Law Offices NEILL, MARQUIS, OSKING & HALE, PLLC 311 South Second Street Suite! 200 Fort Pierce, FL34950 Mailing Address: Richard V.Neill,] Jr. +* Post Office Box 1270 Renée! Marquis-Abrams* Fort Pierce, FL 34954-1270 Ian Eielson Osking Telephone: (772) 464-8200 Brandon M. Hale Fax: (772)464-2566 Matthew C.J London *Board Certified' Wills,' Trusts, & Estates Lawyer kCertified Circuit Civil/County Court! Mediator + Board Certified Civil' Triall Lawyer March 13, 2025 Mayor William G. Thiess Mr. Dale Reed 2512 Lightlewood Lane 2811 North Indian River Drive Fort Pierce, Florida 34946 Fort Pierce, FL 34946 Ms. Ingrid M. Van Hekken Mr. John Langel 304 Anchor Way 2511 North Indian River Drive Fort Pierce, FL 34946 Fort Pierce, FL 34946 Ms. Lisa K. Price Paul Sinnott 2601 N. Indian River Drive, Apt 1 3111 North Indian River Drive Fort Pierce, FL 34946 St. Lucie Village, FL 34946 RE: Town of St. Lucie Village - March meeting Mayor Thiess and Board Members: Please accept the following as our attorney's report for the March 18th meeting. 1. Airport Update/Discussion = Cameron Howard. Mr. Howard will attend for an airport update/discussion. 2. Peninsula Right-of-Way-Use of Grassed Area for Demoltion/Construction Access. advised Mr. Oney that you would need to approve his request to use the grassed, at the east end of Peninsula, to access his construction site. Provided he repairs any damage, and the use is for access, not storage of equipment or materials, it would be reasonable to grant permission. An email exchange with his neighbor, Mr. Wright is enclosed for your information. 3. Rouse Road (Rouse Road, LLC) - Rodney Kroegel Request regarding Trimming Oak Trees. Mr. Kroegel queried the necessity of a permit to remove exotics and trim the oak trees on Mayor and Board of Aldermen Page 2 March 13, 2024 his property. Bill and I discussed this and let him know that removal of exotics required no permit but we wanted the Board to confirm the answer on the oak trees. Mr. Kroegel's email and attachment, and our Land Development Code provision, which should mirror his attachment, are enclosed. 4. Ordinance 2025-1 (Amending Subdivision Ordinance to Address Property Accessed by Private Railroad Crossings) - First Reading. Enclosed is a draft Ordinance which has been reviewed by Bill and the applicants. 5. Approval of FPUA Interlocal Agreement regarding Sewer Project. I'm seeking your approval of the Memorandum of Understanding. Its current form is enclosed. Any update received will be forwarded by email and posted on the website. 6. Painting the Village Hall. We had discussed having this on the agenda this month. 7. Approval of Proposal for River Prado Berm. The proposal received is enclosed. 8. Informational items. The following are for your information and will only carry forward in my report if they remain pending for my further attention/nvolvement: i. School Boundary. I've worked on a possible agreement which I will circulate and hopefully bring forward next month. ii. Zoning queries. We did have a query about 3018 N US 1 (Meg's Cars) which doesn't have a zoning designation but is deemed to be within the "C" district. iii. Lien queries. We've had a recent query about 422 Waters Drive (Marcial L'Hommedieu). I noted that the lot is nonconforming in size but is a lot of record and is buildable, SO no known issue there. iv. Heritage Preserve Boundary Issue. No update. V. Occupational Licenses. In need to present updated ordinances on licenses and zoning compliance. NEILL GRIFFIN MARQUIS OSKING, PLLC 311 South 2nd Street, Suite 200, Fort Pierce, Florida 34950 - Telephone (772) 464-8022 Mayor and Board of Aldermen Page 3 March 13, 2024 Do feel free to call if there's anything you want to discuss with me before the meeting. With best regards. 175 Yoyrs very/truly, Richard V. Neill,Jr. RVNjr/dw Enclosures CC: Paulette T. Burgess, Acting Clerk (w/encls.) Carl Peterson, Building Official (w/encls.) Cathy Townsend (w/encls.) Leon Ghougasian, Marshal (w/encls.) Wesley Taylor (w/encls.) NEILL GRIFFIN MARQUIS OSKING, PLLC 311 South 2nd Street, Suite 200, Fort Pierce, Florida 34950 - Telephone (772) 464-8022 Richard Neill From: Richard Neill Sent: Friday, February 28, 2025 3:55 PM To: Doug Wright Cc: William Thiess; Paulette Burgess; David Whitney Subject: RE: Right of Way Thank you, Doug. understand the imitations on what you're saying but also believe that the pending request is for access (only) and includes the condition that the right of way will be restored to the same or better condition. Richard Richard V. Neill, Jr. Town Attorney Town of St. Lucie Village, Florida Neill, Marquis, Osking & Hale, PLLC 311 So. 2d St., Ste. 200 Ft. Pierce, FL 34950 Telephone: 772-464-8200 Fax: 772-464-2556 daidnsteswcviaeses PUBLIC RECORD NOTICE Please Note: Florida has a very broad public records laws. Most written communications to or from me or Village officials regarding Village business are public records available to the public and media upon request. It is the policy of St. Lucie Village that all Village records shall be open for personal inspection, examination and/or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. From: Doug Wright dwngnt@raptns.com> Sent: Wednesday, February 26, 2025 6:50 PM To: Richard Neill <richard.nell@stlucievllagefl.gov> Subject: Right of Way Hi Richard, 1 Iran into Blane this past Sunday and talked about use of the grassy unpaved right of way between our homes. He mentioned that the Board was discussing his request to use itto access the north side of his house to tear it down. don't know what the code is, and my' viewi is that the code should be followed or amended through proper process rather than grant variances outside the authority ofthe Board. To that end, and for what iti is worth, and subject to deferment to the code and due process, I don't have an issue if they use the right ofway for access as long as any damage to grass is repaired or resodded and the tree in the right of way is not damaged. This