Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 8C_8/9/1990k4l. 1NANCF,_flu. 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 TIIROUGHOUT 'I'IIF, TEQUESTA WATER SERVICE AREA; PROVIUIN(.; 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 PENALTIES; PROVIDING FOR SEVERABILITY; PROVVIDING FORRCODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Growth Mana gement Act of 1985, and governadop F.A.C.ule 9J-5, as amended, require thatmendedlocal t comprehensive plans; and WHEREAS, in part, that these statutory provisions and rules require, conservation local governments implement water protection and 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 Villaqe 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 Utility WHEREAS, Policy 1.5.2 of this same Potable Water Y Element requiter, that thi VfIlagn table lfah n permitting procedurA to 0nsurn 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 ofollows: f the Village of Tequesta, Palm Beach County, Florida, as Section and Title. This Ordinance shall be known as, may be cited as the "Water Protection Ordinance'• of the Village and Conservation of Tequesta, Florida. Sect 2. Purpose and Intent. The purpose of this Ordinance is to protect and conserve the potable and irrigation water resources within the further, Villags water service area, and it is e 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• The recitations Paragraphs above a set forth in the "whereas" findings of fact uponrwhichcthisrordinance isdby ibased. herein as I within b, All provisions of this Ordinance shall be effective the Village of Tequesta water service area including but I not limited to the Village of Tequesta, the Town of Jupiter, the Town of Jupiter Inlet Colony, unincorporated Palm Beach County and Martin County. I I effect C. This .Ordjnan�ev aIr,11 be l iberm lly conntrued to the purpose Bet forth herein. Sect Ion .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 Eackflow Prevention policy attached to this Ordinance as Exhibit "A1 and as fully as if sat forth herein. When a conf1Ir_t �xi�tr, l,et4+een a requirement set forth in the Village of Tequesta Cross Connection and Eackflow Prevention policy and the adopted Plumbina Code of an affected governmental agency, the more stringent requirement shall be adhered to. Section 5_._ Water Conservation Requirements. All new construction and additions, alterations and/or remodeling that includes plumbing work and additions, alterations and/or remodeling that is in excess of fifty percent (50%) assessed value of the structurof the e shall be required to install water conservation fixtures, devices and appliances as follows: a. Low -flush toilets. Toilets that use no more than 3.5 gallons of water peof flush, and meet the performance standard A112.19.211-1982 Institute (ANSI). the American National Standards b. Low -flow shower heads_no . Shower heads that allow more than 2.75 gallons per minute + 0.25 qpm at water pressures up to 80 pounds per square inch and meet NISI standard A112.18..1M-1979. C. Low -flow faucets. L,vator Allow no more than 2.75 g m + y and sink faucets that 0 80 psi and meet NISI standard A112518,1Ma1979ter pressures up to d. Moisture control mechanisms and s stems. The installation and use of soil moisture tensiometers , rain sensors, control systems or similar required on all irrigation systems. approveddevices shall be Section Plan Review and Inspection Fees. Fees shall be paid to the Village of Tequesta as follows: a. Plan Review Fee. One percent (1%) Improvement Charge (CIC) of Capital 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. Improvement Charge (CIC) Two percent (20) of Capital per Equivalent Residential Connection (ERC) payable at time of application. c• Capital Improvement C Imptovehary a (CIC>. fient Charge (CIC) shall t be as set The Capital Village of Tequesta Water Department Rate Table and as maythe be amended from time to time. Section 7. Penalties. Violations of Ordinance, the provisions of this after notice by a Village Official, shall constitute a misdemeanor. Any person upon conviction of such misdemeanor shall be fined not more than five -hundred dollars ($500.00) or imprisoned for not more than six (6) months or 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. / //1JfJI>oI)�* �/�>a y A/J� Anl ,d[Yrh� (rY�c LjfYC/�7 < page 2 Soctlon 9. e application If any provision of this invalidity Ordinance or thpplication thereof is held invalid, such shall not affect the other provisions applications of this Ordinance which can applicatbe giions, and to this severable. Oven effect or without the invalid provisions or end, the provisions of this Ordinance are hereby declared Section 9. codifie d- Codification. This Ordinance shall -be and made a part of the official Code of Ordinances of the Villaqe of Tequesta. Section 10. i Effective Date. This effect immediateOrdinance shall take by law. Y upon its passage and approval, as provided THE FOREGOING ORDINANCE