HomeMy WebLinkAboutOrdinance_21-13_08/08/2013 ORDINANCE NO. 21-13
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 50. NATURAL RESOURCE
PROTECTION; BY AMENDING THIS CHAPTER TO PROVIDE
INTERNAL CONSISTENCY, TO UPDATE CERTAIN PERMITTING
REQUIREMENTS AND APPEAL REQUIREMENTS, TO MAKE
REFERENCE TO STATE MANGROVE PROTECTION LAWS AND
COUNTY WELLFIELD PROTECTION REGULATIONS; TO
RELOCATE VEGETATION OBSTRUCTION REGULATIONS FROM
CHAPTER 30; AND TO PROVIDE CODE ENFORCEMENT PENALTIES
FOR UNLAWFUL TREE REMOVAL; PROVIDING THAT EACH AND
EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 50.
SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY
ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Village Council of the Village of Tequesta desires to amend the Village
Code of Ordinances at Chapter 50. Natural Resource Protection, to provide internal consistency,
to update certain permitting requirements and appeal requirements, to make reference to state
mangrove protection laws and county wellfield protection regulations; to relocate vegetation
obstruction regulations from Chapter 30; and to provide code enforcement penalties for unlawful
tree removal; and
WHEREAS, the Village Council of the Village of Tequesta believes it to be in the best
interests of the health, safety, and welfare of the citizens of the Village of Tequesta that the
Village amend its natural resource protection ordinance as stated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 50. Natural Resource Protection. of the Code of Ordinances of the
Village of Tequesta is hereby amended to provide internal consistency, to update certain
permitting requirements and appeal requirements, to make reference to state mangrove protection
laws and county wellfield protection regulations; to relocate vegetation obstruction regulations
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from Chapter 30; and to provide code enforcement penalties for unlawful tree removal;
providing that Chapter 50 shall hereafter read as follows:
Chapter 50
NATURAL RESOURCE PROTECTION
ARTICLE I. - IN GENERAL
Secs. 50 -1- 50 -30. - Reserved.
Secs. 50- 1- 50 -30. - Reserved.
ARTICLE H. - ENVIRONMENTALLY SENSITIVE LANDS
Sec. 50-31. - Applicability; interpretation.
Sec. 50 -32. - se.
Sec. 50 -33. - Definitions.
Sec. 50 -34. - Violations; enforcement; penalties.
Sec. 50 -35. - Designation of environmentally significant lands.
Sec. 50 -36. - Exemption for prior alterations and existing uses.
Sec. 50 -37. - Exemption for single - family and duplex residential units and lands owned by
village.
Sec. 50 -38. - Exemption for vested development rights.
Sec. 50 -39. - Review rop cedures for imposed land alteration.
Sec. 50 -40. - Approval criteria for proposed land alteration.
Sec. 50-41. - Appeals.
Secs. 50- 42- 50 -70. - Reserved.
Sec. 50 -31. - Applicability; interpretation.
(a) All provisions of this article shall be effective within the incorporated areas of the
village, and this article shall set requirements to preserve and protect
environmentally sensitive lands.
(b) This article shall be liberally construed to effect the purpose set forth.
(c) This article shall apply to Ecosystems 61 and 63 as identified in the
comprehensive plan, and all proposed land development subject to site plan
approval as established in chapter 78.
Sec. 50 -32. - Purpose.
The purpose of this article is to preserve and protect the values and functions of
environmentally sensitive lands from alterations that would result in the loss of these
lands or significant degradation of their values and functions.
Sec. 50 -33. - Defmitions.
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The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Alteration means the result of human- caused activity which modifies, transforms,
or otherwise changes environmentally sensitive lands, including, but not limited to,
placement of vehicles, structures, debris or any other material objects thereon,
introduction or injection of water or other substance, and removal, displacement or
disturbance of plant or animal species, soil, rock, minerals or water.
Department means the department of community development of the village.
Dominance means the presence of species or communities in greater numbers,
biomass or areal extent than competing species or communities, or a scientifically
accepted tendency of species or communities to achieve such a status under existing or
reasonably anticipated conditions.
Ecosystem means an assemblage of living organisms (plants, animals,
microorganisms, etc.) and nonliving components (soil, water, air, etc.) that function as a
dynamic whole through organized energy flows.
Endangered, threatened and rare species and species of special concern means
species listed as endangered, threatened, rare or of special concern by one or more of the
following agencies:
(1) U.S. Fish and Wildlife Service.
(2) Florida Game and Fresh Water Fish Commission.
(3) Florida Committee on Rare and Endangered Plants and Animals.
(4) Florida Department of Agriculture.
(5) Treasure Coast Regional Planning Council.
Environmentally sensitive lands means ecological sites or ecosystems, other than
wetlands, that encompass a high - quality native state ecosystem. Such a site will possess
at a minimum:
(1) Ecological integrity, indicated by:
a. An identifiable scrub habitat;
b. A high dominance of native species;
c. Characteristic spatial pattern and diversity of ecosystems; and
usually
(2) One or more of the following:
a. Uniqueness.
b. Rarity.
c. Species listed as rare, threatened, endangered or of special concern
by one or more of the following agencies:
1. U.S. Fish and Wildlife Service.
2. Florida Game and Fresh Water Fish Commission.
3. Florida Committee on Rate and Endangered Plants and
Animals.
