HomeMy WebLinkAboutResolution_12-89/90_08/09/1990 RESOLUTION NO. 12 -89/90
A RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, APPROVING THE PROPOSED
AMENDMENTS TO THE COMPREHENSIVE PLAN OF
THE VILLAGE OF TEQUESTA, AUTHORIZING THE
SIGNING OF THE STIPULATED SETTLEMENT
AGREEMENT BETWEEN THE STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS AND THE
VILLAGE OF TEQUESTA AND AUTHORIZING THE
APPROPRIATE VILLAGE OFFICIALS TO
UNDERTAKE THE NECESSARY MEASURES TO
EFFECTUATE THE TERMS OF THE SETTLEMENT
AGREEMENT.
WHEREAS, the Village of Tequesta adopted by Ordinance No.
391 its Comprehensive Plan pursuant to Florida Statutes
Chapter 163 on October 12, 1989;
WHEREAS, the State of Florida Department of Community
• Affairs issued a "Settlement of Intent to Find Comprehensive
Plan Not in Compliance" on November 30, 1989;
WHEREAS, the State of Florida Department of Community
Affairs and the Village of Tequesta entered into settlement
negotiations to resolve the disputed issues between the State
and the Village;
WHEREAS, the State of Florida Department of Community
Affairs and the Village of Tequesta have agreed to proposed
Comprehensive Plan amendments which resolve the disputed
issues between the State and the Village;
WHEREAS, a Stipulated Settlement Agreement has been
jointly prepared by the State of Florida Department of
Community Affairs and the Village of Tequesta; and
WHEREAS, it is in the best interests of the Village of
Tequesta and its citizens to enter into the Stipulated
Settlement Agreement for purposes and amicably resolving the
• disputed issues between the State and the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF 1
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, as
follows:
Section 1. By publication July 26, 1990, in the Palm
Beach Post, the citizens of the Village of Tequesta and all
other interested parties were notified that the Village of
Tequesta proposed to approve this Resolution regarding its
Comprehensive Plan on this date.
Section 2. The Stipulated Settlement Agreement is hereby
incorporated by reference as part of this Resolution as if
fully set forth herein.
{
Section 3. Village officials as required are authorized
to undertake the necessary measures to effectuate the terms of
the Stipulated Settlement Agreement.
Section 4. This Resolution shall take effect immediately
upon its adoption.
Section 5. Five (5) copies of the Stipulated Settlement
Agreement shall be forwarded to the State of Florida
Department of Community Affairs upon execution.
- 2 -
THE FOREGOING RESOLUTION was offered by Councilmember
William E. Burckart who moved its adoption. The Resolution
was seconded by Councilmember Edward C. Howell , and upon
being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
William E. Burckart
Edward C. Howell
Ron T. Mackail
The Mayor thereupon declared the Resolution duly passed
and adopted this 9th day of August 1990.
r
MAYOR OF TEQUESTA
Joseph N. Capretta
ATTEST:
L4f
Bill C. a cavelis Ron T. Mackail
Village Clerk Vice -Mayor
VILLAGE OF TEQUESTA
£ 'J Post Office Box 3273 • 357 Tequesta Drive
F Tequesta. Florida 33469 -0273 • (407) 575 -6200
s t ° FAX: (407) 575 -6203
f IC N CO N y
August 28, 1990
John C. Randolph, Esq.
Jones, Foster, Johnston & Stubbs, F.A.
P. 0. Drawer E
West Palm Beach, Florida 33402 -3475
RE: DCA vs. V.O.T.; Stipulated Settlement Agreements
Dear Skip:
Enclosed herewith, are the five (5) Stipulated Settlement
Agreements which have been attested by the Village Clerk. 11
Also enclosed is a certified copy of Resolution No. 12 -89/90
adopted by the Village Council on August 9th which pertains to
this same subject.
Per your previous request, these items have been provided to
you to forward to the DCA.
