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Home My WebLink AboutDocumentation_Regular_Tab 17_10/10/2019 Agenda Item #17. or rry i J' +r„ Regular Council STAFF MEMO �i• �� { Meeting: Regular Council - Oct 10 2019 Staff Contact: Matthew Hammond Department: Utilities TITLE ORDINANCE 26-19, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE VILLAGE OF TEQUESTA AT CHAPTER 74. UTILITIES, ARTICLE IV. STORMWATER. DIVISION 1. GENERALLY, BY CREATING AN ENTIRELY NEW SECTION 74-181. — SWALE UTILIZATION POLICY; PROVIDING REGULATIONS FOR USE OF VILLAGE SWALES INTENDED TO PROTECT AND ENCOURAGE STORMWATER MANAGEMENT PRACTICES; ALSO AMENDING CHAPTER 66. SUBDIVISIONS, ARTICLE VI. IMPROVEMENTS, BY CREATING AN ENTIRELY NEW SECTION 66-347. — SWALE UTILIZATION POLICY. TO CROSS REFERENCE AND APPLY SAID POLICY SUMMARY: The Village has maintained an interim swale policy for many years to promote the management and treatment of stormwater within Village rights-of-ways. Swales are shallow, broad and vegetated channels designed to store and/or convey runoff and remove pollutants. The benefits of properly maintained swales include: • Capturing stormwate runoff • Removal of urban pollutants • Reducting stormwater runoff rates and volumes • Maintaining a dry roadbed • Increasing groundwater recharge • Low capital cost It has become apparent to Administrative, Building Department, and Utilities Department staff that the interim swale policy has become outdated and requires minor updates and formal adoption. The updates to the swale policy add flexibility to address site specific conditions as well as promote low- impact design principals. POTENTIAL MOTION / DIRECTION REQUESTED: Approval of the first reading of Ordinance 26-19 ATTACHMENTS: Ord 26-19 Swale Policy Updated Swale Policy Page 348 of 414 Agenda Item #17. ORDINANCE 26-19 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE VILLAGE OF TEQUESTA AT CHAPTER 74. UTILITIES, ARTICLE IV. STORMWATER. DIVISION 1. GENERALLY, BY CREATING AN ENTIRELY NEW SECTION 74-181. — SWALE UTILIZATION POLICY; PROVIDING REGULATIONS FOR USE OF VILLAGE SWALES INTENDED TO PROTECT AND ENCOURAGE STORMWATER MANAGEMENT PRACTICES; ALSO AMENDING CHAPTER 66. SUBDIVISIONS, ARTICLE VI. IMPROVEMENTS, BY CREATING AN ENTIRELY NEW SECTION 66-347. — SWALE UTILIZATION POLICY. TO CROSS REFERENCE AND APPLY SAID POLICY; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 74. UTILITIES AND CHAPTER 66. SUBDIVISIONS. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, swales are an effective means of capturing stormwater runoff to reduce runoff rates and volumes, and to remove pollutants; and WHEREAS, the Village Council of the Village of Tequesta (the "Village") desires to promote best practices related to stormwater the management and treatment within the Village by implementing a swale utilization policy; and WHEREAS, the Village Council believes these amendments to the code of ordinances are in the best interests of the citizens of the Village of Tequesta. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1. The facts and recitations contained in the preamble of this ordinance are adopted and incorporated by reference as if set forth in this section. Section 2. The Code of Ordinances of the Village of Tequesta, Florida, is hereby amended at Chapter 74. - Utilities, Article IV. — Stormwater, Division 1. - Generally, by creating an entirely new Section 74-181. — Swale Utilization Policy, adopting a "Swale Utilization Policy"for the Village of Tequesta; providing that Section 74-181 shall hereafter read as follows: 1 Page 349 of 414 Agenda Item #17. Sec. 74-181. —Swale utilization policy. All swales, and the utilization of all swale areas by the property owner(or adjacent property owner for swales in a right-of-way) within village shall comply with the requirements of the village swale policy attached to Ordinance No. 26-19 as exhibit A, which is on file in the village clerk's office, as fully as if set forth in this section. Section 3. The Code of Ordinances of the Village of Tequesta, Florida, is hereby amended at Chapter 66. - Subdivisions, Article VI. — Improvements, by creating an entirely new Section 66-347. — Swale Utilization Policy, cross referencing the adopted policy contained in Chapter 74; providing that Section 66-347 shall hereafter read as follows: Sec. 66-347. —Swale utilization policy. All swales, and the utilization of all swale areas by the property owner(or adjacent property owner for swales in a right-of-way) within village shall comply with the requirements of the village swale policy provided for at Chapter 74. - Utilities. Article IV. —Stormwater, Division 1. — Generally, Section 74-181. Section 4. Each and every other section and subsection of Chapter 74. Utilities. and Chapter 66. Subdivisions. shall remain in full force and effect as previously adopted. Section 5. All ordinances or parts of ordinances in conflict with this ordinance are repealed. Section 6. If any section or provision of this ordinance, any paragraph, sentence or word is declared invalid by a court of competent jurisdiction,the decision shall not affect the validity of the remainder of this ordinance. Section 7. Specific authority is hereby given to codify this ordinance into the Code of Ordinances of the Village of Tequesta, Florida. Section 8. This ordinance will take effect immediately upon adoption. 2 Page 350 of 414 Agenda Item #17. VILLAGE SWALE POLICY A. DRIVEWAY CONSTRUCTION 1. Driveways to be reconstructed within the Village must go through the permitting process at the Building Department. Driveways proposed within swales shall conform to the Swale Guidelines as set forth hereafter in anticipation of swales being provided by the Village in the right-of-way in the area the driveway is being proposed for construction. 2. All costs associated with the reconstruction of the driveway shall be at the owner's expense including, but not limited to, pavement restoration, sodding, irrigation, and swale reconstruction. The property owner or his agent or contractor shall not be required to construct a swale in the remainder of the right-of-way of the applicant's property, but may voluntarily do so if he/she chooses. 3. It shall be the responsibility of the Building Department to inspect each site at the appropriate time to ensure proper construction methods and permit compliance. B. SWALE GUIDELINES 1. Swale depths will follow the original approved design plans. If the design plans do not adequately show the swale design or design plans do not exist, then the depth shall be in compliance with the village Minimum Standards for the Design, Construction and Maintenance of Stormwater Conveyance Systems. Alternate stormwater management methods may be approved by the Utilities Director for just cause based on individual site conditions. 2. Swale width shall follow the design plans. If the design plans do not adequately show the swale width or design plans do not exist, then the width shall be no wider than the existing right-of-way. 3. Low-impact design principals such as bio-swales and other creative stormwater management techniques are encouraged. C. PERMITS 1. Any modifications of the Village right-of-way for swale construction or maintenance shall be by permit, initiated through the Building Department , and shall be in accordance with village ordinances, rules, standards, and policies. This includes, but is not limited to, trees, shrubs, signs, mailboxes, planters, ornamental decorations, etc. (Excluding Village installed signage). 2. Driveway permits shall contain a statement advising applicants that driveways must be constructed to conform to the contours of existing swales or future swales in order to facilitate the goals and objectives of the Village Swale Program. 3. Any driveway permits that deviate from the Swale Guidelines above must be signed off by the Utilities Director,or their designee, prior to issuance. Page 351 of 414