4. Florida Department of Agriculture.
5. Treasure Coast Regional Planning Council.
d. Historic identity or significance.
e. Archaeological identity.
f. Geologically significant features.
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Habitat means the environment which supports and is co- dependent with native
plant or animal communities.
Mitigation means an action or series of actions that will offset the adverse impacts
to the native upland ecosystems in the village that cause a project to be nonpermittable.
Natural resources means an ecosystem component or attribute of unique or
locally significant value to man and nature.
Wetland means those areas characterized as wetlands pursuant to F.S. ch. 403 et
seq., or those areas characterized as isolated wetlands pursuant to F.S. § 373.414, and
subject to the rules and regulations of the state department of environmental protection
and South Florida Water Management District.
Sec. 50 -34. - Violations; enforcement; penalties.
Failure to comply with the requirements of this article or any permit or approval
granted or authorized under this article shall constitute a violation of this article.
Violations of the provisions of this article, upon conviction, shall be punished in
accordance with section 1 -14. Additionally, damage to the environmentally sensitive
lands may result in an order to restore to pre - existing site conditions. In addition to the
sanctions contained in this section, the village may take any other appropriate legal
action, including, but not limited to, administrative action and requests for temporary and
permanent injunctions, to enforce the provisions of this article. It is the purpose of this
article to provide additional cumulative remedies. The provisions of this article shall be
enforceable by the village special magistrate.
Sec. 50 -35. - Designation of environmentally significant lands.
(a) Lands shall be designated as environmentally significant if they contain a
significant amount of one or more of the following habitat types:
(1) Coast scrub.
(2) Xeric hammock or xeric scrub.
(3) Tropical hammock.
(4) Low hammock, temperate hammock or mesic hammock.
(5) Mixed hardwood swamp or hydric hammock.
(6) Pond apple slough.
(7) Cypress swamp.
(8) Freshwater marsh.
(9) Mangrove swamp.
(10) Oak forest.
(b) Native habitats other than those listed in subsection (a) of this section may also be
designated as environmentally significant if they are used by or contain federally
listed endangered or threatened species or state listed endangered species. Native
habitats actively used by or supporting state listed threatened species or species of
special concern may be designated as environmentally significant lands if they
contain populations critical to the listed species' survival within the region.
Sec. 50 -36. - Exemption for prior alterations and existing uses.
(a) An exemption from this article is available for any project whereby, upon the
effective date of the ordinance from which this article is derived:
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(1) The environmentally sensitive land had been altered prior to the adoption
of the ordinance from which this section is derived;
(2) The land alteration occurred pursuant to valid permits from all applicable
regulatory entities; and
(3) The environmentally sensitive land no longer retains the natural values
and functions on which the designation of environmentally sensitive was
based.
(b) This article shall not apply to existing legal uses for which, upon the effective
date of the ordinance from which this article is derived, a level of use has been
documented. Documented uses may continue at this same level; however, an
increased level of use or a change in use shall come under the regulatory scope of
this article.
(c) An applicant who desires an exemption from this article must submit an
application for exemption to the department with accompanying evidence that he
is entitled to the exemption pursuant to this section. This application should
include, at a minimum, a description of the nature and date of this alteration,
documentation of prior approval, a site location map, photographs, an aerial
photograph clearly delineating the location of the property and other information
that may be decided necessary by the village in review of the application. The
department shall make a determination of the applicant's eligibility for an
exemption and render a written decision thereon within 30 days of receipt by the
department of the application for exemption and all information necessary to
make the exemption determination.
Sec. 50 -37. - Exemption for single - family and duplex residential units and lands owned by
village.
All single - family and duplex residential units, as well as village -owned property,
are exempt from the requirements of this article. However, no single- family or duplex
residential unit will be exempt pursuant to this section if the units are part of an overall
development plan that is subject to preserving environmentally sensitive lands as subject
to a development approval.
Sec. 50 -38. - Exemption for vested development rights.
(a) An exemption from this article is available for any project for which, upon the
effective date of the ordinance from which this article is derived:
(1) A building permit has been issued;
(2) A site plan or master plan approval has been issued;
(3) A subdivision and/or plat approval pursuant to chapter 66 and the village
land development regulations has been issued;
(4) A valid development of regional impact order has been issued;
(5) A complete application under subsection (a)(1), (2), (3) or (4) of this
section was submitted on or before the effective date of the ordinance
from which this article is derived; or
(6) A sufficiency notification for a development of regional impact has been
issued by the Treasure Coast Regional Planning Council.
