HomeMy WebLinkAboutDocumentation_Regular_Tab 11_4/14/2022Agenda Item #11.
Regular Council"
STAFF MEMO `-'
Meeting: Regular Council - Apr 14 2022
Staff Contact: Matthew Hammond, Utilities Department: Utilities
Director
ORDINANCE NO. 07-22, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 62. PLANNING AND
DEVELOPMENT. AT ARTICLE IV. ADEQUATE FACILITIES AND CONCURRENCY MANAGEMENT.
DIVISION 1. GENERALLY. BY REVISING SECTION 62-92. LEVEL OF SERVICE STANDARDS; AND
CHAPTER 66. SUBDIVISIONS. ARTICLE V. DESIGN STANDARDS. DIVISION 1. GENERALLY. BY
REVISING SECTION 66-161. GENERAL STANDARDS; LEVEL OF SERVICE STANDARDS. TO
UPDATE STORM EVENT DEFINITIONS AND REQUIRE COMPLIANCE WITH THE STORMWATER
MANAGEMENT PRACTICES MANUAL; AND AMENDING CHAPTER 66. SUBDIVISIONS. ARTICLE
VI. IMPROVEMENTS. BY RENAMING SECTION 66-334. STORMWATER MANAGEMENT
PRACTICES MANUAL; STORM DRAINAGE AND STORMWATER MANAGEMENT FACILITIES. TO
AUTHORIZE THE CREATION OF A STORMWATER MANAGEMENT PRACTICES MANUAL TO BE
ADOPTED AND AMENDED BY RESOLUTION; AND FURTHER AMENDING CHAPTER 78. ZONING.
AT SECTIONS 78-331. REQUIRED; DEVELOPMENT STANDARDS; REQUIRED FACILITIES AND
INFRASTRUCTURE. 78-693. PAVING OF PARKING SPACES; OBSTRUCTIONS IN PARKING
AREA. AND 78-835. MINIMUM REQUIREMENTS. TO UPDATE STORM EVENT DEFINITIONS AND
REQUIRE COMPLIANCE WITH THE STORMWATER MANAGEMENT PRACTICES MANUAL;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 62.
PLANNING AND DEVELOPMENT. 66. SUBDIVISIONS. AND 78. ZONING. 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.
The Village manages stormwater within Tequesta municipal limits through its Stormwater Utility
established in 2013 with the purpose of "collection of and disposal of stormwater and regulation of
groundwater are of benefit and provide services to all property within the incorporated village limits,
including property not presently served by the stormwater elements of the system." This purpose is
accomplished on two fronts: the operation & maintenance of existing stormwater infrastructure and the
permitting of new development and redevelopment within the Village. Within the 2021-2022 Strategic
Plan the Village Council identified six "Pillars" including: Organizational Excellence; Public
Infrastructure; Economic Development; Safe, Livable & Family Friendly; and Sustainable and
Environmental Stewardship. The Village Stormwater Utility contributes directly to three of these Pillars
- Public Infrastructure; Safe, Livable & Family Friendly; and Sustainable and Environmental
Stewardship.
The current stormwater requirements within the Village Code of Ordinances (Code), by which new
development and redevelopment are reviewed, is dated and does not adequately address the strategic
pillars of the Village. As a result, Strategic Initiative SE1 within the 2021-2022 Strategic Plan identified
the development of a Manual that prioritizes Low Impact Development, swales and appropriate lot
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Agenda Item #11.
grading. To complete Strategic Initiative SE1 the Village of Tequesta Stormwater Management
Practices Manual and accompanying Residential Stormwater Guidelines and Code updates have been
developed with the assistance of Jones Edmunds & Associates, a Village engineering consultant.
These documents were provided to the Building Department, Community Development Department
and Village Attorney for review. Additionally, Final Drafts of the Village of Tequesta Stormwater
Management Practices Manual and Residential Stormwater Guidelines were presented to the Village
Environmentally Advisory Committee who unanimously voted to recommend their approval by the
Council.
