Ordinance 1979-018 Desination of Wetlands & Mangroves as Marine & Wildlife SanctuariesORDINANCE N0. 18-79
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH,
PALM BEACH COUNTY, FLORIDA, AMENDING ARTICLE VII
ENTITLED "COASTAL CONSTRUCTION AND EXCAVATION
SETBACK" OF CHAPTER 7 ENTITLED "BULKHEAD LINES"
OF T}{E VILLAGE CODE BY ENACTING COUNCIL'S
FINDING OF FACTS; EXPRESSION OF INTENT; DEFINITION;
DESIGNATION OF WETLANDS AS MARINE AND WILDLIFE
SANCTUARIES WITHIN THE CORPORATE LIMITS OF THE
VILLAGE; AND REQUESTING THE SECRETARY OF COMMERCE
TO DESIGNATE WETLANDS WITHIN THE VILLAGE OF
' NORT}{ PALM BEACH AS MARINE SANCTUARIES FOR THE
PURPOSE OF PRESERVING AND RESTORING SUCH AREAS
FOR THEIR CONSERVATION, RECREATIONAL OR
AESTHETIC VALUES.
W}{EREAS, the Coastal Zone Management Act of 1972 (Public Law
92-593) recognizes that some marine areas merit preservation for their
ecological and aesthetic values and federal and state laws prohibit certain
activities in these areas unless authorized by permits;
WHEREAS Endangered Species Act of 1973 declares the intention
oi' the Congress to conserve threatened and endangered species and
ecosystems on which those species depend;
W}{EREAS, The National Environmental Policy Act of 1969 declares
t}xe National Policy to encourage a productive and enjoyable harmony between
man and his environment;
WHEREAS, permits from appropriate Environmental Review Agencies
are required for work or structures in all tidal areas, lakes, marshes,
and s}~allows which are characterized by aquatic vegetation capable of
growth and reproduction;
WHEREAS, wetlands are vital areas that constitute a productive
and valuable public resource, the unnecessary alteration or destruction of
which should be discouraged as contrary to the public interest;
W}{EREAS, The Village Council of North Palm Beach is intent on
finding the key to more effective protection and use of the land and water
resources of the coastal zone;
WHEREAS, these wetlands serve important natural biological functions,
including food chain production, general habitat and nesting, spawning,
rearing and resting sites for aquatic or land species;
WHEREAS, Section 302 of the Marine Protection Research and
Sanctuaries Act of 1972 authorizes the Secretary of Commerce to designate
certain wetlands as marine sanctuaries for the purpose of preserving and
restoring such areas for their conservation, recreational or aesthetic
values;
WI{EREAS, this Ordinance proclaims the intent of the Village
Council of the Village of North Palm Beach to conserve and protect the
natural resources and scenic beauty of the lands within the corporate limits
of the municipality adjacent to the waters of the Atlantic Ocean and Lake
Worth;
' BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH
FLORIDA:
Section 1. That the Village of North Palm Beach Code is hereby
amended by adding a new section to be numbered Section 7-25, which said
section shall read as follows:
"Sec. 7-25. Marine Sanctuary.
(A) Marine Sanctuary - defined.
Those areas within the Village of North Palm Beach where
the tide ebbs and flows including, but not limited to,
Lake Worth, Intracoastal Waterway and other water areas
throughout the Village which under normal circumstances
support vegetation typically adapted for life in the water
and for the preservation and growth of fish breeding,
recreation and aesthetic areas.
' (B) The Village of North Palm Beach nominates all water areas
within its corporate limits, and, in particular, Lake
Worth and the Intracoastal Waterway, to be designated as
"a Marine and Wildlife Sanctuary" as provided for under
Title III of the Marine Protection, Research and
Sanctuaries Act of 1972. The Village Clerk is hereby
directed to so designate those portions of North Palm Beach
to be Marine Sanctuaries.
(C) The Village of North Palm Beach hereby declares the waters
of Lake Worth and the Intracoastal Waterway within its
municipal boundaries to be a Marine Sanctuary in accordance
with its findings that these waters support substantial
fish breeding and are one of the last known fish breeding
areas in Lake Worth, and contain therein unique mangrove
species, mud flats and other areas conducive to fish breeding
and ecological conservation of marine life. Further, that
such areas are necessary to be conserved for their ecological
purposes, as well as for the substantial recreational purposes
of fishing and boating which occur thereon, as well as for
the aesthetic value of the substantial expanse of water,
together with the marine life, mangroves and foliage connected
therewith. Accordingly, the Village Council hereby undertakes
to regulate water areas, mangrove areas and other fish
' breeding and recreation areas within the Village of North
Palm Beach to the extent that such regulations do not
conflict with either State or Federal law, and no disturbance
of existing areas within the Village of North Palm Beach
where the tide ebbs and flows may occur without the specific
authorization, permit and license of the Village of North
Palm Beach had after due notice and hearing as to the
ecological, conservation, recreation and aesthetic affect
upon these areas shall be had.
(D) The terms of this Section shall be in addition to any other
terms set forth in this Code which are concerned with appli-
cations for dredge and fill permits, applications for
building, setback applications, etc., and shall not be
considered to be in lieu of any requirements contained in
the Village Code.
Section 2. Any person violating any of the provisions of this
Ordinance shall, upon conviction, be subject o penalties provided in
Section 1-8 of the Village of North Palm Beach Code.
Section 3. This Ordinance shall take effect immediately upon
passage.
PIACED ON FIRST READING THIS 23rd DAY OF AUGUST, 1979.
PLACEll ON SF,COND, FINAL READING AND PASSED THIS 13th DAY OF SEPTEMBER' 1979.
/s/ W. H. Brown
MAYOR
ATTEST:
/s/ Dolores R. Walker
Village Clerk