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(b) An applicant who desires an exemption from this article must submit an
application for exemption to the department, with accompanying evidence that he
is entitled to the exemption pursuant to this section. This application must include
copies of supporting documentation evidencing the applicable approval under
subsections (a)(1) through (6) of this section. The department shall make a
determination of the applicant's eligibility for the exemption and render a written
decision thereon within 30 days of receipt by the department of the application
and all information needed to make the exemption determination.
(c) Any project that has received a development approval pursuant to the criteria of
this article established in section 50-40 shall be exempt from further
consideration.
See. 50 -39. - Review procedures for proposed land alteration.
(a) Any application to the department involving proposed alteration of
environmentally sensitive lands shall include an environmental assessment
identifying the effects that the proposed alteration would have on the property
prior to receiving an approval development permit. An application form
developed by the department shall be completed and submitted with the study by
the applicant. It shall be the responsibility of the department to review the study
and prepare the evaluations and recommendations specified in this section.
(b) The department's evaluation of the proposed alteration or development shall be
based upon the study submitted by the property owner or his designee. This study
shall include, but not be limited to, the following information:
(1) Application form.
(2) Site conditions:
a. Site location map, with the specific property clearly indicated (8V2-
inch by 11 -inch format).
b. Aerial photograph, with the specific property and acreage clearly
indicated (scale one inch equals 600 feet or less).
c. Map of existing terrestrial and aquatic vegetation, including exotic
species and native plant community types. A description of each
native plant community type, including canopy, understory and
ground cover, shall be provided.
d. Soil types and conditions.
e. List of endangered, threatened and rare species and species of
special concern found on the site.
f. Colonial bird nesting or roosting areas or areas in which migratory
species are known to concentrate.
g. Archaeologically and/or historically significant features.
h. Geologically significant features.
i. Area of previous disturbance or degradation, including present and
past human uses of the site.
j. Surrounding land uses and environmental features.
(3) Project design:
a. Conceptual footprint of site development, including buildings,
roadways, parking areas, utilities, water features, flood control
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structures, stormwater systems, wellfield locations, landscaped
areas, buffer areas, preserve areas, agricultural activities and other
open space areas, at the same scale and as an overlay to vegetation
mapping detailed in subsection (b)(2)c of this section.
b. Existing zoning.
c. Status of development approvals, including permit applications.
(4) Project operation:
a. Description of proposed operations to be performed on the site,
including use, storage, handling or production of substances known
to be harmful to plants and/or animals.
b. Identification of any pollutants expected to be emitted during
project operation.
c. Identification of solid wastes generated and disposal methods
expected to be used.
(5) Project alternatives. Mitigation considerations should be proposed as they
relate to possible loss of habitat or impact on endangered, threatened or
rare animal and plant species, or species of special concern, subject to
review and approval of the village. The mitigation plans shall include a
preservation management plan as defined in section 50- 40 (3).
(c) Any additional information reasonably determined to be required by the
department must be requested by the department within 30 days of receipt of the
information specified in subsection (b) of this section. For the purpose of this
article, the applicant shall not have met the procedural requirements for the
submittal of a complete application for a development order until a complete
environmental study report has been submitted.
(d) Upon receipt of the complete application, the department shall review and
evaluate the environmental impacts of the proposal in light of the goals of this
article. The department shall work with the applicant and other environmental
agencies to provide for the best possible development proposal to satisfy the goals
of this article as well as allowing for sound development of the property. The
department shall make a recommendation to the village council for consideration
in issuance of a final development order. For those projects that do not otherwise
require a development order, the department shall issue an approval by letter if the
applicant meets the standards listed in section 50 -40.
(e) The applicant shall submit an application fee as set by resolution of the village
council and on file in the village clerk's office with the environmental study, in
addition to any other application fees required in the site plan review process. No
application shall be deemed complete without the specified application fee.
(f) The village shall have the right to hire a qualified specialist at the applicant's
expense to qualify and resolve any unanswered questions. If a specialist is
utilized, a $300.00 deposit shall be posted with the village to cover or apply
toward the specialist's fees.
Sec. 50 -40. - Approval criteria for proposed land alteration.
After consideration of the department's recommendations, the proposed land
alteration shall be approved by the village council if-
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(1) The project design provides for the protection and preservation of the
values and functions of the environmentally sensitive lands;
(2) At a minim 25 percent of the environmentally sensitive lands shall be
set aside in a preserve status. Lands to be preserved shall be identified
based upon the quality of habitats, the presence of listed species,
proximity to other natural areas and other relevant factors. The village
council shall have the option to designate the portion of environmentally
sensitive lands which shall be preserved. Such areas shall be preserved in
viable condition, with intact canopy, understory and ground cover;
(3) A management plan of the preserve area shall be prepared by the applicant
and shall include, but not be limited to, eradication and continued
monitoring and removal of exotic species, and fencing requirements.
