Ord 11-14 i
ORDINANCE NO. 11-14
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING CHAPTER 91, "ANIMALS", BY REPEALING "SEA
TURTLES", SECTIONS 91.50 THROUGH AND 91.99, IN THEIR
ENTIRETY AND ENACTING A NEW SECTION 91.50 IN ITS
PLACE IN ORDER TO ADOPT BY REFERENCE THE PALM
BEACH COUNTY CODE PROVISIONS REGARDING SAME;
PROVIDING A GENERAL REPEALER CLAUSE; SAVING CLAUSE;
AND AN EFFECTIVE DATE.
NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 91, "Animals", Section 91.50, "Purpose", Section 91.51, "Lighting
Restrictions Along Beach", Section 91.52, "Publicly-Owned Lighting", Section 91.53, "Reserved", and
91.99, "Penalty", of the Code of Ordinances of the City of Delray Beach, Florida, shall be repealed in their
entirety and a new Section 91.50 "Sea Turtles" shall be enacted to read:
SEA TURTLES
Sec. 91.50. PURPOSE.
The pufpose of this sttbehftptej! is to pfateet the threatened ftiid endangefed sea tat-des
-trees of
VA-tielt nest ala ..e eaches of the Gity by saferardifig the ' 61 --m sot
ftilifleial light
'See. 7. T=IGWING 4CiG2�Ni7T.C79NG BRACH.
PGH.
Beaeh is defined f-pi!pui!poses of+,is subehapter fts be*that!and aloeg the Atlantic eee
&aiT�ate any ateft of the beach inay be used foi! tttttle nesting and hatehliigs- IN order to
fteeamplish this, all lighfiftg shaIl be shielded of sefeened so that the light is not ft visible soute-p
4--am the beach dtitiiag the night petiod ftaim March 4 to Getaber 31 of eaeh y:efi:f. "Night
eIl:
-T i
See_91.52. 7]7 TR 7 T!'T V I lSV7T L zG i7�1 i iNG.
possible, at park
ftj�efts, hall be sidbjeet to the faHowifig.:
(A) ANIenever
shades or shields thftt wiR pfevent baek4igh6fig ft-Rd tender s"elt lights not visible
L:...._.. the 1.......1..
s
lights to the e--mtencl
y
Sees. 91.53, WRSE �-T-D
91.99. n�T.7ynr r�r
ARTICLE 14 ENVIRONMENTAL STANDARDS.
CHAPTER A PALM BEACH COUNTY CQDE SECTIONS REGARDING SEA TURTLE
PROTECTION AND SAND PRESERVATION ADOPTED BY REFERENCE.
Article 14 Cha tet A "Sea Tuttle Protection and Sand Preservation" of the Palm Beach
County Code of Ordinances, as set forth in Exhibit "A"_are incQ=orated by reference within this
chapter as if fully set forth herein.
Section 2. That 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 division
shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared
to be invalid. By adopting this ordinance, the City Commission intends that each part shall be separate
from one another and any part declared to be invalid or unconstitutional shall not affect the validity of any
remaining portions of the ordinance.
Section 3. That all ordinances in conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon passage.
2 Ord. No. 11-14
PASSED AND ADOPTED in regular session on second and final readin e day
of 2014.
AYOR
City Clerk
First Reading
Second Rea,ding
3 Ord.. No. 11-14
Coversheet Page 1 of 1
•
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Louie Chapman, Jr., City Manager
DATE: April 25, 2014
SUBJECT: AGENDA ITEM 10.A - REGULAR COMMISSION MEETING OF MAY 6, 2014
ORDINANCE NO. 11-14
BACKGROUND
This ordinance is before Commission for second reading to consider approval to amend
Chapter 91, "Animals", by repealing "Sea Turtles", Sections 91.50 through 91.99, in their
entirety and enacting a new Section 91.50 in its place in order to adopt by reference the Palm
Beach County Code provisions regarding the same.
At the first reading on April 16, 2014, the Commission passed Ordinance No. 11-14.
Legal Review: This complies with all applicable laws.
Finance Department Review: Finance recommends approval. Estimated first year cost for
this program is less than $ 2,000 (for signs.) Ongoing costs would be negligible.
Discussion: This item is before Commission to approve Ordinance No. 11-14.
Timing of Request: This matter is not time sensitive.
FUNDING SOURCE
Funding is available from 001-3141-541.52-20.
RECOMMENDATION
Staff recommends approval of Ordinance No. 11-14 on second and final reading.
http://agendas.mydelraybeach.com/Bluesheet.aspx?ItemID=7869&MeetingID=503 7/1/2014
Coversheet
r
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Lula Butler, Director, Community Improvement
THROUGH: Louie Chapman, Jr., City Manager
DATE: April 10, 2014
SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF APRIL 16, 2014
ORDINANCE NO. 11-14
ITEM BEFORE COMMISSION
The item before Commission is Ordinance No. 11-14, repealing Chapter 91, "Animals", in its
entirety and enacting a new Section 91.50 "Sea Turtles" in its place in order to adopt by
reference Palm Beach County's Sea Turtle Protection Ordinance, Article 14.A in its entirety.
BACKGROUND
Staff provided detailed information to the Commission at the workshop meeting on April 8,
2014, regarding the requirements to receive funding under Palm Beach County's dune
restoration or shore protection ordinance for projects carried out by the City, requiring the
adoption of an equally or more stringent ordinance than the County's. Staff recommended
the City opt-in to Article 14.A thereby adopting it by reference, which replaces our current
Chapter 91 governing Sea Turtles. The Commission agreed to move forward with staff's
recommendation.
RECOMMENDATION
Staff recommends approval of Ordinance No. 11-14 on first reading.
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=7815&MeetingID=501[4/25/2014 2:44:36 PM]
EXHIBIT "A"
ARTICLE 14
ENVIRONMENTAL STANDARDS
CHAPTER A SEA TURTLE PROTECTION AND SAND PRESERVATION
Section 1 Purpose and Intent
The purpose of this Chapter is to reduce impacts of coastal lighting and beach obstructions on sea turtles
and prohibit the removal of sand from the beach/dune system. [Ord. 2009-040]
Section 2 Definitions
See ART. 1.1. DEFINITIONS AND ACRONYMS
Section 3 STPZ/STOP -Sea Turtle Protection Ordinance
This Chapter shall be known as the PBC Sea Turtle Protection and Sand Preservation Standards. It repeals
and replaces PBC Ordinances 72-12, 78-20, 87-I3 and 902.
Section 4 Applicability
A. All provisions of this Chapter shall be effective within the unincorporated and incorporated areas of
PBC, and shall set restrictions, constraints and requirements to preserve and protect sea
turtles, sea turtle habitat and beach/dune sediments. Notwithstanding the foregoing, incorporated
areas that have a Sea Turtle Protection Ordinance (STPO} shall not be subject to the provisions
of this Chapter that pertain to coastal lighting, and incorporated areas that have established a
sand protection zone to preserve beach/dune sediments shall not be subject to the
provisions of this Chapter pertaining to sand preservation_ [Ord.20I1-001]
B. PBC funds for dune restoration or shore protection projects in municipalities shall be contingent
upon this Chapter being fully enforced or the adoption and enforcement of an equally stringent or
more stringent ordinance by a municipality. Funding determinations shall be based on ERM's
review and acceptance or rejection of a municipality's replacement ordinance, as well as a
review of permits and variances and enforcement notices issued pursuant to the municipal
ordinance.
C. This Chapter shall apply to any coastal lighting activity that has the potential to adversely impact
sea turtles in PBC within the limits of jurisdiction. This Chapter shall also apply to any sand
removal or degradation that has the potential to adversely impact the unique sediments which
comprise the coastal beach/dune system in PBC within the limits of jurisdiction.
