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HomeMy WebLinkAboutDocumentation_Regular_Tab 09_01/10/2006 VILLAGE OF TEQUESTA MEETING AGENDA ROUTING SHEET MEETING DATE: � - �� / o �o� �, G�h��� AMENDED MEETING DATE: l�f �,��� � . SUBJECT: (�� d�.-.cz,.,.u, � �C9,.� � � %u - �f G�����u- l� /1) , Ci COVER MEMO ATTACHEIY �����`�� Qa� �� 2oos' � r�'� ' U��G� C� � % = ���� RESOLUTION OR ORDINANCE NUIVIBER: � r' ✓� `�� ORIGINATING DEPARTMENT: G� . L) , DEPARTMENT HEAD APPROVAL � � FUNDING SOURCE: 2005/2006 BUDGET ACCOUNT NUMBER: CURRENT BUDGETED AMOUNT AVAILABLE: $ AMOUNT OF THIS ITEM: $ .�//j� BUDGETED BALANCE REMAINING: (PIGGYBACK CONTRACT NAME AND # OR COMPETITNE BID FOR ANYTHING OVER $10,000 - ATTACH 3 BIDS) APPROVALS: FINANCE DIRECTOR _ �//� • VILLAGE MANAGER �� VILLAGE ATTORNEY (if Needed) Yes No PLEASE RETURN TO VILLAGE CLERK TO PLACE ON THE AGENDA To: Mayor and Council From: Community Development Catherine Harding ; Date: December 28, 2005 Subject: Ordinance #603, Right Tree- Right Place In a memo dated 10-21-2005, Michael Couzzo, Village Manager, forwarded to you a revised draft of a proposed vegetation ordinance. That draft is what makes up this proposed ordinance #603. In brief, you made revisions to the Remedy for Violation Section. The Planning and Zoning Board approved the final draft at their December l, 2005 meeting. Those minutes are attached. Also please find attached a pamphlet from FPL, briefly describing their program. This ordinance is being presented to you for� a first reading. ORDINANCE NO. fiO3 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FL4RIDA, PROVIDING VEG�TATION STANDAR�S � FQR PROXIMIN TO ELECTRIC FACILITIES; PROHIBITING INTERFERENCE WITH UTILITY SERVICES; PROVIDING FOR CIVtL PENALTfES; PROVlDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLlCT; PROVIDING �4R CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Viilage of Tequesta finds that electric s�rvice is a necessary service to ensure the health and well-being of the eitizens and to the . maintenance of order and fhe economic vitality of the �Ilage; and � WHEREAS, Florida is at the beginning of a cycle of increased �nd more frequent storms and hurricanes which cause great damage and disruption to th� Village of Tequesta and the citizens and businesses therein; and WHEREAS, the damag� to ele.ctric facilities caused by #rees can be mitigated, over time, by a system of regulation of the type and locations of trees which can be planted in proximity to electric facilities, and the frimmin� �nd removal of trees which are likely to impact electric facilities; and WHEREAS, the Village of Tequesta deem$ it to be in the best interests of the Village and its citizens to select and locate the appropriate vegetafion for landscaping in proximity to overhead power (ines and to adhere to Florida Power & Light's "�tight Tree — Right Place GuidelinesA; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIaA, AS FOLLQWS: Section 1. Vegetation 5tandards for proximity to electric facilities. a) Electric utilities shatl have the right of ingress and egress at any time . over property in order to maintain, trim and remove trees and other.vegetation which may affect electric service. �_ b) Planting requirements shall be mitigated or exempted when the proposed location of said tree is in proximity to overhead or underground electric facilities. This section shall be applicable to all new vegetation planted and to replacement planting of dead, destroyed or otherwise removed vegetation within the limits of the Village. c) No tr�e shaU be planted where at mature height it may conflict with � overhead electriafacilities. Large trees (trees with a mature height of 30 feet or more} shall be planted no closer than a horizontal distance of 30 feet from any overhead eleetric facility. Medium size trees (trees with a mature height of 20 to 30 feet) shait be planted no cioser than a horizontal distance of 20 feet from any overhead electric facility. Small trees and shrubs, with a mature height of less than 20 feet, may be planted adjacent to electric power facilities. d) Palm trees must be planted at a distance from overhead electric facilities not less fhan the mature maximum frond length plus three feet. e) FPL's Right Tree — Right Place Guideiines shall be used fo facilitate the selection of trees to be planfed in proximity to electric power facilities; and nothing herein shall be construed to permit planting of exotic species of veg�tation. �Section 2. Violation for interFerence with u#ility