Councilmember was offered by adoption. The Ordinance who moved its Councilmember was seconded b Put to a Vote, the vote waas fand ollows: upon being FOR ADOPTION AGAINST ADOPTION The Mayor thereupon ddeclared the Ordinance dui and adopted this ay of Y passed 1990. MAYOR OF TEQUESTA ATTEST: Village Clerk Joseph N. Capretta page 3 VILLAGE 0I"1'EQUES'1'A BUILDING DEPA t'1 MENT Post Office Box 3273 • 357 Teyuest<< Drive Teyuesta, Flori&i 33469-0273 • (407) 575-6220 FAX: (407) 575-6203 MEMORANDUM TO: FROM: DATE: SUBJECT: Thomas G. Bradford, Villaqe Manager Scott D. Ladd, Building Official D� July 16, 1990 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 Village 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 EXHIBIT "B" I. WATER CONSERVATION The following objectives and policies are to be included in the comprehensive plan: POLICY 1.4.7 The Village shall enhance its Computer Billing System by January 1, 1991 to assist in identifying water consumptive use by user classifications. POLICY 1.4.8 The Village shall collect data beginning January 1, 1991 to differentiate between residential and nonresidential uses. POLICY 1.4.9 The Village shall amend the potable water Level of Service standard to differentiate between residential and nonresidential use rates on or before January 1, 1992. OBJECTIVE 1.6.0 By October 1994, achieve an average potable water consumptive use of 175 gallons per capita per day (defined as the total amount of water used by all consumers in the Village divided by the Village's population) through the implementation of voluntary programs for existing development and mandatory programs for new development and redevelopment. POLICY 1.6.1 By July, 1991, the Village shall design and implement the following water conservation education programs: a. Conduct a water conservation workshop involving water use and irrigation specialists who will provide practical information on how to conserve water on a daily basis and how to efficiently operate irrigation systems. Such a program may be co -produced with the South Florida Water Management District and/or other coastal communities with high per capita water consumption rates. b. Provide irrigation experts at a reduced fee for individual consultations. C. Provide through the mail quarterly updates of water conservation goals, the success of on -going programs, and new water -saving techniques and strategies. Such updates should be coordinated with changes in season and recommend appropriate irrigation adjustments. d. The Village Utilities Department will have a knowledgeable employee who will be available for consultations on water conservation strategies that may be used in site development plans and in residential and non-residential buildings. POLICY 1.6.2 By July, 1991, the Village shall meet individually with all non-residential water users and the top 5% of residential water users to identify and agree upon the implementation of specific water reduction programs and goals which may include: a. The identification and use of alternative (non -potable) water sources, where available. b. Specific operational changes which will reduce the amount of water consumed in activities such as dish washing, building maintenance, and vehicle washing. C. Limiting the number of days, time of day and/or length of time in which irrigation systems are operated. d. Retrofitting existing systems such as shower heads, sink faucets, toilets, and wash basins with new water -saving devices. e. Retrofitting existing irrigation systems with water - saving devices such as drip lines, timers, and tensiometers. In all cases, expenditures made by the water consumer shall be reasonable in terms of the benefits received as measured by the actual amount of water saved, the dollar amount saved and the public recognition received. However, a cost benefit ratio of 1.0 shall not constitute the sole definition of reasonable. All consumers that are a part of this program shall receive quarterly updates on their progress toward the agreed upon goal. POLICY 1.6.3 The Village shall implement a water system leak detection program by 1992. Information from this program shall be used to prioritize projects to repair or replace system components where the most leakage is occurring. POLICY 1.6.4 By July 1, 1991, adopt and implement the following regulations which shall apply to new development and redevelopment: a. The use of xeriscape and native vegetation on a portion of development sites. b. The use of soil tensiometers or similar control mechanisms in all irrigation systems. C. The use of in -home water saving plumbing devises such as low volume shower heads and toilets. POLICY 1.6.5 If the water consumptive use has not been reduced to an average of 150 gallons per capita per day (defined as the total amount of water used by all consumers in the Village divided by the Village's population) by October 1994, the Village shall adopt and implement mandatory reduction programs within six months