Section 5 Authority
This Chapter is adopted under the authority of F.S. 125.01 et seq.
Section 6 Jurisdiction
A. ERM shall have regulatory authority over coastal lighting and alterations to the beach/dune
system. This Chapter establishes two zones of jurisdiction- the Sea Turtle Protection Zone (STPZ)
and the Sand Preservation Zone (SPZ). The STPZ extends from three miles offshore of the
Atlantic Ocean and along inlet shorelines to a line 600 feet landward of the mean high water line.
The SPZ extends from the mean high water line of the Atlantic Ocean to 600 feet landward.
I
B. The STPZ is established for the purpose of minimizing and controlling coastal lighting. [Ord. 2011-
001]
C. The SPZ is established for the purposes of maintaining the volume and quality of beach sand
presently existing within the beach/dune syste m. The unique characteristics of the sediments
contained in the existing beaches and dunes of PBC require the preservation of these
materials within the beachldune system. [Ord. 2011-001]
D. Within the limits of jurisdiction of the STPZ as defined in this Chapter, no person, firm,
corporation, municipality, special district or public agency shall perform new building
construction or install any new artificial lighting on any property that, in whole or in part, is
seaward of a line 600 feet landward of the mean high water line without first having obtained
an approved Sea Turtle Protection Lighting Plan (STLP) from ERM as provided for in this
Chapter. Existing beachfront lighting causing direct or indirect illumination within the STPZ as
defined herein shall comply with ArticlQ 14.A.1J. Standards for Fxistin Beachfront Lighting.
[Ord. 2009-040)
E. Within the limits of jurisdiction of the SPZ as defined in this Chapter, no person, firm,
corporation, municipality, special district or public agency shall remove any beach or dune
sediments from their property or from the SPZ without first complying with Article 14.A.13.
Standards for SPZ.
F. Beach obstructions are exempt from the requirements of this Article. However, this exemption shall
not be in effect during sea turtle nesting season {March 1 -October 311 unless the structures are
removed daily from the beach from sunset until two hours following sunrise or after completion of a
dedicated independent sea turtle nesting survey by a Marine Turtle Permit Holder. Beach
obstructions shall be removed from the beach or placed in a single row as close to the toe of the
dune as possible in an area that does not impact native vegetation or significantly affect sea
turtles. Exemptions under this provision are not intended to authorize any violation of F.S.
379.2431 or any of the provisions of the Endangered Species Act of 1973, as may be amended.
(Ord. No. 05-27, §3.QQ} [Ord. 2006-036] [Ord. 2009-040]
Section 7 Do Minimis
Those projects for which ERM provides a written determination that there will be no significant
adverse environmental impacts. Approvals may include but are not limited to: removal of a light source
whether approved or not approved; reduction in light intensity of a light source; installation of a light source
within the STPZ which is not directly or indirectly visible from the beach. [Ord. 2009-0401
Section 8 Sea Turtle ProttCtion Lighting Plan
A. A STLP approval is required for all new building construction and new artificial lighting proposed
within the limits described in Section 6.17. A STLP must be approved by ERM prior to the issuance
of a building permit by the PZB or the local building department. [Ord. 2009-040] [Ord. 2011-001]
B. Applications shall be made on a form approved by ERM. ERM may make use of forms already in
use by the State of Florida and/or federal agencies.
C. ERM may attach conditions to any STLP approval where such conditions are deemed
reasonably necessary to protect sea turtles.
D. Any application received that is substantially the same as a previous application that has been denied
by ERM shall also be denied without further processing.
E. Any site or property owner that is subject to or recipient of a notice of violation or notice
ofnoncompliance that remains unresolved shall not be issued an ERM STLP approval.
2 Ord. No. 11-14
I
F. STLP approval shall not be issued until any and all information necessary to fully understand the
extent, nature, and potential impacts of a proposed lighting plan are received by ERM. Such
information may include, but is not limited to: [Ord.2011-001]
1. A completed application
form;
2. An explanation of the necessity and purpose of the proposed
lighting;
3. Photographs of existing conditions which may include aerial
photographs;
4. Plans showing profile and plan views depicting all light fixture locations, the elevations of
proposed and existing structures, proposed and existing vegetation, beach/dune profiles
and pertinent topographic information; and
5. Electrical, building and landscape plans shall be submitted illustrating all exterior lights and
windows within jurisdictional boundaries. Light and window tinting information shall include:
[Ord.2009-040]
a. The location, number,wa tt a g e, elevation, orientation, light f i x t u re c u t sheets,
photometric illustrations and all type (s) of proposed artificial light sources. [Ord. 2006-036]
b. P rote ctivelmitigative measures to minimize lighting impacts on sea turtles, including
measures to prevent direct and indirect illumination that is visible from the beach. [Ord.
2009-040]
c. Window tinting specifications for all windows and doors within line of sight of the beach
including percentage of visible Light transmittance (see definition of tinted glass).
G. When an application is made for a STLP approval in common areas of a multi-family residential site
(i.g., condominiums, apartments,t o w n h o u s e s, villas, etc.), the representative association, or
all of the homeowners as a group, small be the applicant. ERM shall not process an application
made by one unit owner in a multi-family setting where the work is proposed on lands designated
as, or can reasonably be considered to be, common areas.
H. Upon receipt of an application and appropriate application fee, ERM shall have 30 days to
request any additional information. Within 30 days of receipt of such additional information, ERM
may request only that information needed to clarify such additional information or to answer new
questions raised by, or directly related to, such additional information. [Ord. 2011-001]
1. If ERM does not make a request for additional information within 30 days of receipt of an
application or requested information,the application shall be deemed complete upon receipt.
J. If an applicant fails to respond to an ERM request for an application fee, or any additional
information, within 60 days, the application may be denied without prejudice. However, ERM may
grant an extension of time as is reasonable necessary to fulfill the request for additional information.
K. Upon receipt of a completed application and fee, ERM shall have 90 days to take final action unless
the applicant agrees in writing to a time extension or waiver of this requirement. Final agency action
shall be approval of a STLP, denial of a STLP, or conditional approval of STLP. Failure by ERM
to take final action within 90 days shall result in the authorization of the proposed work with
standard limiting conditions.
L. Any application containing false information may be denied, and any STLP approval granted based
upon false information maybe revoked. [Ord- 2011-001]
M. ERM STLP approvals may be issued with a duration period that is reasonably necessary to
complete the project not to exceed five years.
N. Any substantial modification to a complete application, or a STLP approval, shall require an
amended application form and an additional application fee and shall restart all time periods of this
Section.
O. No application shall be processed until ERM receives the appropriate application fee. [Ord.2011-001]
I
3 Ord. No. 11-14
Section 9 Criteria for STLP Approval
A. A STLP approval may be issued pursuant to this Chapter provided that the applicant provides to
ERM reasonable assurance that there shall be no adverse impacts to sea turtles, sea turtle
nesting,and sea turtle habitat,and that the following criteria will be met:
1. Any and all light fixtures shall be designed to be th6r minimum level necessary for safety and
shall be positioned such that they do not cause direct or indirect illumination that is visible
from the beach.
