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Home My WebLink AboutDocumentation_Regular_Tab 08A_02/08/2001 FEB. 2.2001 1�33PM JONES FOSTER JOFWSTON & STUBBS N0.635 P.1i'T � , Jt� F7�gier Ccnttr To`yer, SuitE 1100 Mailin$ Addresr ��IZL V�71 Vl�l 505 $ousb P[agdes Dsive Post OiLce Box 3475 Q, e Wesc �n Beacb, Flotid� 33401 W�st Palm $eaCh, Flarida 3340?-3475 �l �l�j ��' y T�lephone (561) 659'3000 PaCSimile (Sblj 832-1454 �� 1 C� Joha G �andvipb, F.sg b�t �tl; {561) 650-0458 ��: fostCr.com 'TjT�'' � _�� '--�., �ebruary 2, 200I 'V'YA FAX: 575-620:i Mr. Nt�c�sel R Cou�o, Jr_ � K� �-t�u �:�n village�g� ..._ __...._._ V'�llage of Tequesta. post �fice Box 3273 .. . . � Tequesta,, Florida �3469-0273 I�E: Village of �equesta �ation of F�istortc and Specimen Trees Qur File No. 13153.1 Dear �: I have made the c.h�nges thatha.�ve been �quested bythe Council in reg�+dta the a#ached cmdinaace reltttno�g to hi5toric aud specimen tr�es. As incTiiC�ed at the p�r'�ous Council meeting, it is my opinioa tisat the c�ianges tbat ha.ve becn included in $tis ordinanve are �ao�+e appropriately �ncluded witt�in a sepacste a=din�at�ce simed at desling with na�ive habitau�s, which ardina�c� w�ould provide t;pporitmities for mitigation, etG. It appefus from the camunents of Catu�ilmemb�r WalJ� t]�# her ori�n�l inte�t in asicing the Council to oonsider a�a ordiaance such as this was to preserve nati've tc�esvvinchp�+ovidecipTOtection farnative Labitattuatweretl�r�edt�oughp�i�der►elopment Yfthat was t� oxiginal inben� #hen I do not feel that the ordinanee relating tfl bistodc and specimen trees ruas responsive to the re.ques� as Such au oxdinaace is aimed specifically at preserving oertain individual specixn� trees located an properties throughotrt the Village, not neeessaxily staads of trees �vluch arn protective of nati�'e habitat . � ��-,- � FEB. 2.2001 1=34PM JONES FOSTER JOHNSTON & STUBBS NO•635 P-2/7 � MI. �.C�1 R. �.'OIITlA� �f. Fe�y 2, 2aoi Page 2 A.t any rate, I have aumeaded the ordin,ance as onginallY Prep�� to incltyde the comments and suggestions which were made hy Councilmembers at the ],ast meeting- Zbis ordi,nance is in a fonu which caa be conside�d. by the Cot�acil for adoption or far diseussi.on in reg�a�cd to tbe iss�es rai.5ed in this le�r. Sinc,�relY, JON�S, FO T�R, J�HNSTON & S'I'CTABS, ]'A. � ohn C. Randolph Enclosttre JCR/ssm. cc: Joann Mangat�iello . Joanne �urnsed . � 0 a ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VII,LAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 14, LAND DEVELOPMENT, BY INCLUDING A NEW ARTICLE VII, PRESERVATION OF HISTORIC AND SPECIMEN TREES AND NATIVE SPECIES ESSENTIAL TO PRESERVING NATIVE HABITATS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR DEFIlVITIONS; PROVIDING FOR CRITERIA; PROVIDING A PROCEDURE FOR DESIGNATION; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section l. The Code of Ordinances of the Village of Tequesta is hereby amended at Chapter 14, Land Development, to include a new Article VII, titled Preservation of Historic and Specimen Trees and Native Saecies, to read as follows: CHAPTER 14 LAND DEVELOPMENT "ARTICLE VII. PRESERVATION OF HISTORIC AND SPECIMEN TREES AND NATIVE SPECIES Sec.14-108. Purpose and Intent. The purpose of this ordinance is to establish general procedures for designation and criteria for designation of historic and specimen trees and native s ecies within the Village of Tequesta. The goals of this ordinance are to: (1) preserve historically significant trees within the Village of Tequesta limits; (2) preserve trees within the Village of Tequesta perceived as landmarks; arn�-(3) protect duly designated historic and/or specimen trees from potential adverse effects and (41 native trees or scrub trees providin� habitat for endan ered Florida suecies andJor endan�ered Florida trees. Sec.14-109. Definitions Historic tree means a tree that has been determined in the judgment of the Community Appearance 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 or endangered �lorida tree means a tree or trees that have been determined in the iud�ment of the Communitv Appearance Board. actin� as the Tree Board. to be essential for the ureservation of native habitat or considered an endangered Florida tree. Specimen tree means a tree that has been determined in the judgment of the Community Appearance 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.14.110. Criteria. In making such a designation the Village Council shall consider the following criteria: (a) A recommendation made by the Community Appearance Board acting as the Tree Board. (b) The significance of the tree as a Village landmark. (c) . The significance of the tree due to high value because of its size, age and/or historic value. �d The significance of the tree in the ureservation of native Florida habitat or a tree determined to be endan ered Sect.14.111. Procedure for Designation. The designation of certain trees as historic—or, specimen native or endangered shall require the following procedures by the Village Council: (a) The Village Manager shall notify the owner of the land upon which the tree is located, by certified rnail, that the Village Council will consider such designation at its next regularly scheduled meeting, such notice being mailed not less than twenty (20) days prior to the meeting date. (b) '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-ar specimen, native or endangered tree, which document shall be recorded against the land upon which the tree is located. (c) Within fourteen (14) days after the designation of historic-rn specimen, native or endan�ered trees, the Village Manager shall notify the owner 2 r 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. Sec.14.112. Enforcement. (a) Damaging, destroying without permission, trimming without permission. No person shall, directly or indirectly, cut down, remove or move, or effectively destroy through damage any historic-or, specimen, native or endangered trees except after written permission duly obtained by application to and after a hearing before the Community Appearance 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 historicbr, specimen, native or endan�ered tree without first receiving written permission of the Village Manager. Additionally, any person found guilty of a violation of this section 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; emergency rernoval. If any historic-or specimen. native or endan�ered tree designated as such sliall become