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HomeMy WebLinkAboutDocumentation_Regular_Tab 10H_7/20/2000 I r.• joib,„ Attu e 4 CO 141{ MEMORANDUM TO:Joann Manganiello, Acting Village Manager FROM:Richard Diamond, Interim Assistant Village Manager DATE:July I I, 2000 SUBJECT: Petition for Exemption from the Village's Swale Policy; Agenda Item Attached is a petition originated by Mr.John Wysocki of 327 Leigh Road requesting that his neighborhood be excluded from the Village's stormwater swale policy. Mr. Wysocki is in the process of replacing the driveway at his residence. After removing the existing driveway, he discovered that the Village requires all new driveways to be swaled. That is, that the driveways must be sloped down six inches (measured from the elevation of the edge of the pavement of the adjacent road) between the property line and the road pavement. Mr. Wysocki feels that a swaled driveway will retain stormwater runoff(since grassed swales do not currently exist on either side of the driveway in front of his residence), and that the driveway will be aesthetically unpleasing since there are no other swaled driveways on his street Mr. Wysocki has also offered to reconstruct a swaled driveway at his cost when the Village constructs roadside drainage swales on his street sometime in the future. The Village Manager initially implemented the swale requirement as an administrative policy on April 13, 1998. It was subsequently approved by the Village Council as part of Resolution 2-98/99 on October 8,1998 (copy enclosed). The policy was developed as part of the National Pollution Discharge Elimination System (NPDES) program as a result of the 1987 amendments to the Clean Water Act This Act sets standards for the quality of stormwater runoff and requires that measures be taken to reduce pollution discharges to waters of the State. The introduction of grassed swales along roadways is intended to do more than attenuate flooding: they improve stormwater quality. Swales provide some treatment of the runoff before it is ultimately discharged to the surface waters by filtering particulates, taking-up of nutrients, and increasing groundwater recharge by reducing the velocity of and detaining the runoff. Currently the impervious road pavement conveys runoff in Mr. Wysocki's neighborhood. Without the grassed swales, the runoff picks up additional pollutants and receives little pre-treatment before being discharged. Therefore, even though there may not be any flooding in the area, the swales are necessary for water quality purposes. Mr. Wysocki had originally requested that he be granted a variance to the swale requirement Although the adopted policy contains no provision for granting variances, it allows the Stormwater Utility Coordinator to amend the depth requirement "...only for just cause." Josef Grusauskas, Utility Director, and Mayor Capretta, met with Mr. Wysocki at his residence to examine the driveway. Mr. Grusauskas found that the driveway could be swaled to a depth of 6" from the crown of the road rather than from the edge of pavement. This would still require the driveway to be swaled, but to a shallower depth. The Village Council may not grant exceptions or variances from the terms of the policy; however, the Council may amend the policy to eliminate specific areas of the village or it can eliminate the requirement for swaled driveways entirely. The Village Council denied a request similar to Mr. Wysocki's in August 1998 (See attached meeting minutes). Staff acknowledges the concerns expressed by Mr. Wysocki, but recommends that the swale policy remain as adopted and that no area of the village be excluded. Encl. Petition to the Council Members and Mayor of the Village of Tequesta, Florida Joseph Capretta, Mayor Village of Tequesta Elizabeth A. Schauer, Vice Mayor JUN 26 2000 Geraldine A. Genco, Council Member Village Manager's Office Basil E. Dalack, Council Member Sharon D. Walker, Council Member Joanne Manganiello,Acting Village Manager John C. Randolph, Village Attorney June, 2000 • We,the undersigned residents of Leigh Road and the surrounding streets, want the following petition to be put on record opposing the implementation of the swale program in our neighborhood. We are in agreement with the residents of 327 Leigh Road that the six inch swale being demanded for the reconstruction of their driveway is unnecessary. The current drainage system in our neighborhood has been effective since its implementation. Our neighborhood does not consist of waterfront property and does not affect any waterways nor has there been any record of standing stormwater, erosion, sedimentation, pollution,water quality problems or driving hazards after heavy rainfall or storms. We feel that being forced to