Periodic controlled burning or other mechanical methods that would
simulate the natural processes of the natural historic fire regime may be
required for some areas, subject to review and approval of the fire
marshal;
(4) For those lands identified for preserve status pursuant to subsection (2) of
this section, the applicant shall cause to be entered into the public records
of the county a conservation easement pursuant to F.S. § 704.06; and
(5) For a site on which endangered, threatened or rare species or species of
concern (listed species) are present, the following criteria can be satisfied:
a. The applicant successfully demonstrates that the proposed action
will not preclude the continued survival and viability of those
listed species located on the site; and
b. If the applicant presents a plan for relocation, either on -site or off -
site, for those listed species, which has been reviewed and
approved by all appropriate agencies.
Sec. 50 -41. - Appeals.
An applicant for a proposed land alteration may appeal a final decision of the
department pursuant to Sec. 50 -39, or of the village council pursuant to Sec. 50 -40, as
applicable, within 30 days of the rendition of the decision by filing a petition for writ of
certiorari in circuit court of the 15th Judicial Circuit in and for the county.
Secs. 5042-- 50 -70. - Reserved.
ARTICLE III. - RESERVED
Secs. 50 -71 -50 -100. - Reserved.
Secs. 50 -71 -50 -100. - Reserved.
ARTICLE IV. - MANGROVE PROTECTION
Sec. 50 -101. – Florida Mangrove Trimming and Preservation Act adopted.
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Secs. 50- 102 -50 -130. - Reserved.
Sec. 50 -101. - Florida Mangrove Trimming and Preservation Act adopted.
The Florida Mangrove Trimming and Preservation Act, Secs. 403.9321 – 403-
9333, Florida Statutes, as amended, is hereby adopted and incorporated into this article
as fully as if set forth at length in this article, as the mangrove protection ordinance of the
village. The adoption by the village of the Florida Mangrove T rimmin g and Preservation
Act shall not be construed as a request that the Florida Department of Environmental
Protection delegate its regulatory authority regarding mangrove trimming and
preservation to the village. All regulatory authority for the trimmin and preservation of
mangroves located within the jurisdiction of the village shall remain with the Florida
Department of Environmental Protection.
Secs. 50- 102 -50 -130. - Reserved.
ARTICLE V. - WELLFIELD PROTECTION
DIVISION L - GENERALLY
Sec. 50 -131. - County wellfield protection ordinance adopted.
Secs. 50- 132 -50 -150. - Reserved.
Sec. 50 -131. - County wellfield protection ordinance adopted.
There is hereby adopted the Palm Beach County Wellfield Protection Ordinance,
as set forth in Article 14, Chapter B of the Palm Beach County Unified Land
Development Code, as amended. Such ordinance is incorporated into this article as fully
as if set out at length in this article, as the wellfield protection ordinance of the village.
Secs. 50-132-50-150. - Reserved.
DIVISION 2. - WELL ZONE
Sec. 50 -151. - Creation pl ose.
Sec. 50 -152. - Boundaries.
Sec. 50 -153. - Governing bodes
Sec. 50 -154. - Financing of well construction.
Secs. 50- 155 -50 -180. - Reserved.
Sec. 50 -151. - Creation; purpose.
Pursuant to F.S. § 180.02(3), the village hereby creates a zone area or to be
designated as the Tequesta Well Zone for the purpose of constructing wells including but
not limited to any and all pipelines connected thereto to become part of the village water
supply system in order to provide water for domestic, municipal and industrial uses and
for all other incidental purposes to supply water to the residents of the village, Martin
County and Palm Beach County.
Sec. 50 -152. - Boundaries.
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(a) The boundaries of the Tequesta Well Zone are hereby established as depicted in the
Village of Tequesta Well Zone Map, which is made part of this division by reference
and is on file in the village clerk's office.
(b) The Tequesta Well Zone shall not extend for more than five miles from the corporate
limits of the village and shall not include any area within the limits of any other
incorporated city or village.
Sec. 50 -153. - Governing body.
The village council shall act as governing body of the Tequesta Well Zone to the
extent that the village council shall have the authority to construct and regulate the wells
as part of the village water supply system.
Sec. 50 -154. - Financing of well construction.
The construction of the wells shall be financed through funds from the village's
capital improvement fund.
Secs. 50- 155-50 -180. - Reserved.
ARTICLE VI. - WATER PROTECTION AND CONSERVATION
Sec. 50 -181. - RMose.
Sec. 50 -182. - Applicability: statutory authority.
Sec. 50 -183. - Definitions.
Sec. 50 -184. - Penalties.
Sec. 50 -185. - Additional remedies; disposition of fines.
Sec. 50 -186. - Cross connection and backflow prevention.
Sec. 50 -187. - Water conservation fixtures required.
Sec. 50 -188. - Plan review and inspection fees.
Sec. 50 -189. - Year round restrictions on landscape irrigation.
Sec. 50 -190. - Exemptions to year round restrictions on landscape irrigation.
Sec. 50 -191. - Water shortage plan and amendments adopted.
Sec. 50 -192. - Declaration of water shortage, water shortage emergency.
Sec. 50 -193. - jnforcement.
Sec. 50 -194. - Acceptance of regulations by persons using water services.
Sec. 50 -195. - Additional declarations of emergency.
Secs. 50- 196 -50 -210. - Reserved.