services. a) It shall be unlawfut to interfere with, to disrupt, prevent or a{ter the f{ow of electric utility service. b) No individual shall refiuse to permit a utility or its designees' ingress and egress to and from property for the purpase of pruning, trimming, maintaining or removing vegetation that may interfere with the delivery of safe and reliable electric service. c) At al! times during the year, each person owning or controliing real property within the Viltage shalt cause all landscaping situated upon such real property, including, but not limited #o trees, branches, palm fronds, vines, bushes and any other vegetative matter, to be m�intained and trimmed so that no trees branches, palm fronds, vines, bushes or other vegetative matter shall be situated at any point any cfoser than six feet to any overhead electric utility facilities. Failure to comply wifh this section shall be a violation of this ordinance. Section 3. Remedy for violation of this section. a) A violation of this section shall result in a civil penafty accruing each day the violatron continues and shall be enforced in accordance with enforcement procedures in the Village Code. Such civil penalty shall cortstitute a lien on the real property of the viotator. b) The Village may also exercise any rights and powers given to r�unicipalities in Chapter 162 Florida Statutes, as amended, to effectuate the purpose of the ordinance. Section 4. Severability. if any provision of this 4rdinance or the application thereof is held invalid, such invalidity shafl not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 5. Repeal of Ordinances in Conflict. All otMer ordinances of the Village of Tequesta, Florida, or parts thereof which cor�flict with this or any part of this Ordinance are hereby repealed. Section 6. Codification. This Ordinance shall be codified and made a part of the official Code of Qrdinances of the Vllage of Tequesta. Section 7. Effective Date. This Ordinance shall take effect immedi�tely upon its passage and approval, as provided by law. THE FOREGOING ORDIfVANCE was offered by Councilmember , whv moved its adbption. The Ordinance was seconded by Councilmember and upon being put to a vote, the vote was as follows: FOR AD�PTION AGAINST ADOPTION The Mayor thereupt�n declared the Ordinance duly passed and adopted this day of , 2006. . MAYOR OF TEQUESTA ATTEST: Viflage Clerk � � �� MINUTES � VILLAGE OF TEQUESTA . PLANNING AND ZONING ADVISORY MEETING DECEMBER 1, 20Q5 I. Catl to Order and Roll Call The Village of Tequesta �Planning and Zoning Advisory Board held a regularly scheduled meeting at the Tequesta Recreation Center, 399 Seabrook Road, Tequesta, Florida on Thursday, December 1, 2005. Chair Schauer called the meeting to order at 6:31 P.M. A roll call was taken by Gwen Carlisle, Village Clerk. Board Members present were: Chair Elizabeth Schauer, Vice Chair Steve Okun, Board Member Leslie Cook, and Board Member William Wilder. Alternate Board Members Russell von Frank and Carl Blase were present in the audience. Also present were Assistant Village Manager Bob Garlo, Community Development Director and Clerk of the Board Catherine Harding, and Village Clerk Gwen Carlisle. Board Member Charles Reinwald was absent from the meeting. Assistant Village Manager Garlo introduced Ms. Catherine Harding to the Board, indicating she had formerly been Building Director for Islamorada, Florida, and was very qualified for the position of Community Development Director. II. Approval of the Agenda Vice Chair Okun and Board Member Wilder indicated they each had matters to be discussed under "Any Other Matters". MOTION Vice Chair Okun moved to approve the agenda as amended to include items from Vice Chair Okun, Board Member Wilder, and Alternate Board Member von Frank under Any Other Matters; seconded by Board Member Wilder; motion passed 4-0. III. Approval of Minutes a) October 6, 2005 Meeting Minutes Board Member Cook requested correction of two minor typos: on page 3, paragraph 3, delete the word "fine" and insert "fill"; and on page 9 clarify the sentence "Mr. Ulrich asked how does the group get involved in the dialog with Council". Vice Chair Okun requested that his comment on page 11, paragraph 2, first sentence be softened. Village Clerk Carlisle responded that she would clarify and soften the statement. Board Member Cook pointed out that Zuccarelli's name had been misspelled throughout the document. Minutes — Planning and Zoning Advisory Board Meeting 12/1/2005 Page 2 MOTION: Board Member Wilder moved