HomeMy WebLinkAboutDocumentation_Workshop_Tab 02_9/29/2025 Agenda Item #2.
Workshop
STAFF MEMO x
Meeting: Workshop - Sep 29 2025
Staff Contact: Doug Chambers, Director of Public Department: Public Works
Works
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Discussion of Right-of-Way Ordinance Revisions and Additions
Staff has completed a comprehensive draft update to its ordinances governing rights-of-way (ROW),
swales, landscaping, driveways, and maintenance responsibilities. This process aligns multiple
chapters of the Village Code to create a single, consistent framework for permitting, maintenance,
enforcement, and planting standards.
Chapters Revised
• Chapter 30 —Vegetation
• Chapter 50 — Nuisances / Property Maintenance
• Chapter 66 — Streets, Sidewalks, and Other Public Places
• Chapter 70 — Driveways and Off-Street Parking
• Chapter 74 — Stormwater Management (Swale & ROW Design Standards)
• Chapter 78 — Zoning (Landscaping and Setbacks)
• Appendix A— Approved Plant List, Planting Rules, and Fee/Fine Schedule
Key Revisions
• Unified Standards — All chapters now reference the same swale and ROW design standards
(§74-181) and Appendix A.
• Approved Plant List — A consolidated list of allowable species with spacing requirements,
emphasizing Florida-Native and Florida-Friendly plants.
• Turf Grass Standards — Artificial turf is prohibited in ROW/swales. St. Augustine, Floratam, and
Bermuda are permitted; Bahia, Zoysia, and Seashore Paspalum are encouraged for
new/replacement sod.
• Clear Maintenance Rules — Adjacent property owners must maintain ROW landscaping,
irrigation, and swales.
• Consistent Enforcement — Penalties, fees, and liens standardized across all chapters; all
consolidated into Appendix A.
• Resident Support — New standalone Allowable Plant List handouts prepared for residents and
staff.
This unified ordinance update ensures the Code is consistent, enforceable, and resident-friendly,
while protecting Village infrastructure, drainage, and aesthetics.
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Agenda Item #2.
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BUDGET • •
BUDGET AMOUNT N/A AMOUNT AVAILABLE N/A EXPENDITURE AMOUNT: N/A
FUNDING SOURCES: N/A IS THIS A PIGGYBACK:
❑ Yes ❑x N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes ❑x N/A
COMMENTS/EXPLANATION ON SELECTIONThis is a workshop discussion only.
A Motion is not required at the Workshop
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Draft Ordinance Revisions v2
Draft Ordinances Before and After Comparision v2
Teguesta Allowable Plant List v2
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Agenda Item #2.
VILLAGE OF TEQUESTA
UNIFIED RIGHT-OF-WAY, SWALE, LANDSCAPING, DRIVEWAY & MAINTENANCE
ORDINANCE
ORDINANCE TEXT — PART A (Chs. 30 & 50)
CHAPTER 30 —VEGETATION
§30-31 Purpose and Intent
The purpose of this chapter is to promote the protection, proper installation, and
ongoing maintenance of vegetation within the Village of Tequesta, including vegetation
located in public rights-of-way (ROW) and swales, so as to preserve the public health,
safety, welfare, and aesthetic character of the Village.
§30-32 Definitions
For the purposes of this chapter, the following terms apply:
• ROW (Right-of-Way): Land dedicated for public use, including streets,
sidewalks, swales, drainage, and utility corridors.
• Swale: A shallow, sloped drainage conveyance located within the public ROW or
drainage easement.
• Plant List: The list of approved species and spacing requirements set out in
Appendix A of this ordinance.
§30-33 General Requirements
(a) Vegetation in the Village shall be installed and maintained so as not to interfere with
vehicular or pedestrian travel, visibility, drainage, or utilities.
(b) Plantings within public ROW or swales must comply with Appendix A.
(c) No planting or structure may block drainage or sight triangles at intersections.
§30-38 Tree Maintenance and Trimming (Amended)
(a) Property owners or occupants shall ensure that all trees and vegetation within the
public ROW adjacent to their property are regularly trimmed to maintain clear sightlines,
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prevent interference with sidewalks or roadways, and allow unimpeded drainage
through swales.