implement a swale program at this time would not be beneficial to our properties. We understand the need for this ordinance to be enforced in areas that are experiencing these problems, however, our neighborhood has been in existence for over 30 years and the vegetation we have is mature and naturally absorbs and infilters the rainfall adequately. We have maintained our homesites over the course of their existence, and since there have been no complaints made regarding the issues meeting the criteria to implement such a program, we feel that it is an unnecessary burden for our residents to bear. If in the future there becomes a need for this program to be implemented, it should be done in a manner more properly planned to meet the challenges of aesthetics, safety, maintenance and effectiveness. We feel that our properties have effectively been able to process the rainfall with no adverse • effects and without the use of swales and respectfully request an exemption from the implementation swale program in our neighborhood. . ' t PETITIONER'S SIGNATURES Name ( ' nature) Address LO rc : 0,7 Le01f toili) tyzo 3 -2- 7 /e r / Pc)A ({ e -, ,7), ,--4-, ,,, 1-e-f 5k, k_nact d "i ac <-i,c -i g o a d \� - — 3� Jr ,e'D A Iltri;t-t v-7a7 0 trJ 4 1 310 X g-� 'err- eteiA 3 'E`ti Q, Q, 'm4, �V /,,,,,y- 3,) r ?9L ��. 'LP '- s,, , ilP11:14 d Aar-, , i Zf r"'" C j k I VA- -L 4 .-e-- -J-47(t- pAv (12i - s ri,c/- 7i1A-- 4 657;4 ter 1 f ��;-- #311 5n-x Ai A-v-e-- . L, .. , _44 3 /G Dz/y Addvwes � 33yi� opH , E. •'j. 3l cat **Se : .4 L6 533 bilL- left --7Y4611 if/frAVRP4 • 1)90 `/ ` Alc,. ,1z3 )°iNEv.uv ie a /ep, foltirt7 , oxtbery; --frinA - ,SA= _ . (ILI sor- . Of), Al - , 3 '' z' sa- D , or: it At-i`4- ,"i' ' 4,1 ,[7 -<-44'-"- --49-A1* it' _ Are- 36 4 r�!s A & TVVT-alp "S mc1,r3 t1.c, rem. er PETITIONER'S SIGNATURES Name (Signature) Address e r c ` „ S c •A n-b(�„ 3511 v✓\priz e d <(-et CC� r►l 191u2 V �C /„ I( // fir �/ 9lf - -� O24 t 3ro J22 The Village is to be divided into sections according to critical needs and priorities which will be based on the following criteria : mPublic Safety: Does the lack of swales cause hazardous driving during and after a storm event? • 2) Water Quality: • Does the system have any water quality treatment prior to discharge? 3) poet : Does the Village have the funds to rebuild the swales in its Stormwater Utility Fund? It 1. RESOLUTION NO.2-98/99 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, ADOPTING PROCEDURES REGARDING PROPOSED CONSTRUCTION ACTIVITIES WITHIN PUBLIC RIGHTS-OF-WAY AND ON VILLAGE OWNED PROPERTY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Village has established procedures regarding proposed construction activities within public rights-of-way and on Village owned property, which procedures are intended to provide for the safe and orderly use and development of the public rights-of-way, easements, and private roads within the Village and to see that the public's best interests are to be served; WHEREAS,the Village established said procedures as Administrative Policy 1-95/96 on February 12, 1996; and WHEREAS, these procedures are to be adopted by Resolution of the Village Council. NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA AS FOLLOWS: • Section 1. The Village of Tequesta Right-of-Way Procedures attached hereto as Exhibit 1, and incorporated herein by reference, are hereby adopted. Section 2. The Village of Tequesta Right-of-Way Procedures may be revised from time to time by Resolution of the Village Council. Section 3. The Village of Tequesta Right-of-Way Procedures are available to all interested parties at the reproduction cost to the Village. Section 4. This Resolution shall become effective immediately upon passage. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Mackail who moved its adoption. The motion was seconded by Councilmember Cap r et t a , and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Alexander W. Cameron Joseph N. Capretta Carl C. Hansen Ron T. Mackail The Mayor thereupon declared the Resolution duly passed and adopted this 8th day of October,A.D., 1998. MAYOR OF TEQUESTA 0,6 4).'