HomeMy WebLinkAboutOrdinance_26-19_11/14/2019 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
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
ORDINANCE i Date
t•o 44
26-19 11/14/2019
Upon Second Reading
Motion Vice-Mayor Kristi Johnson Second Council Member Vince Arena
VOTE
FOR ADOPTION AGAINST ADOPTION ABSENT
Mayor Abigail Brennan ✓
Vice-Mayor Kristi Johnson ✓
Council Member Vince Arena ✓ n
Council Member Laurie Brandon
Council Member Kyle Stone
The Mayor thereupon declared the Ordinance duly passed and adopted.
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MAYOR OF TEQUESTA ATTEST: °j:-''' GORp' •'�°°
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• bigail B ennan Lori McWilliams,MMC
Village Clerk