(b) Trimming shall follow visibility and height-clearance standards set forth in the Swale
& ROW Design Standards (§74-181).
(c) The Village may issue notices to correct violations or may remove obstructions at the
owner's expense if public safety or drainage is threatened.
§30-39 Planting in the Public Right-of-Way (Added)
(a) No person shall plant, relocate, or install any tree, shrub, or other vegetation within
the public ROW without first obtaining a permit from the Village.
(b) All permitted plantings must adhere to the approved Swale Plant List and spacing
requirements established in Appendix A and §74-181.
(c) Deep-rooted or invasive plants are prohibited within five (5) feet of the swale
centerline or within utility corridors.
(d) The Village may remove vegetation within the public ROW that interferes with public
infrastructure, access, stormwater flow, or safety; removal shall be at the discretion of
the Village and without compensation to the property owner.
§30-40 Enforcement (Added)
(a) Failure to maintain or improperly plant vegetation within the public ROW constitutes
a violation of this chapter.
(b) Violations are subject to enforcement under Chapter 50 and §74-181, including
fines, liens, or mandatory restoration.
(c) Appeals of enforcement actions must be filed with the Special Magistrate pursuant to
Village procedures.
CHAPTER 50 — NUISANCES / PROPERTY MAINTENANCE
§50-1 Purpose
The purpose of this chapter is to ensure that property and adjacent public areas are
maintained so as not to endanger public health, safety, or welfare.
§50-6 Maintenance of Right-of-Way Areas (Added)
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Agenda Item #2.
(a) Each property owner or occupant is responsible for maintaining the public ROW
immediately adjacent to their property, including:
• Mowing and edging grass;
• Removing trash, litter, and debris;
• Trimming and pruning vegetation to keep sightlines clear;
• Maintaining irrigation systems so they do not overspray onto roadways or
sidewalks.
(b) Swales shall remain unobstructed and vegetated in accordance with §74-181
and the plant list in Appendix A.
(c) Landscaping or vegetation that impedes visibility, blocks drainage, or
interferes with access may be removed by the Village without compensation.
§50-7 Violations and Penalties (Amended)
(a) Failure to maintain ROW areas or unauthorized modifications constitute a violation
of this chapter.
(b) Penalties include:
1. A civil fine of $150 per occurrence (or as set by resolution);
2. Payment of the Village's cost of removal, restoration, or correction;
3. Placement of a lien for unresolved violations.
(c) Enforcement shall follow Chapter 2 (Code Enforcement) procedures and the
Special Magistrate appeal process.
(d) Additional fees and costs are listed in Appendix A.
End of Part A (Chs. 30 & 50 — Clean Ordinance Text)
VILLAGE OF TEQUESTA
UNIFIED RIGHT-OF-WAY, SWALE, LANDSCAPING, DRIVEWAY & MAINTENANCE
ORDINANCE
ORDINANCE TEXT — PART B (Chs. 66 & 70)
CHAPTER 66 — STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES
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Agenda Item #2.
§66-131 General Provisions (Revised)
(a) The Village of Tequesta retains full ownership and regulatory authority over all public
rights-of-way (ROW), including swales, sidewalks, medians, drainage structures, and
utility corridors.
(b) Any landscaping, construction, excavation, driveway installation, irrigation, or
planting activity within the ROW requires a permit issued by the Village.
(c) Unauthorized work is subject to stop-work orders, civil penalties, restoration
mandates, and liens as provided in Appendix A.
§66-132 Right-of-Way Use and Restrictions (Amended)
(a) No person shall install or construct within the ROW any sidewalk, driveway
approach, landscape planting, irrigation, or other improvement without first obtaining a
ROW permit from the Utilities or Public Works Department.
(b) All sidewalk and approach-apron surfaces shall be concrete. Pavers are prohibited
in sidewalk or apron areas of the ROW unless no sidewalk exists or is planned, in which
case pavers may be allowed from private property to the pavement edge with written
approval from the Village.
(c) Landscaping or irrigation installed within the ROW must comply with the Swale &
ROW Design Standards (§74-181) and the approved plant list and spacing in Appendix
A.
(d) The Village may remove, without compensation, any obstruction or unpermitted work
within the ROW.