Sincerely yours,
� aa�
Thomas G. Bradford
Village Manager
TGB /mk
Enclosures
cc: Scott D. Ladd, Building Official
Recycled Paper
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
ATTORNEYS AND COUNSELORS
FLAGLER CENTER TOWER
505 SOUTH FLAGLER DRIVE
ELEVENTH FLOOR
P. O. DRAWER E JoNEB
LARRY B ALEXANDER MICHAEL T KRANZ 19DL1M
GEORGE H BAILEY BLAIR R. LITTLEJOHN. III WEST PALM BEACH. FLORIDA 33402.3475
KEVIN C BEUTTENMULLER JOHN M UROUX 14I�R1' F Lumn4AL
MICHAEL D BROWN JOHN BLAIR MCCRACKEN (407) 653000 11b4 - 1B/Z
RUTH P CLEMENTS PAMELA A MCNIERNEY FAX
SCOTT M COLTON TIMOTHY E. MONAGHAN (407) 832.1454
JOYCE A CONWAY GUY RABIDEAU HARRY ALUSON JOHNSTON
MARGARET L COOPER JOHN C RANDOLPH 11M5.1580
BYOWN R CORNWELL PAULA REVENE
REBECCA G. DOANE ANDREW ROSS
RANDY D ELLISON STEVEN J. ROTHMAN RETIRED
L. MARTIN FLANAGAN PETER A. SACHS WILLIAM A. POSTER
SCOTT A. GLAZIER JOEL T. STRAWN WRITER'S DIRECT LINE:
LORIE HANDELSMAN SIDNEY A. STUBBS, JR
SCOTT G HAWKINS ALLEN R. TOMLINSON OTHER LOCATION
THORNTON M HENRY JOHN S- TRIMPER
PETER S. HOLTON MICHAEL P. WALSH
HARRY A. JOHNSTON. II H. ADAMS WEAVER 54 N.E. FOLIM AVE.
J A JURGENS PAUL C. WOLFE DELRAY BEACH, FLORIDA SBI®
MARK B. KLEINFELD MARC S. WOOFF
CHMLES 8. KOVAL
1, VILL49E OF �1
August 21, 1990 1 QUESTA
g... AUc 2 31
990 -.2
Mr. Thomas G. Bradford 5 � BR'S
' �
Village Manager ' OFFICE
Village of Tequesta ,,
Post Office Box 3273
Tequesta, Florida 33469
RE: DCA vs Village of Tequesta
Our File No. 13153.1
Dear Tom:
Enclosed are the five (5) Stipulated Settlement Agreements relative
to the above captioned matter, which I have executed.
Please have the Agreements attested by the Village Clerk and return
the executed originals to me for forwarding to the DCA.
Sincere y
o n C. Randolph
JCR /ss
Enclosures
•
STATE OF FLORIDA
• DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS, )
Petitioner, )
VS. ) DOAH CASE NO. 89- 6979GM
VILLAGE OF TEQUESTA, )
Respondent. )
STIPULATED SETTLEMENT AGREEMENT
Petitioner Florida Department of Community Affairs
(Department) and Respondent Village of Tequesta hereby stipulate
and agree as follows:
GENERAL PROVISIONS
1. Definitions As used in this agreement, the following
words and phrases shall have the following meanings:
a. Act: The Local Government Comprehensive Planning
and Land Development Regulation Act, as codified in Part II,
Chapter 163, Florida Statutes (1987).
b. Agreement This stipulated settlement agreement.
c. Comprehensive Plan or plan The Comprehensive
Plan of the Village of Tequesta, as adopted by Ordinance No. 391
on October 12, 1989.
• d. DOAH The Florida Division of Administrative
Hearings.
e. In compliance or into compliance Consistent with
Sections 163.3177, 163.3178 and 163.3191, Florida Statutes,
Section 187.201, Florida Statutes, the Treasure Coast Florida
• Regional Policy Plan, as adopted by Rule 29K- 5.001, Florida
Administrative Code, and Chapter 9J -5, Florida Administrative
Code.
f. Notice: The notice of intent issued by the
Department to which was attached its statement of intent to find
the plan not in compliance dated November 30, 1989.
g. Petition The petition for administrative hearing
and relief filed by the Department on December 14, 1989, that
initiated proceedings before DOM in this case (Case No. 89-
6979GM).
h. Remedial action A remedial plan amendment,
' submission''of support document or other action described in the
statement of intent or this agreement as an action which must be
completed to bring the plan into compliance. `
i. Remedial plan amendment An amendment to the plan
or support document, the need for which is identified in
this agreement, including its exhibits, and which the Village must
adopt to complete all remedial actions. Remedial plan amendments
adopted pursuant to this agreement must be consistent with and
substantially similar in concept and intent to the ones
identified in this agreement or be otherwise acceptable to the
• Department.
