BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA

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1 BEFORE THE BOARD OF COUNTY COMMSSONERS MARTN COUNTY, FLORDA ORDNANCE 346 AN ORDNANCE AMENDNG CHAPTER 331 ZONNG, ARTCLE XLV, EXCAVATONS AND FLLS, SECTON , MNNG, OF THE CODE OF LAWS AND ORDNANCES OF MARTN COUNTY, THEREBY CLARFYNG THE REQURED NUMBER OF TREES TO BE PLANTED N THE EXTENDED LTTORAL ZONE SHELVES OF AREAS BENG MNED; REQURNG A MNMUM OF ONE TREE FOR EVERY 500 SQUARE FEET OF THE REQURED VEGETATED LTTORAL ZONE AREA; PROVDNG FOR CONFLCTNG PROVSONS OF LAW; PROVDNG FOR SEVERABLTY N THE EVENT OF PARTAL NVALDTY; PROVDNG FOR APPLCABLTY THROUGHOUT THE UNNCORPORATED AREA OF MARTN COUNTY; DRECTNG THAT COPES OF, THS ORDNANCE BE FLED WTH THE DEPARTMENT OF COMMUNTY AFFARS, TREASURE COAST REGONAL PLANNNG COUNCL, DEPARTMENT OF ENVRONMENTAL REGULATON AND THE DEPARTMENT OF STATE; PROVDNG AN EFFECTVE DATE, PENALTES AND CODFCATON. WHEREAS the Board of County omm mssoners s authorzed by Chapter 125, Florda Statutes, to adopt ordnances establshng 1. zonng, buldng, and related techncal codes and regulatons; and WHEREAS the Board has prevously adopted Secton (d) of the Martn County Code to requre a specfed number of trees to be planted wthn the extended lttoral zones of areas beng mned; and WHEREAS the Board has determned 'that t s necessary to clarfy the provsons of Secton wth regard to the number of trees requred to be planted; NOW THEREFORE BE T RESOLVED BY THE BOARD OF COUNTY COMMSSONERS OF MARTN COUNTY, FLORDA THAT Chapter 33 of the Code of Laws and Ordnances of Martn County, Florda, be and s hereby amended as follows: PART ONE: The followng Secton (d) s amended as follows: dl Hz~H~d/6%~&da6~/zl~f6#dz/~6f&/&H&z~&&/lbf/fH6/~b$&/ff/YH& &zbg56&,l/$f@/&- Applcant s requred to provde a mnmum of one (1) tree for every fve hundred (500) square feet of vegetated lttoral zone &B$6f&d@/&#@&/requred by Secton (b)(7) of ths Artcle. The trees shall be planted wthn extended lttoral zone shelves (at the base of the sde slopes). The proposed trees must be a mnmum of sx (6) feet n heght and consst of natve, freshwater wetland varetes (e.g., Red Bay, Red Maple, Bald cypress, etc. 1. PART TWO: CONFLCTNG PROVSONS. Specal acts of the Florda Legslature applcable only to unncorporated areas of Martn County, County ordnances and County 1- resolutons, or parts thereof, n conflct wth ths ordnance are

2 hereby supersed PART THREE: SEVERABLTY. a by ths ordnance to the extent of such conflct. f any porton of ths ordnance s for any reason held or declared to be unconsttutonal, noperatve or vod, such holdng shall not affect the remanng portons of ths ordnance. f ths ordnance or any provson thereof shall be held to be napplcable to any person, property or crcumstances, such holdng shall not affect ts applcablty to any other person, property or crcumstances. PART FOUR: APPLCABLTY OF ORDNANCE. Ths ordnance shall be applcable throughout the unncorporated area of Martn County. PART FVE: FLNG WTH DEPARTMENT OF COMMUNTY AFFARS. The County Attorney shall send by certfed mal a certfed copy of ths ordnance to Treasure Coast Regon Planner/DR Secton, Department of Communty Affars, 2571 Executve Center Crcle, East, Tallahassee, Florda, PART SX: FLNG WTH TREASURE COAST REGONAL PLANNNG COUNCL. The County Attorney shall send a certfed copy of ths ordnance to Treasure Coast Regonal Plannng Councl, Post Offce Box 1529, Palm Cty, Florda PART SEVEN: FLNG WTH DEPARTMENT OF ENVRONMENTAL REGULATON. n order to comply wth Secton , FLORDA STATUTES, the County Attorney shall send a certfed copy of ths ordnance to the Bureau of Water ~'esources Management, Department of Envronmental Regulaton, Twn Towers Offce Buldng, 2600 Blar Stone Road, Tallahassee, Florda, PART EGHT: FLNG WTH DEPARTMENT OF STATE. The Clerk be and hereby s drected forthwth to send a certfed copy of ths ordnance to the Bureau of Laws, Department of State, The Captol, Tallahassee, Florda PART NNE: EFFECTVE DATE. Ths ordnance shall take effect upon recept of offcal acknowledgment from the Offce of Secretary of State that ths ordnance has been fled n that offce. SLldLY through passages are deleted; underlned passages are added,