§66-133 Protection of Drainage Facilities (Added)
(a) No grading, fill, or alteration shall be permitted in swales or roadside ditches located
within the ROW except as authorized by permit.
(b) Driveway or walkway crossings shall preserve the flow capacity of the swale and
maintain design elevations.
(c) Culverts, if required, must meet Village specifications and be installed subject to
inspection.
§66-134 Irrigation in the ROW (Added)
(a) Irrigation systems located in the public ROW shall be designed and maintained so
that water does not spray onto pavements or sidewalks and does not cause erosion of
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swale slopes.
(b) Systems that interfere with stormwater flow or sightlines shall be relocated or
removed at the owner's expense.
§66-135 Enforcement and Violations (Added)
(a) Any violation of this chapter—including unpermitted work, obstruction of drainage, or
failure to maintain the ROW—shall be subject to the penalties described in Chapter 50
and Appendix A.
(b) Civil fines, cost recovery for removal/restoration, and liens may be imposed.
(c) Appeals shall be filed with the Village Special Magistrate in accordance with Code
Enforcement procedures.
CHAPTER 70 — DRIVEWAYS AND OFF-STREET PARKING
§70-1 Purpose
The purpose of this chapter is to regulate driveway design, construction, and
maintenance to ensure public safety, protect swale drainage, and preserve Village
rights-of-way.
§70-2 Definitions
For the purposes of this chapter, "driveway" means any vehicular access from private
property across a public ROW to a street or alley, including aprons, culverts, or swale
crossings.
§70-3 Driveway Construction Standards (Amended)
(a) All driveways constructed or reconstructed within the public ROW shall comply with
the Swale & ROW Design Standards (§74-181).
(b) Sidewalk and apron areas within the ROW shall be constructed of concrete only.
The use of pavers in these locations is prohibited.
(c) Where no sidewalk exists and none is planned, pavers may be permitted between
the private property line and pavement edge upon review and written approval by the
Village.
(d) Driveway slopes, widths, and drainage alignment must maintain swale function and
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meet Village stormwater specifications.
(e) Culverts, where required, must be sized and installed in accordance with Village
standards.
§70-4 Permit Required (Expanded)
(a) No person shall construct, modify, resurface, or expand a driveway in the public
ROW without first obtaining a ROW/driveway permit.
(b) Applications shall include plans demonstrating compliance with §74-181, the
approved plant list, and Village engineering standards.
(c) Work shall not commence until the permit has been issued.
§70-5 Inspections (Added)
All driveway installations or modifications within the ROW are subject to inspection by
the Village. Re-inspection fees may be assessed as set by separate resolution.
§70-6 Violations and Penalties (Amended)
(a) Any person who constructs or modifies a driveway within the public ROW without the
required permit is subject to:
1. A civil fine of$150 per violation (or amount set by resolution);
2. Reimbursement of the Village's costs for correction or removal;
3. Restoration of the ROW to its prior condition at the violator's expense.
(b) Continued non-compliance may result in liens and further Code Enforcement
action.
(c) Penalties, fees, and lien procedures are set forth in Appendix A.
End of Part B (Chs. 66 & 70 — Ordinance Text)
VILLAGE OF TEQUESTA
UNIFIED RIGHT-OF-WAY, SWALE, LANDSCAPING, DRIVEWAY & MAINTENANCE
ORDINANCE
ORDINANCE TEXT — PART C
(Amended Swale Policy & §74-181)
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Agenda Item #2.
ARTICLE IV— STORMWATER MANAGEMENT
§74-181 Swale & Right-of-Way Design Standards (Amended in Full)
(a) Purpose and Scope
This section establishes standards for the design, construction, planting, and
maintenance of swales and related stormwater conveyances located in the public right-
of-way (ROW) of the Village of Tequesta. The purpose of these standards is to protect
drainage function, ensure public safety, promote Florida-Friendly landscaping, and
preserve Village infrastructure.
(b) General Requirements
1. All swales within Village ROW shall remain open drainage conveyances unless
otherwise approved for enclosed pipe or bio-swale design.
2. Swales shall be graded to convey stormwater to approved outlets without erosion
or ponding, except where retention swales are designed by the Village Engineer.