to approve the October 6, 2005 meeting minutes; seconded by Board Member Cook; motion passed 4-0. IV. New Business a) Proposed Ordinance Providing Vegetation Standards for Proximity to Electric Facilities Board Member Cook referred to a memo provided in the packets which stated � draft language had been designed to address previous concerns, and asked if this board had expressed previous concerns. Chair Schauer responded that memo was addressed to the Mayor and Council, and referred to their previous concerns; no concerns had been expressed by this board. Village Clerk Carlisle explained the Village Council had requested that at the time the Planning and Zoning Board received this package that it also be provided to Council for review; therefore, it had also been provided to them as an FYI. Assistant Village Manager Garlo shared the history of the ordinance, advising that at some point the Village Council had requested a presentation from FPL � regarding power lines and how to keep from losing power during storms. Mr. Garlo explained that one of the things discussed at that time had been the possibility of adopting an ordinance that would govern the proximity of trees to power lines, and FPL had indicated they were in the process of formulating a model policy. Mr. Garlo explained that what FPL had done was to provide language to municipalities from their program "Plant the Right Trees in the Right Place", which the municipalities had attempted to place into their ordinances, and that language was what had been used in the ordinance presented tonight. Chair Schauer stated that she was President of the Tequesta Pines Homeowners Association, and advised that when they had done their landscaping plan they had installed curbs and gutters so that their trees could be closer to the street and farther from the power lines. Chair Schauer asked how residents would be notified that their vegetation was a problem so that they could be provided with sufficient time to trim before a storm, noting that information could be placed in the Village newsletter or they could be notified by Code Enforcement. Community Development Director Harding, whose department included Code Enforcement, explained that this ordinance would not be difficult to regulate because it did not deal with any existing trees, but basically covered only new planting, which in the planning stages would be supervised in plan review. Replanting, which would not come through a review, would be caught through any type of advertising that could be done to educate the public or by the Code Enforcement Officer, who was driving � Minutes — Planning and Zoning Advisory Board Meeting 12/1/2005 Page 3 through the Village daily. Ms. Harding commented a normal ordinance would give up to 30 days for compliance—a reasonable time. If someone was seen ' planting a tree, reasonable would be to stop immediately and provide the � Village with a design indicating its location. Also, a reasonable time could be time to call a landscaper to move the tree at the Village's discretion. Ms. Harding advised that,what was reasonable depended on the circumstances for what was currently going into the ground, and those were the conditions that would be picked up on by Code Enforcement. Chair Schauer commented there were many trees that needed trimming, and the public could be asked to trim as good neighbors. Vice Chair Okun suggested that the Village put together a flyer with information on replacing downed trees, which could be provided to all landscaping companies, nurseries, Home Depot, and other similar businesses. This flyer could also be used when residents were notified that there were problems with their vegetation. Chair Sehauer noted there were more trees blowri down in Hurricane Wilma than in Frances or Jeanne, and although some did not fall near power lines it was unknown what might happen in the future. Ms. Harding stated she believed the power company did do some pruning and the Village probably could arrange something with them concurrently with adoption of this ordinance, such as them going axound with the Village and providing help with pruning, and the Village could continue to advise the public what kind of pruning they needed to do. Ms. Harding agreed � that the Village newsletter would be a good way to inform the public. Chair Schauer expressed her opinion that the flyer was an excellent idea, and requested extra copies that she could distribute at the annual meeting of her homeowners association. Chair Schauer advised that