` _Elizabeth A. Schauer ATTEST: Joa�Manganiel Village Clerk WP80Utesolution 2-98 99 • Exhibit"1" VILLAGE OF TEQUESTA RIGHT-OF-WAY PROCEDURES Procedure regarding proposed construction activities within public right-of-way and on Village of Tequesta owned property. The Department of Community Development shall oversee the administration of these procedures and/or requirements. The Water System Manager shall ensure that the Tequesta Water Department complies with all provisions of this policy All proposed construction activity, excluding Village installed signage, shall be by permit, including, but not limited to, new infrastructure/utility installation, alterations and/or repairs to existing infrastructure/utilities, and/or other construction activities that are proposed to be constructed, altered and/or repaired and/or the installation and/or replacement of trees, shrubs, signs, mailboxes, planters, ornamental decorations, etc. within Village public rights-of-way and/or upon Village owned property shall be subject to Village ordinances, rules standards, policies and procedures and/or requirements as follows: o Pursuant to Village of Tequesta Ordinance 209 - any proposed new sewerage system shall require the prior approval of the Village Council. Approval by the Village does not absolve applicant from requirements appearing below. o Pre-Application Meeting - a pre-application meeting may be required if it is determined that the proposed project must receive DRC review. If it is determined that a DRC review is required then the DRC application and review process must be followed. o Pre-Construction Meeting Required - prior to any public agency, franchise utility and/or service provider, contractor, sub-contractor or individual performing any work within a public right-of-way and/or on Village owned property, a pre-construction meeting may be required to be held with all affected parties. It shall be the responsibility of the contractor or entity seeking to perform said construction activities (work) to contact the Department of Community Development to determine if a meeting is required and to schedule the pre-construction meeting and to coordinate same with the Department of Community Development. o Construction Plans and Specifications Required - it shall be the responsibility of an applicant proposing to work within a public right-of-way and/or upon Village owned property to submit to the Department of Community Development prior to permitting, five (5) sets of all construction/infrastructure plans, drawings, engineering specifications and construction specifications as may be applicable for the work being proposed. o Licensed Contractors and/or Sub-Contractors Required - it shall be the responsibility of an applicant proposing to work within a public right-of-way and/or r Page 2 R-O-W Procedures upon Village owned property to hire properly licensed contractors, sub-contractors, companies and/or individuals to perform said work. o Permits Required - permits are required for all proposed work by contractors, sub-contractors, companies, utility companies, and/or individuals with the exception of Village installed signage. Permit applications are available at the Department of Community Development. o Franchised utility companies may utilize properly trained and/or certified in-house staff or personnel to perform work within public rights-of-way if not precluded from doing so by a federal, state, county or local requirement or regulation. This does not relieve the entity from the review, approval and permitting process. o Notice to Proceed Required - no construction work and/or activity shall commence within public rights-of-way until a "Notice to Proceed" has been issued by the Director of Public Works. If the work is of a valid emergency nature(i.e. a life, health and/or safety concern), the Director of Public Works shall be notified by phone or, in his absence, notify the Director of Community Development. Permission to proceed with • the emergency work will be granted subject to all other requirements being complied with during or immediately following the emergency work. o Emergency Work Procedures - °Emergency work may proceed immediately °Proper notification as stated above shall be required °Proper construction and safety measures shall be followed at all times during construction °Permit shall be applied for in a timely manner following emergency work. o Notification of Affected Property Owners - concurrent with the issuance of a "Notice to Proceed" by the Director of Public Works, the Public Works/Recreation Department shall provide written notification to the residents in the area of the Village that are affected by the proposed work to be performed within a public right-of-way. o Inspections Required - right-of-way construction activity will be permitted and inspected by the Building Department utilizing appropriate staff at the direction of the Building Official. Twenty-four hour notice is required prior to work commencing in order to alert village officials of this pending work. (Emergencies will be handled in an expedited manner.) Deviations, amendments, etc. must be supported by written documentation from permittee and subsequently approved by Village staff The 1 Page 3 R-O-W Procedures minimum inspections required shall be as set forth on the Department of Community Development Inspection List. o Conditions to the Permit - conditions of the construction activity falling within the purview of the Department of Public Works and the Tequesta Stormwater utility shall be provided by the Director of Public Works to the Building Official for inclusion with the appropriate permits. If a DRC process was instituted with this construction activity, then each DRC member shall provide any conditions as a result of their respective departments purview of this construction activity. o Standard Conditions (list) - Conditions shall include, but not be limited to, the following: 1. Road/pavement cuts are prohibited. 