3. Any work affecting swales or roadside ditches—including grading, culvert
installation, driveway crossings, or planting—requires a right-of-way permit.
4. Swale profiles, side slopes, and flow lines must conform to Village stormwater
specifications and approved construction drawings.
(c) Driveway Crossings and Culverts
1. Driveways shall not obstruct swale drainage. Crossings must maintain the flow
line and preserve required slope.
2. Culverts, when necessary, shall be reinforced concrete or approved equivalent,
with a minimum diameter as set by the Village Engineer (typically 12 inches or
larger).
3. End treatments (mitered ends, flared end sections) shall be used where required
for safety and erosion control.
(d) Planting Standards
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1. Only vegetation listed in Appendix A (Approved Plant List & Spacing) may be
installed within a swale or ROW.
2. Minimum spacing between plants is set out in Appendix A; no plant may be
installed closer than five (5) feet from the edge of pavement or flow line, nor
within twenty (20) feet of an intersection sight triangle.
3. Trees and shrubs are generally prohibited within swales; shallow-rooted species
may be approved in writing by the Village if they do not impede drainage or
sightlines and included in the Villages allowable plant list.
4. No FLEPPC-listed invasive plants shall be installed.
5. Artificial turf grass shall not be installed or maintained within Village swales or
public rights-of-way.
6. Natural sod/turf grasses, including St. Augustine, Floratam, and Bermuda, are
permitted within swales and ROW when installed and maintained in accordance
with Village standards.
7. The Village encourages the use of drought-tolerant alternatives such as Bahia,
Zoysia, and Seashore Paspalum for new or replacement sod installations in
order to reduce irrigation demand and improve stormwater drainage.
(e) Irrigation
Irrigation equipment in the ROW must be designed and adjusted to prevent overspray
onto roadways or sidewalks and may not disturb swale grades or cause erosion.
(f) Maintenance Responsibilities
1. Adjacent property owners shall keep swales free of litter, debris, sediment, and
overgrown vegetation, and shall maintain grades to allow drainage.
2. Approved groundcover shall be kept trimmed to a height not exceeding eighteen
(18) inches, except for ornamental grasses as permitted in Appendix A.
3. Irrigation and plantings must be kept in working order; dead or non-conforming
plants must be replaced.
(g) Permitting and Inspections
1. A right-of-way/swale permit is required for:
o Installation or replacement of plantings;
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o Reshaping or regrading a swale;
o Installing irrigation, culverts, or driveways.
2. Work must pass inspection by the Village prior to final approval. Re-inspection
fees may apply as provided in Appendix A.
(h) Violations and Enforcement
1. Failure to maintain a swale, obstruction of drainage, or unpermitted alterations
are violations of this Code.
2. Violations are subject to civil fines, cost recovery, and liens as set forth in
Appendix A and Chapter 50.
3. Appeals shall be heard by the Village Special Magistrate.
(i) Integration of Prior Policy
The provisions of the Village's Swale Utilization & ROW Permit Policy (Ord. 26-19) are
revised and incorporated into this section for clarity and consistency. All standards, lists,
and maintenance rules are now integrated into §74-181.
End of Part C (Amended Swale Policy & §74-181 — Ordinance Text)
VILLAGE OF TEQUESTA
UNIFIED RIGHT-OF-WAY, SWALE, LANDSCAPING, DRIVEWAY & MAINTENANCE
ORDINANCE
ORDINANCE TEXT — PART D
(Appendix A: Plant List, Spacing, Fees & Fines)
APPENDIX A—APPROVED PLANT LIST, SPACING, PERMITS, FEES & FINES
A.1 Approved Swale / ROW Plant List with Recommended Spacing
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Agenda Item #2.