[Ord.2009-040)[Ord. 2011-
001]
a. All outdoor lighting and exterior lighting shall be directed downwards. No lights shall be
directed upwards. [Ord. 2009-040]
b. Filters shall be prohibited. [Ord.2009-
040]
c. All exterior fixtures on the seaward and the shore perpendicular sides of the building
{and the landward side of the building if they are visible from the beach) shall be well
shielded and full cut-off. [Ord.2009-040]
d. Long wave length lights that produce light that measures greater than 570 nanometers,
shall be
used for all coastal construction visible from and adjacent to the beach. Bright white Ifght,
such as metal halide, halogen, fluorescent, mercury vapor and incandescent lamps will
not be approved. Shorter wavelength lights will only be approved in areas where direct
or indirect illumination is not visible from the beach. [Ord. 2009-0401
2. Use of Window Treatments at Multifamily Residential
Properties:
In common areas of a multi-family residential property, window treatments that are
sufficient to prevent direct or indirect illumination visible from the beach shall be required on all
windows visible from the beach within jurisdictional boundaries. [Ord. 2009-040)
3. ERM determines that coastal lighting alternatives and modifications to lessen impacts are
infeasible; and
4. ERM determines that the cumulative impacts of the subject lighting project and other similar
lighting projects will also meet the criteria of this Article. [Ord. 2009-040]
B Measures that may be implemented to protect sea turtles include: elimination, modification or
alteration of all proposed and/or existing exterior lights that cause illumination which is directly or
indirectly visible from the beach. [Ord. 2009-0401
C. All lighting installed after September 2, 1987 shall complywith the following standards: [Ord. 2011-001]
1. Artificial public or private light source shall not cause illumination which is directly or indirectly
visible from the beach where it may deter adult female sea turtles from nesting or disorient
hatchlings; [Ord. 2009-0401
2. The installation of coastal lighting shall meet the standards and mitigative measures published in
the current state-of-the-art manual pertaining to coastal lighting and sea turtle conservation
available at ERM (Witherington, Blair E. & Eric R. Martin, Understanding, Assessing and
Resolving Light-pollution Problems on Sea Turtle Nesting Beaches, Florida Marine
Research Institute Technical Report, Florida Department of Environmental Protection, 2000).
[Ord. 2009-040][Ord. 2011-001:
I
4 Oid. No. 11-14
3. Any and all light fixtures shall be designed and/or positioned such that they do not cause
illumination which is directly or indirectly visible from the beach. [Ord.2009-040]
4. All lights on balconies shall be eliminated or shielded from the beach. Proposed balcony lights
which do not meet standard Article 14.A.9.C.1. Artificial public or private light source. above
shall not be authorized. [Ord.2005-002] [Ord. 2009-040]
5. Artificial lighting for decorative or accent purposes shall not be authorized within the zone of
jurisdiction unless it will not be directly or indirectly visible from the beach. [Ord.2009-040]
6. Lighting used in parking lots shall be: [Ord.2009-040]
a. Set on a base which raises the source of light no higher than 48 inches off the ground
unless the lighting does not cause illumination or is not directly or indirectly visible from
the beach. [Ord.2009-040]
b. Positioned and/or shielded such that the source of light is not visible from the beach and
does not cause illumination directly or indirectly visible from the beach. [Ord. 2009-0401
7. Sign lighting may be authorized provided it illuminates an area less than 15 square 'feet and
meets the criteria of standard Article 14.A.9.C.1,above.
S. Permanent firepits shall be positioned and/or shielded to ensure that the source of illumination is
not directly or indirectly visible from the beach. Maximum flame height shall be
determined at final inspection. [Ord. 2009-040]
9. Open fires on the beach shall be prohibited during Sea Turtle Nesting season.
[Ord. 2005-002]
10. Tinted glass or any window film applied to window glass which meets the defined criteria for
tinted glass shall be installed on all windows and doors within line of sight of the beach.
11. Pool deck lights and underwater pool lights shall be turned off while the pool is closed at
sunset during sea turtle nesting season, March 1 st-October 31st. The use of an automatic timer
shall be acceptable only for pool lighting. [Ord. 2009-040]
Section 10 Inspection Required
A. Prior to the issuance of a Certificate of Occupancy(CO) by the PZB or local building department,
each facility shall be inspected for compliance as follows:
1_ Upon completion of the construction activities, a State of Florida registered architect,
landscape architect, environmental professional or professional engineer shall conduct a site
inspection which includes a night survey with all the beachfront lighting turned on to the
highest illumination levels. [Ord. 2009-0401
2. The inspector shall prepare and report the inspection finding in writing to ERM,
identifying:
a. the date and time of initial inspection;
b. the extent of compliance with this Chapterand the approved STLP;
c. all areas of potential and observed noncompliance with this Chapter;
d. any action(s)taken to remedy observed noncompliance and date remedy will be
implemented, if applicable;and
e. the date(s) and time(s) of remedial inspection(s),if applicable.
3. The inspector shall sign and seal the inspection report which includes a certification
that
a. the beachfront lighting has been constructed in accordance with this Chapter;
b. the inspector observed the project area at night with all lights operating;
c. the beachfront lighting does not cause director indirect illumination that is visible from the
beach at the time of the night inspection;and [Ord. 2009-0401
d. the beachfront light sources within the jurisdictional boundaries are not directly or indirectly
visible from the beach at the time of the night inspection.
5 Oil. No. 11-14
Section I1 Standards for Existing Beachfront Lighting
A. Existing Beachfront Lighting
Existing beachfront €ighting causing direct or indirect illumination within the STPZ shall be
adjusted or corrected to ensure that the lighting does not cause illumination that is directly or
indirectly visible from the beach. [Ord.2011-0011
B. Adjustment to Essential Lighting
Changing coastal conditlons (including but not limited to erosion, renourishment, and vegetation
impacts, may necessitate retrofitting Light fixtures. Installation of a new fixture shall require an
approved Sea Turtle Lighting Plan (STLP} that must comply with Article 14.A.9. Criteria for
STLP Approval. Retrofits to existing fixtures shall be designed and/or positioned to ensure that
they do not cause illumination that is directly or indirectly visible from the beach. [Ord. 2006-0361
[Ord. 2009-040) [Ord.2011-0011
C. Reduction of Indirect Lighting on the Beach
The installation and maintenance of ground level barriers including dense native vegetation is strongly
encouraged and may be required to reduce the amount of lighting striking the beach/dune system.
[Ord. 2009-040]
D. Lighting for Pedestrian Traffic
Lights illuminating beach access points, dune crossovers, beach walkways, piers or any other
structure designed for pedestrian traffic shall be the minimum level necessary to maintain
safety and shall be located and shielded such that lights and their illumination are not directly or
indirectly visible from the beach. [Ord. 2009-040]
E. Use of Window Treatments
To prevent interior lights from illuminating the beach, window treatment shall be required on all
windows visible from the beach within jurisdictional boundaries. Blackout draperies or shadescreens
are preferred. Alternatively or additionally, window tint may be applied to beachfront windows. The
turning out of all unnecessary interior lights during the nesting season is strongly encouraged.
F. Special Lighting Restrictions during the Nesting Season
Effective May 1, 1988, and continuously throughout each nesting season (March 1 through
October 311, external light sources that are directly or indirectly visible from the beach shall
be disconnected or otherwise modified to comply with this Chapter. [Ord. 2009-040]
G. Recommended Corrective Action
The following measures can be used to reduce or eliminate the effects of any exterior
lighting on hatchlings and nesting sea turtles:
1. Permanently remove the light fixture; [Ord. 2006-036]
2. Disconnect the light fixture; [Ord.2006-036]
3. Reposition the light fixture so the point source of light is no longer visible from the beach; [Ord.
2006-036]
4. replace light fixtures having an exposed light source with light fixtures containing recessed
light sources or shields; [Ord. 2006-0361
5_ replace non-directional light fixtures with directional light fixtures pointing down and away
from the beach; [Ord. 2006-036]
6. replace light fixtures having translucent or transparent coverings with light fixtures having
opaque shields covering an arc of at least 180 degrees and extending an appropriate
distance below the bottom edge of the light fixture on seaward side so the light source is
not visible from the beach; [Ord.2006-036]
7. replace pole lamps with low profile, low-level luminaries so that the light source is not visible
from the beach;
S. plant or improve vegetation buffers between the light source and the beach to screen light
from the beach;
9. construct an ornamental structural barrier to shield light source from the beach; and
6 Ord- No. 11-14
10. Modify the Iight fixture by adding a shield. Ord.2006-036]
Section 12 Standards for Dune Crossovers
A. Information Sign Requirements
Permanent sea turtle information signs shall be conspicuously posted by applicable jurisdictions
at all public beach access points provided with dune crossovers. The information signs shall be
standardized by ERM.