should not be taken as waiving any other rights or consent variances outside of the code or change in my other positions (i,e, paving the right of way or extending a driveway into the right of way). right for the narrow purpose of expressing my view on using the right of way for the limited purpose of accessing the Oney property to tear down the Oney home. Let me know if you have any questions. Take care, Doug Douglas K. Wright CEO/Founder 561-374-3147 (M) 561-450-7200 (O) wigntorapins.com www.raptns.com Risk. Assurance Partners, LLC STAR SERVICE ***** ONE Us - OME ER AT TIMI E Risk Assurance Partners V A LUE E THROUG H I N NOVATI O N This communication is confidential and intended solely for the recipient. Unauthorized use, disclosure, or distribution is prohibited. Ify you are not the intended recipient, please delete this email immediately. Risk Assurance Partners, LLC does not provide legal or tax advice. This email is provided "as-is" without warranty, O Risk. Assurance Partners, LLC. All rights reserved. 2 Richard Neill From: William Thiess Sent: Monday, February 24, 2025 3:06 PM To: Richard Neill Cc: Paulette Burgess Subject: FW: Rouse rd property Attachments: Ordinance 2012-3.pdf FYI From: Rodney Kroegel rodney@kroegelconservation.org> Sent: Monday, February 24, 2025 12:53 PM To: William Thiess swillam.thiess@stlucievllager.gov2 Cc: Paulette.burgess@stluclevllage.gov Subject: Fwd: Rouse rd property Willam: just discovered the email sent you last week went undelivered, as I had the incorrect email for you (please see below). just wanted you to know that I enjoyed chatting with you very much and look forward to meeting you and your folks at the March meeting next month. Have a great day.. Kind Regards: RODNEY <ROEGEL Begin forwarded message: From: Rodney Kroegel rodney@kroegelconservaton.arg> Subject: Rouse rd property Date: February 17, 2025 at 1:21:04 PM EST To: Willam.theiss@stuclevllagefl.goy Wllam.theiss@stucevllaget.ov Cc: olice@sluceylagelgey gftegscelgelgor Mayor William: - hope this email finds you well, it was a pleasure speaking with you last Friday regarding the property located on Rouse Road. intend to clean up and do maintenance on the site because it has not been kept up with. There are piles of dead tree branches all over the eighteen acres, dozens of discarded wooden pallets strewn about and garbage and debris thought the property that requires removal. discussed with you the removal of the Brazilian Pepper invasive trees and bushes. This work is clearly allowed as per St Lucie Village Ordinance 2012-3, Section 3.6.5 Tree Removal and Preservation, Trees excluded from permitting requirements, which states very clearly. "No permit shall be required for removal of any of the trees belonging to any of the following species: 1 (c) Schinus Terebinthifolius (Brazilian Pepper)... Additionally, I mentioned that we intend to do routine landscape maintenance and limited trimming of the oak trees. Which is also allowed per the above Ordinance section (B) Permit Required which states very clearly. "But the following activities may be done without applying for a permit" (b) Routine landscape maintenance such as limited trimming or pruning of vegetation that is not intended to result in the eventual death of a plant, or any other landscaping activity which is commonly recognized as routine maintenance. As per our conversation you suggested going ahead with the removal of the Brazilian Pepper trees and oushes. Additionally, prior to our trimming and pruning of the Oak Trees, - was to meet with the Alderman and discuss this with them and insure that we are not removing or relocating any of the Oak Trees and only doing routine maintenance and trimming. agree and will comply with your suggestions and look forward to meet you and the Aldermen at the March meeting. I am hopeful thatwe can work together to accomplish valuable and much needed improvements in the Village for the betterment of the community. Thank you and have a great day, Kind Regards: Rodney Kroegel Kroegel Conservation & South Florida Builders 393 Aragon Ave Coral Gables, FL 33134 Rod@sfbmia.com 786-905-2321 2 ORDINANGE 2012-3 AN ORDINANCE OF THE TOWN OF ST. LUCIE VILLAGE, FLORIDA, AMENDING THE ZONING ORDINANCE OF THE TOWN OF ST. LUCIE VILLAGE TO. ESTABLISH REGULATIONS REGARDING TREE REMOVAL AND PRESERVATION, INCLUDING A PERMITTING REQUIREMENT FOR TREE REMOVAL AND LAND CLEARING, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Zoning Ordinance of the Town of St. Lucie Vilage, Florida, was adopted pursuant to Ordinance 95-3, and subsequently amended pursuant to Ordinancès 96-3, 2005-1 and 2006-11; WHEREAS, the Board of Aldermen is currently reviewing the provisions of the Zoning Ordinance in relation to landscaping and screening regulations; WHEREAS, the St. Lucie Village Zoning Ordinance does not contain provisions regulating tree removal and preservation; and WHEREAS, it appears to the Board of Aldermen of the Town of St. Lucie Village, that: the lack of regulation has allowed unrestricted razing of property which adversely and unnecessarily impacts native species and negatively impacts adjoining property owners. NOW, THEREFORE, the Board of Al.dermen of the Town of St. Lucie Village, iorida hereby ordains: 1. That the St. Lucie Village Zoning Ordi.nance is hereby amended by the addition of Section 3.6.5 Tree Remova.l and Preservation, a copy of which is attached hereto as Exhibit "1", incorporated herein by reference and shal). forthwith become a part of St. Lucie Village Zoning Ordinance. 