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HomeMy WebLinkAboutOrdinance_07-22_4/14/2022ORDINANCE 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 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: 2 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-year frequency. 3-day 25year frequeRGY, 24 hour 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 "Villaae 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 ande site shall maintain 95 nernent of all ctnrm�� Ater r, ,nnff en site. .m (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 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: 3 (1) Traffic (roads and rights -of -way). Roadway Type StaOndard (LOS) Peak Collector* C D, *Except Country Club Drive and Seabrook ;Road which are C Urban minor C D arterial Urban principal .arterial 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-year frequency. 3-d25 yeaF fFequeRGY, 24-hhow 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. As a QaneFardrina^e or.nh nrannsod C�11i (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: 4 Residential 1175 gallons/capita/days b. Maximum day water consumption (including irrigation): ....... _............................._..........................._..._...__....._._____.__............. Residential 180 gallons/capita/day .Nonresidential 3,030 gallons/acre/day! (5) Recreation. :Classification (Area/Activity) IStandard (unit/population) Neighborhood parks 2 acres/1,000 Community parks 2 acres/1,000 Beaches 1 mile/31,250 j _..__._...........___........._....... _._ Golf courses - ---- ......................... ............. ._....... .. _._.........____....__....______.._.._. _, 9 holes/30,000 Tennis 1 court/2,500 Basketball 11 court/2,500 `Baseball/softball 1 field/7,200 Football/soccer 1 field/4,800 ......................................__.__.... .Playground areas ................................................... 11 acre/3,600 Beach access easements � 1 per Y2 mile of developed or redeveloped beach j '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: 5 Sec. 66-334. Stormwater Management Practices Manual: Storm drainage and stormwater management facilities. All development projects shall meet the requirements of the "Village of Tequesta Stormwater Management Practices Manual", attached to Resolution 06-22 as exhibit A, as amended from time to time as necessary by resolution of the Village 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 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 Standard (LOS) Peak Collector* 'C �D, *Except Country Club Drive and Seabrook Road which are C (Urban minor C D `arterials Principal arterials IC 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-year frequency, 3-day 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 reauirements of the "Villaae of Teauesta 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 rJr�in�rro rani �irement eanh proposed nrejent and/or site rn act i maintain 95 nernent of all stermwater n innff nn_site (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: 7 Residential 175 gallons/capita/day b. Maximum day water consumption (including irrigation): ...................... _...... .............. Residential 1180 9 p allons/ca ita/da Y Nonresidential* 3,030 gallons/acre/day (5) Recreation level of service standards table. Area/activity (unit/population)Classification standard Neighborhood parks I acres/1,000 _�_........... _..__.____._.._____..___.................... ...... _. Community parks 2 acres/1,000 Beaches Golf courses Tennis Basketball Baseball/softball —.- _ _ .................. ............................ .............__ Football/soccer Playground areas Beach access easements 1 mile/31,250 9 holes/30,000 1 court/2,500 _........... _...................... _.... _. 1 court/2,500 _............._....................................__ 1 field/7,200 ............................................. . ..... 1 field/4,800 ......... _________-------- ____..... 1 acre/3,600 w...__.._.............................. _.... _.... _._.................. �.� 1 per '/z 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 IQ property owner. Location, set back, width and material shall be approved by the village. (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 Teguesta Stormwater Management Practices Manual" which has been adopted by resolution and may be amended from time to time by the Village Council ^hapter 74 aFtiGle INS 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 +mpewieus 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. E 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 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. 10 Section 10: Specific authority is hereby granted to codify this Ordinance. Section 11: This Ordinance shall become effective immediately upon passage. 11 ORDINANCE Date 07-22 04/14/2022 Upon Second Reading Motion Vice -Mayor Kyle Stone Second Council Member Laurie Brandon Mayor Molly Young Vice -Mayor Kyle Stone Council Member Laurie Brandon Council Member Frank D'Ambra Council Member Aaron Johnson FOR AGAINST ABSENT CONFLICT El E] M n n © n The Mayor thereupon declared the Ordinance duly passed and adopted. MAYOR OF TEQUESTA: Molly Young ATTEST: Lori McWilliams, MMC Village Clerk