Sec. 50 -181. - Purpose.
The purpose of this article is to establish a regulatory framework and guidance
document which will protect the water resources of the village from the harmful effects
of over utilization during periods of water shortage, to allocate available water supplies
by assisting the South Florida Water Management District in the implementation of its
water shortage plan, and to help ensure consistent water and landscape irrigation
conservation throughout the village on a year round basis.
Sec. 50 -182. - Applicability; statutory authority.
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(a) All provisions of this article shall be effective within the water service areas of the
village. This article shall set restrictions, constraints and prohibitions to enhance
the village's water resources and provide a permanent water conservation
measure. Unless otherwise provided, nothing in this article shall be construed to
relieve any person from compliance with any applicable regulations enacted by
any agency of the state having jurisdiction over water resources in the village. The
provisions of this article shall not apply to those persons using saltwater, or as
otherwise specified herein.
(b) This article is adopted under the authority of F.S. ch. 166.
Sec. 50 -183. - Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Code enforcement officer means any authorized agent or employee of the village
whose duty is to ensure compliance with the provisions of this article, including, but not
limited to, designated employees of the police, building, code enforcement, and water
departments.
District means the South Florida Water Management District.
Impervious areas means land surfaces which do not allow the penetration of
water, including, but not limited to, paved roads, sidewalks, driveways, parking lots and
highly compacted areas including shell and clay.
Low - volume irrigation means that type of equipment or irrigation device designed
to provide small quantities of water consistent with the water requirements of the plant
being irrigated and to allow that water to be placed with a high degree of efficiency in the
root zone of the plant. The term also includes water used in mist houses and similar
establishments for plant propagation. Overhead irrigation and flood irrigation are not
included.
Micro - irrigation means the application of small quantities of water on or below
the soil surface as drops or tiny streams of spray through emitter or applicators placed
along a water delivery line. Micro - irrigation includes a number of methods or concepts
such as bubbler, drip, trickler, mist, or microspray, and subsurface irrigation.
Person means includes any natural person, individual, public or private
corporation, firm, association, joint venture, partnership, municipality, governmental
agency, political subdivision, or public officer or any other entity whatsoever, or any
combination of such, jointly or severally.
Reclaimed water means wastewater that has received at least secondary treatment
and basic disinfection and is reused after flowing out of a wastewater treatment facility as
defined by Rule 62- 40.210, F.A.C.
Village means the Village of Tequesta.
Water resources means any and all water on or beneath the surface of the ground,
including natural or artificial water courses, lakes, ponds, or diffused surface water, and
water percolating, standing, or flowing beneath the surface of the ground.
Water shortage condition is when sufficient water is not available to meet present
or anticipated needs of persons using the water resource, or when conditions are such as
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to require temporary reduction in total water usage within a particular area to protect the
water resource from serious harm. A water shortage usually occurs due to drought.
Water shortage emergency means that situation when the powers which can be
exercised under part H. Declaring and Implementing Water Shortage of Chapter 40E -21,
F.A.C., are not sufficient to protect the public health, safety, or welfare, or the health of
animals, fish or aquatic life, or a public water supply, or commercial, industrial,
agricultural, recreational, or other reasonable uses of the water supply.
Sec. 50 -184. - Penalties.
(a) Violation of any provision of this article shall be subject to the following
penalties:
(1) First violation: Written warning.
(2) Second violation: A fine of $30.00, to be paid within 15 days.
(3) Third violation: A fine of $100.00 to be paid within 15 days.
(4) Fourth and subsequent violations: A fine of $200.00 to be paid within 15
days.
(5) Applicability; other remedies: Each day in violation of this division shall
constitute a separate offense. The village, in addition to the civil sanctions
contained herein, may take any other appropriate legal action, including,
but not limited to, emergency injunctive action to enforce the provisions of
this division.
(b) Alternatively, any person cited for a violation of this article has a right to appear
before the special magistrate to contest the violation. Pursuant to section 2 -151 et
seq., the special magistrate my impose by a fine not to exceed $250.00 per day for
a first violation and $500.00 per day for repeat violations. In addition, any person
found to be in violation of this article by the special magistrate shall pay all costs
and expenses incurred by the village in prosecuting the case.
Sec. 50 -185. - Additional remedies; disposition of fines.
(a) In addition to the sanctions contained in section 50 -184, the village may take
appropriate action, including but not limited to service disconnection,
administrative action and requests for temporary and permanent injunctions, to
enforce the provisions of this article.
(b) A violation of this article shall result in revocation of any permit granted for
construction or renovation under this article.
(c) All monies collected pursuant to this article shall be deposited in the general fund
of the village.
(d) Repeat violations of this article may be cause for water service disconnection by
the village.
See. 50 -186. - Cross connection and backflow prevention.
All potable and irrigation water service distribution and plumbing systems shall
meet the requirements of the village cross connection and backflow prevention policy
attached to Ordinance No. 411 as exhibit A, which is on file in the village clerk's office,
as fully as if set forth in this article. When a conflict exists between a requirement set
forth in the village cross connection and backflow prevention policy and the adopted
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plumbing code of an affected governmental agency, the more stringent requirement shall
be adhered to.