2. This ordinance shall become effective immediately upon passage or as soon. thereafter as is permissible by law, 3. Except as amended hereby, the St. Lucie Vi,llage Zoning Ordinance as adopted by Ordinance 95-3, and subsequently amended, shall remain in full force and effect. PASSED AND APPROVED by the Board of Aldermen of the Town of St, Lucie Village on this a18E day of 244 2012. APPROVED: BOARD OF ALDERMEN OF THE TOWN OF ST. LUCIE VILLAGE, FLORIDA M By: - * William G. Thiess, Mayor ATTESTED; C By: Kanv bm Diahe C. Orme, Clerk I, DIANE C. ORME, Clerk of the TOWN OF ST. LUCIE VILLAGE, FLORIDA, do hereby certify that this is a true and accurate copy of Ordinance 2012-3 which was duly introduced, read and adopted at the regular meeting of the Board of Aldermen of the TOWN OF ST. LUCIE VILLAGE, FLORIDA, held this BIA day of 24 buaRy 2012. lau Q. Lhne DIANE C. ORME, CLERK 2 EXHIBIT " Section 3.6.5 Tree Remoyal and Preservation, (A) Definitions As used in this: section, the following terms have the following. meanings, Grubbing means the removal of vegetation from land. by means. of digging, raking, dragging or otherwise disturbing the roots of vegetation and the soil in which such roots are located. Native vegetation: means vegetation comprised of those species of vegetation that were: present: in Florida at the time of European contact including threshold wetlands, Any species introduced to Florida thereafter is non-native vegetation: Descriptions of typical areas of native vegetation are described in the latest version of '26 Ecological Communities of Florida" published by the Florida: Chapter of the Soil and Water Conservation Soclety, Avallable from the South Florida Water Management. District at httpilwwwslwmd.orleipldpollwetcons/nsiplerol communities.pdf Non-native vegetation. means: any vegetation that is not: native: vegetation, Protected tree means any tree; other than those excluded from permitting requirements bySubsection: (B)3) below, having a diameters at breast height of eight (8) inches and/ora circumferènce of twenty-five (25) inchès or more, Tree survey means an aerial photograph or drawing prepared by a Florida registered surveyor to scale: and plotted accurate techniques, which provides the location, size and common name all protected trees located in a given lot or parcel. (BJ Permit Required (1) Tree remoydl permit. No person shall, directly or indirectly, cut down, substantially- atter, destroy, remove, relocate, damage or authorize any such act Involving a protected tree situated on land within the Village, without first obtaining a tree removal permit, Bub the following activities maybe done without applying for a permit: Tay Pruning and'trimming of trees or other. vegetation when necessary to conduct a survey or site examination for the preparation of subdivision plats, site plans or tree surveysy providing that such pruning and trimming is conducted under the direction of a Florida registered surveyor or engineet. (b) Routine landscape maintenance such as limited trimming or pruning of vegetation that is not intended to result in thes éventual death of the plant, or any other landscaping activity which is commonly recognized as routine maintenance, (e). Removal, trimming, pruning or alteration of any tree or vegetation in an existing utility easement or public right-of-Way, provided such work is done by o under the control of the aperating utility company and: saidi company has received all necessary licenses or permits to provide utility service within the: easement. This exemption.shall not apply to the remoyal, trimming ors alteration of any: Live Oak (Quercus virginiana) tree, or other valuable tree designated by the Board of Aldermen that falls in the protected tree size: range, such: as Laurel Oak or the native Bay trees, (dy. Removal, trimming or alterationof: any tree or vegetation for the purpose: of maintaintng existing legal access to a property. 3 (e). Any activity conducted by a lawfully operating and bona fide: commercial nursery or agricultural operation, or bona fide landscape or lawn maintenance. company, when the activity occurs on property owned or lawfully occupied by the person" conducting such, activity. (f) Removal or replacement of any tree which has beer damaged or destroyed beyond, saving, from extreme weather conditions, insects, disease. and fire, or which constitutes an immediate. peril to life or property and has been confirried by the Board of Aldermen or its appointed representative. (2) Land Clearing Permit. No: land clearing or grubbing shall, directly or indirectly, bes conducted by any person on any property located within the Village without: first obtaining a land clearing permit. (3) Trees excluded from permitting requirements. No permit shall be required for removal of. any of the trees belonging to any of the following species: (a) Casuarina spP: (Australian pine); (b) Melaleuca: quinquenervia (Melateuca, Cajaput; Paperbark, Punk Tree); (c) Schinus terebinthifolius (Brazilian pepper), Rosewood, Silk Oak, Norfolk Pine, Loquat, Carrotwood and non-native palms. (4) Preperty exempt, from permitting requirements. The following properties shall be exempt from the permitting requirements of Section 3.6.5(B)(1) and (2): (a) Any existing, deyeloped single family. residential lot, (b): Any property for which a site plan and/or landscaping plan has been approyed, providing that: any tree removal, land clearing, or grubbing is consistent with the approved plan(s). Such properties are noty otherwise exempted from any proyision or permitting requirement ofany ordinance, (C) Canatslghe issuing permits. Thet following permits shalt be available upon. proper application in compliance with this section tree removal permit: and land clearing permit, Criteria governing issuance are as follows: (1) Treeremoval permit. No tree remoyal permit shall be issued unless the Boardi of Aldermen finds that at least one of the following. criteria is satisfied with respect. to: each protected tree designated for removal: (a). That the tree is located within the net buildable area of a given site as identified: on the tree survey and site plan by the applicant and the building cannot practically be shifted to save: the tree; (b). The tree is located within an existing or proposed right-of-way; (c) The tree is located within an éxisting or proposed easement, stormwater management tract or façility, provided thata only: the minimum