# Botanical Name Common Name MatureHeight Placement Spacing/Installation
Dwarf Fakahatchee 18-24 in center-to-
1 Tripsacum floridanum Grass 18-24 in Mid-bank to bottom of Swale center
Andropogon
2 glomeratus Bushy Bluestem 24-36 in Mid to upper swale bank 24-30 in
3 Eragrostis spectabilis Purple Lovegrass 12-18 in Upper bank/dry shoulders 18 in
4 Muhlenbergia capillaris Muhly Grass 18-24 in Mid-bank/decorative rows 24-30 in
5 Tripsacum dactyloides Florida Gama Grass 24-36 in Lower bank/wet margins 30 in
6 Spartina bakeri Sand Cordqrass 24-30 in Mid-to lower-bank 30 in
7 Panicum hemitomon Maidencane 30-36 in Bottom/flood zones 30-36 in
8 Iris virginica Blue-flap Iris 12-18 in Swale bottom/wet spots 18 in
9 Mimosa stri,ilc I� osa Sunshine Mimosa 12-18 in Swale shoulders, flat zones 12-18 in
10 Coreopsis spp. Florida Tickseed 12-18 in Shoulders/borders 12-18 in
11 Canna flaccida Golden Canna 18-24 in Lower wet zones 18-24 in
12 Monarda punctata Spotted Beebalm 18-24 in Upper or mid bank 18-24 in
13 Asclepias perennis Swamp Milkweed 18-24 in Bottom/moist zones 18-24 in
14 Paspalum notatum Bahia Grass Sod 6-12 in General swale cover/ROW Solid sod
15 Zoysia japonica Zoysia Grass Sod 4-8 in ROW shoulders, medians Solid sod
16 Paspalum vaginatum Seashore Paspalum Coastal ROW, swales,6-12 in medians Solid sod
Stenotaphrum St. Augustine/ ROW&swales (standard
17 secundatum Floratam 6-12 in Florida sod) Solid sod
18 Cynodon dactylon Bermuda Grass Sod 4-8 in ROW&swales (standardSolid sod
Florida sod)
General Planting Rules
1. Maintain at least 5 ft setback from centerline of Swale. (top side of Swale)
2. Keep 20 ft clear sight triangle at intersections.
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Agenda Item #2.
3. Group plantings in staggered (triangular) pattern, not in solid rows across flow
line.
4. No planting directly in swale flow line unless species is flood-tolerant.
5. Mulch discouraged in high-flow areas;
6. Stone, rocks, gravel are not permitted in the right of way to include swales.
7. All species must be Florida-native or Florida-Friendly and included in the
approved Plant List -Appendix A; no invasive species allowed. (FLEPPC List)
8. Artificial turf grass is prohibited in all Village swales and rights-of-way.
9. Natural turf grasses, including St. Augustine, Floratam, and Bermuda, are
permitted in ROW and swales.
10.Alternative drought-tolerant species such as Bahia, Zoysia, and Seashore
Paspalum are recommended for new projects and replacements.
A.2 Permit, Inspection, Fee & Fine Schedule
(All dollar amounts to be set by separate Resolution; ordinance establishes
authority only.)
Category Item Section Amount Notes
Permits ROW/Swale work §66-132, Set by permit §74-181 resolution Required for any swale or ROW work
Permits Driveway permit §70-4 Set by Includes culvert review if needed
resolution
Landscape Set by
Permits installation permit §78-397 Required before planting in ROW
(ROW) resolution
Inspections ROW/Swale §74-181 Set by Includes initial and final inspection
inspection resolution
Inspections Driveway re- §70-5 Set by Applies if work fails initial inspection
inspection resolution
Civil penalty per §66-135, $150 default Applies to unpermitted work, obstruction, or
Violations violation §50-7 (may adjust) failure to maintain ROW, swales,
landscaping, or driveways
Violations
Restoration / §66-135, Actual cost + Village may recover full cost of correction or
removal/repair cost §50-7 admin fee restoration
Violations Liens §66-135, As incurred Lienable against property for unpaid fines or
§50-7 costs
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Agenda Item #2.
Adoption Note
This Appendix is part of the ordinance and may be updated by reference when the
Village adopts or amends the Fee Resolution or the approved Plant List.
End of Part D (Appendix A— Ordinance Text)
VILLAGE OF TEQUESTA
UNIFIED RIGHT-OF-WAY, SWALE, LANDSCAPING, DRIVEWAY & MAINTENANCE
ORDINANCE
ORDINANCE TEXT — PART E
(Chapter 78—Zoning Landscaping & Setbacks)
§78-395 Right-of-Way Landscaping (New)
(a) All landscaping located within Village-owned public rights-of-way (ROW), including
swales, medians, and sidewalk buffers, shall comply with the Swale & ROW Design
Standards (§74-181) and the approved species list in Appendix A.