Sec. 50 -187. - Water conservation fixtures required.
All new construction and additions, alterations and/or remodeling that includes
plumbing work and additions, alterations and/or remodeling that is in excess of 50
percent of the assessed value of the structure shall be required to install water
conservation fixtures, devices and appliances as follows:
(1) Low flush toilets. Toilets that use no more than 1.6 gallons of water per
flush and meet the performance standard A112.19.2M -1990 of the
American National Standards Institute (ANSI) shall be required.
(2) Low flow shower heads. Shower heads that allow no more than 2.5 gallons
of water per minute and meet ANSI standard A 112.18.1 M -1989 shall be
required.
(3) Low flow faucets. Lavatory and sink faucets that allow no more than 2.0
gallons of water per minute and meet ANSI standard A112.18.1M -1989
shall be required.
(4) Moisture control mechanisms and systems. The installation and use of soil
tensiometers, rain sensors, moisture control systems or similar approved
devices shall be required on all irrigation systems.
Sec. 50 -188. - Plan review and inspection fees.
Fees shall be paid to the village as follows:
(1) Plan review fee. There shall be a plan review fee of one percent of the
capital improvement charge (CIC) per equivalent residential connection
(ERC), payable at the time of application. Two sets of construction
drawings shall be submitted for the proposed new construction, addition,
alteration or remodeling, indicating all new and/or modified plumbing
systems and fixtures.
(2) Inspection fee. There shall be an inspection fee of two percent of the
capital improvement charge (CIC) per equivalent residential connection
(ERC), payable at the time of application.
(3) Capital improvement charge (CC). The capital improvement charge (CIC)
shall be as set forth in the village water department rate table as may be
amended from time to time.
Sec. 50 -189. - Year round restrictions on landscape irrigation.
The village hereby adopts the rules of the district, Chapter 40E- 24.201 (1"6),
F.A.C., and subsequent additions or corrections thereto; and the same are hereby fully
adopted and incorporated as if fully set forth herein at length.
Sec. 50 -190. - Exemptions to year round restrictions on landscape irrigation.
The following activities shall be exempt from the provisions of this article:
(1) Landscape irrigation by hand watering using a self - canceling nozzle,
micro- irrigation or low - volume irrigation system.
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(2) Landscape irrigation by systems from which the sole source is treated
wastewater effluent.
(3) The operation of irrigation systems for system repair and maintenance;
however, such operation shall be limited to ten minutes per zone per week.
(4) Flushing of water mains required for normal water main clearance and
maintenance and for maintenance of water quality; however, where
practical, contractors and utilities shall direct flushed water into pervious
areas, flush at the minim rate necessary for cleaning, and disperse the
water in such a manner to benefit local vegetation.
(5) Landscape irrigation for purposes of watering in fungicides, insecticides,
herbicides, pesticides and fertilizers as required by the manufacturer or by
federal or state laws; however, this exemption applies only to licensed pest
control operators and shall be limited to manufacturer's recommendations,
which must be completed within 24 hours of application. Further, such
operators must be on the premises when such watering takes place outside
the hours allowed for irrigation by section 50- 189 (a).
(6) Variances from the schedule of specific irrigation days may be granted if
strict application of the year round restrictions would lead to unreasonable
or unfair results in a particular case, provided that the applicant
demonstrates with particularity that compliance with the schedule will
result in substantial economic, health or other hardship on the applicant
requiring a variance, or on those served by the applicant. Where a
contiguous property is divided into different zones, a variance may be
granted hereunder so that each zone may be irrigated on days different
than other zones of the property. However, no variance may be granted
that would result in any one zone being irrigated more than two days per
week.
Sec. 50 -191. - Water shortage plan and amendments adopted.
The village hereby adopts the water shortage plan of the district, Chapter 40E -21,
F.A.C., and subsequent additions or corrections thereto; and the same are hereby fully
adopted and incorporated as if fully set forth herein at length.
Sec. 50 -192. - Declaration of water shortage; water shortage emergency.
The declaration of water shortage or water shortage emergency within all or any
part of the village by the governing board or the executive director of the district shall
invoke the provisions of section 50 -191. Upon such declaration all water use restrictions
or other measures adopted by the district applicable to the village, or any portion thereof,
shall be subject to enforcement action pursuant to section 50 -193. Any violation of the
provisions of Chapter 40E -21, Florida Administrative Code, or any order issued pursuant
thereto, shall be a violation of section 50 -191. In addition, prior to any determination or
declaration by the district, the village may determine that it has become seriously affected
by any such shortage of water and the village council may declare an emergency situation
and implement the provisions of section 50 -191.
Sec. 50 -193. - Enforcement.
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Every village police officer shall, in connection with all other duties imposed by
law, diligently enforce the provisions of this division. In addition, the village manager
may also delegate enforcement responsibility for this division to departments or divisions
of the village, including but not limited to the code enforcement division, other municipal
employees, or district employees in the service areas governed by this division, in
accordance with state and local law.