J. Statement of intent The statement of intent to
find the plan not in compliance dated November 30, 1989.
k. Support document The studies, inventory maps,
surveys, data, inventories, listings or analyses used to develop
2
and support the plan adopted by the Village on October 12, 1989.
2. Entire agreement This is the entire agreement between
the parties and no verbal or written assurance or promise is
effective or binding unless included in this document.
3. Approval by governing body This agreement has been
approved by the Village governing body at a public hearing
advertised in a quarter -page advertisement published
approximately 14 days prior to the hearing in the manner
prescribed for advertisements in Section 163.3184(15) (c), F.S.
This agreement has been executed by the appropriate Village
officer as provided in the Village's charter or other
'regulations.
4. Changes in law Nothing in this agreement shall be
construed to relieve either party from adhering to the law, and
in the event of a change in any statute or administrative
regulation inconsistent with this agreement, the statute or
regulation shall take precedence.
5. Other persons unaffected Nothing in this agreement
shall be deemed to affect the rights of any person under the law
other than the parties.
6. Attorney fees and costs Each party shall bear its own
• costs, including attorney fees.
7. Public Records The Village shall allow public access
to all documents, reports, papers, letters or other material,
subject to the provision of Chapter 119, Florida Statutes,
prepared or received by the Village in conjunction with this
3
agreement. It is expressly understood that upon receipt of
substantial evidence of the Village's refusal to comply with this
provision, the Department will have the right to terminate this
agreement for breach.
8. Liability The Village hereby agrees to hold harmless
the Department, to the extent allowed and required by law, from
all claims, demands, liabilities and suits of third persons or
entities not a party to this agreement arising out of, or due to
any act, occurrence, or omission of the Village, its
subcontractors or agents, if any, that is related to the
Village's performance under this agreement.
9. Effective date This agreement shall become effective
upon the last date of signing by the parties.
10. Purpose The parties enter into this agreement in a
spirit of cooperation for the purpose of avoiding costly, lengthy
and unnecessary litigation and in recognition of the desire for
the speedy and reasonable resolution of disputes arising out of
or related to the plan.
11. Department powers The Department is the state land
planning agency and has the power and duty to administer and
enforce the Act and to determine whether the plan is in
compliance.
12. Exhibits Exhibits A and B are hereby incorporated by
reference. In the event of conflict between Exhibit A and
Exhibit B, the provisions of Exhibit B shall control.
13. Adoption of plan and support document The Village
4
• provided the support documents and adopted the plan by ordinance
at a properly advertised public hearing held on October 12, 1989.
14. Review of plan and finding of noncompliance After
reviewing the adopted plan the Department issued its notice and
statement of intent to find the plan not in compliance, and filed
the petition in this case to that effect.
15. Standing to file notice and petition The Department
met the requirements of Section 163.3184(8), Florida Statutes,
because it participated in the adoption public hearing and based
its determination of compliance and its notice and statement of
intent only on its written objections and recommendations to the
plan pursuant to Section 163.3184(6), Florida Statutes, or on any
changes made by the Village to the plan as adopted.
16. Negotiation of agreement: intent Subsequent to the
filing of the petition the parties conferred and agreed to
resolve the issues in the petition, notice and statement of
intent through this agreement. It is the intent of this
agreement to resolve fully all issues between the parties in this
proceeding.
17. Dismissal recommendation If the Village completes the
remedial actions required by this agreement, including the
adoption of required plan amendments as set forth herein, the
Department shall request that the Administration Commission enter
an order dismissing this proceeding without imposing any sanction
that might otherwise be imposed under the Act. Thereafter, the
Department shall take every action necessary to effectuate this
5
• paragraph.
18. Filing and continuance This agreement shall be filed
with DOM by the Department after execution by the parties and
shall constitute a joint request that DOM continue this
proceeding for a time sufficient to allow the parties to complete
their responsibilities under the agreement. However, the
Department may request DOM to schedule a hearing of this
proceeding at an earlier time, as provided in this agreement.