which will result in achieving the average potable water consumptive use of 150 gallons per capita per day (as defined above) by October, 1999. Mandatory programs to be considered by the Village include: a. An ordinance restricting the number of days, time of day and length of operation of all irrigation systems. b. An ordinance which establishes a maximum water allocation for each use such that those who consume more than the allocated amount shall be subject to fines. C. Adoption of an "inverted" rate structure such that the price of water increases proportionately with amount consumed. d. Adoption of water use restrictions on a permanent basis. POLICY 1.6.6 As part of the required five-year Evaluation and Appraisal Report (EAR) to be conducted in 1994, the Village shall specifically evaluate all on -going water conservation programs. POLICY 1.6.7 The EAR shall identify all on -going water conservation programs and evaluate them for their effectiveness in achieving the conservation goals and objectives established by this plan. POLICY 1.6.8 The EAR shall include a review of additional water conservation techniques that are potentially applicable to the Village and recommend adoption of those deemed appropriate. POLICY 1.6.9 The EAR shall include an analysis of water consumption rates found in other communities in Florida and compare them with those found in Tequesta. Significant differences shall be analyzed to determine if additional conservation measures should be implemented in Tequesta. POLICY 1.6.10 The EAR shall recommend a new water reduction schedule for the following five year and ten year period. II. CONSISTENCY WITH THE REGIONAL PLAN A. Wetlands, Mangrove and Seagrass Protection. The following objectives and policies are to be included in the comprehensive plan: OBJECTIVE Tequesta will protect and conserve mangroves, wetlands and seagrasses to ensure that there will be no net loss of the existing natural resources within the Village. POLICY 1 Mangrove, wetlands and seagrasses areas within the Village shall be deemed environmentally sensitive, in recognition of their many natural functions and values, and, to further the public interest, shall be protected from incompatible land uses. The Village shall afford protection to all these resources regardless of size. POLICY 2 The definition of mangroves and wetlands to be used for regulatory purposes by the Village shall be the most comprehensive definition of the definitions of wetlands used by the South Florida Water Management District, the Florida Department of Environmental Regulation and the U.S. Army Corps of Engineers. Representatives of these agencies will be contacted for assistance in identifying the location of all wetland areas within the Village. POLICY 3 The location of mangrove and wetland areas shall be identified by survey at the time of site development review on a site -by -site basis. The Village shall not issue a development order or permit for a parcel until all wetland areas on that parcel or immediately adjacent to the proposed development have been identified and located. POLICY 4 No development, including residential development, shall be permitted within mangrove or other wetland areas unless project alternatives that would avoid mangrove and wetland impacts are unavailable and mitigation is provided by the applicant to offset adverse impacts. For purposes of this policy, sufficient mitigation is as required by Florida Administrative Code Rules 17- 312.300 through 17-312.390. It is intended that all standards in these citations are to apply to all new development and redevelopment and that any exemptions or exceptions in these citations, including project size thresholds, are not applicable. POLICY 5 The Village shall permit within mangrove, seagrass and wetland areas: elevated piers, docks, and walkways of no more than five feet in width, unless vehicular access in the form of a golf cart or similar vehicle is necessary, in conjunction with a permit from the Florida Department of Environmental Regulation, pursuant to Chapter 17-27, F.A.C. POLICY 6 Within mangrove, seagrass and wetland areas, all piers, docks and walkways shall be constructed on pilings. POLICY 7 No pier, dock or walkway shall be located on submerged land which is vegetated with seagrasses except as is necessary to reach waters at a depth of one foot below the lowest point in a boat including the motor for docking facilities. The docking terminus shall not be located over a seagrass bed. POLICY 8 Bulkheads and seawalls shall be permitted only to stabilize disturbed shorelines or to replace deteriorated existing bulkheads and seawalls. Rip rap shall be placed at the toe of all replaced bulkheads and seawalls. POLICY 9 No dredging or filling shall be permitted within mangrove and wetland areas or on seagrass beds in the Village unless project alternatives that would avoid mangrove, wetland and seagrass impacts are unavailable and sufficient mitigation is provided