Ordinance 07-22, prepared by the Village attorney, adopts the necessary updates to the Village Code
to implement the Village of Tequesta Stormwater Management Practices Manual. A subsequent
resolution will be presented to Council after second reading to formally adopt the Village of Tequesta
Stormwater Management Practices Manual. Though not being adopted as a part of this ordinance, the
proposed Village of Tequesta Stormwater Management Practices Manual and accompanying
Residential Stormwater Guidelines are attached for reference.
This document and any attachments may be reproduced upon request in an alternative format by completing
our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443.
BUDGETED AMOUNT: N/A AVAILABLE AMOUNT: N/A EXPENDITURE AMOUNT: N/A
Additional Budgetary Information: Funding Source(s):
N/A N/A
Approve first reading of Ordinance 07-22
Proposed Ordinance 07-22 - Stormwater Code Chanaes
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Agenda Item #11.
ORDINANCE NO. 07-22
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 62. PLANNING AND
DEVELOPMENT. AT ARTICLE IV. ADEQUATE FACILITIES AND
CONCURRENCY MANAGEMENT. DIVISION 1. GENERALLY. BY
REVISING SECTION 62-92. LEVEL OF SERVICE STANDARDS; AND
CHAPTER 66. SUBDIVISIONS. ARTICLE V. DESIGN STANDARDS.
DIVISION 1. GENERALLY. BY REVISING SECTION 66-161. GENERAL
STANDARDS; LEVEL OF SERVICE STANDARDS. TO UPDATE
STORM EVENT DEFINITIONS AND REQUIRE COMPLIANCE WITH
THE STORMWATER MANAGEMENT PRACTICES MANUAL; AND
AMENDING CHAPTER 66. SUBDIVISIONS. ARTICLE VI.
IMPROVEMENTS. BY RENAMING SECTION 66-334. STORMWATER
MANAGEMENT PRACTICES MANUAL; STORM DRAINAGE AND
STORMWATER MANAGEMENT FACILITIES. TO AUTHORIZE THE
CREATION OF A STORMWATER MANAGEMENT PRACTICES
MANUAL TO BE ADOPTED AND AMENDED BY RESOLUTION; AND
FURTHER AMENDING CHAPTER 78. ZONING. AT SECTIONS 78-331.
REQUIRED; DEVELOPMENT STANDARDS; REQUIRED FACILITIES
AND INFRASTRUCTURE. 78-693. PAVING OF PARKING SPACES;
OBSTRUCTIONS IN PARKING AREA. AND 78-835. MINIMUM
REQUIREMENTS. TO UPDATE STORM EVENT DEFINITIONS AND
REQUIRE COMPLIANCE WITH THE STORMWATER MANAGEMENT
PRACTICES MANUAL; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUBSECTION OF CHAPTER 62. PLANNING AND
DEVELOPMENT. 66. SUBDIVISIONS. AND 78. ZONING. 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, the Village of Tequesta enjoys a waterfront environment between
the Loxahatchee River, Indian River, and Atlantic Ocean; and
WHEREAS, the Village recognizes the value of local waterways and the need to
establish consistent standards for the treatment and management of stormwater
generated by new development and redevelopment to protect and preserve these
waterways; and
WHEREAS, stormwater results from a rain event, while runoff is the portion of
stormwater that does not infiltrate into the ground or evaporate and is not intercepted
before reaching a stormwater management system; and
WHEREAS, stormwater runoff from undeveloped lands usually does not present
a management problem since it is relatively clean with lower volumes and peaks due to
natural filtration and higher infiltration; and
WHEREAS, when natural land is converted to higher intensity land use,
stormwater becomes a problem and should be managed. Soil is often paved over, and
impervious surfaces are created. These impervious surfaces prevent stormwater from
infiltration into the ground and recharging local surficial aquifers; and
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Agenda Item #11.