19. Retention of right to final hearing Both parties
hereby retain the right to have a final hearing in this
proceeding and nothing in this agreement shall be deemed a waiver
of such right.
20. Description of provisions not in compliance and
remedial actions; legal effect of agreement Exhibit A to this
agreement is the statement of intent and contains a description
of the plan provisions found not in compliance by the Department
and remedial action needed to bring the plan into compliance. It
also constitutes an admission and stipulation by the Department
that if the described remedial actions are accomplished the plan
will be in compliance. Exhibit B contains additional detail
regarding some provisions not in compliance and remedial actions
• needed for compliance. In the event of a conflict between
Exhibit A and Exhibit B, the provisions in Exhibit B shall
control.
21. Remedial actions to be considered for adoption The
Village agrees to adopt by formal action of its governing body
6
• all remedial actions described in Exhibit A (as modified by
Exhibit B) no later than the time period provided for in this
agreement.
22. Transmittal hearing for remedial actions Within 60
days after the effective date of this agreement the Village shall
deliver to the Department, after a transmittal public hearing
pursuant to Section 163.3184(3) of the Act, all remedial actions,
including all remedial plan amendments and support documents,
along with a transmittal letter describing the remedial action
taken for each part of the plan amended, including references to
specific portions and pages.
23. Review of transmittal The Department shall provide
the Village with its objections, recommendations and comments on
the remedial amendments and support documents in the manner
provided in Chapter 9J -11, Florida Administrative Code, and
Subsections 163.3184(3) -(7), Florida Statutes. If the Village
fails to deliver or rejects any remedial plan amendment or
support document described in Exhibit A or Exhibit B, the
Department may move for a final hearing for this proceeding as
provided in Paragraph 19 above.
24. Adoption or approval of remedial plan amendments
. Within 60 days after receipt of the Department's objections,
recommendations and comments, the Village shall consider for
adoption all remedial plan amendments and amendments to the
support document, and deliver the amendments and a transmittal
letter to the Department as provided in Subsection 163.3184(7),
7
Florida Statutes, and Rule 9J- 11.011(3), F.A.C. The letter shall
describe the remedial action adopted for each part of the plan
amended, including references to specific portions and pages.
25. Review of adoptions and notice of intent Within 45
days after receipt of the adopted remedial plan amendments and
support documents, the Department shall issue a notice of intent
pursuant to Section 163.3184, Florida Statutes, for the complete
comprehensive plan, as amended, in accordance with this
agreement.
a. In compliance If the adopted remedial actions
are consistent with the recommendations in Exhibit A or Exhibit
B, the Department shall find the plan and plan amendments in
compliance and shall request that DOM relinquish jurisdiction
and join the Department in requesting that the Administration
Commission adopt a final order dismissing this proceeding.
b. Not in compliance If the remedial actions are
not adopted, or are not consistent with and substantially similar
to the recommendations in Exhibit A or Exhibit B, the Department
shall issue a notice of intent to find the plan not in compliance
and shall forward the notice to DOM for a hearing as provided in
Subsection 163.3184(10), Florida Statutes, and request that the
• matter be consolidated with the pending proceeding for a single,
final hearing. The parties hereby stipulate to that
consolidation and to the setting of a single, final hearing. The
Department may also move for a final hearing of this proceeding
as provided in Paragraph 19 above. In any proceeding under this
8
• paragraph, the Village shall have the burden of proving by a
preponderance of the evidence that an adopted remedial action is
consistent with and substantially similar to the recommendations
in Exhibit A or Exhibit B.
26. Waiver The parties waive any right to appeal or
initiate proceedings on, or to otherwise challenge on any ground
in any forum, the plan as amended, so long as the provisions of
this agreement are complied with. Both parties reserve the right
to appeal the inclusion of any amendment to the plan that is not
included in this agreement.
27. Concurrent amendment Nothing in this agreement shall
be construed to prohibit the amendment of the plan concurrent
with the adoption of this agreement.
9
• This agreement contains all the terms and conditions agreed
to by the parties.
In witness whereof, the parties hereto have caused this
agreement to be executed by their undersigned officials as duly
authorized.
