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HomeMy WebLinkAboutOrdinance_411_08/23/1990ORDINANCE N0. 411_,_ AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, CREATING POTABLE AND IRRIGATION WATER PROTECTION AND CONSERVATION: REQUIREMENTS; PROVIDING FOR TITLE; PROVIDING FOR' PURPOSE AND INTENT; PROVIDING FOR APPLICABILITYI THROUGHOUT THE TEQUESTA WATER SERVICE AREA; PROVIDINGI WATER PROTECTION AND CONSERVATION REQUIREMENTS AND~I STANDARDS; PROVIDING REQUIREMENTS FOR PLAN REVIEW,'' PERMITS AND INSPECTIONS BY THE VILLAGE OF TEQUESTA;', PROVIDING REQUIREMENTS FOR FEES FOR PLAN REVIEW ANDS, INSPECTION SERVICES; PROVIDING FOR PENALTIES;' PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Growth Management Act of 1985, as amended, and F. A. C. Rule 9J-5, as amended, require that local governments adopt comprehensive plans; and • Section Ordinance is to water resources further, it is accomplish this requirements and WHEREAS, these statutory provisions and rules require,i in part, that local governments implement water protection and conservation policies and programs; and WHEREAS, the Village a Comprehensive Development provisions and rules and other of Tequesta, Florida, has adopted Plan, pursuant to these statutory author ity; and WHEREAS, the Potable Water Utility Element of the Village of Tequesta Comprehensive Development Plan at Policy No. 1.3.4 requires that the Village shall continue to actively enforce all existing potable water planning policies, as well. as continue to research and develop additional planning policies for the protection and conservation of potable water' resources within the Village's service area; and WHEREAS. Policy 1. 5. 2 of this same Potable Water Utility Element requires that the Village establish a permitting procedure to ensure that adequate facility capacity ~; i exists or will exist concurrently with development to maintain ij adopted level of service standards. NOW, THEREFORE, BE IT RESOLVED by the Village Council. of the Village of Tequesta, Palm Beach County, Florida, as. follows: Section 1! Title. This Ordinance shall be known as. and may be cited as the "Water Protection and Conservation; Ordinance" of the Village of Tequesta, Florida. z_ Purpose and Intent. The purpose of this protect and conserve the potable and irrigation within the Village's water service area, and the intent of the Village of Tequesta to purpose through the implementation of the standards as set forth herein. Section 3. Applicability. a. The recitations set forth in the "whereas" paragraphs above are incorporated by reference herein as findings of fact upon which this ordinance is based. • b. All provisions of this Ordinance shall be effective within the Village of Tequesta water service area including but not limited to the Village of Tequesta, the Town of Jupiter, the Town of Jupiter Inlet Colony, unincorporated Palm Beach County and Martin County. .` c. This Ordinance shall be liberally construed to effect the purpose set forth herein. Section 4. Water Protection Requirements. All potable and irrigation water service distribution and plumbing systems shall meet the requirements of the Village of Tequesta Cross Connection and Backflow Prevention policy attached toy this Ordinance as Exhibit "A" and as fully as if set forth herein. When a conflict exists between a requirement set forth in the Village of Tequesta Cross Connection and Backflow Prevention policy and the adopted Plumbing Code of an affected) governmental agency, the more stringent requirement shall be adhered to. Section 5. Water Conservation Requirements. All new construction and additions, alterations and/or remodeling that includes plumbing work and additions, alterations and/or remodeling that is in excess of f if ty percent { SOQ~> of the assessed value of the structure shall be required to install water conservation fixtures, devices and appliances as follows: a. Low-flush toilets. Toilets that use no more than 3.5 gallons of water per flush, and meet the performance standard A112.19.2M-1982 of the American National Standards Institute (ANSI) . b. Low-flow shower heads.. Shower heads that allow no more than 2.75 gallons per minute + 0.25 gpm at water pressures up to 80 pounds per square inch and meet ANSI standard A112.18.1M-1979. c. Low-flow faucets. Lavatory and sink faucets that allow no more than 2.75 gpm + 0.25 gpm at water pressures up to '. 80 psi and meet ANSI standard A112.18.1M-1979. d. Moisture control mechanisms and systems.. The installation and use of soil tensiometers, rain sensors, moisture control systems or similar approved devices shall be required on all irrigation systems. Section 6. Plan Review and Inspection Fees. Fees shall be paid to the Village of Tequesta as follows: a. Plan Review Improvement Charge <CIC {ERC> payable at time of construction drawings addition, alteration or modified plumbing systems Fee. One percent {1~> of Capital 1, ) per Equivalent Residential Connection, application along with two <2> sets of for the proposed new construction,.. remodeling, indicating all new and/or and fixtures. b. Inspect ion Fee. Two percent { 2~> of Capital ; Improvement Charge <CIC) per Equivalent Residential Connection,, t ERC> payable at t ime of agpl icat ion. c. Capital Improvement Charge <GIC>. The Capital' Improvement Charge {CIC) shall be as set forth in the Village, of Tequesta Water Department Rate Table and as may be amended 'I from time to time. Section 7. Penalties. Violations of the provisions', of this Ordinance, after notice by a Village Official, shall constitute a misdemeanor. Any person upon conviction of such misdemeanor shall be fined not more than five-hundred dollars', (5500.00) or imprisoned for not more than six <6> months or! both, and in addition, shall pay all costs and expenses' involved in the case. Each day such violation continues shall; be considered a separate offense. Additionally, a violation! thereof shall result in revocation of any permit granted fore. construction or renovation defined herein. page 2 • Section 8. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 9. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 10. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember Earl L, Collings who moved its adoption. The Ordinance was seconded by, Councilmember Edward C, Howell and upon beings put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Vuilliam F Rnrrkart Earl T .ollinuc Edward C Howell Ron T P~Iackai 1 The Mayor thereupon declared the Ordinance duly passed' and adopted this ?'~r~l day of August 1990. MAYOR OF TEQUESTA Joseph N. Capretta AT T: ,- r Village C er n