2. Cleanliness during construction activities and clean-up upon completion are requirements/conditions of the permit. 4111, 3. Appropriate provisions for signage that warns vehicular traffic of construction activities within the public right-of-way shall be required. All signage, must at a minimum, meet current DOT specifications. 4. Appropriate provision for barricades shall be required in order to protect and properly detour pedestrian and vehicular traffic. 5. Tests and testing - soil, sub-base and base compaction/density tests shall be required in order to assure proper compaction under all roadway, paving, sidewalk and/or pathway areas affected by the construction work per DOT specifications. 6. Test results shall be provided to the Department of Community Development prior to the pouring of any concrete and/or laying of any asphaltic surface. 7. Video taping and/or still photography must occur prior to work starting in order to document existing conditions per direction of the Director of Public Works. 8. A Maintenance of Traffic (MOT) plan must be submitted by the contractor at time of permit application. The Department of Community Development shall submit a copy to the Police and Fire Departments. 9. All traffic control devices must comply with the U.S. Department of Transportation Traffic Control Manual. Use of flagpersons with DOT type approved vest and flag shall be required by the Village. 1 Page 4 R-O-W Procedures 10. Orange traffic safety cones are required in front and rear of all vehicles and/or equipment parked in right-of-way. 11. All de-watering permit applicants be advised that no water is to be pumped directly onto the street. It must be done in a closed conduit or flexible hose to the nearest catch basin or sufficient retention area. The Director of Public Works, or his designee, must be on the site when the pump is started. All de-watering pumps must be sufficiently muffled to comply with applicable noise regulations. 12. All sewer permit applicants, be advised that the sewer lateral tie-in and/or clean-out must be inspected before the pipe is covered. 13. All lift stations and similar structures within either easements or the right-of-way shall be screened with landscaping as approved by the Village of Tequesta Community Appearance Board and a permit shall be required for the landscape work. 14. Other conditions as may be required as a result of a DRC review. /40 15. Issuance of Right-of-Way permits do not relieve the applicant from obtaining necessary Building Department permits. o When proposed work is contemplated under a paved roadway or driveway, jack and bore techniques shall be utilized by all utilities, franchises, contractors and entities. o When it is determined that jack and bore techniques are impractical, the permittee shall provide written notice to the public works director requesting a waiver to the jack and bore requirements. The public works director shall provide written response to said request. o Whenever road cuts are permitted pursuant to this policy, the utility or the utility's contractor shall contact the Building Department for inspections of the work at appropriate intervals for compliance with Village standards and requirements regarding the same with particular emphasis on construction review for proper compaction. Village standards and requirements regarding road cuts, patching and/or paving shall be equal to or exceed FDOT standards regarding the same. o Whenever road cuts are permitted, one lane of paved vehicular traffic will be maintained at all times. Exceptions will be allowed in justifiable pre-approved circumstances at the discretion of the Director of Public Works. t Page 5 R-O-W Procedures o Right-of-Way activity of any significance, in the opinion of the Director of Public Works, shall require the written notification of all affected adjacent property owners of the forthcoming right-of-way disturbance. The Director of Public Works shall be responsible for insuring compliance with this policy provision. Utility companies and/or contractors may be required to make said notification in an acceptable manner. o All utilities desiring to work within Village rights-of-way shall be required to return