1. Sign Posting Responsibility
Sea turtle information signs shall be encouraged at all new private beach access points
provided with dune crossovers. Signage shall be the responsibility of the property owner.
2. Sign Maintenance Requirements
Standardized sea turtle information signs shall be maintained in perpetuity such that
information printed on the signs remains accurate and legible and the signs positioned
such that they are conspicuous to persons at all public beach access points provided with
dune crossovers.
3. Sign Removal
Removal of the information signs by anyone other than those authorized by ERM is prohibited.
Section 13 Standards for SPZ
A There shall be no net Joss of sand from the SPZ. Sand temporarily excavated from the SPZ
shall be returned to the SPZ. Sand shall be returned to the SPZ prior to the issuance of a building
department CO where a CO is required, or within six months of the excavation for projects which do
not require a CO. In addition, the sand may not be degraded by mixing with any sediment, soil, or
material, such that it will not meet the definition for beach compatible sand as defined. [Ord. 2009-
040]
B. Sediment analysis of existing beach/dune and any proposed fill material to be mixed with the
existing sand may be required by ERM. Written notification must be provided to ERM (attention:
ERM Coastal Geologist)prior to removal of sand from the SPZ.
Section 14 Appeals
Any affected party may appeal a final determination of ERM pursuant to Article 14.C.11.
Appeals. Section 15 Fees
A Fees shall be required as established by resolution of the BCC. [Ord. 2009-040)[Ord.2011-
001] B. Fees shali be non-refundable and nontransferable.
C. All application fees paid by check shall be made payable to the BCC.
Section 16 Violations
A An unapproved lighting source illuminated during the night that is directly or indirectly visible
from the beach. [Ord. 2011-001]
B. An approved lighting source that has experienced a change in conditions such that it is no
longer in conformance with this Chapter. Violations may include but are not limited to: increase
of intensity or direction of the light source; failure to maintain proper shielding, addition or
modification of adjacent structures; modification of background colors of the structure; or
modification of height of vegetation, width or height of dune orwidth of beach. [Ord.2011-001]
C. Installation of beachfront light fixtures in the limits described in Section 6.D,without ERM approval.
[Ord. 2009-040]
D. Submittal to ERM of any signed and sealed lighting inspection report containing false
information. E. Removal of sand from the SPZ withoutfirst supplying written notification to
ERM.
7 Ord. No. 11-14
F_ Degrading sand by mixing with sediment, soil, or material such that it will not meet the definition for
beach compatible sand.
G. Alterations which result in a net loss of sand from the SPZ.
H. Failure to comply with the requirements of this Chapter or any approval granted or authorized
hereunder_
1. Traversing a natural dune by a pedestrian within 200 feet of a public dune walkover.
J. Any lighting projects or alterations which would have been in violation of PBC Ordinances No.72-12
78-
20, 87-13 or 90-2, as amended, during its effective period, shall continue to be violations under
this Chapter but shall be subject to prosecution under the terms of PBC Ordinance No.72-12, 78-20,
87-13 or 90-2 as amended.
Section 17 Enforcementand lmplementationof Corrective Measures
A In order to enforce compliance with the provisions of this Chapter, ERM may do one or more
of the following: [Ord. 2011-001]
1. Provide the violatorwith verbalor written notice of non-compliance; [Ord. 2011-001]
2. Require a noncompliant property owner to take corrective measures; [Ord. 2011-001]
3. Issue a notice of noncompliance; [Ord. 2011-001)
4. Issue a notice of violation citation; [Ord. 2011-001]
5. Issue a notice of hearing; [Ord. 2011-001]
6. Issue a cease and desist order;and [Ord. 2011-001]
7. Require that a building permit or CO be withheld, if the noncompliance involves new
construction. [Ord.2011-001]
B. When a violator is required to take corrective measures to cure a violation, such corrective
measures shall be implemented in addition to applicable penalties and fines. [Ord. 2011-001]
C. Violations of the provisions of this Chaptershall be punishable by one or more of the following:
1. Triple application fees for STLP approvals not obtained prior to violations involving activities
which would otherwise have been authorized as determined by ERM;
2. Enforcement procedures as outlined in this Chapter and in Article 1D-C. GROUNDWATER
AND NATURAL RESOURCES PROTECTION BOARD_ [Ord. 2011-0011
D. All monies collected as civil penalties for violations of this Chapter shall be deposited in the
Pollution Recovery Trust Fund.
CHAPTER B VVELLFIELD
PROTECTION Section 1
Purpose and Intent
A. The purpose and intent of this Chapter is to protect and safeguard the health, safety,and welfare
of the residents and visitors of PBC by providing criteria for regulating and prohibiting the
use, handling, production and storage of certain deleterious substances which may impair
present and future public potable water supply wells and wellfields.
I
g Ord. No. 11-14
Section 2 Definitions
See Art.11 DEFINITIONS AND ACRONYMS
Section 3 Applicability
A. General
The provisions of this Chapter shall be effective within the incorporated and unincorporated areas of
PBC,and shall set restrictions, constraints and prohibitions to protect present and future public
potable water supply wells and wellfields from degradation by contamination of deleterious
substances.
B_ Review and Pennitting Procedures
No building permit or business tax receipt for any nonresidential activity shall be issued by PBC
or any city located within PBC that would allow development or construction in Zones 1, 2, 3, or 4
that is contrary to the restrictions and provisions provided in this Chapter. Permits or business
tax receipts issued in violation of this Chapter confirm no right or privilege on the grantee and such
invalid permit or licenses will not vest rights. [Ord. 2007-0 U]
Section 4 Effective Date
A. Effective Date
The requirements and provisions of this Chapter shall apply immediately upon and after March 7,
1988 to all new nonresidential activities. An existing activity is one for which a building permit or
business tax receipt had been issued by the appropriate jurisdiction prior to March 7, 1988 and
which had not expired on or before March 7, 1988, or for which a completed building permit or
business tax receipt application had been filed and accepted with the appropriate jurisdiction prior
to March 7, 1988. All other activities shall be deemed"new." [Ord. 2007-013]
B. Time of Review
Any application for a building pen-nit for a nonresidential development or residential development
greater than 25 units or nonresidential development subject to review by an advisory planning body
and approval by the local governing authority or zoning board of appeals that includes property
wholly or partially within Zones 1, 2, 3, or 4, of a weilfield shall include requirements of ERM.
These requirements shall be as follows:
1. Notification by the local governing authority of the location of the property in Zones 1, 2, 3, or
4 and notarized letter from applicant admitting acceptance of notification. Notification shall be
prepared by ERM providing details of Zones, prohibitions, and measures required for
compliance;or
2. Submittal of application to ERM for notification.
C. Certification of Compliance
Any application submitted for a business tax receipt for any use within Zones 1, 2, 3, or 4
of an incorporated or unincorporated area small require certification by ERM that the use meets
the applicable requirements of this Article. [Ord. 2007-0131
D. Screening of Occupational License
It shall be the duty of each local agency to screen all applications for Zones 1, 2, 3, or 4
business tax receipts. [Ord. 2007-0131
E. Zone 1 Activities
ERM shall provide a list to all local agencies of potentially prohibited operations in Zone 1.