Sec. 50 -194. - Acceptance of regulations by persons using water services.
No water service shall be furnished to any person by a public or private utility
unless such person agrees to accept all the provisions of this article. The acceptance of
water service shall be in itself the acceptance of the provisions thereof.
Sec. 50 -195. - Additional declarations of emergency.
In the event of a facility failure or circumstance outside the immediate jurisdiction
of the South Florida Water Management District which would necessitate curtailment of
water production, or other emergency related to the provision of water service, the village
manager or his designee may declare the existence of a water shortage condition or
emergency which shall activate the provisions of section 50 -191.
Secs. 50- 196-50 -210. - Reserved.
ARTICLE VII. – TREES
DIVISION]. - VEGETATION OBSTRUCTIONS
Sec. 50 -211. - Limbs or branches overhanging neigh� property.
Sec. 50 -212. - Clearance above sidewalks bike trails and streets.
Sec. 50 -213. – General maintenance.
Secs. 50- 214-50 -230. - Reserved.
Sec. 50 -211. - Limbs or branches overhanging neighboring property.
Limbs or branches of trees, shrubs or hedges shall be contained on the property
upon which said trees, shrubs or hedges are located. If limbs or branches of trees, shrubs
or hedges shall extend over the land of another, such overhanging limbs or branches shall
constitute a violation of this Code and may be removed by the person affected.
Additionally, violations of this section may be heard by the code enforcement special
magistrate.
Sec. 50 -212. - Clearance above sidewalks, bike trails and streets.
(a) A clearance of eight feet measured from the edges and extending the full width of
all sidewalks and bike trails shall be maintained by the department of public
works at all times for the unobstructed passage of pedestrians.
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(b) A clearance of 15 feet, measured vertically from the edges of pavement, gutters or
headers, and extending the full width of all streets, shall be maintained at all times
by the department of public works for the unobstructed passage of vehicles.
Sec. 50 -213. – General maintenance.
All trees and vegetation shall be maintained in accordance with the requirements
of Sec. 78 -399 of the Village's landscaping code.
Secs. 50 -?j4 211 -50 -230. - Reserved.
DIVISION 2. - TREE REMOVAL
Sec. 50 -231. - Definitions.
Sec. 50 -232. – Violations; enforcement.
Sec. 50 -233. - Permit required.
Sec. 50 -234. - Application for permit.
Sec. 50 -235. - Issuance of permit,
Sec. 50 -236. - Exemptions.
Secs. 50- 237 -50 -260. - Reserved.
Sec. 50 -231. - Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Tree means any self - supporting woody plant, together with its root system,
growing upon the earth, usually with one trunk of at least three inches in diameter at a
height of 4%2 feet above the ground or a multistemmed trunk system with a definitely
formed crown.
See. 50 -232. – Violations; Enforcement.
Violations of this division may be brought before the code enforcement special
magistrate pursuant to Chapter 2, Article IV. Violations of this division are presumed to
be irreparable and irreversible.
Sec. 50 -233. - Permit required.
It shall be unlawful for any person to remove, damage, or destroy from any
undeveloped parcel of land located within the village any tree in excess of three inches in
diameter at a height of 4%2 feet above the ground or having a multistemmed trunk system
with a definitely formed crown prior to obtaining a land development permit from the
village council.
Sec. 50 -234. - Application for permit.
Any person desiring a land development permit as required by this division shall
submit a written application to the community development department together with a
filing fee as set by resolution of the village council and on file in the village clerk's office.
The application shall include sufficient information to delineate the extent of the clearing
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necessitated by the proposed land development, as well as sufficient information to
document the appropriate fee for the land development permit.
Sec. 50 -235. - Issuance of permit.
The application for a land development permit under this division shall be
reviewed by the village council in conjunction with village council review of the
proposed improvements to the vacant parcel of land.
Sec. 50 -236. - Exemptions.
(a) This division shall not apply to:
(1) The removal of trees on public lands or public rights -of -way conducted by or
on behalf of a federal, state, county, municipal, or other governmental agency
in pursuance of its lawful activities or functions.
(2) The clearing of vacant or developed lots within previously approved
subdivisions.
(3) The removal of trees from individually developed parcels of land, except that
the removal of any historic, specimen or native tree shall be subject to
Division 3 below.
(b) The land development permit requirement shall not be construed to prohibit the
removal or elimination of excessive accumulations of untended growth of weeds,
undergrowth, or other dead or living plant life as may be required, or prohibit
compliance with general landscaping maintenance in accordance with the
requirements of Sec. 78 -399 of the Village's landscaping code.
Secs. 50- 237 -50 -260. - Reserved.
DIVISION 3. - PRESERVATION OF HISTORIC AND SPECIMEN TREES AND NATIVE
SPECIES
Sec. 50 -261. - Purpose and intent.
Sec. 50 -262. - Definitions.
Sec. 50 -263. - Criteria for designation.