(b) No trees or shrubs may be planted within five (5) feet of a swale centerline unless
shallow-rooted and specifically approved by the Village.
(c) Only Florida-native and Florida-Friendly species from the Village's approved Swale
Planting List (Appendix A) may be installed in the ROW. Invasive species listed by the
Florida Exotic Pest Plant Council (FLEPPC) are prohibited.
(d) Turf Grass Standards.
• Artificial turf grass shall not be installed or maintained within Village ROW,
including swales, medians, and sidewalk buffers.
• Natural turf grasses, including St. Augustine, Floratam, and Bermuda, are
permitted in ROW and swales when installed and maintained in accordance with
Village standards.
• The Village encourages the use of drought-tolerant alternatives such as Bahia,
Zoysia, and Seashore Paspalum for new or replacement sod installations.
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(e) Groundcover and plantings must not obstruct drainage or create ponding within
swales.
(f) The Village reserves the right to remove landscaping in the ROW that interferes with
public safety, utility access, or stormwater function, without compensation to the
property owner.
§78-396 Maintenance of Landscaping (Revised)
(a) The owner or occupant of any property adjacent to the ROW shall be responsible for
the maintenance of all landscaping within the ROW, including mowing, trimming,
irrigation upkeep, and replacement of dead or non-compliant vegetation.
(b) Maintenance shall ensure swales remain unobstructed and vegetated in accordance
with §74-181 and Appendix A.
(c) Failure to maintain may result in enforcement action, including fines and liens, under
Chapter 50.
§78-397 Compliance and Permits (New)
(a) A Village permit is required for the installation or modification of landscaping within
the ROW.
(b) All plans submitted for development approval must clearly delineate ROW
boundaries and identify proposed plantings consistent with Appendix A.
(c) Unauthorized landscaping may be removed by the Village at the owner's expense.
End of Part E (Chs 78 Zoning Landscape & Setbacks— Ordinance Text)
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Agenda Item #2.
VILLAGE OF TEQUESTA
BEFORE 4 AFTER COMPARISON
PART 1: CHAPTERS 30 &50
CHAPTER 30—VEGETATION
§30-31 Purpose
Before
The purpose of this chapter is to provide for the protection of trees and shrubs within the
Village of Tequesta to ensure safety, health, and aesthetic values.
After(Revised)
The purpose of this chapter is to promote the protection, proper installation, and ongoing
maintenance of vegetation within the Village of Tequesta, including vegetation located in
public rights-of-way(ROW) and swales, so as to preserve the public health, safety,welfare,
and aesthetic character of the Village.
§30-32 Definitions
Before
Definitions relating to vegetation, trees and shrubs.
After(Added)
• ROW(Right-of-Way): Land dedicated for public use, including streets, sidewalks,
swales, drainage, and utility corridors.
• Swale:A shallow, sloped drainage conveyance located within the public ROW or
drainage easement.
• Plant List:The list of approved species and spacing requirements set out in
Appendix of this ordinance.
Page 20 of 275
Agenda Item #2.
§30-33 General Requirements
Before
Plantings must comply with general Village standards and not block traffic.
After(Amended)
(a)Vegetation in the Village shall be installed and maintained so as not to interfere with
vehicular or pedestrian travel,visibility, drainage, or utilities.
(b) Plantings within public ROW or swales must complywith Appendix A.
(c) No planting or structure may block drainage or sight triangles at intersections.
§30-38 Tree Maintenance and Trimming
Before
Property owners are responsible for trimming trees to prevent blocking roadways.
After(Revised)
(a) Property owners or occupants shall ensure that all trees and vegetation within the
public ROW adjacent to their property are regularly trimmed to maintain clear sightlines,
prevent interference with sidewalks or roadways, and allow unimpeded drainage through
swales.
(b)Trimming shall follow visibility and height-clearance standards set forth in the Swale &
ROW Design Standards (§74-181).
(c)The Village may issue notices to correct violations or may remove obstructions at the
owner's expense if public safety or drainage is threatened.