9 Ord. No. 11-14
ORDINANCE NO. 11-14
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING
CHAPTER 91, "ANIMALS", BY REPEALING "SEA TURTLES",
SECTIONS 91.50 THROUGH AND 91.99, IN THEIR ENTIRETY AND
ENACTING A NEW SECTION 91.50 IN ITS PLACE IN ORDER TO
ADOPT BY REFERENCE THE PALM BEACH COUNTY CODE
PROVISIONS REGARDING SAME; PROVIDING A GENERAL
REPEALER CLAUSE; SAVING CLAUSE;AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 91, "Animals", Section 91.50, "Purpose", Section 91.51, "Lighting Restrictions
Along Beach", Section 91.52, "Publicly-Owned Lighting", Section 91.53, "Reserved", and 91.99, "Penalty", of
the Code of Ordinances of the City of Delray Beach, Florida, shall be repealed in their entirety and a new
Section 91.50 "Sea Turtles" shall be enacted to read:
SEA TURTLES
Sec. 91.50. PURPOSE.
See 91.51. LIGHTING UESTDr!"T ALONG Rte'AGu
See. 91.52. PUBLIGLX OWNED LIGHTING.
1
Sees 91.53. RRS pP-.
See. 91.99. PENALTY.
ARTICLE 14—ENVIRONMENTAL STANDARDS.
CHAPTER A — PALM BEACH COUNTY CODE SECTIONS REGARDING SEA TURTLE
PROTECTION AND SAND PRESERVATION ADOPTED BY REFERENCE.
Article 14, Chapter A, "Sea Turtle Protection and Sand Preservation" of the Palm Beach
County Code of Ordinances, as set forth in Exhibit "A", are incorporated by reference within this
chapter as if fully set forth herein.
Section 2. That 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 division shall
not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be
invalid. By adopting this ordinance, the City Commission intends that each part shall be separate from one
another and any part declared to be invalid or unconstitutional shall not affect the validity of any remaining
portions of the ordinance.
Section 3. That all ordinances in conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon passage.
PASSED AND ADOPTED in regular session on second and final reading on this the day of
2014.
ATTEST: MAYOR
City Clerk
First Reading
Second Reading
2 Ord. No. 11-14
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ARTICLE 14
ENVIRONMENTAL STANDARDS
CHAPTER A SEA TURTLE PROTECTION AND SAND PRESERVATION
Section 1 Purpose and Intent
The purpose of this Chapter is to reduce impacts of coastal lighting and beach obstructions on sea turtles
and prohibit the removal of sand from the beach/dune system. [Ord. 2009-0401
Section Definitions
See ART. 1.1. DEFINITIONS AND ACRONYMS
Section 3 STPZ/ST[>P Sea Turtle Protection Ordinance
This Chapter shall be known as the PBC Sea Turtle Protection and Sand Preservation Standards. It repeals
and replaces PUC 78'20, 87-13 and 90'2.
Section Applicability
A. All pnm|o|nno of this Chapter shall be effective within the unincorporated and incorporated areas of
PBC, and shall set neutMcL|ono, constraints and requirements to preserve and protect sea
turt|em, sea turtle habitat and beach/dune sediments. Notwithstanding the foregoing, incorporated
areas that have a Sea Turtle Protection Ordinance (STP[4 mhoU not be subject to the provisions
of this Chapter that pertain to coastal lighting, and incorporated areas that have established a
sand protection zone to preserve beach/dune sediments shall not be subject to the
provisions of this Chapter pertaining to sand preservation, [Ord 2011-OOl]
B. PBC funds for dune restoration or shore protection projects in municipalities shall be contingent
upon this Chapter being fully enforced or the adoption and enforcement of on equally stringent or
more stringent ordinance by a municipality. Funding determinations shall be based on ERM'a
review and acceptance or rejection of a municipality's replacement ordinance, as well as a
review of permits and variances and enforcement notices issued pursuant to the municipal
ordinance.
C This Chapter shall apply to any coastal lighting activity that has the potential to adversely impact
sea turtles |nPBO within the limits of jurisdiction. This Chapter shall also apply to any sand
removal or degradation that has the potential to adversely impact the unique sediments which
comprise the 000sto| beoch/dune system |nPBC within the limits of]udmd|cdon.
Section Authority
This Chapter is adopted under the authority ofF.S^12{i{}l etsaq
Section Jurisdiction
A. ERIM shall have regulatory authority over coastal lighting and alterations to the beach/dune
system. This Chapter establishes two zones of jurisdiction: the Sea Turtle Protection Zone (STPZ}
and the Sand Preservation Zone (SPZ}. The STPZ extends from three miles offshore oYthe
Atlantic Ocean and along inlet shorelines to line 600 feet landward nf the mean high water line.
The SPZ extends from the mean high water line of the Atlantic Ocean to 600 feet landward.
B The STPZ |oestablished for the purpose of minimizing and controlling coastal lighting. [Ord. 2011'
O0l]
C, The SPZ is established for the purposes of maintaining the volume and quality of beach sand
presently existing within the beach/dune mymtem The unique characteristics of the sediments
contained in the existing beaches and dunes of PBC require the preservation of these
materials within the buach/dunuayatem [Ord. 2011-0011
D. Within the Umdm of jurisdiction of the STPZ as defined in this Chapter, no person, firm,
uorporation, municipality, special district or public agency ahuU pedbnn new building construction
or install any new artificial lighting on any property that. in whole or in part, is seaward of a line
600 feet landward of the mean high water line without first having obtained an approved Sea
Turtle Protection Lighting p|en (STLP) from ERM as provided for in this Chapter. Existing
beach#nnL lighting causing direct or indirect illumination within the STPZ as defined herein ahmU
comply with [Ord. 2009-040)
E. Within the limits of jurisdiction of the SPZ as defined in this Chmpter, no pereon, fimn,
uorpormbon, mun|c|pm|ity, apeu|m| district or public agency ahmU remove any beach or dune
sediments from their property or from the SPZ without first complying with Ah|u|e 14.A,18. Standards
for SPZ.
F. Beach obstructions are exempt from the requirements of this Article. However, this exemption shall
not
be in effect during sea turtle nesting season (March 1 -October 31] unless the structures are
removed daily from the beach from sunset until two hours following sunrise or after completion of
dedicated independent sea turtle nesting survey by a Marine Turtle Permit Holder. Beach
obstructions shall be removed from the beach or placed in m single mw as close to the toe of the
dune as possible in an area that does not impact native vegetation or significantly affect sea turtles.
Exemptions under this provision are not intended to authorize any violation of or
any of the provisions of the Endangered Species Act of 1973, as may be amended. (Ord. No. 05-27.
§8.OQ] [Ord. 2006-086] [Ord. 2009-040]
Section 7 Be
K8|n|m|s
Thome projects for which ERM provides m written determination that there will be no significant
adverse environmental impacts. Approvals may include but are not limited to: removal of m light source
whether approved or not approved-, reduction in light intensity of light source-, installation of light source
within the BTPZ which |m not directly or indirectly visible from the beach. [Ord. 2009-040]
Section 8 Sea Turtle Protection Lighting
Plan
A. A STLP approval is required for all new building construction and new mh|fiu|a| lighting proposed
within the ||m|tm described in Section &D. A STLP must be approved by ERM prior to the issuance
ofa building permit by the FEE or the local building department. [Ord. 2008-040] [Ord 2011-001]
B Applications mhm|| be made on a form approved by ERM ERM may make use of forms already in
use by the State of Florida and/or federal agencies.