WHEREAS, this reduces uptake by plants and increases accumulation on the
surface. Increased runoff can also create flooding in some areas. Impervious areas
can create an environment where pollutants can accumulate, degrading the quality of
stormwater runoff and rendering it a pollution source; and
WHEREAS, a stormwater management practice is one that shapes and
improves the quality and quantity of stormwater runoff being discharged to receiving
waters, and a Stormwater Management Practices Manual would seek to achieve these
objectives; and
WHEREAS, the Village Council of the Village of Tequesta has determined that
the proposed code revision will be in the best interests of the health, safety, and welfare
of the citizens of the Village of Tequesta.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1: Chapter 62. Planning and Development. of the Code of Ordinances
of the Village of Tequesta is hereby amended at Article IV. Adequate Facilities and
Concurrency Management. Division 1. Generally. by amending Section 62-92. Level of
Service Standards. to update storm event definitions and require compliance with the
Stormwater Management Practices Manual; providing that Section 62-92 shall hereafter
read as follows:
Sec. 62-92. Level of service standards.
(1) — (2) [These subsections shall remain in full force and effect as previously
enacted.]
(3) Drainage. A public drainage facilities level of service standard of a 25- ear
7war from ionn�i� 24-hoi it duration storm event frequency, 3-day ; as
defined by the South Florida Water Management District is hereby adopted,
and shall be used as the basis of estimating the availability of capacity and
demand generated by a proposed development project. All development
projects must be in compliance with the requirements of the "Village of
Tequesta Stormwater Management Practices Manual", which has been
adopted by resolution and may be amended from time to time by the Village
Council. As a general drainage rani iiromont oanh nrnnn�wi nrniont and/nr
oto shall maintain 95 nornont of all st a�Kunnff on -site.
(4) — (5) [These subsections shall remain in full force and effect as previously
enacted.]
Section 2: Chapter 66. Subdivisions. of the Code of Ordinances of the Village
of Tequesta is hereby amended at Article V. Design Standards. Division 1. Generally.
by amending Section 66-161. General Standards; Level of Service Standards. to update
oil
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Agenda Item #11.
storm event definitions and require compliance with the Stormwater Management
Practices Manual; providing that Section 66-161 shall hereafter read as follows:
Sec. 66-161. General standards; level of service standards.
(a) — (f) [These subsections shall remain in full force and effect as previously
enacted.]
(g) All new development and redevelopment must provide the necessary
infrastructure to meet the following level of service standards (LOS). Each
application submitted pursuant to this section shall be required to provide a
certification from a licensed engineer in the state that the proposed
development and/or redevelopment meets or exceeds the level of service
standards for the listed infrastructure as follows:
(1) Traffic (roads and rights -of -way).
Roadway Type
(LOS)
Standard
(LOS) Peak
Collector*
C
D, *Except Country Club Drive and Seabrook Road
which are C
Urban minor arterial
C
D
Urban principal
C
D
arterial
(2) Sanitary sewer. A central wastewater level of service standard of 108
gallons per capita per day is hereby adopted, and shall be used as the
basis of estimating the availability of capacity and demand generated by
a proposed development project.
(3) Drainage. A public drainage facilities level of service standard of a 25-
year frequency, 3-dayz ear from ior�n�i' .4-he ur duration storm event,
as defined by the South Florida Water Management District, is hereby
adopted, and shall be used as the basis of estimating the availability of
capacity and demand generated by a proposed development project. All
development projects must be in compliance with the requirements of
the "Village of Teguesta Stormwater Management Practices Manual
which has been adopted by resolution and may be amended from time
to time by the Village Council. OC o general rlmon:4no rani iiromont each
(4) Potable water. The following potable water level of service standards are
hereby adopted and shall be used as the basis for estimating the
availability of facility capacity and demand generated by a proposed
development project:
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Agenda Item #11.
a. Average day water consumption rate:
Residential 1175 gallons/capita/day
b. Maximum day water consumption (including irrigation):
Residential 180 gallons/capita/day
Nonresidential 3,030 gallons/acre/day
(5) Recreation.