DEPARTMENT OF COMMUNITY VILLAGE OF TEQUESTA
AFFAIRS
Thomas G. Pelham
Secretary
Date Date
Attest:
Village Cle
Senior Attorney llage Attorn
10
E "A"
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
IN RE: VILLAGE OF TEQUESTA )
COMPREHENSIVE PLAN )
ADOPTED BY ORDINANCE ) DOCKET NO. 89 -NOI- 5037 -(N)
No. 391 ON )
OCTOBER 12, 1989 )
)
STATEMENT OF INTENT TO FIND
9OMPREHENSIVE PLAN
NOT IN COMPLIANCE
The Florida Department of Community Affairs hereby issues
its Statement of Intent to find the Comprehensive Plan of the
Village of Tequesta adopted by Ordinance No. 391 on October 12,
1989, Not In Compliance based upon the Objections,
Recommendations and Comments Report issued by the Department on
July 11, 1989, which is hereby incorporated by reference, and
changes made to the plan, as adopted, which were not previously
reviewed by the Department. The Department finds that the plan
is "not in compliance," as defined in Section 163.3184(1)(b),
Florida Statutes (F.S.), because it is not consistent with
Section 163.3177, F.S., the State Comprehensive Plan, the
Treasure Coast Regional Policy Plan, or Chapter 9J -5, Florida
Administrative Code (F.A.C.), for the following reasons:
I. WATER CONSERVATION
A. Inconsistent provisions The inconsistent provisions of
the plan grouped under this subject heading are as follows:
I. The plan does not adequately address establishing and
utilizing potable water conservation strategies and techniques,
as required by Rule 9J- 5.011(2)(c)3., F.A.C., because it permits
potable water consumption at excessive levels. The provisions of
the plan addressing water conservation are not based on adequate
data and analysis. Rule 9J- 5.005(2) (a), F.A.C.
2. For the reasons cited above, the plan is also
inconsistent with the State Comprehensive Plan Policy (8)(b)11
to promote water conservation as an integral part of water
management. Rule 9J- 5.021(1), F.A.C.
B. .. Recommended remedial actions These inconsistencies may
be remedied by taking the following actions:
1. Adopt provisions adequately addressing water
conservation, including reducing the level of service standard
for potable water or otherwise limiting the amount of potable
water used by the Village.
II. CONSISTENCY WITH REGIONAL PLAN
A. Inconsistent provisions The inconsistent provisions of
the plan grouped under this subject heading are as follows:
1. The plan is in conflict with and does not further the
following goals and policies of the Treasure Coast Regional
Policy Plan (Rule 9J- 5.021(1), F.A.C.): Goals 8.1.1 and Policy
8.1.16 (water conservation); Goals 9.2.1 (ensuring function of
2 .
{
marine and estuarine resources); Goal 10.2.1 (protection of
endangered and threatened species); Goal 10.1.2 and Policy
10.1.2.2 (preservation of native habitat); and Goal 16.1.1 and
Policy 16.2.1.2 (environmental assessment for decisions with
potentially adverse ecological or environmental impacts).
B. Recommended remedial actions These inconsistencies may
be remedied by taking the following actions:
1. Revise the plan to include specific objectives and
policies for the protection of natural resources, particularly
the manatee, sea turtle and scrub habitat.
CONCLUSIONS OF LAW
1. The plan is not consistent with the State Comprehensive
Plan.
2. The plan is not consistent with the Treasure Coast
Regional Policy Plan.
3. The plan is not consistent with Chapter 9J -5, F.A.C.
4. The plan is not consistent with Section 163.3177, F.S.
5. The plan is not "in compliance," as defined in Section
163:3184(1)(b), F.S.
6. In order to bring the plan into compliance, the Village
may complete the recommended remedial actions described above or
adopt other remedial action that eliminate the inconsistencies.
3
Executed this day of November, 1989, at Tallahassee,
Florida.
FLORID DEPARTMENT OF
C0101TJ Y FF I
aul R. Bradshaw
Division Director
Division of Resource Planning
and Management
2740 Centerview Drive
Tallahassee, Florida 32399 -2100
4 .