C ERM may attach conditions to any STLP approval where such conditions are deemed
reasonably necessary to protect sea turtles.
D Any application received that |msubstantially the same as previous application that has been denied
by
ERM shall also be denied without further
processing.
E Any site or property owner that is subject to or recipient of m notice of violation or notice of
noncompliance that remains unresolved mhm|| not be issued an ERM STLP approval.
F STLP approval ahm|| not be issued until any and all information necessary to fully understand the
extent nature, and potential impacts of a proposed lighting plan are received by ERM Such
information may include, but |m not limited to- [Ord.2011-001]
1 A completed application
form-
2. An explanation of the necessity and purpose of the proposed
lighting-,
8. Photographs of existing conditions which may include meMm|
photographs-,
4. Plans showing profile and plan views depicting all light fixture |oced|ona, the elevations of
proposed and existing sLrucLunem, proposed and existing vegaded|on, beach/dune profiles
and pertinent topographic information-, and
2 ()rd. No. 11-14
5. Beutrico|, building and landscape plans shall be submitted U|uabmbng all exterior lights and
windows within ]uMmd|cUonm| boundaries. Light and window tinting information ahmU include:
[Onj2009-040]
m. The |oced|on, number, wattmge, elevation, or|entat|on. light fixture cut sheets,
photometric illustrations and mUtype(a} of proposed artificial light sources. [Ord. 2006-036]
b. Protective/mitigative measures to minimize lighting impacts on sea turtles, including
measures to prevent direct and indirect illumination that is visible from the beach. [Ord.
2OOB-O4O]
u. Window tinting specifications for all windows and doors within line of sight of the beach
including percentage of visible light transmittance (see definition of tinted glass).
B. When an application is made fora STLP approval in common mnemm of multi-family residential site
(ig, uondom|n|umm, apahmenta, townhouaea, vU|aa, etoj, the representative amaoc|ed|on, or
all of the homeowners as a gmup, ahmU be the applicant. ERM ahmU not process an application
made by one unit owner in m multi-family setting where the work is proposed on lands designated
ma, or can reasonably be considered to be, common areas.
M Upon receipt of an application and appropriate application fee. ERM shall have 30 days to request
any
additional information. Within 80 days of receipt of such additional |nformmbon. ERM may request
only that information needed to clarify such additional information or to answer new questions
raised by, or directly related to,such additional information, [Ord, 2011-001]
|, U ERIN does not make a request for additional information within 30 days of receipt of an
application or requested information,the application shall be deemed complete upon receipt,
T, If an applicant fails to respond to an ERIN request for an application hae, or any additional
information, within 60 days, the application may be denied without prejudice, Mowover. ERK4 may
grant an extension of time as is reasonable necessary to fulfill the request for additional information,
K, Upon receipt ofo completed application and foe. ERIN shall have BO days to take final action unless
the applicant agrees in writing to a time extension or waiver of this requirement, Final agency action
shall be
approval of a STLP, denial of a STLP, or conditional approval of STLP, Failure by ERyN to take
hnm| action within 00 days uhmU result in the authorization of the proposed work with
standard limiting conditions,
L Any application containing false information may be denied' and any STLIP approval granted based
upon false information may berevoked, [On], 2O11-DD1]
N1, ERN1 STLP approvals may be issued with m duration period that is reasonably necessary to
complete the project not to exceed five years,
N, Any substantial modification to m complete application, or a STLP mpprova|, nhoU require on
amended application form and an additional application fee and uhmU restart all time periods of this
Section,
O No application shall be processed until ERK8 receives the appropriate application fee, [Drd,2D11-OO1]
Section Q Criteria for STLPApprove|
A, A STLIP approval may be issued pursuant to this Chapter provided that the applicant provides to
ERIN reasonable assurance that there mhm|| be no adverse impacts to sea tuM|em, sea turtle
nesting,and sea turtle habitat,and that the following criteria will be met:
1, Any and all light fixtures shall be designed to be the minimum level necessary for safety and
oho|| be positioned such that they do not cause direct or indirect illumination that is visible
from the beach,
[Ord, 2000-D4D)[C>rd, 2O11
001]
a. All outdoor lighting and exterior lighting shall be directed downwards, No lights nheU be
directed upwards, [Ord, 2009-040]
b, Filters shall be prohibited, [Ord,2009-
040]
c, All exterior fixtures on the amevvord and the shore perpendicular sides of the building
{and the landward side of the building if they are visible from the beach) shall be well
shielded and full cut-off, [Ord,2009-040]
d, Long wave length lights that produce light that measures greater than 570 nanometerm.
shall be
3 ()rd. No. 11-14
used for all coastal construction visible from and adjacent to the beach, Bright white light,
such as metal halide, ha|ogen. Uuoreoment, mercury vapor and incandescent lamps will
not be approved, Shorter wavelength lights will only be approved in areas where dine*
or indirect illumination im not visible from the beach, [Ord, 2009-0401
2, Use of Window Treatments at Multifamily Residential
Properties:
In common areas of a multi-family residential property, window treatments that are
sufficient to prevent direct or indirect illumination visible from the beach shall be required on all
windows visible from the beach within jurisdictional boundaries, [Ord, 2009-040)
3, ER[N determines that coastal lighting alternatives and modifications to |emmon impacts are
infeasible;
m
n
d
4, ERN1 determines that the cumulative impacts of the subject lighting project and other similar
lighting
projects will also meet the criteria uf this Article, [Ord, 2009-
040]
B N1aomuren that may be implemented to protect sea turtles include: a|iminmtion,modification or
alteration
of all proposed and/or existing exterior lights that cause illumination which is directly or indirectly
visible from the beach, [Ord, 2009-040]
C, All lighting installed after September 2, 1Q87 shall comply with the following standards: [Ord, 2011-001
1, Artificial public or private light source ohm|| not cause illumination which is directly or indirectly
visible from the beach where it may deter adult fomo|m aao turtles from nesting or disorient
hotohUnQo; [Ord,
2009
-D4D]
2. The installation of coastal lighting shall meet the standards and mitigative measures published in
the current state-of-the-art manual pertaining to coastal lighting and sea turtle conservation
available at ERN1 (&0hehngton, Blair E, & Eric 1�. Martin, Understanding, Assessing and
Resolving Light-pollution
Problems on Sea Turtle Nesting Beaches, Florida Marine Research |nmbtubs Technical Report,
Florida Department of Environmental Protection,2ODO), [Ord, ZDO0-O4O][[>rd, 2O11-OD1]
3, Any and all light fixtures shall be designed and/or positioned such that they do not cause
illumination which im directly or indirectly visible from the beach, [Ord, 2009'0401
4, All lights on balconies shall be eliminated or shielded from the beach, Proposed b | lights
which do not meet standard above
shall not be authorized, [Ord, 2005-0021 [Ord, 2009-0401
5, Artificial lighting for decorative or accent purposes shall not be authorized within the zone of
jurisdiction unless it will not be directly or indirectly visible from the beach. [Ord, 21009-0401
6, Lighting used in parking lots shall be, [Ord, 2009'
0401
a. Set on a base which raises the source of light no higher than 48 inches off the ground
unless the lighting does not cause illumination or is not directly or indirectly visible from
the beach, [Ord,
2009-
0401
b, Positioned and/or shielded such that the source of light im not visible from the beach and
does not cause illumination directly or indirectly visible from the beach, [Ord, 2009-0401
7, Sign lighting may be authorized provided it illuminates an area |mmm than 15 square feet and
meets the criteria ofstandard ,above
8, Permanent firepits shall be positioned and/or shielded to ensure that the source of illumination is
not directly or indirectly visible from the beach, Maximum flame height shall be
determined at final inspection, [Ord, 2009-0401
0, Open fires on the beach shall bm prohibited during Sea Turtle Nesting season, [Ord, 21005-
OO2]
4 ()rd. No. 11-14
10. Tinted glass or any window film applied to window glass which meets the defined criteria for
tinted
glass,shall be installed on all windows and doors within line of sight of the beach.