area reasonably necèssary for the service oruse shall be considered: for purposes of determining whether there is necessity for tree removat; (d) The tree is located where it creates or will create à safety or health hazard or a nuisançe with respect to existing or proposed structures or vehicles: or pedestrian routes; 4 (e) The tree is located where it interferes with the installation, delivery or maintenance of proposed or existing utility services to the site except a higher degree of necessity must be demonstrated by the applicant in the case of a Live oak tree (Quercus virginiana) or other valuable tree designated by the Board of Aldermen which qualifies as a protected tree; (f) The tree is confirmed by the Board of Aldermen to be diseased, severely injured or in danger of falling; or () The tree unreasonably prevents development of a lot or parcel of the physical use thereof. However, a tree removal permit shall not be granted where the applicant has failed to design and locate the proposed improvements sO as to minimize the removal of trees consistent with the permitted use of the lot or parcel under the zoning ordinance as amended. (2) Land clearing permit, No land clearing permit shall be issued unless the Board of Aldermen finds that each of the following criteria is satisfied; (a) The land clearing or grubbing is necessary to make those certain site improvements authorized by an approved site plan, subdivision approval or land development permit. in the event the area to be cleared is the minimum necessary for such work or in the event the aforementioned approvals are not required by law for the intended use of the property, that the proposed clearing is the minimum necessary for the proposed use or improvement; (b) The applicant provides a written erosion control plan describing methods to control erosion which may be expected to occur as a result of the proposed clearing or grubbing; (c) Protected trees shall have protective tree barriers erected, at least 10' from trunk while site is cleared and developed. (3) Limitations. Except as specifically authorized by the permit, a land clearing permit does not authorize the damage, removal, relocation or destruction of protected trees, (4) Tree survey, A tree survey: shall be required for any tree removal or land clearing permit, and shall be filed with the permit application or application for site plan approval, whichever is submitted first. A tree survey shall be to scale, shall depict the location and describe each protected tree and, where applicable, any proposed construction areas. (D) Failure to obtain permit. After the effective date of the above permitting requirements, any tree removal, land clearing or grubbing that is done without a permit shall be remedied by mitigation approved by the Village before any affected property may be used for any purpose or granted site plan or other approval for development or construction. Any mitigation approved shall be pursuant to a plan which must be shown to alleviate any impacts upon, or loss of, protected trees and native vegetation and also remedy any impact, including in relation to erosion or drainage, upon adjaçent or otheri impacted non-owned properties. 5 (h) Other: (i) Delineate any existing native/natural micro communities that are to remain undisturbed. These areas are encouraged and do not require any irrigation. (ii) Florida #2 trees may be used, but only in non-vehicular, non-pedestrian areas, like buffer areas, or detention areas, that are not abutting vehicle or pedestrian use areas. If #2 material is to be used it should be denoted as such on the plan. (iii) Any other special details, if desired and applicable, like: Tree relocating, and procedures; Balled and Burlapped requirement and/or handling instructions. Section 3.6.5 Tree Removal and Preservation (A) Definitions As used in this section, the following terms have the following meanings. Grubbing means the removal of vegetation from land by means of digging, raking, dragging or otherwise disturbing the roots of vegetation and the soil in which such roots are located. Native vegetation means vegetation comprised of those species of vegetation that were present in Florida at the time of European contact including threshold wetlands. Any species introduced to Florida thereafter is non-native vegetation. Descriptions of typical areas of native vegetation are described in the latest version of "26 Ecological Communities of Florida" published by the Florida Chapter of the Soil and Water Conservation Society. Available from the South Florida Water Management District Attpi//ww.sfomd.goerpidprelwons/malp/ecol communities.p df. Non-native vegetation means any vegetation that is not native vegetation. Protected tree means any tree, other than those excluded from permitting requirements by Subsection (B) (3) below, 110 having a diameter at breast height of eight (8) inches and/or a. circumference of twenty-five (25) inches or more. Tree survey means an aerial photograph or drawing prepared by a Florida registered surveyor to scale and plotted by accurate techniques, which provides the loçation, size and common name of all protected trees located in a given lot or parcel. (B) Permit Required (1) Tree removal permit. No person shall, directly or indirectly, cut down, substantially alter, destroy, remove, relocate, damage or authorize any such act involving a protected tree situated on land within the Village, without first obtaining a tree removal permit. But the following activities may be done without applying for a permit: (a) Pruning and trimming of trees or other vegetation when necessary to conduct a survey or site examination for the preparation of subdivision plats, site plans or tree surveys, providing that such pruning and trimming is conducted under the direction of a Florida registered surveyor or engineer. (b) Routine landscape maintenance such as limited trimming or pruning of vegetation that is not intended to result in the eventual death of the plant, or any other landscaping activity which is commonly recognized as routine maintenance. (c) Removal, trimming, pruning or alteration of any tree or vegetation in an existing utility easement or public right-of-way, provided such work is done by or under the control of the operating utility company and said company has received all necessary licenses or permits to provide utility service within the easement. This exemption shall not apply to the removal, trimming or alteration of any, Live oak (Quercus virginiana) tree, or other valuable tree designated by the Board of Aldermen that falls in the protected tree size range, such as Laurel Oak or the native Bay trees. (d) Removal, trimming or alteration of any tree or vegetation for the purpose of maintaining existing legal access to a property. 