§30-39 Planting in the Public Right-of-Way
(Added)
(a) No person shall plant, relocate, or install any tree, shrub, or other vegetation within the
public ROW without first obtaining a permit from the Village.
(b)All permitted plantings must adhere to the approved Swale Plant List and spacing
requirements established in Appendix A and §74-181.
(c) Deep-rooted or invasive plants are prohibited within five (5)feet of the swale centerline
or within utility corridors.
(d)The Village may remove vegetation within the public ROW that interferes with public
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Agenda Item #2.
infrastructure, access, stormwater flow, or safety; removal shall beat the discretion of the
Village and without compensation to the property owner.
§30-40 Enforcement
Before
Enforcement handled generally under nuisance code.
After(Added)
(a) Failure to maintain or improperly plant vegetation within the public ROW constitutes a
violation of this chapter.
(b)Violations are subject to enforcement under Chapter 50 and §74-181, including fines,
liens, or mandatory restoration.
(c)Appeals of enforcement actions must be filed with the Special Magistrate pursuant to
Village procedures.
CHAPTER 50-NUISANCES/ PROPERTY MAINTENANCE
§50-1 Purpose
Before
The purpose of this chapter is to protect the public from nuisances and ensure property
maintenance.
After(Revised)
The purpose of this chapter is to ensure that property and adjacent public areas are
maintained so as not to endanger public health, safety, or welfare.
§50-6 Maintenance of Right-of-Way Areas
Before
ROW maintenance obligations were handled by permit conditions or staff guidance.
After(Added)
(a) Each property owner or occupant is responsible for maintaining the public ROW
immediately adjacent to their property, including:
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Agenda Item #2.
• Mowing and edging grass;
• Removing trash, litter, and debris;
• Trimming and pruning vegetation to keep sightlines clear;
• Maintaining irrigation systems so they do not overspray onto roadways or sidewalks.
(b) Swales shall remain unobstructed and vegetated in accordance with §74-181
and the plant list in Appendix A.
(c) Landscaping or vegetation that impedes visibility, blocks drainage, or interferes
with access may be removed by the Village without compensation.
§50-7 Violations and Penalties
Before
Penalties were enforced under general Code Enforcement provisions; fines varied.
After(Amended)
(a) Failure to maintain ROW areas or unauthorized modifications constitute a violation of
this chapter.
(b) Penalties include:
1. A civil fine of$150 per occurrence (or as set by resolution);
2. Payment of the Village's cost of removal, restoration, or correction;
3. Placement of a lien for unresolved violations.
(c) Enforcement shall follow Chapter 2 (Code Enforcement) procedures and the
Special Magistrate appeal process.
(d)Additional fees and costs are listed in Appendix A.
End of Before 4 After Comparison— Part 1 (Chs. 30&50)
VILLAGE OF TEQUESTA
BEFORE 4 AFTER COMPARISON
PART 2: CHAPTERS 66 &70
CHAPTER 66—STREETS, SIDEWALKS&OTHER PUBLIC PLACES
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Agenda Item #2.
§66-131 General Provisions
Before
The Village retained general control of ROW, for permitting excavation or construction.
After(Revised)
(a)The Village of Tequesta retains full ownership and regulatory authority over all public
rights-of-way(ROW), including swales, sidewalks, medians, drainage structures, and utility
corridors.
(b)Any landscaping, construction, excavation, driveway installation, irrigation, or planting
activitywithin the ROW requires a permit issued by the Village.
(c) Unauthorized work is subject to stop-work orders, civil penalties, restoration mandates,
and liens as provided in Appendix A.
§66-132 Right-of-Way Use and Restrictions
Before
Permits required for street cuts, sidewalks, and driveways.
After(Amended)
(a) No person shall install or construct within the ROW any sidewalk, driveway approach,
landscape planting, irrigation, or other improvement without first obtaining a ROW permit
from the Utilities or Public Works Department.
(b)All sidewalk and approach-apron surfaces shall be concrete. Pavers are prohibited in
sidewalk or apron areas of the ROW unless no sidewalk exists or is planned, in which case
pavers may be allowed from private property to the pavement edge with written approval
from the Village.
(c) Landscaping or irrigation installed within the ROW must comply with the Swale & ROW
Design Standards (§74-181) and the approved plant list and spacing in Appendix A.
