 mangroves . wetlands and sea rasso to ensure that there will be no net loss of the existing natural resources within the Village. Policy: 2. 13 . 1 Mangrove, wetlands and se ,arasses areas within the Village shall be deenn environmenta fv sensitive, in recognition of their many a_ltural functions and values, and. to furthere public • ,interest, shall be protected from • incompatible land uses. The Village shall 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 th.t 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 V. S. Army Corps of Engineers. Representatives of these agencies will be contacted for assistance i identifying the location of all wetland areas within. the village. 2. 13. 3 The location of mangrove and wetland Csf areas shall be identified by survey at the time of site development review on a site-by-site basis. The Village shall °�d�W�' not issue a development order or permit e\ti for a _parcel until all wetland areas 1212 C, 'L that parcel or immediately adjacent to 11 Lt the proposed , _ development have een a identified and located. • 2 .13 .4 No development, including residential development, shall be permitted within mangrove or other wetland areas unless 1 project jalternatives that would avoid- mangrove� and wetland impacts are unavailable and mitigation is provided by the applicant to offset adverse iWaCte. For purposes of this policy, sufficient mitigation is as required by Florida Administrative Code Rules 17-312 . 3QQ through 17-312 . 390. It is 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 . 5 The village shall permit within mangrove, seaorass -and wetland areas: elevated piers, docks, and walkways of no more than five feet in width, Mess vehicular, • access in the form of a go f cart or similar vehicle is necessary, in conjunction with a permit from the Florida Department of Environmental Regulation. pursuant to Chapter 17-2.7, F.A.C. 2 . 13 . 6 Within mangroves seaorass and wetland areas, all piers, docks and walkways shall be constructed on pilings. ' 2 . 13 .7 No pier, dock or walkway shall be located on submerged land which is vegetated with seagrasses except as is necessary to reach waters at a depth of one foot below the lowest point in a boat including tbm motor for' docking facilities. The docking terminus shall, not be located . over a seagrass bed, 2 . 13 . 8 Bulkheads and seawalls shall be perm tted only to stabilize disturbed shorelines or to replace deteriorated existing bulkheads and seawalls. Rip rap shall be p aced at Athe toe of all replaced bulkheads and seawalls, 2 . 13 . 9 No _dredging or filling shall,be permitted within mangrove and wetland are s or on seagr'ass beds in the Village unless protect alternatives that would avoid maggrove. wetland and seagrass impacts are unavailable and sufficient mitigation • xG-. o • • is provided by the applicant to offset adverse impacts. For py,rooses of this policy, sufficient mitigation is as required by _Florida Administrative Code Rules 17-312 . 300 through 17-312. 390, It intended tt t all standards in these citations are to app}y_ 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 prainfields for septic tanks shall ngt be permitted in mangrove and wetlands areas. 2 . 13, 1k Graywater discharge shall not be pgry4lIed in mangrove and wetlands areas except as may be required by ENCON and as permitted_ pursuant to Fla. Admit, Code ph. 17-610 and 17-611. 2 . 13 . 12 A buffer zone of native upland edc, vegetation around_ mangrove and wetland areas and _along the shoreline is required £n order to protect the wetland and shoreline areas from the impacts including stormwater ruo9IS� 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 ' transitional 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 way 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 by Chemical defoliants shall not be permitted. Any mangrove or wetland area which ser_v_es as an ac ive 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 and their hebitats. including state and federally Protected plant and animal species (endangered, threatened and species of special concern) } within proposed development sites anprotect these natural resources from the impacts of development Policies: � 14 . 1 Require the eya1uation and proper management of native wildlife and vegetative comm nities including endangered, threatened, and species of special concern by requiring 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 speciesL. Criteria ftlx. 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 distribution of the native habitat, wildlife and listed species populations within a proposed development site the feasibility 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 an 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 regu'red as part or the overall development plan submittP0 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 implementat on. of recovery, . programs for state and federally protected plant and animal, A r' species as part of the development Plan for sites .Qf 5 acres or more—in size. For development on sites less than _5 acres, the Village's land deve Qpment regulations shall require the retention and use of native vegetation on-site ,fulfill part , of the landscaping requirements; require the protection of specimen trees (specimen trees shall be defined as those trees which have a diameter at breast height (db)) of twelve - inches or more); require the use of tree protection barriers during the time heavy construction ' equipment' is used on-site for )andclearinq and delivery of building materials; and, require site developmenI design using such techniques as clustering and locating driveways and roaamAys on the least environmentally sensitive portion of the site. Ob-fective: � . 15. 0 The Village shall require the conservation and use of native plant species in the developed landscape and prohibit the spread of exotic nuisance species such as Australian pines, melaleuca and Brazilian pepper. policies: 2 . 15. 1 The Village shall require the use of native plant species in the landscaping of new development projects and additions to existing projects and require the removal of exotic nuisance plants from the sites of new development. 