11. Pool deck lights and underwater pool lights shall be turned off while the pool is closed at
sunset
during sea turtle nesting season, March 1 sf-October 31 at, The use of an automatic timer
shall be acceptable only for pool lighting. [Ord. 2009-0401
Section 10 Inspection Required
A. Prior to the issuance of a Certificate of Occupancy(CO) by the PZI3 or local building department,
each facility shall be inspected for compliance as follows:
1. Upon completion of the construction activities, a Mate of Florida registered architect,
landscape architect, environmental professional or professional engineer shall conduct a site
inspection which 'includes a night survey with all the beachfront lighting turned on to the
highest illumination levels. [Ord. 2009-0401
2. The inspector shall prepare and report the inspection finding in writing to ERM,
identifying:
a, the date and time of initial inspection;
b, the extent of compliance with this Chapter and the approved STLP;
c, all areas of potential and observed noncompliance with this Chapter;
d, any action(s)taken to remedy observed noncompliance and date remedy will be
implemented, if applicable;and
e, the dates) and time(s)of remedial inspection(s), if applicable.
3. The inspector shall sign and seal the inspection report which includes a certification
that:
a. the beachfront lighting has been constructed in accordance with this Chapter;
Is the inspector observed the project area at night with all lights operating;
c, the beachfront lighting does not cause direct or indirect illumination that is visible from the
beach at the time of the night inspection; and [Ord. 2009-0401
d, the beachfront light sources within the jurisdictional boundaries are not directly or indirectly
visible from the beach at the time of the night inspection.
Section I] Standards for Existing Reachfront Lighting
A. Existing Beachfront Lighting
Existing beachfront lighting causing direct or indirect illumination within the STPZ shall be
adjusted or corrected to ensure that the lighting does not cause illumination that is directly or
indirectly visible from the beach. [Ord. 2011-0011
13. Adjustment to Essential Lighting
Changing coastal conditions (including but not limited to erosion, renourishment, and vegetation
impacts, may necessitate retrofitting light fixtures. Installation of a new fixture shall require an
approved Sea Turtle Lighting Plan (STLP) that must comply with Article 14.A.9. Criteria for
STLP Approval, Retrofits to existing fixtures shall be designed and/or positioned to ensure that
they do not cause illumination that is directly or indirectly visible from the beach. [Ord. 2006-036]
[Ord. 2009-040) [Ord.2011-001]
C. Reduction of Indirect Lighting on the Beach
The installation and maintenance of ground level barriers including dense native vegetation is strongly
encouraged and may be required to reduce the amount of lighting striking the beach/dune system.
[Ord.
200
9-
040]
D. Lighting for Pedestrian Traffic
Lights illuminating beach access points, dune crossovers, beach walkways, piers or any other
structure designed for pedestrian traffic shall be the minimum level necessary to maintain
safety and shall be located and shielded such that lights and their illumination are not directly or
indirectly visible from the beach. [Ord. 2009-040]
F. Use of Window Treatments
5 Ord. No. 11-14
To prevent interior lights from illuminating the beeoh, window treatment shall be required on all
windows visible from the beach within jurisdictional boundaries. Blackout draperies ormhadeauneena
are preferred. Alternatively or additionally, window tint may be applied to beaohfront windows. The
turning out of all unnecessary interior lights during the nesting season is strongly encouraged.
F Special Lighting Restrictions during the Nesting Season
Effective May 1' 1088, and continuously throughout each nesting season (March 1 through
October 311. external light sources that are directly or indirectly visible from the beach shall
be disconnected or otherwise modified to comply with this Chapter. [Ord. 2009-040]
G. Recommended Corrective Action
The following measures can be used to reduce or eliminate the effects of any exterior
lighting onhatoh||nga and nesting sea turtles:
I permanently remove the light fixture; [[)rd.
2OOO-O36]
2. disconnect the light fixture-, [Ord.
2OU8-U36]
3 reposition the light fixture so the point source of light is no longer visible from the beach; [Ord.
2OOG-
O
3
8
]
4. mp|oue light fixtures having an exposed light source with light fixtures containing recessed
light sources or shields; [Ord. 2006-086]
5, replace non-directional light fixtures with directional light fixtures pointing down and away
from the beach-, [Ord. 2006-086]
6. replace light fixtures having translucent or transparent coverings with light fixtures having
opaque shields covering an arc of at least 180 degrees and extending an appropriate
distance below the bottom edge of the light fixture on seaward side so the light source is
not visible from the beach-, [Ord.2006-036]
7. replace pole lamps with low profile, low-level luminaries ao that the light source im not visible
from the beanh-
.
8, plant or improve vegetation buffers between the light source and the beach to screen light
from the beooh-
.
9, construct an ornamental structural barrier 10 shield light source from the
beach-. and
10. modify the light fixture by adding a shield.
[]nd.2008-036]
Section 12 Standards for Dune
Crossovers
A. Information Sign Requirements
Permanent sea turtle information signs shall be conspicuously posted by applicable jurisdictions
at all public beach access points provided with dune crossovers. The information signs shall be
standardized by EHM
I 8|Qn Posting
Responsibility
Sea turtle information signs shall be encouraged at all now private beach access points
provided with dune cmmaowena 0|Qnaga ahu|| be the responsibility of the property owner.
2
Sign Maintenance
Requirements
Standardized sea turtle information m|Qna shall be maintained in perpetuity such that
information printed on the signs remains accurate and legible and the signs positioned
such that they are conspicuous to persons at all public beach access points provided with
dune crossovers.
3 Sign
Removal
Removal of the information signs by anyone other than those authorized by ERN is prohibited.
Section 13 Standards for SPZ
6 ()rd. No. 11-14
A There shall be no net Joss of sand from the 8PZ. Sand temporarily excavated from the SPZ
shall be returned to the SPZ, Sand shall be returned to the SPZ prior to the issuance of building
department CO where GOim required, or within six months of the excavation for projects which do
not require CO, In odd|tion, the sand may not be degraded by mixing with any sediment, soil, or
material, such that it will not meet the definition for beach compatible sand as defined, [Ord, 2009-
040]
B, Sediment analysis of existing beach/dune and any proposed hU material to be mixed with the
existing sand may be required by ERN1, VVrttmn notification must be provided to ERN1 (attention,
ERN1 Coastal Geologist)prior to removal of sand from the SPZ.