dangerous to the public health, welfaze or safety, and should require removal without delay in the interest of public safety, the Village Manager may authorize the removal thereof and promptly report his actions to the Village Council. If it is determined by the Village Manager that any historic-or, specimen, native or endan�ered tree is in need of trimming or pruning and a determination is made by the Village Manager that the trimming or pruning will not have an adverse effect on the life or health of the tree, the Village Manager may authorize the trimming or pnuung of the tree and report his actions in thatregard. (c) Failure to comply. The failure to comply with the provisions of this ordinance shall cause the violation to be considered by the Code Enforcement Officer and such violation shall be handled pursuant to the procedures prescribed by law and a fine imposed accordingly. Nothing herein shall preclude the Village seeking relief by civil action through mandatory injunctive relief or other relief available through the court." Section 2. 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 2. 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. 3 - Section 3. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 4. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember , who 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 4 . . The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 2001. MAYOR OF TEQUESTA Joseph N. Capretta ATTEST: - Village Clerk C:\Core1�IVlyFiles\Ordinances�iistoric Specimen Tree Redline.wpd February 2, 2001 5 � ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 14, LAND DEVELOPMENT, BY 1NCLUDING A NEW ARTICLE VII, PRESERVATION OF HISTORIC AND SPECIMEN TREES AND NATIVE SPECIES ESSENTIAL TO PRESERVING NATIVE HABITATS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR DEFI1�lITIONS; PROVIDING FOR CRITERIA; PROVIDING A PROCEDURE FOR DESIGNATION; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAIlVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOV�S: Section 1. The Code of Ordinances of the Village of Tequesta is hereby amended at Chapter 14, Land Development, to include a new Article VII, titled Preservation of Historic and Specimen Trees and Native Species, to read as follows: CHAPTER 14 LAND DEVELOPMENT "ARTICLE VII. PRESERVATION OF HISTORIC AND SPECIMEN TREES AND NATIVE SPECIE5 Sec.14-108. Pnrpose and Intent. The purpose of this ordinance is to establish general procedures for designation and criteria for designation of historic and specimen trees and native species within the Village of Tequesta. The goals of this ordinance are to: (1) preserve historically significant trees within the Village of Tequesta limits; (2) preserve trees within the Village of Tequesta perceived as landmarks; (3) protect duly designated historic and/or specimen trees from potential adverse effects; and (4) native trees or scrub trees providing habitat for endangered Florida species andlor endangered Florida trees. Sec.14-109. Definitions Historic tree means a tree that has been determined in the judgment of the Community Appearance 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 or endangered Florida tree means a tree or trees that have been determined in the judgment of the Community Appearance Board, acting as the Tree Board, to be essential for the preservation of native habitat or considered an endangered Florida tree. Specimen tree means a tree that has been determined in the judgment of the Community Appearance 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.14.110. Criteria. In making such a designation the Village Council shall consider the following criteria: (a) A recommendation made by the Community Appearance Board acting as the Tree Board. (b) The significance of the iree as a Village landmark. (c) The significance of the tree due to high value because of its size, age and/or historic value. (d) The significance of the tree in the preservation of native Florida habitat or a tree determined to be endangered. Sect.14.111. Procedure for Designation. The designation of certain trees as historic, specimen, native or endangered shall require the following procedures by the Village Council: (a) 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 twenty (20) days prior to the meeting date. (b) 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. (c) Within fourteen (14) days after the designation of historic, specimen, native or endangered trees, the Village Manager shall notify the owner of the land 2 upon which the tree is located, who shall be fumished with a copy of the official action, by certified or registered mail, at the last known address of the owner of the property involved. Sec.14.112. Enforcement. (a) Damaging, destroying without permission, trimming without perrrcission. 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 Community Appearance Board acting as the Tree Board, whose recommendation will be forwarded with the application for review by the Village Council. In addition, no person sha.11 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 section sha11 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; emergency removal. 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 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 trimming or pruning will not have an adverse effect on the life or health of the tree, the Village Mana.ger may authorize the trimming or pruning of the tree and report his actions in that regard. (c) Failure to comply. The failure to comply with the provisions of this ordinance shall cause the violation to be considered by the Code Enforcement Officer and such violation shall be handled pursuant to the procedures prescribed by law and a fine imposed accordingly. Nothing herein shall preclude the Village seeking relief by civil action through mandatory injunctive relief or other relief available through the court." Section 2. 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 2. 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. 3 i� Section 3. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 4. Effective Date. This Ordinance shall take effect ixnmediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember , who 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 4 The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 2001. MAYOR OF TEQUESTA Joseph N. Capretta ATTEST: Village Clerk C:\Corel�MyFiles\Ordinances�IIistoric Specimen Tree Revised.wpd February 2, 2001 5