HomeMy WebLinkAboutDocumentation_Regular_Tab 22_4/11/2024 Agenda Item #22.
Regular Council
STAFF MEMO
Meeting: Regular Council - Apr 11 2024
Staff Contact: Wayne Cameron Department: Building
Consider Approval of Purchasing a Utility Task Vehicle (UTV) and Trailer Dedicated to Code
neforcement
EMMEOW
Sea turtle season runs from March 1st through October 31st. In order to provide compliance and
enforcement of Village of Tequesta Code Sec. 10-69 and 10-70 (attached), please consider approval
of purchasing an utility task vehicle (UTV) and trailer dedicated to code enforcement. The cost of
which will not exceed $15,000.00. By approving this item, you will be approving a budget amendment
in November.
UTVs are versatile vehicles capable of traversing various terrains, including dirt trails, wooded areas,
and uneven terrain. Investing in an UTV for code enforcement would provide our officer with the
necessary mobility to reach approximately 4,000 linear ft of beach area, allowing for more efficient
and thorough monitoring. Furthermore, this investment aligns with our commitment to upholding
community standards and ensuring the well-being of our residents.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
BUDGET AMOUNT 15,000.00 AMOUNT AVAILABLE 0 EXPENDITURE AMOUNT:
15,000.00
FUNDING SOURCES: Building fund IS THIS A PIGGYBACK:
❑ Yes ❑ N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes ❑ N/A
COMMENTS/EXPLANATION ON SELECTION Pricing is from FL Sheriff association contract, which
was competitively bid.
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Agenda Item #22.
Sec. 10 69. Sea turtle protection plan ada
Page 629 of 2231
Agenda Item #22.
Sec. 10-69. Sea turtle protection plan.
(a) Lighting plan required.
(1) A sea turtle protection plan (STPP)shall be required for all new building construction, new glass
window and/or glass door replacement on existing buildings, and new artificial lighting proposed
within the Sea Turtle Lighting R-3 District.
(2) The STPP shall be submitted to ERM and must be approved by ERM prior to the issuance of a certificate
of occupancy by the building official.
(b) Application and approval process.
(1) Applications shall be made on a form approved by ERM. ERM may make use of forms already in use by
the State of Florida and/or federal agencies.
(2) ERM may attach conditions to any STPP approval where such conditions are deemed reasonably
necessary to protect sea turtles.
(3) Any application received that is substantially the same as a previous application that has been denied
by ERM shall also be denied without further processing.
(4) Any site or property owner that is subject to or recipient of a notice of violation or notice of
noncompliance that remains unresolved shall not be issued an ERM STPP approval.
(5) STPP approval shall not be issued until any and all information necessary to fully understand the
extent, nature, and potential impacts of a proposed lighting plan are received by ERM.Such
information may include, but is not limited to:
a. A completed application form;
b. An explanation of the necessity and purpose of the proposed lighting;
C. Photographs of existing conditions which may include aerial photographs;
d. Plans showing profile and plan views depicting all light fixture locations,the elevations of
proposed and existing structures, proposed and existing vegetation, beach/dune profiles, and
pertinent topographic information; and,
e. Electrical, building, and landscape plans shall be submitted illustrating all exterior lights and
windows within jurisdictional boundaries. Light and window tinting information shall include:
1. The location, number,wattage,elevation,orientation, light fixture cut sheets, photometric
illustrations,and all type(s)of proposed artificial light sources.
2. Protective/mitigative measures to minimize lighting impacts on sea turtles, including
measures to prevent direct and indirect illumination that is visible from the beach.
3. Window tinting specifications for all windows and doors within line of sight of the beach
including percentage of visible light transmittance(see definition of tinted glass).
(6) When an application is made for a STPP approval in common areas of a multi-family residential site in
the Sea Turtle Lighting R-3 District(i.e.,condominiums,apartments,townhouses,villas, etc.),the
representative association,or all of the homeowners as a group,shall be the Applicant. ERM shall not
process an application made by one unit owner in a multi-family setting where the work is proposed on
lands designated as, or can reasonably be considered to be, common areas.
(7) Upon receipt of an application and appropriate application fee, ERM shall have 30 days to request any
additional information.Within 30 days of receipt of such additional information, ERM may request only
Created: 2024-01-31 17:41:40 [EST]
(Supp. No.36)
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Agenda Item #22.
that information needed to clarify such additional information or to answer new questions raised by,or
directly related to,such additional information.
(8) If ERM does not make a request for additional information within 30 days of receipt of an application
or requested information,the application shall be deemed complete upon receipt.
(9) If an Applicant fails to respond to an ERM request for an application fee, or any additional information,
within 60 days,the application may be denied without prejudice. However, ERM may grant an
extension of time as is reasonably necessary to fulfill the request for additional information.
(10) Upon receipt of a completed application and fee, ERM shall have 90 days to take final action unless the
applicant agrees in writing to a time extension or waiver of this requirement. Final agency action shall
be approval of a STPP,denial of a STPP,or conditional approval of STPP. Failure by ERM to take final
action within 90 days shall result in the authorization of the proposed work with standard limiting
conditions.