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
NOTICE OF INTENT TO FIND THE
VILLAGE OF TEQUESTA
COMPREHENSIVE PLAN NOT IN COMPLIANCE
DOCKET NO. 89 -NOI- 5037 -(N)
The Department gives notice of its intent to find the
Village of Tequesta Comprehensive Plan, NOT IN COMPLIANCE pursu-
ant to Section 163.3184, F.S.
The adopted Village of Tequesta Comprehensive Plan, the
Department's Objections, Recommendations and Comments and
the Department's Statement of Intent to Find the Comprehensive
Plan Not in Compliance will be available for public inspection
Monday through Friday, except for legal holidays, during normal
business hours, at the Office of Village Clerk, Village Hall, 357
Tequesta Drive, Tequesta, Florida 33469.
This Notice of Intent and the Statement of Intent will be
forwarded to the Division of Administrative Hearings of the
Department of Administration for the scheduling of an administra-
tive hearing pursuant to Section 120.57, F.S. The purpose of theF.
administrative hearing will be to present evidence and testimony
and forward a recommended order to the Administration Commission.
Any affected person, as defined in Section 163.3164, F.S.,
may petition for leave to intervene in the proceeding. A
petition for intervention must be filed at least five (5) days
before the date set for the final hearing and must include all of
the information and contents described in Rule 22I- 6.010, F.A.C.
A petition for leave to intervene shall be filed at the Division
of Administrative Hearings, Department of Administration, 1230
Apalachee Parkway, Tallahassee, Florida 32399 -1550. Failure to
petition to intervene within the allowed time frame constitutes a
waiver of any right such person has to request a hearing under
Section 120.57, F.S.
Z —d ulR. Bradshaw, Director
Department of Community Affairs
Division of Resource Planning
and Management
2740 Centerview Drive
Tallahassee, Florida 32399 -2100
Exhibit A
EXHIBIT "B"
I. R71TER CONSERVATION
The following objectives and policies are to be included in
the comprehensive plan:
POLICY 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.
POLICY 1.4.8
The Village shall collect data beginning January 1, 1991 to
differentiate between residential and nonresidential uses.
POLICY 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 1.6.0
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 Is. population) through the implementation of voluntary
programs for existing development and mandatory programs for new
development and redevelopment.
• POLICY 1.601
By July, 1991, the Village shall design and implement the
following water conservation education programs:
a. Conduct a water conservation workshop involving water use
and irrigation specialists who will provide practical
information on how to conserve water on a daily basis and
how to efficiently operate irrigation systems. Such a
program may be co- produced with the South Florida Water
Management District and /or other coastal communities with
high per capita water consumption rates.
b. Provide irrigation experts at a reduced fee for
individual consultations.
C. Provide through the mail quarterly updates of water
conservation goals, the success of on -going programs, and
new water - saving techniques and strategies. Such updates
should be coordinated with changes in season and
adjustments.
recommend appropriate irrigation ad �
d. The Village Utilities Department will have a
knowledgeable employee who will be available for
consultations on water conservation strategies that may
be used in site development plans and in residential and
non - residential buildings.
POLI 1.4.
By July, 1991, 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 may include:
a. The identification and use of alternative (non - potable)
water sources, where available.
b. specific operational changes which will reduce the amount
of water consumed in activities such as dish washing,
building maintenance, and vehicle washing.
C* Limiting the number of days, time of day and /or length of
time in which irrigation systems are operated.
d. Retrofitting existing systems such as shower heads, sink
faucets, toilets, and wash basins with new water - saving
devices.
e. 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 be
reasonable in terms of the benefits received as measured by the
actual amount of water saved, the dollar amount saved 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.
POLICY 1.6.3
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.
. POLICY 1.6.4
By July I 1991, adopt and implement the following regulations'
which shall apply to new development and redevelopment:
a. The use of xeriscape and native vegetation on a portion
of development sites.
b. The use of soil tensiometers or similar control
mechanisms in all irrigation systems.
C. The use of in -home water saving plumbing devises such as
low volume shower heads and toilets.
POLICY 1.6.5
If the water consumptive use has not been reduced to an
average of 150 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) by October 1994, the Village shall adopt and
implement mandatory reduction programs within six months which will
result in achieving the average potable water consumptive use of
150 er per allons capita day (as def ined above) by October, 1999.