Section 14 Appeals
Any affected party may appeal a final determination ofERN1 pursuant to Article 14,C,11,
Appeals, Section 15 Fmmm
A Fees shall be required am established by resolution of the BCC, [Ord, 2OO9-O4O)[Ond,2O1 1
001] B, Fees shall bm non-refundable and nontransferable,
C, All application fees paid by check shall bm made payable to the BCC,
Section 18 Violations
A An unapproved lighting source illuminated during the night that is directly or indirectly visible
from the beach, [Ord, 2D11-OO1]
B, An approved ||Qht|nQ source that has experienced a change in conditions such that it is no
longer in conformance with this Chapter, Violations may include but are not limited to, increase
of intensity or direction of the light source', failure to maintain proper mhie|ding, addition or
modification of adjacent structures', modification of background colors of the structure', or
modification of height of vegetation,width or height of dune or width ofbeach, [Ond,2011-001]
C, Installation of beachfront light fixtures in the limits described in Section 6,D,without ERM approval,
[Ord,
2DDQ-O4O]
O, Submittal to ERM of any signed and sealed lighting inspection report containing false
information, E. Removal of sand from the SRZwithouthrst supplying written notification to
ERM,
F, Degrading sand by mixing with sediment, soil, or material such that it will not meet the definition for
beach compatible sand,
{@, Alterations which result ina net loss of sand from the SIPZ,
H, Failure to comply with the requirements of this Chapter or any approval granted or authorized
hereunder.
| Traversing a natural dune by a pedestrian within 200 feet of a public dune walkover,
J, Any lighting projects or alterations which would have been in violation of PBC Ordinances No,72-12,
78-
20, 87.13 or 9I-2, as amended, during its effective pmriod, shall continue to be violations under
this
Chapter but shall be subject to prosecution under the terms of PBC Ordinance No,72-12, 78-207 87-
13
or 90-2 as amended,
Section 17 Enforoemen1and Implementation ofCorrective Measures
A In order to enforce compliance with the provisions of this Chaptmr. ERN1 may do one or more
of the following, [Ord, 2O11-DD1]
1, provide the vio|atorwith verbal or written notice ofnon-oomp|ianom� [On|, 2D11-DD1]
2, require a noncompliant property owner to take corrective mmamunem� [Ord, 2011-001]
3, issue a notice ofnonoomp|ianoe', [On|, 2O11-DD1)
4, issue a notice of violation oitaUon� [Ord,2D11-OO1]
5, issue a notice ofhmahnQ� [Ord, 2D11-OO1]
8, issue a cease and desist on|er�and [Ord, 2O11-DD1]
7 ()rd. No. 11-14
7, require that a building permit or CO be withheld, if the noncompliance involves new
construction. [Ord,2011-001]
B, When a violator is required to take corrective measures to cure a violation, such corrective
measures shall be implemented in addition to applicable penalties and fines, [Ord, 2011-001]
C. Violations of the provisions of this Chapter shall be punishable by one or more of the following:
1, triple application fees for CTLP approvals not obtained prior to violations involving activities
Which Would otherwise have been authorized as determined by ERM;
2, enforcement procedures as outlined in this Chapter and in Article 1D.C. GROUNDWATER
AND NATURAL RESOURCES PROTECTION BOARD. [Ord. 2011-0011
D. All monies collected as civil penalties for violations of this Chapter shall be deposited in the
Pollution
Recovery Trust
Fund,
CHAPTERS WELLFIELD
PROTECTION Section 1
Purpose and Intent
A. The purpose and intent of this Chapter is to protect and safeguard the health,safety,and welfare
of the residents and visitors of PBC by providing criteria for regulating and prohibiting the
use, handling, production and storage of certain deleterious substances which may impair
present and future public potable water supply wells and wellfields.
Section 2 Definitions
See Art.1.1. DEFINITIONS AND
ACRONYMS Section 3
Applicability
A, General
The provisions of this Chapter shall be effective within the incorporated and unincorporated areas of
PBC,
and shall set restrictions, constraints and prohibitions to protect present and future public potable
water supply wells and wellfields from degradation by contamination of deleterious substances,
B, Review and Permitting Procedures
No building permit or business tax receipt for any nonresidential activity shall be issued by PBC
or any city located within PBC that would allow development or construction in Zones 1, 2, 3, or 4
that is contrary to the restrictions and provisions provided in this Chapter. Permits or business
tax receipts issued in violation of this Chapter confirm no right or privilege on the grantee and such
invalid permit or licenses will not vest rights, [Ord, 2007-0131
Section 4 Effective Date
A. Effective Date
The requirements and provisions of this Chapter shall apply immediately upon and after March 7,
1983 to all new nonresidential activities, An existing activity is one for which a building permit or
business tax receipt had been issued by the appropriate jurisdiction prior to March 7, 1983 and
which had not expired on or before March 7, 1983, or for which a completed building permit or
business tax receipt application had been filed and accepted with the appropriate jurisdiction prior
to March 7, 1933. All other activities shall be deemed"new." [Ord, 2007-0131
B, Time of Review
Any application for a building permit for a nonresidential development or residential development
greater
than 25 units or nonresidential development subject to review by an advisory planning body and
approval by the local governing authority or zoning board of appeals that includes property wholly or
8 Ord. No. 11-14
partially within Zones 1, 2, 3. or 4, of a wel0dd ohm| include requirements of ERM, These
requirements shall be as follows:
1, Notification by the local governing authority of the location of the property in Zones 1, 2, 3, or
4 and notarized letter from applicant admitting acceptance of notification, Notification shall be
prepared by ERN1 providing details of Zonem, prohibitions, and measures required for
compliance,or
2. Submittal of application toERN1for
notification, C, Certification ofCompliance
Any application submitted for a business tax receipt for any use within Zones 1, 2. 3. or 4
of an incorporated or unincorporated area shall require certification by ERN1 that the use meets
the applicable requirements of this Article, [Ord, 2007-0131
O, Screening of Occupational License
It shall be the duty of each local agency to screen all applications for Zones 1' 2, 3. or 4
business tax receipts, [Ord, 2007-013]
E, Zone 1 Activities
ERN1 nhm|| provide o list to all local agencies of potentially prohibited operations in
Zone 1,
9 ()rd. No. 11-14
a nr o ) 20-4343 i FRICIPY,APRIL 23-2014
Eb . ALM3�-,..,-1. JST.C`_}�vl I REAL NEWS STARTS HERE Tli���tL,'�.' =_.-��h POST 1561 8
Legal
CITY OF DELRAY BEACH,FLORIDA
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on
the following proposed ordinance on
TUESDAYY.MAY 6,2014 at 7:00 p.m.or
at any continuation of such meeting
which is set by the Commission), in
the Commission Chambers,100 WIN,
1st Avenue,Delray Reach,Florida,at
which time the City,Commissian Will
consider its adoption.The proposed
ordinance may be inspected Fit the
Office of the City Cierk at City Half,
100 N,W, 1st Avenue, Delray Beach,
Florida, between 9:00 a.m.and 5:00
p.m„Monday through Friday,except
holidays.Interested parties are invited
to attend and be heard with respectto
the proposed ordinance.
ORDINANCE NO.11-14
AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF DELRAY
REACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, BY AMENDING
CHAPTER 91, "ANIMALS", BY
REPEALING"SEATURTLES',SECTIONS
91.50 THROUGH 91.99, IN THEIR
ENTIRETY AND ENACTING A NEW
SECTION 91.50 M ITS PLACE IN ORDER
TO ADOPT BY REFERENCE THE PALM
BEACH COUNTY CODE PROVISIONS
REGARDING THE SAME;PROVIDING A
GENERAL REPEALER CLAUSE;SAVING
CLAUSE;'AND AN EFFECTIVE DATE.
Piease be advised that if a person
decides to appeal any decision made
by the City Commission with respectto
any matter considered atthis hearing,
such person may need to ensure
that a verbatim record includes the
testimony and evidence upon which
the appeal is to be based.The City
does not provide nor prepare such
record pursuant to F,5,286.0105_
CITY OF DELRAY BEACH
Chevelle D,Nuhin,MMC
City Clerk
PUB:The Palm Beach Post
4-25/2014 #236530