the right-of-way and any improvements located therein to the condition which existed prior to the undertaking of the said activity. o Procedure for Approving Usage of Public Right-of-Way for Structures and Signs - whenever a party proposes to use the public right-of-way for placement of a permanent structure or sign, or temporary signage for an extended period of time, consideration of same shall be subject to review by the Village Council. The party shall submit a hold harmless agreement in a form acceptable to the Village Council indemnifying the Village, along with a sketch or site plan indicating the proposed use of the right-of-way. The application shall be made prior to any application for a variance from the Board of Adjustment or review by the Community Appearance Board as may be applicable. Approval by the Village Council of the agreement may be conditional, requiring variance approvals and site plan approvals prior to execution of the agreement by the Village Manager. o Village Swale Policy Procedures- See attached Exhibit "A". EXHIBIT "A" , ►� -t VILLAGE OF TEQUESTA f I , � Post Office Box 3273 •250 Tequesta Drive•Suite 300 Gn �� Tequesta, Florida 33469-0273 • (561) 575-6200 Fax (561)575-6203 POLICY NO. 3-97/9 8 April 13, 1998 APPROVED: �-i ). 045.7 Thomas G. Bradford, Vi age Manager TITLE: Interim Village Swale Policy OBJECTIVE: To provide clearly understood procedures for developing and maintaining Village swales, establishing a communications program to citizens and contractors regarding . the Village' s Swale Policy and establishing responsibility for the same until such time as the Village Council adopts by Ordinance, right-of-way procedures that address Village procedures for administration of swales within the Village. RESPONSIBILITY: The Director of Public Works & Recreation or his designee is responsible for the implementation of this Policy throughout the 111 Village. The Director of Community Development is responsible for ensuring compliance with this Policy through permitting and other means, throughout the Village. The Director of Public Works & Recreation and the Director of Community Development are required to establish and maintain ongoing communication relative to the implementation and compliance procedures associated with this Policy. PROCEDURE: INTERIM VILLAGE SWALE POLICY: A. Definitions 1 . Swale: That land area typically between the property line or sidewalk/bike path and the edge of roadway pavement having gently sloping sides that are wider than deep, vegetated to prevent the slopes from eroding, created for the purpose of collecting stormwater and helping filter pollutants from rainstorm runoff from roads, driveways, parking lots, and other hard surfaces . Recycled Paper B. General Application Existing swales along the roadways within the Village shall from time to time be recut to approximate the original design section of the plans . This recutting is necessary to alleviate roadway flooding, increase water retention and percolation, replenish the aquifer, prevent salt water intrusion, and provide water quality treatment prior to discharge in the receiving water body. The Village is to be divided into sections according to critical needs and priorities which will be based on the following criteria: 1) Public Safety: Does the lack of swales cause hazardous driving during and after a storm event? 2) Water Quality: Does the system have any water 410 quality treatment prior to discharge? 3) Cost : - Does the Village have the funds to rebuild the swales in its Stormwater Utility Fund? Priorities are to be established Village- wide based upon the above criteria, in written form, by the Stormwater Utility Coordinator by May 1, 1998 . Once priorities have been set, the reconstruction of swales will generally follow these rules and guidelines for non-curb and gutter sections. SWALE GUIDELINES 1) Swale depth will follow the original design plans. If the design plans do not adequately show the swale design, then the depth shall be -0.50' below the edge of pavement. -2- Only the Stormwater Utility Coordinator may amend such criteria in writing upon any applicable permit and only for just cause. 2) Swale width shall follow the design plans. If the design plans do not adequately show the swale width, then the width shall be no wider than the existing right-of-way. 3) Irrigation within the Village right- of-way shall be replaced at the expense of the Village if the swale work is being done by the Village or its agents or contractors. 4) Disturbed sodding within the construction area will be . replaced at the expense of the Village unless the permit indicates otherwise or the work being done is not being • done by the Village, its agents or contractors . 