during Hurricanes Frances and Jeanne there had been loss of power after trees hit the telephone lines. Vice Chair Okun noted that the newsletter was an effective tool and suggested an insert with a big headine stating: If your property has power lines adjacent to it, read this. Board Member Cook suggested that FPL run the notices because they were expensive. Chair Schauer requested 220 notices to use as inserts in her homeowner association's newsletter. Board Member Wilder commented he had been at the Village Council meeting and heard the FPL presentation, and recalled that FPL had planned to do an education program in the whole area they served, whether or not the Village adopted an ordinance. Mr. Garlo advised that he was not aware whether they were presently conducting such a program. Board Member Cook indicated many of the power poles that snapped had been old. Chair Schauer expressed amazement that concrete poles had fallen, resulting in a whole section of Military Trail being closed. Board Member Cook commented people needed to talk to their congressmen. Minutes — Planning and Zoning Advisory Board Meeting 12/1/2045 Page 4 � MOTION Board Member Cook moved to recommend to Village Council approval of the propased ordinance providing vegetation standards for proximity to electric facilities; seconded by Board Member Wilder; motion passed 4-0. V. Communications from Citizens Russell von Frank, 485 Dover Road, noted that trees were mentioned in code sections 30-32, 33, 30-62, and 30-91, but power lines were not, which he felt should also be addressed. Mr. von Fra.nk questioned why certain trees that were not accepted in the State of Florida were not included in zoning districts R-1 and R1A, but were mentioned in other zoning districts. Chair Schauer responded that the new Community Development Director would look into that and report to the board. Mr. Von Frank coinmented that the ordinance that covered golf carts did not address go-karts, mopeds, scooters, tricycles, bikes, other mechanized vehicles, etc. Mr. Garlo responded that this was dictated by �State statute, which stated that golf carts were illegal but provided a provision to make them legal, although that had never been done in Tequesta. However, the practice had been to allow golf carts, with discretion as to enforcement. The issue had come up because some children in the Country Club had operated golf carts recklessly, which was a public safety issue. The current understanding was that residents would be educated as to the reality that golf carts were not legal to operate at all, with enforcement action using discretion as needed. Mr. Garlo indicated that the Village would probably continue to pursue whether they would like to legalize golf carts. Mr. Von Frank indicated there was also a problem with scooters on the road, and he had brought this up because of concern with any type of motorized vehicle. Chair Schauer reported that a neighbor's 4-year-old child rode his mini- hummer in the street in her cul-de-sac, and that the Tequesta Pines newsletters had been used to ask parents to take responsibility for the welfare and safety of their child. Board Member Wilder stated he believed an ordinance should be added to the code book so that it could be enforced. Chair Schauer noted another neighbor's child was always on the sidewalk in a motorized vehicle, and that was a parental responsibility. Board Member Wilder asked if the Police Chief could include scooters in an ordinance; Mr. Garlo advised he was not aware that the Chief was working on such an ordinance but that the Chief had discussed the Statute and indicated it would be the Village Council's decision whether to legalize golf carts. Vice Chair Okun expressed concern that the Police Department could be in a precarious position because they were responsible not only to the Village but also to the State to enforce ordinances, and if someone had a serious injury there would be very innovative attorneys who would pull things out, and police officers could be handcuffed to a very damaging policy. Mr. Garlo responded the Statutes governed, agreed with Mr. Okun's comments, and advised it was very difficult for a police officer who had been told not to allow � 3 Pla nt the Ri ht Tree g FPL i n� the Ri ht Place g When planting, please consider Large Trees � Large Palms where the tree will be located I11 30' minimum setback �t--�` maximum palm } relation to overhead and : Medium Trees � �� frond length � . : ; P i�s ; underground utiliry lines. (The ti " 20' minimum setback ; - 3 feet ^ location of these lines should - � f determine the kind of tree to plan 1 and site selection.) The mature tre ''°� � ���,��> ; must have enou h s ace awa � v�` 9 P Y �- , � �; from power lines and in an area '' `� j' ' � � � Small hees an shr�bs may be large eno�gh to accommodate th Z '�l-- planfecl adjac t to power lines canopy and root system. - Planting tall ' - t , growing trees . _. 