111 (e) Any activity conducted by a lawfully operating and bona fide commercial nursery or agricultural operation, or bona fide landscape or lawn maintenance company, when the activity occurs on property owned or lawfully occupied by the person conducting such activity. (f). Removal or replacement of any tree which has been damaged or destroyed beyond saving, from extreme weather conditions, insects, disease and fire, or which constitutes an immediate peril to life or property and has been confirmed by the Board of Aldermen or its appointed representative. (2) Land Clearing Permit. No land clearing or grubbing shall, directly or indirectly, be conducted by any person on any property located within the Village without first obtaining a land clearing permit. (3) Trees excluded from permitting requirements. No permit shall be required for removal of any of the trees belonging to any of the following species: (a) Casuarina spp. (Australian pine); (b) Melaleuca quinquenervia Melaleuca, Cajaput, Paperbark, Punk Tree); (c) Schinus terebinthifolius (Brazilian pepper), Rosewood, Silk Oak, Norfolk Pine, Loquat, Carrotwood and non-native palms. (4) Property exempt from permitting requirements. The following properties shall be exempt from the permitting requirements of Section 3.6.5(B) (1) and (2) : (a) Any existing, developed single family residential lot. (b) Any property for which a site plan and/or landscaping plan has been approved, providing that any tree removal, land clearing, or grubbing is consistent with the approved plan(s). Such properties are not otherwise exempted from any provision or permitting requirement of any ordinance. 112 (C) Conditions for issuing permits. The following permits shall be available upon proper application in compliance with this section - tree removal permit and land clearing permit. Criteria governing issuance are as follows: (1) Tree removal permit. No tree removal permit shall be issued unless the Board of Aldermen finds that at least one of the following criteria is satisfied with respect to each protected tree designated for removal: (a) That the tree is located within the net buildable area of a given site as identified on the tree survey and site plan by the applicant and the building cannot practically be shifted to save the tree; (b) The tree is located within an existing or proposed right-of-way; (c) The tree is located within an existing or proposed easement, stormwater management tract or facility, provided that only the minimum area reasonably necessary for the service or use shall be considered for purposes of determining whether there is necessity for tree removal; (d) The tree is located where it creates or will create a safety or health hazard or a nuisance with respect to existing or proposed structures or vehicles or pedestrian routes; (e) The tree is located where it interferes with the installation, delivery or maintenance of proposed or existing utility services to the site except a higher degree of necessity must be demonstrated by the applicant in the case of a Live oak tree (Quercus virginiana) or other valuable tree designated by the Board of Aldermen which qualifies as a protected tree; (f) The tree is confirmed by the Board of Aldermen to be diseased, severely injured or in danger of falling; or (g) The tree unreasonably prevents development of a lot or parcel of the physical use thereof. However, a tree removal permit shall not be granted where the applicant has failed to design and locate the proposed improvements sO as to minimize the removal of trees consistent with the 113 permitted use of the lot or parcel under the zoning ordinance as amended. (2) Land clearing permit. No land clearing permit shall be issued unless the Board of Aldermen finds that each of the following criteria is satisfied: (a) The land clearing or grubbing is necessary to make those certain site improvements authorized by an approved site plan, subdivision approval or land development permit. In the event the area to be cleared is the minimum necessary for such work or in the event the aforementioned approvals are not required by law for the intended use of the property, that the proposed clearing is the minimum necessary for the proposed use or improvement; (b) The applicant provides a written erosion control plan describing methods to control erosion which may be expected to occur as a result of the proposed clearing or grubbing; (c) Protected trees shall have protective tree barriers erected, at least 10' from trunk while site is cleared and developed. (3) Limitations. Except as specifically authorized by the permit, a land clearing permit does not authorize the damage, removal, relocation or destruction of protected trees. (4) Tree survey. A tree survey shall be required for any tree removal or land clearing permit, and shall be filed with the permit application or application for site plan approval, whichever is submitted first. A tree survey shall be to scale, shall depict the location and describe each protected tree and, where applicable, any proposed construction areas. (D) Failure to obtain permit. After February 21, 2012, any tree removal, land clearing or