58_04

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ORDINANCE NO. 58-04 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF JUPITER, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF JUPITER, CHAPTER 26, ENTITLED "VEGETATION AND ENVIRONMENTAL PRESERVATION", ARTICLE Ill, DIVISION 2, SECTION 26-76 TO PROVIDE ALTERNATIVES TO THE FENCING OF PRESERVE AREAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Tawn of Jupiter (the "Town") has adopted a comprehensive plan which has been determined by the Department of Community Affairs to be in compliance with Chapter 163, Part II, Florida Statutes; and WHEREAS, pursuant to Section 163.3202(2), Florida Statutes, municipalities are required to adopt land development regulations to implement their adopted comprehensive plans; and WHEREAS, the Conservation Element of the Town's Comprehensive Plan, through Objective 1.1 and 1 5 and their implementing policies, requires the protection of environmentally sensitive lands and all native ecological communities within the Town; and WHEREAS, the Town's Planning and Zoning Commission has reviewed the proposed amendments to Chapter 26 of the Town's Code and has made its recommendations to the Town Council; and WHEREAS, the Town Council, after due notice and public hearings, deems it to be in the best interest of the public safety, health and general welfare to amend certain provisions of Chapter 26 of the Town Code entitled "Vegetation and Environmental Preservation" NOW, THEREFORE, be it ordained by the Town Council of the Tawn of Jupiter, Florida

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that: Section 1 . The whereas clauses a re i ncorporated h erein a s true a nd correct a nd a s findings of the Town Council. Section 2. Chapter 26, Article Ill, Division 2, Section 26-76 of the Code of Ordinances of the Town of Jupiter, is hereby amended as follows:

Section 26-76. Preserve Areas. The following minimum requirements shall apply to preserve areas, whether native upland vegetation or environmentally sensitive lands:

(7)

Management Plan a. A management plan for all designated preserve areas shall be prepared and shall include appropriate provisions for exotic species control, fire management, off-road vehicle control, and fencing or other suitable boundary markers.

Section 3. Severability If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 4. Repeal of Laws in Conflict. All Ordinances or parts of Ordinances in conflict herewith are hereby repeated to the extent of such conflict Section 5. Codification. The Sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "Ordinance" may be changed to "section", "article", or any other appropriate word

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Section 6. Effective Date. This Ordinance shall take effect immediately upon adoption

K:\StaflWP51Wrnendtowncode\Veg&EnvPres\Ord 58-04\0rd#58-04 First doc

September 29, 2004