9 P P P Y
Mandatory programs to be considered by the Village include:
a. An ordinance restricting the number of days, time of day
and length of operation of all 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.
d. Adoption of water use restrictions on a permanent basis.
•
POLICY 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.
POLICY 1.6.7
The EAR shall identify all on -going water conservation
programs and evaluate them for their effectiveness in achieving the
conservation goals and objectives established by this plan.
POLICY 1.6.8
The EAR shall include a review of additional water
conservation techniques that are potentially applicable to the
Village and recommend adoption of those deemed appropriate.
POLICY 1.6.9
The EAR shall include an analysis of water consumption 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 measures should be implemented
in Tequesta.
POLICY 1.6.10
The EAR shall recommend a new water reduction schedule for the
following five year and ten year period.
II. CONSISTENCY WITH THE REGIONAL PLAN
• A. Wetlands, Mangrove and Seagrass Protection.
The following objectives and policies are to be included in the
comprehensive plan:
OBJECTIVE
Tequesta will protect and conserve mangroves, wetlands and
S sea asses to ensure that there will be no net loss of the existing
natural resources within the Village.
POLICY 1
Mangrove, wetlands and seagrasses 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 shall afford protection to all these resources regardless
of size.
POLICY 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. Army Corps of Engineers. Representatives
of these agencies will be contacted for assistance in identifying
the location of all wetland areas within the Village.
POLICY 3
The location of mangrove and wetland areas shall be identified
• by survey at the time of site development review on a site -by -site
basis. The Village shall not issue a development order or permit
for a parcel until all wetland areas on that parcel or immediately
adjacent to the proposed development have been identified and
located.
POLICY 4
development, shall be
residential develo
No development, including P
permitted within mangrove or other wetland areas unless project
alternatives that would avoid mangrove and wetland impacts are
unavailable and mitigation is provided by the applicant to offset
adverse impacts. For purposes of this policy, sufficient
mitigation is as required by Florida Administrative Code Rules 17-
312.300 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.
POLICY S
The Village shall permit within mangrove, seagrass and wetland
areas: elevated piers, docks, and walkways of no more than five
feet in width, unless vehicular access in the form 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 -27, F.A.C.
POLICY i
within mangrove, seagrass and wetland areas, all piers, docks
and walkways shall be constructed on pilings.
POLICY 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 the motor for docking facilities. The docking terminus
shall not be located over a seagrass bed.
POLICY t
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 the toe of all replaced
bulkheads and seawalls.
POLICY 9
No dredging or filling shall be permitted within mangrove and
wetland areas or on seagrass beds in the Village unless project
alternatives that would avoid mangrove, wetland and seagrass
impacts are unavailable and sufficient mitigation is provided by
the applicant to offset adverse impacts. For purposes of this
Policy, sufficient mitigation is as required by Florida
Administrative Code Rules 17- 312.300 through 177312.390. 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.
POLICY 10
Drainfields for septic tanks shall not be permitted in
mangrove and wetlands areas.
POLICY 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. Admin. Code ch. 17 -610 and 17 -611.
POLICY 12
A buffer zone of native upland edge vegetation around mangrove
and wetland areas and along the shoreline is required in order to
protect the wetland and shoreline areas from the impacts, including
stormwater runoff, of adjacent development. The buffer zone shall
consist of preserved native vegetation, including canopy,
understory and ground 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 not achievable due to platting, right of way easements,
utility easements or access easements existing at the time of
adoption of this comprehensive plan.
POLICY 13
Alteration of mangrove and wetland areas by 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.
s. Bea Turtles
Include the following policy:
Policy: 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 to all areas landward
of the primary dune where sea turtles are known to
nest;
(b) the prohibition of disturbing, touching, harassing,
killing or taking of any sea turtle, hatchling, 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;
(d) standards for coastal construction to eliminate or
minimize impacts on sea turtles, their nests and
eggs;
(e) prohibition of off -road vehicles during the nesting
and hatching season;
(f) standards for site development that protect sea
turtles;
(g) restrictions and standards on nighttime lighting
for both new and existing development and
additional restrictions during nesting season;
(h) standards for existing beach access points;
(i) standards for beach and dune preservation,
stabilization or restoration, as appropriate, and
standards for mechanical beach cleaning so that sea
turtle nesting is not disturbed, and
(j) provides for enforcement
(k) provisions (a) (b) and (e) shall apply as policies
of this plan prior to adoption of the ordinance.