2 . 15. 2 The Village shall maintain and distribute a recommended native plant list and other educational materials to increase publth awareness of the need to utilize native plant species in the developed landscape and eliminate exotic nuisance plants from exitipg developed areas. 2 . 15. 3 The Village shall require the conservation of specimen trees and existing native vegetation in near development, protects and retain these trees in existin developments. 2. 15.4 The Village s}1a1l develoR a program to plant native trees in public_ rights-'off way and other public lands. whenever practical, thereby adsina to the, Village's aesthetic appeal and providing habitat for urban wildlife. 2 . 15. 5 The Village shall develop programs on Village-owned or leased lands to eliminate exotic nuisance plat species. JAJ:13153-1\votconsv a y� ` _ is%�jj,S{.jTy-"r:. .l: t. .2"a rxHlnrr COASVAL 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 Development 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 sitcic3 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 S.'y '341 i y' r �. dais,. , '"`.•:' .r.-c''a a`-"�s-t'...... _ - .L' cW _ rs ^? r .{1:. 4 4 7- �s� 1 �'�S ,r e. • - ,M _ ;:a.ga7.: -e z;>.,r ;"' _0'C> 'sF �: 4-�s+;+,• 7s. ..j:�., �a4 .. '� , 'fR.x: 7'�` ry 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 p the Future Land Use Map to ensure their future as protected wildlife habitats. 2t2, 6 By 1991 . the Village shall request the assistance of palm Beach County, the municipalities and_the marina industry to cevelop and participate in a manatee protection program which: /a) requir s operators of new and existing marinas and boat rampz establish_ and maintain a permanent manatee educational display at a prominate location at these facilities. Information to bg provided or displayed would include regulations protecting manatees and exiting slow speed or idle zones as well as additional informatJ 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 in the sale of - hints and motors ' to provide manatee tnformation to the buyer at the time of delivery of boats or mo anA and ,jcl ensures that prospective renters. lessees or owners of slips be prohibited from using the facility if they are found in violation Qf marine laws which are intended to protect manatocc. 2 . 2 . 7 By January 1991,. the Village' shall adopt a manatee protection ordinance which at Cr , a minimum: 1 11f0'�4` ,(a) designates the waters in and around marina and boat ramps as a n wak n/CD or idle speed zone; C _(b) designates slow speed zones where manatees feed or congregate; CM-` 61 +%.a e- •Qns ' i .} i�J ca ty L•4 J_ j� rra is 0't`• ��7 ry t yj4it 3t ��.t�r ...n-t +is`3-: k{ {T y W ii:2. ��> _ r �` _.., �.. -"r f a'^P tS st i arc `� 9..d+.. - s-' ]�ee ..2 a �q���zz :1na ti�,s :? St�jaliti + . .. ...«..� �t,.: 1 ��'; dSF LS r '#`, ��7; TIMY Y F,�itj3 ,Y d'; r 4Viti_:p�p� ;f`•' ,ir + j 1 prohibits the touching. harassing, harming or killing of manatees: (d) xeauires. as a condition of approval for all new or expanding marinas and boat ramps. a manatee protection program to be implemented at these facilities; (e) prev ides standards for locating boating facilities where there will he no detrimental impact on the manatees: if) requires tht Village to submit all requests for devel.QBment orders for new or expanding boating facilit RZ (inGlulljng boat ramps and more than one slim or docking facility per J 00 feet of shoreline) to the U. S. Fish and Wildlife Service and the Florida pepartment of Natural Resources for comment prior to approval. Any development proposal that is determined to cause probable harm to manatees shall not be approved. This policy shall mot_prohibit a waterfron lot from securina a • single dock for that lot: /g1 provides for the posting of manatee protection (awareness) and speed zone sians in manatee protection areas to advise boaters of the presence of manatees; j hi limits the use of motorized boats in accordance with 16-N-12 . 009. Fla. Admin. Code and (i) provides for local enforcement. (j) provisions (c), (d) and (f) shall apply as a polity _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 (] ) 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. CM-9 i . 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. CM-10 policy 3.7. 2 The Village _shall adopt by January 1991. a sea turtle protection ordinance which includes, but is not limited to the following: (a) the prohibition of horseback riding and campfires on or seaward of the primary dune during sea turtle nesting season, and extending t all areas landward of the primary dune where sea turtles are known to nest: (b) the prohibition of disturbing, touchina, harassing, k� z or taking of any sew turtle, hatchlinq, egg or part of same; (c) the 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, Id) standards for coastal construction to eliminate or minimize _impacts on sea turtles, their nests and eggs; u prohibition of off-roach vehicles during the nestincLand hatching season; ,(f) standards for site development that protect sea turtles: (g) restrictions and standards on pighttime lighting for both new and existing development and additional restrictions during nesting season; (h) standards . for existing beach access _points; ,(i.) standards for beath and dune preservation, stablization or restoration, _ as appropriate, CM--11 and standards for mechaniQpl beach cleaning so that sea turtle nesting is not disturbed, and provides ffr enforcement (k), provisions (a). (b) and le) shall apply as policies of this plan prior to adoption of the ordinance. Goal: 4 .0. 0 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 sea 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 sulmittal • 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 CM-12 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 puhlir• expenditures in areas subject to destruction by natural disasters. Objective; 5, 1. 0 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 CM-13 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. CM-14 ' p 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 CM-15 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. jaj:13153-1\votcoast CM-16