5) Due to the continuous maintenance • 41, problems and swale depths associated with pipes under driveways, such pipes shall not be allowed. 6) Curb and gutter type roadways will generally not be required to have swales unless the design plans call for them, in which case driveway pipes may be allowed. 7) Any modification of Village right- of-way for swale construction or maintenance shall be by permit, initiated through the Department of Community Development, and shall be in accordance with Village Ordinances, Rules, Standards, and Policies . This includes, but is not limited to, trees, shrubs, signs, mailboxes, planters, ornamental decorations, etc. (excluding Village installed signage) . -3- C. Driveway Construction Driveways to be reconstructed within the Village must go through the permitting process at the Department of Community Development. To ensure that the Village Interim Swale Policy is complied with, the Coordinator of Stormwater Utilities must sign-off on all driveway permits prior to issuance, or permit shall be deemed invalid. Driveways proposed within swales shall conform to the Swale Guidelines as set forth hereinabove in anticipation of swales being provided by the Village in the right-of-way in the area the driveway is being proposed for construction. All costs associated with the reconstruction of the driveway shall be at the owner' s expense including, but not limited to, pavement restoration, sodding, irrigation, and swale reconstruction. The property owner or his agent or contractor shall not be required to construct a swale in the remainder of the right-of-way fronting 410 the applicants property but may voluntarily do so if he/she chooses, in accordance with this Policy. It shall be the responsibility of the Department of Community Development to inspect each site at the appropriate time to ensure proper construction methods and permit compliance. PERMITS 1) Permits issued by the Department of Community Development for driveway reconstruction within the right-of- way shall have attached thereto a copy of the Village of Tequesta Swale Program Bulletin on Swales as a convenient means of distributing important public information, a copy of which is attached hereto as Exhibit "A" . -4- 2) Driveway permits shall contain a statement advising applicants that driveways must be constructed to conform to the contours of existing swales or future swales in order to facilitate the goals and objectives of the Village Swale Program. 3) All driveway permits must be signed off by the Coordinator of Stormwater Utility prior to issuance. 4) To facilitate timely permit issuance, all completed permit applications immediately upon receipt shall be faxed by the Department of Community Development to the Coordinator of Stormwater Utility, followed by hard copy via interdepartmental mail, for review and sign-off. Upon Stormwater Utility Coordinator sign-off, permit shall be faxed to the Department of Community Development for permit issuance, followed by hard copy via interdepartmental mail . 410 5) Driveway permits shall contain drawing(s) graphically depicting the Swale Guidelines depth requirements to facilitate understanding of the requirements by the applicant. The graphic depiction(s) referenced herein shall be provided by the Stormwater Utility Coordinator to the Department of Community Development by April 10, 1998. All permits issued effective April 20, 1998 shall contain the graphic depiction(s) . TGB/krb c:\c6O\policy\swale98 -5- SYMMETRICAL ABOVE Varies CENTERLINE Varies SF�U8LDER + PAVEMENT10, ► I 6 12s\ 3412. mu TYPICAL SWALE CROSS SECTION SINGLE LANE ROADWAY VILLAGE COMPLIANCE PROGRAM • SWALE RECONSTRUCTION GUIDELINES Existing swales along the roadways within the • Swale depth shall ibllow the originaldesignVIN6AGE Village shall from time to time be reshaped to plans. If the design plans do not uately approximate the original design section of the show the swale design then the depth shall OF plans. This reshaping is necessary to be in be-0.50'below the edge of pavement - compliance with (NPDBS) permit as well as to • Swale width shall follow the design plans. If alleviate roadway flooding, increase water retention the plans do not adequately show the swale TEQUESerit. and percolation, replenish the aquifer, .prevent width then the width shall be no wider than saltwater intrusion and provide water quality the adding right-of-way. treatment prior to discharge into the receiving water • Irrigation within the Village right-of-way body shall be'replaced at the expense of the Village unleu •the , The Village will be divided into sections according otherwise. permit indicates V�G. .vi, G� to critical needs. Since the swale redevelopment is Disturbed sodding within the construction Pb �trr.