grubbing that is done without a permit shall be remedied by mitigation approved by the Village before any affected property may be used for any purpose or granted site plan or other approval for development or construction. Any mitigation approved shall be pursuant to a plan which must be shown to alleviate any impacts upon, or loss of, protected trees and native vegetation and also remedy any impact, including in relation to erosion or drainage, upon 114 adjacent or other impacted non-owned properties. Section 3.7.0 SIGNS Section 3.7.1 Purpose The purpose of these sign regulations is to establish requirements of the size, character, appearance, location, installation, and maintenance of signs in order to promote motorist safety, preserve and protect the visual beauty of the landscape, and promote the general health, welfare, and safety of the citizens of St. Lucie Village. Section 3.7.2 Permitted Permanent Signs The following signs or advertising structures of a permanent nature shall be permitted within the following Zoning Districts: (A) Residential, Low Density (R-1) (1) One (1) non-illuminated nameplate per dwelling unit which shall not. exceed two (2) square foot in sign area. (2) Non-illuminated directional signs which shall not exceed four (4) square feet each in sign area, may be installed as needed. (B) Residential, Medium Density (R-2) and Conservation (CSV) (1) One (1) nameplate per individual dwelling unit which shall not exceed two (2) square foot in sign area. (2) One (1) wall or ground sign identifying the name and address of a permitted principal building or use which shall not exceed eight (8) square feet in sign area. Ground signs shall not exceed six (6) feet in height. (3) Directional signs, which shall not exceed four (4) square feet in sign area, may: be installed as needed. (C) General Community Commercial (C), Recreation/Public Facilities (RPF) (1) One (1) wall sign or one (1) projecting sign which shall not exceed a sign area equal to twenty (20) percent of the total wall face area fronting on the main street, except that fifty (50) percent of such permitted wall sign area may be located on any other wall surface of the same building. Total wall sign area shall not exceed the allowable frontage on the 115 ORDINANCE 2025-1 AN ORDINANCE OF THE BOARD OF ALDERMEN OF THE TOWN OF ST. LUCIE VILLAGE, FLORIDA, AMENDING ORDINANCE 62-8, KNOWN AS THE SUBDIVISION ORDINANCE, TO ESTABLISH REGULATIONS SPECIFIC TO SUBDIVISIONS ACCESSED BY PRIVATE RAILROAD CROSSINGS AND PROVIDING FOR THE ERECTION OF SOUND BARRIERS IN SUBDIVISIONS ADJACENT TO THE FLORIDA EAST COAST RAILWAY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of Aldermen of the Town of St. Lucie Village Florida (the "Board") previously adopted Ordinance 62-8, an Ordinance setting forth regulations for filing plats and developing new subdivisions and resubdivisions (the "Subdivision Ordinance"); WHEREAS, the Board previously adopted Ordinance 2004-9 amending the Subdivision Ordinance to provide for the application of lot size and dimension requirements from the then current zoning regulations, now incorporated into the St. Lucie Village Land Development Code, to lots created pursuant to the Subdivision Ordinance; WHEREAS, most of the residentially zoned property in the Village lies east of the Florida East Coast Railway ("Railway")and can only be accessed via railway crossing; WHEREAS, when the Subdivision Ordinance was, adopted, the only railroad crossings within the municipal limits of the Town of St. Lucie Village, Florida ("St. Lucie Village" or the "Village") were public crossings connecting to public roads; WHEREAS, property located at Shimonek Lane has since been annexed into the municipal limits of the Village and, while a strip of property between Old Dixie Highway (on the west) and the Railway was annexed in conjunction, the only developable property is on the east side of the railway and is accessed via private crossing and private road/easement; WHEREAS, because the property accessed by the private crossing cannot meet requirements of the Land Development Code and Subdivision Ordinance due to lack of trontage on a public road and an inability to effectively create public access; and, WHEREAS, the Board concludes property accessible by private crossing should be subject to subdivision and development in the same general fashion as property accessed via public crossing but, given the lack of public access and related issues, subject to special limitations or regulations not generally required or applicable to subdivisions accessed by public crossings and public roads. NOW THEREFORE, the Board of Aldermen of the Town of St. Lucie Village, Florida hereby ordains. 1. The following provisions are inserted as SECTION K. Provisions Related to Subdivisions Accessed by Private Crossing: SECTION K. Provisions Related to Subdivisions Accessed by Private Crossing. 1. Overall Requirements and Conditions: a. Lot Size - Minimum lot size is to be 2 acres. b. Road Frontage - no public road trontage is required. C. Roads - Private roads are permitted, and will be designed, repaired and maintained by the property owners and/or owners' association of the subdivision. d. Gates - Gates at subdivision entrances to provide security are allowable but must provide public service access (including particularly Sheriff and Fire District), and access to Village code enforcement and Building Official, at any time. 2. Construction of the Work - Site work shall be constructed in accordance with an approved development plan complying with all applicable codes. After the development plan has been approved, the developer shall upon completion of the entire work furnish the Village with an engineer's certificate of such completion in accordance with the approved plans. Whereupon, the Mayor and Village staff and/or engineer shall recheck the plat, and, if same is found to comply with the plat requirements of these regulations, the Board shall, on the recommendation of the Mayor, approve the plat for filing but not accept the work for Town maintenance. 