C. Kanatees
The following policies are to be added:
Policy: By 1991, the Village shall request the
assistance of Palm Beach County, the municipalities and
the marina industry to develop and participate in a
manatee protection program which:
(a) requires operators of new and existing marinas and
boat ramps establish and maintain a permanent
manatee educational display at a prominate location
at these facilities. information to be 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 in the sale of boats and
motors to provide manatee information to the buyer
at the time of delivery of boats or motors; and
(c) ensures that prospective renters, lessees or owners
of slips be prohibited from using the facility if
they are found in violation of marine laws which
are intended to protect manatees.
Policy: By January 1991, the Village shall adopt a
manatee protection ordinance which, at a minimum:
(a) designates the waters in and around marina and boat
ramps as a no wake or idle speed zone;
(b) designates slow speed zones where manatees feed or
congregate;
(c) prohibits the touching, harassing, harming or
killing of manatees;
(d) requires, 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) provides standards for locating boating facilities
where there will be no detrimental impact on the
manatees;
(f) requires the Village to submit all requests for
development orders for new or expanding boating
facilities (including boat ramps and more than one
slip or docking facility per 100 feet of shoreline)
to the U.S. Fish and Wildlife Service and the
Florida Department 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 not
prohibit a waterfront lot from securing a single
dock for that lot;
(g) provides for the posting of manatee protection
(awareness) and speed zone signs in manatee
protection areas to advise boaters of the presence
of manatees;
(h) limits the use of motorized boats in the
Loxahatchee River to those times of the year that
aanatees do not feed or congregate in the river;
and
(i) provides for local enforcement.
(j) provisions (c), (d) and (f) shall apply as a policy
of this plan prior to adoption of a manatee
protection ordinance.
D. protection of Uplands
The following objectives and policies are to be added:
Objective: The Village shall implement measures to
identify and protect native wildlife and their habitats,
including state and federally protected plant and animal
species (endangered, threatened and species of special
concern), within proposed development sites and protect
these natural resources from the impacts of development.
Policy 1: Require the evaluation and proper management
of native wildlife and vegetative communities 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
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 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 site
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 required as part of
the overall development plan submitted for development
approval.
Policy 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 species as part of the development plan for sites
of 5 acres or more in size.
Policy 3: For development 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 specimen trees (specimen trees shall be
defined as those trees which have a diameter at breast
height (dbh) of twelve inches or more); require the use
of tree protection barriers during the time heavy
construction equipment is used on -site for landclearing
and delivery of building materials; and, require site
development design using such techniques as clustering
and locating driveways and roadways on the least
environmentally sensitive portion of the site.
E. Upland vegetation
The following objectives and policies are to be added:
Objective: 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.
Policy 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.
Policy 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 exiting
developed areas.
Policy 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.
Policy 4: The 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 providing habitat for
urban wildlife.
Policy 5: The Village shall develop programs on Village -
owned or leased lands to eliminate exotic nuisance plant
species.
jaJ %131ST 1%taq=&ta.sis
VILLAGE OF TEQUESTA
Post Office Box 3273 • 357 Tequesta Drive
Tequesta, Florida 33469 -0273 • (407) 575 -6200
FAX: (407) 575 -6203
f7CN CO M ay
August 28, 1990
John C. Randolph, Esq.
Jones, Foster, Johnston & Stubbs, P.A.
P. 0. Drawer E
West Palm Beach, Florida 33402 -3475
RE: DCA vs. V.O.T.; Stipulated Settlement Agreements
Dear Skip:
Enclosed herewith, are the five (5) Stipulated Settlement
Agreements which have been attested by the Village Clerk.
Also enclosed is a certified copy of Resolution No. 12 -89/90
adopted by the Village Council on August 9th which pertains to
this same-subject.
Per your previous request, these items have been provided to
you to forward to the DCA.
Sincerely yours,
Thomas G. Bradford
Village Manager
-TGB /mk
Enclosures
cc: Scott D. Ladd, Building Official
Reeyded Paper
