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HomeMy WebLinkAboutDocumentation_Regular_Tab 02_02/16/2006 VILLAGE OF TEQUESTA MEETING AGENDA ROUTING SHEET MEETING DATE: Thursday February 16, 2006 QUESTED ACTION: 2" reading of Right Tree-Right Place ordinance RESOLUTION OR ORDINANCE NUMBER: 603 ORIGINATING DEPARTMENT: Community Development � DEPARTMENT HEAD APPROVAL ��2�� j �'. FUNDING SOURCE: 2005/2006 BUDGET ACCOUNT NUMBER: CURRENT BUDGETED AMOUNT AVAILABLE: $ AMOUNT OF THIS ITEM: $ BiJDGETED: BUDGET TRANSFER REQUIRED: APPROPRIATE FUND BALANCE: SiJMMARY: After 1 St reading Council requested additional text to include FPL liability for damage proximately caused. Piggyback Contract Name and number: Or Competitive Bid for anything over $10,000-Attach 3 Bids APPROVALS: FINANCE DIRECTOR VILLAGE MANAGER VILLAGE ATTORNEY (if Needed) Yes No ORDINANCE NO. 603 AN ORDTNANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PAI�M BEACH COUNTY, E'LORIDA, PROVIDING VEGETATION STANDARDS FOR PROXIMITY TO ELECTRIC FACILITIES; PROHIBITING INTERFERENCE WITH UTILITY SERVICES; PROVIDING FOR CIVIL PENALTIES; PROVIp2NG FOR SEVERABILITY; PROVTAING FOR REPEAL OF ORDINANCES IN CONFLTCT; PROVIDING EOR CODIFiCATION; PROVIDING AN EFFECTIVE DATE. WSEREAS, the Village of Tequesta finds that electric service is a necessary service to ensure the health and well-being of • the citizens and to the maintenance of order and the economic vitality of the Village; and WHEREAS, Florida is at the beginning of a cycle of increased and more frequent storms and hu�ricanes which cause great damage and disruption to the Village of Tequesta and the citizens and businesses therein; and WHEREAS, the damage to electric facilities caused by trees 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 trimming and removal of trees which are likely to impact electric facilities; and WHEREAS, the Village of Tequesta deems it to be in the best interests of the Village and its citizens to select and locate the appropriate vegetation for landscaping in proximity to overhead power lines and to adhere to .Florida Power & Light's "Right `Pree - Right Place Guidelines"; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCTL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLURIDA, AS FOLIAWS: Section 1. Vegetation standards for proximity to electric facilities. a) Electric utilities shall 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 tree shall be planted where at mature height it may conflict with overhead electric facilities. 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 electric facility. Medium size trees (trees with a mature height of 20 to 30 feet) shall be planted no closer 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 than the mature maximum frond length plus three feet. e) FPL' s Right Tree - Right Place �,��-�� shall be used to facilitate the selection of trees to be planted in proximity to electric power facilities; and nothing herein shall be construed to permit planting of exotic species of vegetation. f) FPL, including its agents and contractors, shall be responsible for any permanent damage proximately caused by its tree trimming activities within the corporate limits of the City of Tequesta. This section is always subject to regulations, rules and tariffs promulgated or approved by the Florida Public Service Commission. Section 2. Violation for interference with utility services. a) It shall be unlawful to interfere with, to disrupt, prevent or alter the flow of electric utility service. b) No individual shall refuse to permit a utility or its designees' ingress and egress to and from property for the purpose of pruning, trimming, maintaining or removing vegetation that may interfere with the delivery of safe and reliable electric service. c) At all times during the year, each person owning or controlling real property within the Village shall cause all landscaping situated upon such real property, including, but not limited to trees, branches, palm fronds, vines, bushes and any other vegetative matter, to be maintained and trimmed so that no tree branches, palm fronds, vines, bushes or other vegetative matter shall be situated at any point any closer than six feet to any overhead electric utility facilities. Failure to comply with 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 penalty accruing each day the violation continues and shall be enforced in accordance with enforcement procedures in the Village Code. Such civil penalty shall constitute a lien on the real property of the violator in accordance with Florida law. b) The Village may also exercise any rights and powers given to municipalities in Chapter 162 Florida Statutes, as amended, to effectuate the purpose of the ordinance. Section 4. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 5. 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 6. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 7. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember , zvho moved its adoption. The Ordinance was seconded by Councilmember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this 16 day of February, 2006. MAYOR OF TEQUESTA Jim Humpage ATTEST: Gwen Carlisle Village Clerk