by the applicant to offset adverse impacts. For purposes of this policy, sufficient mitigation is as required by Florida Administrative Code Rules 17-312.300 through 17-312.390. It is intended that all standards in these citations are to apply to all new development and redevelopment and that any exemptions or exceptions in these citations, including project size thresholds, are not applicable. POLICY 10 Drainfields for septic tanks shall not be permitted in mangrove and wetlands areas. POLICY 11 Graywater discharge shall not be permitted in mangrove and wetlands areas except as may be required by ENCON and as permitted pursuant to Fla. Admin. Code ch. 17-610 and 17-611. POLICY 12 A buffer zone of native upland edge vegetation around mangrove and wetland areas and along the shoreline is required in order to protect the wetland and shoreline areas from the impacts, including stormwater runoff, of adjacent development. The buffer zone shall consist of preserved native vegetation, including canopy, understory and ground cover. If there is no native vegetation on the site, a planted vegetative buffer shall be required. The buffer zone shall begin at the upland limit of any mangrove or wetland area, including the transitional vegetation zone, and shall be no less than twenty-five (25) feet in width at any point unless otherwise not achievable due to platting, right of way easements, utility easements or access easements existing at the time of adoption of this comprehensive plan. POLICY 13 Alteration of mangrove and wetland areas by chemical defoliants shall not be permitted. Any mangrove or wetland area which serves as an active nesting site or as a nesting or breeding area for a colony of birds shall not be altered. B. Sea Turtles Include the following policy: Policy: The Village shall adopt by January 1991, a sea turtle protection ordinance which includes, but is not limited to the following: (a) the prohibition of horseback riding and campfires on or seaward of the primary dune during sea turtle nesting season, and extending to all areas landward of the primary dune where sea turtles are known to nest; (b) the prohibition of disturbing, touching, harassing, killing or taking of any sea turtle, hatchling, egg or part of same; (c) the submission of a Sea Turtle Protection Plan for Tequesta's approval, in consultation with the Florida Department of Natural Resources, for any development that involves coastal construction; (d) standards for coastal construction to eliminate or minimize impacts on sea turtles, their nests and eggs; (e) prohibition of off -road vehicles during the nesting and hatching season; (f) standards for site development that protect sea turtles; (g) restrictions and standards on nighttime lighting for both new and existing development and additional restrictions during nesting season; (h) standards for existing beach access points; (i) standards for beach and dune preservation, stabilization or restoration, as appropriate, and standards for mechanical beach cleaning so that sea turtle nesting is not disturbed, and (j) provides for enforcement (k) provisions (a) (b) and (e) shall apply as policies of this plan prior to adoption of the ordinance. C. Manatees The following policies are to be added: Policy: By 1991, the Village shall request the assistance of Palm Beach County, the municipalities and the marina industry to develop and participate in a manatee protection program which: (a) requires operators of new and existing marinas and boat ramps establish and maintain a permanent manatee educational display at a prominate location at these facilities. Information to be provided or displayed would include regulations protecting manatees and exiting slow speed or idle zones as well as additional information available from the Florida Department of Natural Resources and U.S. Fish and Wildlife Service. The Village shall establish and maintain a display at public boat launch facilities; (b) requires those involved in the sale of boats and motors to provide manatee information to the buyer at the time of delivery of boats or motors; and (c) ensures that prospective renters, lessees or owners of slips be prohibited from using the facility if they are found in violation of marine laws which are intended to protect manatees. Policy: By January 1991, the Village shall adopt a manatee protection ordinance which, at a minimum: (a) designates the waters in and around marina and boat ramps as a no wake or idle speed zone; (b) designates slow speed zones where manatees feed or congregate; (c) prohibits the touching, harassing, harming or killing of manatees; (d) requires, as a condition of approval for all new or expanding marinas and boat ramps, a manatee protection program to be implemented at these facilities; (e) provides standards for locating boating facilities where there will be no detrimental impact on the manatees; (f) requires the Village to submit all requests for development orders for new