'a� � � under or near ' .�, :%� � power lines will ultimately ' require pruning Trees Shown at Mature Height to maintain safe clearance from `he wires. Trees toppling into �erhead power lines can become �" °� p p�b��� safe haZa�d a�d d�5��pr Recommended Trees for South Florida: your electric service. Therefore it is These trees would be soitable for planting adjacent best not to plant tall growing trees under or r,ear power I�nes. to overhead distribution powerlines You should not attempt to trim any vegetation growing near or on Geiger Tree Spanish Stopper (Cordia sebestena) (Eugenia spp.) any overhead power lines. Only This slow growing tree Narrow canopy and the abilify specially trained line clearing has striking orange blossoms to grow in limited soil space makes professionals should work around in ihe spring. Whether mulfi• this tree ideal for parking lof stemmed or with a single islands and small landscapes. power lines. r���k this tree works well as Drought-toleranf once established. a specimen or patio tree. Growth Rate: Slow to moderate Growth Rate: Slow Maturity Heigh� x Spread: Always Consider the Ultimate Maturity Height x Spreod: 15-20' x 15' 15-20' x 20' Foliage: Evergreen Mature Size when Planting Foliage: Evergreen ,,;, . . } . Glaucous Cassia Silver Buttonwood (Cassia surattensis) T 2 � �' �, . (Conocarpus erectus var. sericeus) BeaufiEul yellow flowers on an �:� years � - }� Silver to blue-green foliage provides outstanding small hee. Prune to ,;;� � S"' � accent as a small tree or buffer. maintain tree form. Ideal for b • F Multi-stemmed, tough tree adapts small landscapes as years; � well to urban areas. an accent tree. � Growth Rate: Moderate � Growth Rate: Moderate , �, � Maturity Height x Spread: Mafurity Height x Spread: �!+�" �� 3 15-20' x 20'-30' 15-20' x 15-20' ,_'�3 /ears Foliage: Evergreen Foliage: Evergreen , S ' f _ : ; f ; � > :: wrtiw.FPL.com/trees : - 1 _ � ' � :,�.� r� t _. . � _ . . . .. . . . .. � . ,.. . , ..> . ;.�,..._�, _ ._� �: _ . , -� Large Trees Need Their Space So That They Do Not Interfere With Power Lines Here's a list of some canopy trees often seen in South Florida. These large, canopy trees need their space. If you plant a canopy tree on your property please follow these guidelines: Bald Cypress 60-80' x 25-30' 30' Upright 8� narrow Brazilian Beautyleaf 30-45' x 30-50' 30' Spreading canopy Green BuMonwood 30-40' x 20-30' 30' Spreading vase Gumbo Limbo 25-40' x 35-50' 30' Spreading canopy Uprighf 8� Narrow , . � . � Jacaranda 35-40' x 45-60' 30' Spreading canopy Live Oak 60-8Q' x 60-120' 30' Spreading canopy Mahogany 50' x 50' 30' Rounded canopy Paradise Tree 30-50' x 30' 30' Upright & rounded �.�� Pigeon P�um 20-40' x 20-30' 20' Upright & roundecl Spreading Canopy Pink Trumpet Tree 25-35' x 15-25' 20' Uprigh# oval Roya� Poinciana 25-40' x 50-60' 30' Rounded & spreading :.°srr Satinleaf 25-40' x 25' 30' Upright vase shaped � , South Floricla Slash Pine 35-50' x 30-40' 30' Upright & slightly spreading _ Wild Tamarind 40-60' x 45' 30' Weeping spreacling Uprighf & Spreading Thonks ro �he Fbrida Urban Fwestry Coun<J for provfdirg in(orma�ion kr �his publlmtion. Yult the Fbrida Urban Foreshy Council web sik at wwvi.fufc.org. ' • • ' - - Make �ure there are no. buried_ wires ', . . -...- -- . . - . � diggi,ng. in the spot,for.your � - • • -• • • • - • • •- • - -.. heiiv tree �us`tomers are asked to calLSun��i€rie :,. •• - - - -- • •- . . . -. Stpfe Di�e`Eali pf 1-$00-�32-4774 be�ore � • - •• - ' • • • • . - diggfng .in an area "with ur�derground services �; r ; • • • • " " • " • • ' • . With�n ,2 ,�ul( b�siness days of. notice d uti[it}f • - • • • • - • - - • • - • - - . . _ 1'Bpf2S@tl�d�'i�lB Wft� . s= . • >��z � - �nspect the: �. , , :<� properiy tg locafe ! • ' ;�� , = and`mark any � �{ . � � - � bu�ied wires. ., y _ _ ' There �s rio. char�g , ' for this sery�ce :. ... _ w�vv�%.caliscrnsf�ine com Visit www.FPL.tom/trees for a list of FPL qualified tree contractors who can help you maintain your trees and keep them clear of power lines. Find out about many other energy topics by visifiing ��vww MSC56-O505