Sec. 50 -264. - Procedure for designation.
Sec. 50 -265. - Removing damaging or trimming trees without permission.
Sec. 50 -261. - Purpose and intent.
The purpose of this division is to establish general procedures for designation and
criteria for designation of historic and specimen trees and native species within the
village. The goals of this division are to:
(1) Preserve historically significant trees within the village limits;
(2) Preserve trees within the village perceived as landmarks;
(3) Protect duly designated historic and/or specimen trees from potential adverse
effects; and
(4) Protect native trees or scrub trees providing habitat for endangered Florida
species and/or endangered Florida trees.
Sec. 50 -262. - Definitions.
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The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Historic tree means a tree that has been determined in the judgment of the
planning and zoning advisory board, acting as the tree board, to be of notable public
interest because of its historic association or landmark status, and has been so designated
by action of the village council.
Native tree and endangered state tree mean a tree that has been determined in the
judgment of the planning and zoning advisory board, acting as the tree board, to be
essential for the preservation of native habitat or considered an endangered state tree.
Specimen tree means a tree that has been determined in the judgment of the
planning and zoning advisory board, acting as the tree board, to be of high value because
of its type, size, age or other professional criteria, and has been so designated by action of
the village council.
Sec. 50 -263. - Criteria for designation.
In making a designation under this division the village council shall consider the
following criteria:
(1) A recommendation made by the planning and zoning advisory board acting as
the tree board.
(2) The significance of the tree as a village landmark.
(3) The significance of the tree due to high value because of its size, age and/or
historic value.
(4) The significance of the tree in the preservation of native state habitat or a tree
determined to be endangered.
Sec. 50 -264. - Procedure for designation.
The designation of certain trees as historic, specimen, native or endangered shall
require the following procedures by the village council:
(1) The village manager shall notify the owner of the land upon which the tree is
located, by certified mail, that the village council will consider such
designation at its next regularly scheduled meeting, such notice being mailed
not less than 20 days prior to the meeting date.
(2) The village council will hear the reasons for designation, and any objections
thereto; thereafter, it will make its designations, which will be promulgated as
part of the official records of the village. In addition, the village shall prepare
and record in the public records of the county an official document reflecting
the designation of the historic, specimen, native or endangered tree, which
document shall be recorded against the land upon which the tree is located.
(3) Within 14 days after the designation of historic, specimen, native or
endangered trees, the village manager shall notify the owner of the land upon
which the tree is located, who shall be furnished with a copy of the official
action, by certified or registered mail, at the last known address of the owner
of the property involved.
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Sec. 50 -265. - Removing, damaging or trimming trees without permission.
(a) Prohibited acts. No person shall, directly or indirectly, cut down, remove or move, or
effectively destroy through damage, any historic, specimen, native or endangered
trees except after written permission duly obtained by application to and after a
hearing before the planning and zoning advisory board acting as the tree board, whose
recommendation will be forwarded with the application for review by the village
council. In addition, no person shall trim any historic, specimen, native or endangered
tree without first receiving written permission of the village manager. Additionally,
any person found guilty of a violation of this subsection shall be required to replace
the tree that has been damaged, removed or materially altered in character through
illegal trimming with, to the extent possible, a tree of like size and kind. Failure to
replace the tree may result in a daily fine for each day the violation occurs.
(b) Exceptions. If any historic, specimen, native or endangered tree designated as such
shall become dangerous to the public health, welfare or safety, and should require
removal without delay in the interest of public safety, the village manager may
authorize the removal thereof and shall promptly report his actions to the village
council. If it is determined by the village manager that any historic, specimen, native
or endangered tree is in need of trimming or pruning and a determination is made by
the village manager that the trimmin or pruning will not have an adverse effect on
the life or health of the tree, the village manager may authorize the trimming or
pruning of the tree and report his actions in that regard.
(c) Enforcement. The failure to comply with the provisions of this division shall cause
the violation to be considered by the code enforcement officer and such violation may
be brought before the code enforcement special magistrate pursuant to Chapter 2,
Article IV. Violations of this division are presumed to be irreparable and irreversible.
Nothing in this section shall preclude the village seeking relief by civil action through
mandatory injunctive relief or other relief available through the court.
Section 2: Each and every other Section and Subsection of Chapter 50. Natural
Resource Protection. shall remain in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 4: Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon passage.
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Upon Second Reading this 8 day of August 2013, the foregoing Ordinance was offered by
Council Member Paterno who moved its adoption. The motion was seconded by Council
Member D'Ambra and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Abby Brennan X
Vice -Mayor Vince Arena X
Council Member Steve Okun X
Council Member Tom Paterno X
Council Member Frank D'Ambra X
The Mayor thereupon declared the Ordinance duly passed and adopted this 8 day of August
2013.
MAYOR OF TEQUESTA
Abigai Brennan
ATTEST:
� 0
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Lori McWilliams, MMC� Ogp m;�_
Village Clerk ". gg : air=
'- ,,�,�•A 195?..••• . s ,
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