(11) Any application containing false information may be denied,and any STPP approval granted based
upon false information may be revoked.
(12) ERM STPP approvals may be issued with a duration period that is reasonably necessary to complete the
project not to exceed five years.
(13) Any substantial modification to a complete application, or a STPP approval,shall require an amended
application form and an additional application fee and shall restart all time periods of this section.
(c) Inspection required. Prior to the issuance of a certificate of occupancy(CO) by the building official, each
facility shall be inspected for compliance as follows:
(1) Upon completion of the construction activities,a State of Florida registered architect, landscape
architect,environmental professional, or professional engineer shall conduct a site inspection which
includes a night survey with all the beachfront lighting turned on to the highest illumination levels.
(2) The inspector shall prepare and report the inspection finding in writing to ERM, identifying:
a. The date and time of initial inspection;and
b. The extent of compliance with this chapter and the approved STPP; and
C. All areas of potential and observed noncompliance with this chapter; and
d. Any action(s)taken to remedy observed noncompliance and date remedy will be implemented, if
applicable; and
e. The date(s)and time(s)of remedial inspection(s), if applicable.
(3) The inspector shall sign and seal the inspection report which includes a certification that:
a. The beachfront lighting has been constructed in accordance with this chapter;and
b. The inspector observed the project area at night with all lights operating;and
C. The beachfront lighting does not cause direct or indirect illumination that is visible from the
beach at the time of the night inspection; and
d. The beachfront light sources within the jurisdictional boundaries are not directly or indirectly
visible from the beach at the time of the night inspection.
(Ord. No.04-23, § 1, 8-10-2023)
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(Supp. No.36)
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Agenda Item #22.
Sec. 10-70. Compliance and enforcement.
(a) Beach lighting inspector.
(1) A position, known as the village beach lighting inspector is hereby established.
(2) It shall be the duty of the village manager to hire the beach lighting inspector and any necessary
assistants to the beach lighting inspector.The beach lighting inspector shall have the necessary
training,technical knowledge, and resources to enable them to effectively carry out the duties of this
position.The beach lighting inspector may access resources provided by other local,state or federal
agencies such as the sample beach lighting survey worksheet,training,and other information available
from the Florida Fish and Wildlife Conservation Commission.
(3) The beach lighting inspector shall be responsible for:
a. Inspecting the entire beach within the Sea Turtle Lighting R-3 District regularly during sea turtle
nesting season to determine the extent of compliance with this article.
b. In the event of the finding of a violation at a particular public or private property,conducting
further inspections at the property at any time beginning on the night after the deadline date
given on the written notice of violation.These follow-up inspections shall continue until the
lighting has been brought into compliance with this article.
C. Beach lighting inspector responsibilities may also include preparation of reports, issuance of non-
compliance notices, outreach and education,supporting administrative actions before a special
magistrate,or attending building permit pre-application and pre-construction conferences.
(4) It shall be unlawful for any person to interfere with,or in any manner hinder the beach lighting
inspector, or any of their assistants,while in the discharge of their duties under the terms of this
article.
(5) It shall be unlawful for any person to knowingly conceal or disable any lighting on a property before it
has been inspected by the beach lighting inspector.
(b) Notice of violation.
(1) Upon finding any violation of this article,the beach lighting inspector shall deliver a written notice of
the violation of this article to the property owner and direct said owner to promptly remove or
remediate lighting not in compliance with this article.
(2) The time allowed for making the repairs shall be reasonable under the circumstances, and shall be
stated in the notice.Should the responsible party neglect or refuse to remove or remediate non-
compliance within the specified time stated in the notice,the party so offending shall commit a
violation of this article and be penalized as provided in section 10-70(c)of this article.
(c) Special magistrate. Consistent with law and this article,the code enforcement special magistrate shall have
jurisdiction to enforce this article within the village corporate limits per Village Code section 10-2 and section
1-14 or by any other lawful means.
(d) Sea turtle fund.
(1) A sea turtle fund is hereby established within the Village of Tequesta.
(2) All funds collected as a result of the assessment of fines under this section shall be deposited in the sea
turtle fund.The funds in this account shall be used for:
a. Assistance to property owners for the procurement of light systems equipment and materials
that comply with this article and reduce the amount of artificial beach lighting.
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Agenda Item #22.
b. Educational materials to inform the general public on the threats of artificial lighting to sea
turtles, including but not limited to signs, door knockers, pamphlets,stickers, public service
announcements,and other awareness campaigns,and
C. Equipment, materials and other resources supporting compliance assistance and enforcement by
the beach lighting inspector.
d. Other reasonable efforts to protect the sea turtle population within the village including, but not
limited to, research and conservation projects.
(3) The village may contribute funding from other sources into the sea turtle fund for uses consistent with
the purposes set forth above.
(Ord. No.04-23, § 1, 8-10-2023)
Created: 2024-01-31 17:41:40 [EST]
(Supp. No.36)
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