Classification
(Area/Activity)
Standard (unit/population)
Neighborhood parks
2 acres/1,000
Community parks
2 acres/1,000
Beaches
1 mile/31,250
Golf courses
9 holes/30,000
Tennis
1 court/2,500
Basketball
1 court/2,500
Baseball/softball
1 field/7,200
Football/soccer
1 field/4,800
Playground areas
1 acre/3,600
Beach access easements
1 per'/2 mile of developed or redeveloped beach
frontage
(h) — (n) [These subsections shall remain in full force and effect as previously
enacted.]
Section 3: Chapter 66. Subdivisions. of the Code of Ordinances of the Village
of Tequesta is hereby amended at Article VI. Improvements. by amending and
renaming Section 66-334. Stormwater Management Practices Manual; Storm drainage
and stormwater management facilities. to authorize the creation of a Stormwater
Management Practices Manual to be adopted and amended by Resolution; providing
that Section 66-334 shall hereafter read as follows:
Sec. 66-334. Stormwater Manaaement Practices Manual: Storm drainage and
stormwater management facilities.
All develoament aroiects shall meet the reauirements of the "Villaae of Teauesta
Stormwater Management Practices Manual", attached to Resolution 06-22 as exhibit A,
as amended from time to time as necessary by resolution of the Villaae Council.
Stormwater management facilities, including curbs, gutters, piping, culverts, ditches,
swales, retention/detention ponds, weirs, control structures, etc., shall be provided
based on engineering calculations and design standards to ensure that all drainage
improvements and infrastructure are in conformance with all current state, county,
district and village requirements. Properly dedicated easements shall be provided for
drainage improvements and infrastructure. Such drainage improvements and
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Agenda Item #11.
infrastructure shall be subject to the issuance of permits and the performance of
inspections by the village.
Section 4: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article IX. Supplemental Regulations. Division 2. Site
Plan Review. by amending Section 78-331. Required; development standards; required
facilities and infrastructure. to update storm event definitions and require compliance
with the Stormwater Management Practices Manual; providing that Section 78-331 shall
hereafter read as follows:
Sec. 78-331. Required; development standards; required facilities and
infrastructure.
(a) — (g) [These subsections shall remain in full force and effect as previously
enacted.]
(h) All new development and/or redevelopment must provide the necessary
infrastructure to meet the following level of service standards. Each
application submitted pursuant to this section shall be required to provide a
certification from a licensed engineer in the state that the proposed
development and/or redevelopment meets or exceeds the level of service
standards for the listed infrastructure as follows:
(1) Traffic (roads and rights -of -way).
Roadway Type
(LOS)
Standard
(LOS) Peak
Collector*
C
D, *Except Country Club Drive and Seabrook Road
which are C
Urban minor
C
D
arterials
Principal arterials
C
D
(2) Sanitary sewer. A central wastewater level of service standard of 108
gallons per capita per day is hereby adopted, and shall be used as the basis
of estimating the availability of capacity and demand generated by a
proposed development project.
(3) Drainage. A public drainage facilities level of service standard of a 25- ear
frequency, 3-day '' eAr fFegWGR,,", ''''_"^„r duratiOR storm event, as defined
by the South Florida Water Management Districtis hereby adopted, and shall
be used as the basis of estimating the availability of capacity and demand
generated by a proposed development project. All development projects must
be in compliance with the requirements of the "Village of Teguesta
Stormwater Management Practices Manual", which has been adopted by
5
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Agenda Item #11.
resolution and may be amended from time to time * the Village Council.As a
(4) Potable water. The following potable water level of service standards are
hereby adopted and shall be used as the basis for estimating the availability
of facility capacity and demand generated by a proposed development
project:
a. Average day water consumption rate:
Residential 1175 gallons/capita/day
b. Maximum day water consumption (including irrigation):
Residential 1180 gallons/capita/day
Nonresidential* 13,030 gallons/acre/day
(5) Recreation level of service standards table.