3 PART TEN: PENALT lb. a Volaton of ths ordnance s a msdemeanor pursuant to Secton , FLORDA STATUTES, and s punshable under sad secton by mprsonment for up to sxty (60) days, or a fne of up to $500.00, or both such mprsonment and fne. PART ELEVEN: CODFCATON. Provsons of ths ordnance shall be ncorporated n the County Code and the word "ordnancen may be changed to "secton," "artclen or other word, and the sectons of ths ordnance may be renumbered or relettered to accomplsh such ntenton; provded, however, that parts two to eleven shall not be codfed. DULY PASSED AND ADOPTED THS 26th day of Aprl, ATTEST : BOARD OF COUNTY COMMSSONERS MARTN COUNTY, FLORDA APPROVED AS TO FORM AND CORRECTNESS: LNDA R. MCCANN ASSSTANT COUNTY ATTORNEY Sj!#dBX through passages are deleted; underlned passages are added.

4 FLORDA DEPARTMENT OF STATE Jm Smth Secretary of State DVSON OF ELECTONS Room 1602, The Captol Tallahassee, Florda (904) May 13, 1988 Honorab7k Marsha Stller clerk op Crcut Court hrtn Chunty Courthouse, P* O* Box 9016 stua,t, Florda ~t,tt=t*n: D. Langston, Deputy Clerk ~,,~%~anto the provsons , Florda Statutes, thfr w 1 acknowledges 1 Recept of letter/s of Env. maled May 11, 1988 h- and certfed copy/es of +-+ Mart n County ordnance ( s ) 2; Recept of Mart n County Ordnance( s ) 1345 Amend. Ch. 24% Msc. Provsons (a) Art. 11, Re: "E911" System, Local Opton fee mposed. whch we have numbered 88-4 (b)(#346) ~mend.ch.ees/mned whch we have numbered We have fled W /these ordnances n ths offce on May ; The orgnal/d~pl~ate copy/es showng the flng date beng returned for your records. prope Bureau of Admnstratve Code

5 r e a '~-The Stuart News - P.O. BOX 9009, STUART, FLORDA &tdlrardtu the Stuart TSmtl, Aprl 18,1013 8TUART MARTN COUNTY FLA)RDA STATE OF FLORDA COUNTY OF MARTN Before the undengned authorty appeared Denns D Farmon who on oath uya thnt he r of Tbe ShrarL Newr, a daly newappm publhhad at Stuart n Martn County, Florda, that tbe attached copy of dvertremcnt, Notce of ntent a athemttuof Number of planted trees nthe Court, wu publohed n rad aewrpapw n tbe Lum of Aprl 8, 1988 Affant further Mya that the aad The Stuart Newr t a mrpr publw at Stuart! n rad %rtn ~unty. ~~orda and thnt ~u md -8 per hu hatofom C contmuo~rly pu~uhed n md ktn hun Florda. each wet and, k. %n entered u mcond du matter at tbe n Stuart n md gunty. frd.. for a nod of one )nu next prawdq tb. tt pubhett$e at~ckd copy of advp.t.kment; and af&t further uya that be k. naur wr prom& yy pepon. t or coy t^ any d+ount..retmt.. r m o n or ref& for d- of lavvy thu advertuement or pubkcahon ur the u ~ hcwapaper- d POSE.MAY~&DTOV~WRE WT A MRBAT~M RECORO OF *PROCEeMNO)D~ WHCH RECORD SHOULD na- * m~om AND EVPENQUPONWHlOlMN- PEALlaToeE~. n#bmr~(k.uwondad nmabohlcrwr 1 AN ORDNANCE AMENDNG clup+t # ZONNO, *R- XLW,U(CAVA~~ AND- = MNNG. OF ~QRAL-ZONE Warn OF *RWDEmGMR(BTRMUR- NOAMMMAMOF&TREE FOR EKRY m mum FeET CSMRE~URED-Am -- A SCRPPS HOWARD NEWSPAPER