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HomeMy WebLinkAboutDocumentation_Regular_Tab 10A_8/23/1990VILLAGE OF TEQUESTA BUILDING DEPARTMENT Post Office Box 3273 • 3�7 Tequesta Drive Tequesta, Florida 33469-0273 • (407) 575-6220 FAX: (407) 575-6203 MEMORANDUM TO: Thomas G. Bradford, Village Manager FROM: Scott D. Ladd, Building Official DATE: July 16, 1990 SUBJECT: Proposed Water Protection and Conservation Ord. Tom, attached is a copy of proposed Ordinance No. 411 and Exhibit "A" thereof. Ordinance No. 411 sets forth certain water protection requirements by referencing the Villaqe of Tequesta Cross -Connection Control Manual (Exhibit "A") and also sets forth certain water conservation requirements that are the result of data obtained from several appropriate water resource agencies, i.e., the South Florida Water Management District, American National Standards Institute, American Society of Mechanical Engineers, and others. Ordinance No. 411 has been reviewed by the Village Attorney and approved for legal sufficiency. SDL: j ms cc: Tom Hall ORDINANCE NO. 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 APPLICABILITY THROUGHOUT THE TEQUESTA WATER SERVICE AREA; PROVIDING WATER PROTECTION AND CONSERVATION REQUIREMENTS AND STANDARDS; PROVIDING REQUIREMENTS FOR PLAN REVIEW, PERMITS AND INSPECTIONS BY THE VILLAGE OF TEQUESTA; PROVIDING REQUIREMENTS FOR FEES FOR PLAN REVIEW AND 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-51 as amended, require that local governments adopt comprehensive plans; and WHEREAS, these statutory provisions and rules require, in part, that local governments implement water protection and conservation policies and programs; and WHEREAS, the Village of Tequesta, Florida, has adopted a Comprehensive Development Plan, pursuant to these statutory provisions and rules and other authority; 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 exists or will exist concurrently with development to maintain 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. Section 2_ Purpose and Intent. The purpose of this, Ordinance is to protect and conserve the potable and -irrigation; water resources within the Village's water service area, and; further, it is the intent of the Village of Tequesta to; accomplish this purpose through the implementation of the! requirements and standards as set forth herein. Section 3. Applicability. a. Theih 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 to 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 newj construction and additions, alterations and/or remodeling that includes plumbing work and additions, alterations and/or l remodeling that is in excess of fifty percent (50%) of the assessed value of the structure shall be required to install 1 water conservation fixtures, devices and appliances as follows: II 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 Fee. One percent (1%) of Capital Improvement Charge (CIC) per Equivalent Residential Connection (ERC) payable at time of application along with two (2) sets of, construction drawings for the proposed new construction, addition, alteration or remodeling, indicating all new and/or modified plumbing systems and fixtures. b. Inspection Fee. Two percent (2%) of Capital Improvement Charge (CIC) per Equivalent Residential Connection (ERC) payable at time of application. C. Capital Improvement Charge (CIC). The Capital Improvement Charge (CIC) shall be as set forth in the Village) of Tequesta Water Department Rate Table and as may be amended 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 convyiction of such misdemeanor shall be fined not more than f ivelundred dollars ($500.00) or imprisoned for not more than six (6) months orl 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 for construction or renovation defined herein. page 2 i 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 Councilmember adoption. The Ordinance Councilmember put to a vote, the vote was as follows: FOR ADOPTION was was offered by who moved its seconded byl and upon being! AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of 1990. MAYOR OF TEQUESTA I I ATTEST: Village Clerk Joseph N. Capretta