3. Required Road, Street and Drainage Construction As a condition of accepting the plat for filing, the developer shall construct and drain the roads in a private subdivision. Drainage of the property shall be designed and constructed to the standards of the Florida Water Management District and the Florida Department of Environmental Protection. 4. Dedications to Public Not Required - Rights-of-Way for roads, streets and alleys, easements for utilities, and rights-of-way and easements for drainage may be by private easements among the owners or granted to an owners association. 5. Private Roads - shall be designed, constructed, and maintained by property owners or association. i. Private Roads need not be paved but must be designed and constructed to support emergency equipment and be documented to do sO prior to approval of any development plan or plat. ii. Private Roads must be made accessible to public works officials and town leadership and must provide public service access (including particularly Sheriff and Fire District) and to Village code enforcement and Building Official, at any time. 6. Building Setbacks and Minimum Lot Size: i. All building setbacks shall be a minimum of 25 feet from respective lot lines. ii. Minimum lot size of 2 acres. 7. Private Crossings This section K is applicable only to subdivisions accessible by private railway crossings and in those circumstances Section K shall control over contrary provisions in the Ordinance. 2. The following language is inserted to create SECTION L. Sound Barriers Adjacent to Railways. SECTION L = Sound Barriers Adjacent to Railways. Any barriers, fences, or walls built as sound barriers along a subdivision's boundary with a railway's property line will not be confined heights or materials stated for fences, walls and hedges in the St. Lucie Village Land Development Code, but must: a. Comply with the Florida Building Code and all other applicable codes. b.. Not exceed ten feet in height. C. Not be any closer to the railway property line than the barrier is tall. d. This relief from the height limitation shall be deemed to allow additional height to walls and fences along a subdivision's north and south boundaries lines extending from the railway, but only to the extent they extend no further east or west than the distance which is 10% the length of the barrier along the railway. 3. The Subdivision Ordinance sections previously identified as K - N are re-lettered to be M - P, respectively. PASSED AND APPROVED by the Board of Aldermen of the Town of St. Lucie Village on this day of April, 2025. APPROVED: BOARD OF ALDERMEN OF THE TOWN OF ST. LUCIE VILLAGE, FLORIDA By: William G. Thiess, Mayor ATTESTED: By: Paulette T. Burgess, Acting Clerk I, Paulette T. Burgess, Acting Clerk of the TOWN OF ST. LUCIE VILLAGE, FLORIDA, do hereby certify that this is a true and accurate copy of Ordinance 2025-1 which was duly introduced, read, and adopted at the regular meeting of the Board of Aldermen of the TOWN OF ST. LUCIE VILLAGE, FLORIDA, held this day of April, 2025. Paulette T. Burgess, Acting Clerk Prepared by and return to: Stefanie Beskovoyne General Counsel Fort Pierce Utilities Authority 206 S 6th Street Fort Pierce, FL 34950 INTERLOCAL AGREEMENT ST. LUCIE VILLAGE WASTEWATER PROJECT THIS INTERLOCAL AGREEMENT made and entered into this day of 2025, by and between The Town of St. Lucie Village, a municipality incorporated under the laws of the State of Florida (the "Village"), the Fort Pierce Utilities Authority, created and established by the Charter of the City of Fort Pierce, Florida, ("FPUA"). The Village and the FPUA may be referred to individually as a "party" or collectively as "the parties." RECITALS WHEREAS, FPUA is the govérning body authorized to enter into agreements relating to providing sanitary sewer service for the Village which is located within the boundaries of FPUA's utility service area; WHEREAS, the Village has secured grant funds to fund the cost of construction of a wastewater collection system to serve real properties Located within the Village, in phases (collectively "the Project"); WHEREAS, the Project is being designed and constructed in phases, each, upon completion and turnover to the FPUA, (individually referred to as a "System"); WHEREAS, the properties in the Village to be served by the Project is attached hereto and made a part hereof as Exhibit "A"; WHEREAS, a list of the 382382 parcels to be served by the Project is attached hereto and made a part hereof as Exhibit "B"; WHEREAS, should there be excess funds from the grants, the grant funds could cover the costs of connection for approximately 50 connections upon completion of Phase 1 or a majority of the cost for a larger number of connections; WHEREAS, the FPUA is offering a credit for the connection of all 344 parcels upon completion of the Project in the form of "CIC" at the rates in efiect as of the date of the connection; and WHEREAS, the parties believe that it is in their mutual best interest and serves a public purpose to cooperate in providing sanitary sewer service to the properties in the Village, NOW, THEREFORE, FPUA and the Village hereby agree and covenant on the terms and conditions hereinafter stated: 1. RECITALS. The foregoing recitals are hereby incorporated as forming the intent and purpose of this Agreement. 