•r IP not currently scheduled one should not look for any area will be replace at the expense of the � immediate reconstruction except on emergency Village unless the permit indicates ; , , '� 7► basis. r otherwise. tr ., , • Drive thym not be allowed to have pipes, • IMPLEMENTATION CRITERIA ,l /''� ; NI ��, ./r 'l'DRIVEWAYS p, . • Public Safety Does the lack of swales cause j�"� 1..''`'*+ arir driving hazards during and after a storm Curb and gutter type roadways will generally not be °j t;' O requiredevent? to have swales unless the design plans call - V . for them, in which case driveway pipes may be �� �`'' r�,:' • Qat: Does the Village have the Rinds to allowed. rebuild the swales in its Stormwater Utility • C Capital Funds Budget? Driveways to be reconstructed within the Village • must go through .the permitting process at the • Watt;Oualily: Does this system have water Department of Community Development and treatment prior to discharge? Coordinator of Stormwater Utilities.. All costs associated With the reconstruction of the driveway , • shall be at the owners expense including but not limited to pavement restoration, sodding, irrigation,•and Swale reconstruction. PROGRAM �� ""--',3I WHY MANAGE RUNOFF? WHY ARE SWALES IMPORTANT? DO NOT MISUSE YOUR SWALE When land is converted from its natural state to Because swales are wider than they are deep, the • Doother uses, especially urban land uses such as rainwater is spread over a broader area. Thisgarden not pile debris ne,trash,leaves,thismbs or roads, homes, . and shopping centers, many slows the water and allows the runoff to inwales - addso impervious or paved surfaces are created. Rainfall temporarily pond. pollutants which can wash into can no longer soak into the ground. Instead it downstream waters. becomes storrnwater or runoff. Reducing the water's • Do not pave the Swale - this reduces speed allows the vegetation percolation of runoff. As land is developedto filter the rainwater and remove sediments, • Do not the volume, speed.of flow, heavy metals and hydrocarbons such as oil and parksoil vehicles runoff the swale- this and pollutant loading of runoff increases. To grease. compacts the so less soaks in. minimize downstream flooding and protect lives • Within 3' of the swale bottom obstructions and property, and to reduce pollution of water Pending of runoff in the swale allows the water to such as trees, shrubs, signs, mailboxes, bodies, stormwater management practices are used soak into the soil, helping to reduce the volume planters, ornamental decorations, etc. to retain,detain,and/or filter the runoff. and amount of pollutants. should not be allowed. The dual slo !' LET THE WATER POND gra ping sides of the swale make them WHAT IS A SWALET easier to maintain and vegetate. This decreases •erosion that causes sedimentation of streams, Runoff may temporarily pond in the swale lakes and wetlands. for 24 to 36 hours. Swabs are one of the most commonly used • Don't damage or remove swale blocks or stormwater practices. For many years they have Swale° blocks or raised driveway check dames. been used along rural highways and residential sometimes are used topromote • Don't increaseower driveway driveway vents. sizes. streets to convey runoff. Today.;''swabs notponding of runoff • Don't lower driveway culverts. only in the swale,especially when the swale has a steep • Don't complain when water convey stormwater but also help to treat runoff to slope. ponds in the reduceon pollutants, Swale blocks or check dams can be made Swale for 24 to 36 hours-of soil,wood,or concrete. mosquitoes won't breed until water ponds for 72 hours or Like ditches, swales collect stormwater from HOW CAN YOU REDUCE POLLUTED longer• roads, driveways, parking lots and other hard RUNOFF? surfaces. " ADD SWALES TO YOUR YARD Unlike ditches, swales are not d M T YOUR SWALE cop with straight • Waterfront property owners should build a sides. They have gently sloping'sides and are swale and berm system to intercept runoff wider then they are deep. Mow the 'wale but be carofiil not to and pollutants from their yard. damage swale blocks. • Swales can be used between lots and at the ' Remove and then compost leaves and grass rear of lots to inter Sept and retain runoff. They are vegetated to prevent the slopes from eroding and help filter pollutants during and • g Swales can be used on residential and after rainstorms. o�good!ems h ' commercial land uses to collect roof runoff.