Area/activity (unit/population)
Classification standard
Neighborhood parks
2 acres/1,000
Community parks
2 acres/1,000
Beaches
1 mile/31,250
Golf courses
9 holes/30,000
Tennis
1 court/2,500
Basketball
1 court/2,500
Baseball/softball
1 field/7,200
Football/soccer
1 field/4,800
Playground areas
1 acre/3,600
Beach access easements
1 per 1/2 mile of developed or
redeveloped beach frontage
(6) Fire flow requirements. All development and/or major redevelopment
must provide the necessary infrastructure improvements for fire
suppression, including adequate fire hydrant placement, to meet the
development's fire flow requirements in accordance with NFPA #1,
Uniform Fire Code, Florida edition.
(7) Pedestrian walkways. All development and/or major redevelopment
must provide a minimum five foot wide continuous path of travel for
pedestrians (sidewalks), except as otherwise provided by Village Code,
Chapter 66, Article VI. Sidewalks shall be parallel to all roadway surfaces
and be at least four feet from the edge of the roadway pavement. All
sidewalk improvements shall be installed and maintained by the adjacent
property owner. Location, set back, width and material shall be approved
by the village.
L9
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Agenda Item #11.
(i) — (q) [These subsections shall remain in full force and effect as previously
enacted.]
(r) Stormwater management facilities including curbs, gutters, piping, culverts,
ditches, etc., shall be provided based on engineering calculations and
design standards to ensure that all drainage improvements are in
conformance with the requirements of the "Village of Tequesta Stormwater
Management Practices Manual", which has been adopted by resolution and
may be amended from time to time by the Village Council��tnr_ 74, a;tiGle
Section 5: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article X. Off -Street and On -Street Parking and Loading
Regulations. by amending Section 78-693. Paving of parking spaces; obstructions in
parking area. to make reference to pervious or impervious surfaces; providing that
Section 78-693 shall hereafter read as follows:
Sec. 78-693. Paving of parking spaces; obstructions in parking area.
Where parking space is provided in open areas adjacent to or beneath any
building, structure or portion thereof, such parking spaces shall be paved with asphalt,
concrete (pervious or impervious), paver block (pervious or impervious) or similar
surface. Parking in grass, or on gravel, or other non -living landscape
material in any zoning district is prohibited. It shall be unlawful for the owners or
occupants of such building or structure to place on such parking area any furniture or
other property that will obstruct or hinder the free use of such parking area.
Section 6: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article XII. Flood Damage Prevention. Division 3. Flood
Resistant Development. Subdivision 2 — Subdivisions. by amending Section 78-835.
Minimum Requirements. to require compliance with the Stormwater Management
Practices Manual; providing that Section 78-835 shall hereafter read as follows:
Sec. 78-835. Minimum requirements.
Subdivision proposals shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and
will be reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric,
communications, and water systems are located and constructed to
minimize or eliminate flood damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards and to
prevent adverse impacts to adjacent properties from storm water runoff. In
Zones AH and AO, adequate drainage paths shall be provided to guide
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Agenda Item #11.
floodwaters around and away from proposed structures. All structures
exceeding one story in height shall be required to incorporate gutters and
downspouts to collect and direct runoff to ground level, or below ground
level if discharge to a below grade structure, canal or lake is possible; and.
(4) The requirements of the "Village of Teguesta Stormwater Management
Practices Manual", which has been adopted by resolution and may be
amended from time to time by the Village Council, have been met.
Section 7: Each and every other section and subsection of Chapter 62.
Planning and Development, Chapter 66. Subdivisions, and Chapter 78. Zoning. shall
remain in full force and effect as previously adopted.
Section 8: All Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby repealed.
Section 9: Should any Section or provision of this Ordinance or any portion
thereof, any paragraph, sentence or word be declared by a Court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder of
this Ordinance.
Section 10: Specific authority is hereby granted to codify this Ordinance.
Section 11: This Ordinance shall become effective immediately upon passage.
E
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