HomeMy WebLinkAboutOrdinance_603_02/16/2006•
ORDINANCE NO. 603
ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM
~H COUNTY, FLORIDA, PROVIDING VEGETATION STANDARDS FOR PROXIMITY TO
~TRIC FACILITIES; PROHIBITING INTERFERENCE WITH UTILITY SERVICES;
SIDING FOR CIVIL PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION;
TIDING AN EFFECTIVE DATE.
WHEREAS, the Village of Tequesta finds that electric
vice is a necessary service to ensure the health and well-being of
citizens and to the maintenance of order and the economic vitality
the Village; and
WHEREAS, Florida is at the beginning of a cycle of
creased and more frequent storms and hurricanes which cause great
mage and disruption to the Village of Tequesta and the citizens and
sinesses therein; and
WHEREAS, the damage to electric facilities caused by trees
n be mitigated, over time, by a system of regulation of the type and
cations of trees which can be planted in proximity to electric
cilities, and the trimming and removal of trees which are likely to
pact electric facilities; and
WHEREAS, the Village of Tequesta deems it to be in the best
terests of the Village and its citizens to select and locate the
• propriate vegetation for landscaping in proximity to overhead power
'nes and to adhere to Florida Power & Light's "Right Tree - Right
ace Guidelines";
THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Vegetation standards for proximity to electric
cilities.
Electric utilities shall have the right of ingress and egress at any
me over property in order to maintain, trim and remove trees and
her vegetation which may affect electric service.
Planting requirements shall be mitigated or exempted when the
oposed location of said tree is in proximity to overhead or
derground electric facilities. This section shall be applicable to
1 new vegetation planted and to replacement planting of dead,
stroyed or otherwise removed vegetation within the limits of the
llage.
No tree shall be planted where at mature height it may conflict with
erhead electric facilities. Large trees (trees with a mature height
f 30 feet or more) shall be planted no closer than a horizontal
istance of 30 feet from any overhead electric facility. Medium size
rees (trees with a mature height of 20 to 30 feet) shall be planted no
loser than a horizontal distance of 20 feet from any overhead electric
• acility. Small trees and shrubs, with a mature height of less than 20
eet, may be planted adjacent to electric power facilities.
lance 603
2 of 3
• Palm trees must be planted at a distance from overhead electric
cilities not less than the mature maximum frond length plus three
et.
FPL's Right Tree - Right Place program shall be used as guidelines
facilitate the selection of trees to be planted in proximity to
ctric power facilities; and nothing herein shall be construed to
mit planting of exotic species of vegetation.
FPL, including its agents and contractors, shall be responsible
r any permanent damage proximately caused by its tree trimming
tivities within the corporate limits of the City of Tequesta. This
ction is always subject to regulations, rules and tariffs promulgated
approved by the Florida Public Service Commission.
ion 2. Violation for interference with utility services.
It shall be unlawful to interfere with, to disrupt, prevent or alter
flow of electric utility service.
No individual shall refuse to permit a utility or its designees'
gress and egress to and from property for the purpose of pruning,
imming, maintaining or removing vegetation that may. interfere with
e delivery of safe and reliable electric service.
At all times during the year, each person owning or controlling real
operty within the Village shall cause all landscaping situated upon
• ch real property, including, but not limited to trees, branches, palm
onds, vines, bushes and any other vegetative matter, to be maintained
d trimmed so that no tree branches, palm fronds, vines, bushes or
her vegetative matter shall be situated at any point any closer than
'x feet to any overhead electric utility facilities. Failure to
mply with this section shall be a violation of this ordinance.
ction 3. Remedy for violation of this section.
A violation of this section shall result in a civil penalty
cruing each day the violation continues and shall be enforced in
cordanee with enforcement procedures in the Village Code. Such civil
nalty shall constitute a lien on the real property of the violator in
cordanee with Florida law.
The Village may also exercise any rights and powers given to
nicipalities in Chapter 162 Florida Statutes, as amended, to
fectuate the purpose of the ordinance.
ction 4. Severability. If any provision of this Ordinance or the
plication thereof is held invalid, such invalidity shall not affect
e other provisions or applications of this Ordinance which can be
ven effect without the invalid provisions or applications, and to
is end, the provisions of this Ordinance are hereby declared
verable.
ction 5. Repeal of Ordinances in Conflict. All other ordinances
• f the Village of Tequesta, Florida, or parts thereof which conflict
'th this or any part of this Ordinance are hereby repealed.
dinance 603
ge 3 of 3
• ction 6. Codification. This Ordinance shall be codified and made a
rt of the official Code of Ordinances of the Village of Tequesta.
i
ction 7. Effective Date. This Ordinance shall take effect
ediately upon its passage and approval, as provided by law.
FOREGOING ORDINANCE was offered by Vice Mayor Watkins, who moved
' s adoption. The Ordinance was seconded by Council Member Genco and
on being put to a vote, the vote was as follows:
FOR ADOPTION
m Humpage
t Watkins
raldine A. Genco
m Paterno
e Mayor thereupon declared
opted this 16t'' day of February 2006.
AGAINST ADOPTION
•
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the Ordinance duly passed and
MAYOR OF j
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im Humpag
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