• Minimize use of fertilizers,pesticides, and herbicides. • Aerate soils to restore percolation rate. I—' VILLAGE COUNCIL FETING MINUTES August 27, 1998 PAGE 2 status of the Jupiter water case. Village Manager Thomas G. Bradford requested addition under NEW BUSINESS of item (E) - Ordinance - First Reading - Adopting 1996 E.A.R. Based Comprehensive Plan Amendment. Vice Mayor Hansen made a motion to approve the Agenda as amended. Councilmember Mackail seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted and the Agenda was approved as amended. IV. COMMUNICATIONS FROM CITIZENS (NON-AGENDA ITEMS) Dr. Gerald Stashick, 143 Point Circle, reported difficulties in communicating with Al Oslund, Stormwater Utility Director, who had not responded to his repeated telephone messages regarding his request to delay installation of a swale in his driveway until neighboring properties installed swales, which might be as long as five years. Dr. Stashick expressed his concern that a single swale would result in standing water which could carry potential health risks by attracting river rats and mosquitoes when rain continued for multiple days and there were no swales on either side to carry the water away. Dr. Stashick explained that he was appealing to the Village Council to be able to delay installation of his swale because of health, aesthetic, and practical reasons. Dr. Stashick expressed his opinion that it was not practical to hold 600 gallons of water on his property, and explained that he supported the swale program, but that his contractor had installed his driveway without the swale; he was willing to pay to have the swale installed at a later date; and the r— VILLAGE COUNCIL MEETING MINUTES August 27, 1998 PAGE 3 conversion could be accomplished easily because of the pavers which he had used as driveway material. Village Manager Bradford commented that Dr. Stashick' s contractor should have installed the swale, and Director of Community Development Scott D. Ladd commented that the contractor had failed to meet a condition of the permit and should fix the driveway at no cost to Dr. Stashick. Dr. Stashick explained the contractor had informed him about the swale when approximately 80% of the construction was finished, and if he had known earlier a graduated slope that would have been more aesthetically pleasing could have been used. Village Manager Bradford commented if the Village Council granted a waiver in this case every other person would want the same waiver; stated Dr. Stashick would not have standing water except in extreme storm events; and that Al Oslund was the party who should grant any exceptions. Vice Mayor Hansen commented that the Village had been forced into doing the swale program because it was an environmental procedure good for the river and reported he had seen swales eliminate water standing on the roadways and water should not stand in the swale but should go into the adjacent grass. Dr. Stashick asked for information where he could appeal and what permitting agency was requiring the Village to institute swales, to which Village Attorney Randolph responded that Al Oslund had information on agencies involved. Village Attorney Randolph stated he would try to help obtain that information. Village Manager Bradford explained that permitting agencies could not grant a waiver and that the Stormwater Utility and its policies were in compliance with the NPDES permitting program of the Federal Government. Councilman Mackail suggested a brochure with information presented in bulleted format be given out to residents to make people aware of the swale program. Councilmember Capretta suggested that Al Oslund should have met with Homeowners Associations in the area so that residents would understand this new program and impact would be minimized, and recommended that a letter be sent to all the Homeowners Associations. Councilmember Capretta questioned how this problem could be solved and commented that Dr. Stashick' s request was to comply when the rest of his neighbors put in VILLAGE COUNCIL DENTING MINUTES August 27, 1998 PAGE 4 their swales. Village Manager Bradford explained he had rejected Dr. Stashick's request because a lot of people would want the same consideration and recordable documents would be required; and stated that according to the outcome of the ENCON matter that it might be as short a time as six months before the neighboring properties were required to install swales. V. PRESENTATIONS AND PROCLAMATIONS A) Proclamation Declaring September as Literacy Month in the Village of Tequesta. Mayor Schauer read aloud a Proclamation declaring September Literacy Month in the Village of Tequesta. Motion was made by Councilmember Mackail to accept the Proclamation Declaring September as Literacy Month in the Village of Tequesta. The motion was seconded by Vice Mayor Hansen. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. VI. CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village Councilmember so requests, in which event, the item will be removed from the Consent Agenda of Business and considered in its normal sequence on the Agenda.