or expanding boating facilities (including boat ramps and more than one slip or docking facility per 100 feet of shoreline) to the U.S. Fish and Wildlife Service and the Florida Department of Natural Resources for comment prior to approval. Any development proposal that is determined to cause probable harm to manatees shall not be approved. This policy shall not prohibit a waterfront lot from securing a single dock for that lot; (g) provides for the posting of manatee protection (awareness) and speed zone signs in manatee protection areas to advise boaters of the presence of manatees; (h) limits the use of motorized boats in the Loxahatchee River to those times of the year that manatees do not feed or congregate in the river; and (i) provides for local enforcement. (j) provisions (c), (d) and (f) shall apply as a policy of this plan prior to adoption of a manatee protection ordinance. D. Protection of Uplands The following objectives and policies are to be added: Objective: The Village shall implement measures to identify and protect native wildlife and their habitats, including state and federally protected plant and animal species (endangered, threatened and species of special concern), within proposed development sites and protect these natural resources from the impacts of development. Policy 1: Require the evaluation and proper management of native wildlife and vegetative communities including endangered, threatened, and species of special concern by requiring that all proposed development sites of 5 acres or more regardless of use be surveyed by an ecologist, biologist or other similar professional for the presence of state and federally protected plant and animal species. Criteria for site surveys shall be specified in the Village's land development regulations and are to be professionally accepted techniques for such surveys. Site surveys shall address the size and distribution of the native habitat, wildlife and listed species populations within a proposed development site, the feasibility and viability of on -site protection and management, whether the proposed development site includes a wildlife corridor and the feasibility of maintaining the wildlife corridor. The survey shall also address the appropriateness of mitigation to an acceptable offsite location in the event that onsite mitigation is shown to be ineffective. Protection of any wildlife and protected plant and animal species found on the site and their habitat will be required as part of the overall development plan submitted for development approval. Policy 2: The Village shall request the assistance of the U.S. Fish and Wildlife Service, the Florida Game and Fresh Water Fish Commission and the Florida Department of Natural Resources in the implementation of recovery programs for state and federally protected plant and animal species as part of the development plan for sites of 5 acres or more in size. Policy 3: For development on sites less than 5 acres, the Village's land development regulations shall require the retention and use of native vegetation on -site to fulfill part of the landscaping requirements; require the protection of specimen trees (specimen trees shall be defined as those trees which have a diameter at breast height (dbh) of twelve inches or more); require the use of tree protection barriers during the time heavy construction equipment is used on -site for landclearing and delivery of building materials; and, require site development design using such techniques as clustering and locating driveways and roadways on the least environmentally sensitive portion of the site. E. Upland Vegetation The following objectives and policies are to be added: Objective: The Village shall require the conservation and use of native plant species in the developed landscape and prohibit the spread of exotic nuisance species such as Australian pines, melaleuca and Brazilian pepper. Policy 1: The Village shall require the use of native plant species in the landscaping of new development projects and additions to existing projects and require the removal of exotic nuisance plants from the sites of new development. Policy 2: The Village shall maintain and distribute a recommended native plant list and other educational materials to increase public awareness of the need to utilize native plant species in the developed landscape and eliminate exotic nuisance plants from exiting developed areas. Policy 3: The Village shall require the conservation of specimen trees and existing native vegetation in new development projects and retain these trees in existing developments. Policy 4: The Village shall develop a program to plant native trees in public rights -of -way and other public lands, whenever practical, thereby adding to the Village's aesthetic appeal and providing habitat for urban wildlife. Policy 5: The Village shall develop programs on Village - owned or leased lands to eliminate exotic nuisance plant species. jaj\13153_1\tequesta.mis