HomeMy WebLinkAboutDocumentation_Regular_Tab 08B_02/08/2001 � �
MEMOR.ANDUM
To: Michael R Couzzo, Village Manager
From: Scott D. Ladd, Director of "mmunity Devetopment � p
Kara L. Irwin, Planner �i��
Date: Jan.uary 4, 2001
Subject: Ordinance to Adopt Historic Tree Preservation Regulations
In the past, the members of the Community Appeazance Board expressed an interest in the actions of
other municipalities in regards ta the preservation of Historic and Landmark Trees. The Community
Appeazance Board indicated a desire for similar �regulations and/or process within the V�lage of Tequesta.
The Community Appexrance Boazd specifically referred to the Banyan tree at the entrance to Bay Harbor
and a cluster af Banyan trees on the grounds of the Tequesta Country Club as candidates for
historic/specimen trees.
The Community Appeazance Board acting as the Tree Boazd shall initiate the process by recommending
to th,e Village Counc� the designation of a tree as historic or specimen The Council shall then consider
the recommenclation according to the criteria provided an.d either approve or disa.gprove the designation.
The process/regulations have been outlined in two separate Ordinances. The atta�h,�d. Ortiinance amends
Chapter 7, Community Appearance Boazd, allowing the Tree Boazd to recomcnend to Village Council the
designation of historic and/or specimen trees.
Attached are nineteen (19) sets of packets, including an original, for.the above referenced subject. Village
Attorney has approved the Ordinance for legal farm and sufficiency. Please pla.ce this on the January 11,
2001 agenda for the Village Council Meeting. Staff recommends approval.
r
��., JolvE,s
'� FOSTER Flagler Center Tower, Suite 1100 Mailing Addr•ess
` w JOHNSTON 505 South Flagler Drive Post Office Box 3475
Q� �+�D� � A West Palm Beach, Florida 33401 West Palm Beach, Florida 33402-3475
CX �7 DJ� .tl 'Telephone (561) 659-3000 Facsimile (561) 832-1454
Attorneys and Counselors
John C. Randolph, Esq.
Direct Dial: (561) 650-0458
E-mail: jrandolph@jones-foster.com � � ±;�';�;
December 22, 2000 VIA FAX: 575-6239
Kara L. Irwin, Planner
Village of Tequesta.
Post Office Box 3273
Tequesta, Florida 33469-0273
RE: Village of Tequesta
Draft Historic Tree Ordinances
Our File No. 13153.1
Dear Kara:
I have reviewed your draft ordina,nces submitted under your memo of December 15, 2000, relating
to historic trees. Each ordinance appears to be in good form: I have enclosed copies on which I have
made some typographical and non-substantive modifications.
Sincerely,
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
John C. Randoiph
JCR/ssm
Enclosures
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ORDINANCE NO.
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AMENDING CHAPTER 7, OF THE CODE OF
ORDINANCES OF THE VILLAGE OF TEQUESTA RELATING
TO THE COMMUNITY APPEARANCE BOARD, BY AMENDING
SECTION 7-7, POWERS AND DUTIES AS THE OFFICIAL
TREE BOARD OF THE VILLAGE; PROVIDING FOR
SEVER.ABILITY; PROVIDING FOR THE REPEAL OF
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CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Village Council of the Village of
Tequesta finds that the protection of certain trees
is necessary to preserve the history and the natural
environment of the Village; and
WHEREAS, the Village Council of the Village of
Tequesta desires to establish reasonable regulations
for the protection and preservation of trees that are
significant to the history of the Village, the State
of Florida, of the Nation, and/or which exemplify a
native tree specie; and
WHEREAS, the Code of Ordinances of the Village of
Tequesta presently does not contain language enabling
the Tree Board to recommend to the Village Council a
tree as historic or as a significant Iandmark;
NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AS FOLLOWS:
Section 1. PURPOSE That the Village of Tequesta
Code of Ordinances Chapter 7, "Community
Appearance Board", Section 7-7, entitled "Powers
and duties as the official Tree Board of the
Village" is hereby amended, as set forth herein.
S.ection 2. SCOPE Sec. 7-7, Powers and duties
as the official Tree Board of the Village.
In addition to the functions provided pursuant
to the other provisions of this chapter, the
Community Appearance Board shall constitute the
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official Tree Board of the Village of Tequesta and
as such shall:
1. Annually develop and present to the Village
Council a written community tree management
program and supporting work plan, which,
upon acceptance by the Village Council,
shall constitute the official comprehensive
tree plan for the Village.
2. Annually, prepare plans for a Tequesta
Annual Arbor Day ceremony, for approval by
the Village Council.
3. Make recommendations to the Village Council
upon any matter coming within the scope of
its work, as deemed necessary.
4. Make recommendations to the Village Council
that certain trees located within the �
Village be designated as specimen or
historic trees. In making such a
determination, the Tree Board shall
consider, but not be limited to, the
following criteria:
a. The significance of the tree as a
village landmark.
b. The significance of the tree due to
high value because of its size, age
and/or historic value.
c. The significance of the tree to the
history of the Village, State of
Florida or the Nation.
5. Perform any other duties assigned by the
Village Council.
Section 3. SEVERABILITY If any court or
competent jurisdiction shall hold any word, part,
section, paragraph or provision hereof to be
unlawful or unconstitutional, such ruling or
finding shall not affect the remaining portions of
this Ordinance, which shall remain in. full force
and effect.
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Section 4. REPEAL OF CONFLICTING ORDINANCES
Al1 Ordinances or part of ordinances in conflict
herewith shall be and the same are hereby
repealed.
Section 5. CODIFICATION This Ordinance shall be
codified and made a part of the official Code of
Ordinances of the Village of Tequesta, Florida.
S�ction 6. EFFECTIVE DATE This Ordinance shall
become effective immediately upon passage.
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
The Mayor thereupon declared the Ordinance duly
passed and adopted this day of ,
A.D, 2000.
MAYOR OF TEQUESTA
Joseph N. Capretta
ATTEST:
Joann Manganiello
Village Clerk
Resoluti \Ordinances\Historic Trees