2. GENERAL. e This Agreement is entered into pursuant to Section 163.01, Florida Statutes, the Florida Interlocal Cooperation Act. 3. FPUA RESPONSIBILITIES. FPUA's responsibilities under this Agreement are as follows: a. -FPUA shall review the design plans and specifications for the Project prepared by the Village's consulting engineer for design and permitting to ensure that the design and installation of the system is in accordance with all applicable FPUA standards, policies, and procedures. a. b. FPUA shall provide inspection services for construction of the Project in conjunction with inspection services by the Village's consultant for construction engineering and inspection (CEI) services, with inspection responsibilities mutually agreeable by both inspecting parties. b-c. FPUA shall assist the Village in administering a project to install the System to include but not limited to assisting the Village's CEI consultant with shop drawing approvals, change order approvals, project certification, and review of record drawings. e-d. Upon completion of the System and acceptance of ownership of the System by FPUA, FPUA shall be responsible for the operation and maintenance of the System. 2 de. If the Village is not able to fund this project, FPUA shall be responsible for the cost of all design or other staff work done by FPUA related to this project, or the phase not funded. The Village shall use its best efforts to notify FPUA as soon as possible of any change in the status of funding. e-f. FPUA shall credit make-e-memetary-centributien up to 1,181492,895095, or the cost necessary to offset any Capital Improvement Charges, towards the construction cost of the project. 4. VILLAGE RESPONSIBILITIES. a. The Village has received $1,700,000 in funding from an Indian River Lagoon Water Quality Grant for constructing force mains in Phase 1 of this project. Grant funding will also be pursued for construction of force mains in Phases 2 and 3 of this Pproject, which will complete the project. The Village shall pay the Contractor's invoices upon receiving advanced funds from grant administrators. All other applicable fees and charges for connection to the FPUA wastewater collection system -will be the responsibility of the landowners unless additional grant funding is received to cover home-to-main connection costs. b. The Village shall be responsible for the acquisition of easements required to serve the Project as necessary for the installation and maintenance of the System in a form approved by the FPUA. 5. TERMINATION. Unless terminated by the mutual written agreement of all parties, this agreement shall remain in full force and effect until all of its terms and conditions have been met. 6. NOTICE OF CITY ANNEXATION REQUIREMENT. The following notice is required by the City and should not be construed in any way as an endorsement of the City's annexation policies by the Village. As a condition precedent for connection to the FPUA wastewater collection system, FPUA requires all users to sign an annexation agreement whereby the user consents to and requests that the real property be annexed into the city limits of Fort Pierce whenever such annexation may legally occur and that the FPUA will refuse to allow connection to its wastewater system unless and until the referenced annexation agreement is signed. Since the Village is an incorporated municipality, properties in the Village cannot be legally annexed unless the Village ceases to be an incorporated 3 entity or a property is de-annexed. Any required annexation agreement shall be in the form which recognizes and incorporates this limitation on annexation. The annexation agreement shall be irrevocable and shall be binding on the heirs, successors and assigns of all such users. 7. SYSTEM RELOCATION. If within five (5) years after installation of the pipes, mains and appurtenances comprising the System, the Village shall require FPUA to relocate any portion thereof, then the Village shall be responsible for the costs and expenses, and for obtaining any easements, associated with such relocation sO long as the original system was installed as designed and per Village right-of-way permit conditions. 8. NOTICE. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to Village: With a copy to: William G. Thiess Richard V. Neill, Jr. St. Lucie Village Mayor St. Lucie Village Attorney 2512 Lightlewood Lane 311 South 2nd St. Ste 200 Pierce, Florida 34946 Fort Pierce, Florida 34950 If to FPUA: With a copy to: Director of Utilities General Counsel Fort Pierce Utilities Authority -Fort Pierce Utilities EhOrEyPWA-AEtemmey P.O. Box 3191 P.0. Box 3191 Fort Pierce, Florida 34948 Fort Pierce, Florida 34948 I-to-the-Gkty Wkth-e-copr-to* City-Manager CHyof-Fort-Peree Fert-Pieree City-Atterney 00-NOFt-4-8--ene P-0.-Bex-3779 Fort-Piereer-Plrkde-34950 Port-Piereer Plorida-33448 9. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter and supersedes all prior verbal or written agreement between the parties with respect hereto. This Agreement may only be amended by written document, property authorized, executed and delivered by the parties 4 hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. 10. FILING. This Agreement and any subsequent amendments thereto shall be filed with the Clerk of Court of St. Lucie County pursuant to Section 163.01(11), Florida Statutes. SIGNATURE PAGE FOLLOWS 5 IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials. ATTEST: TOWN OF ST. LUCIE VILLAGE, FLORIDA BY: ACTING CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: Village Attorney ATTEST: FORT PIERCE UTILITIES AUTHORITY BY: : Secretary- Chairperson APPROVED AS TO FORM AND CORRECTNESS: Attorney for FPUA 6 PROPOSAL Streamline Paving Inc. 4525 State Road 70 E Okeechobee, FL 34972 (863) 634-0081 StreamlinePavinginc@hotmail.com Date: 02/11/2025 Client Name: Site Location: Leon St Lucie Village St Lucie Village Marshall Fort Pierce, FL We hereby submit specification and estimate to perform work at the above job site: River Prado Berm Project 1. Install 6 Loads of Fill Dirt, Creating a Berm 2ft High 5ft Wide at Base between Residence of 440 & 480 River Prado. Approximately 180 to 190 Ft Long. 2. Cover Entire Berm with Bahaia/Rye Grass Seed & Hay additional $250 Estimated Cost = $3,000 *** NOTE: Add cost of permit if required, any additional work will be extra charge. We hereby propose to furnish labor and material Make all checks payable tOSTREAMLINE PAVING INC.. There willl be a 10surcharge late fee perinvoice after 30 days oft the dateon the invoice Signature Date