(d)The Village may remove, without compensation, any obstruction or unpermitted work
within the ROW.
§66-133 Protection of Drainage Facilities
(Added)
(a) No grading, fill, or alteration shall be permitted in swales or roadside ditches located
Page 24 of 275
Agenda Item #2.
within the ROW except as authorized by permit.
(b) Driveway or walkway crossings shall preserve the flow capacity of the swale and
maintain design elevations.
(c) Culverts, if required, must meet Village specifications and be installed subject to
inspection.
§66-134 Irrigation in the ROW
After(Added)
(a) Irrigation systems located in the public ROW shall be designed and maintained so that
water does not spray onto pavements or sidewalks and does not cause erosion of swale
slopes.
(b) Systems that interfere with stormwater flow or sightlines shall be relocated or removed
at the owner's expense.
§66-135 Enforcement and Violations
Before
Violations of ROW rules enforced under general nuisance code.
After(Added)
(a)Any violation of this chapter—including unpermitted work, obstruction of drainage, or
failure to maintain the ROW—shall be subject to the penalties described in Chapter 50 and
Appendix A.
(b) Civil fines, cost recovery for removal/restoration, and liens may be imposed.
(c)Appeals shall be filed with the Village Special Magistrate in accordance with Code
Enforcement procedures.
CHAPTER 70—DRIVEWAYS AND OFF-STREET PARKING
Page 25 of 275
Agenda Item #2.
§70-1 Purpose
(Added)
The purpose of this chapter is to regulate driveway design, construction, and maintenance
to ensure public safety, protect swale drainage, and preserve Village rights-of-way.
§70-2 Definitions
Before
Definitions were general and tied to zoning code.
After(Added)
For the purposes of this chapter, "driveway" means any vehicular access from private
property across a public ROW to a street or alley, including aprons, culverts, or swale
crossings.
§70-3 Driveway Construction Standards
Before
(a) Driveway aprons were to be constructed of concrete.
(b) Reference to swales and culverts.
After(Amended)
(a)All driveways constructed or reconstructed within the public ROW shall comply with the
Swale & ROW Design Standards (§74-181).
(b) Sidewalk and apron areas within the ROW shall be constructed of concrete only. The
use of pavers in these locations is prohibited.
(c)Where no sidewalk exists and none is planned, pavers may be permitted between the
private property line and pavement edge upon review and written approval by the Village.
(d) Driveway slopes, widths, and drainage alignment must maintain swale function and
meet Village stormwater specifications.
(e) Culverts,where required, must be sized and installed in accordance with Village
standards.
Page 26 of 275
Agenda Item #2.
§70-4 Permit Required
Before
Driveway permits required with standards.
After(Expanded)
(a) No person shall construct, modify, resurface, or expand a driveway in the public ROW
without first obtaining a ROW/driveway permit.
(b)Applications shall include plans demonstrating compliance with §74-181, the approved
plant list, and Village engineering standards.
(c)Work shall not commence until the permit has been issued.
§70-5 Inspections
After(Added)
All driveway installations or modifications within the ROW are subject to inspection by the
Village. Re-inspection fees may be assessed as set by separate resolution.
§70-6 Violations and Penalties
Before
Violations were subject to general penalty provisions; no specific fine listed.
After(Amended)
(a)Any person who constructs or modifies a driveway within the public ROW without the
required permit is subject to:
1. A civil fine of$150 per violation (or amount set by resolution);
2. Reimbursement of the Village's costs for correction or removal;
3. Restoration of the ROW to its prior condition at the violator's expense.
(b) Continued non-compliance may result in liens and further Code Enforcement
action.
(c) Penalties, fees, and lien procedures are set forth in Appendix A.
End of Before 4 After Comparison- Part 2(Chs. 66&70)
Page 27 of 275
Agenda Item #2.
VILLAGE OF TEQUESTA
BEFORE 4 AFTER COMPARISON
PART 3: SWALE POLICY&§74-181
SWALE UTILIZATION & ROW PERMIT POLICY(Ord. 26-19, 2020 version)
Title & Purpose
Before
Swale Utilization Policy adopted by Ordinance 26-19 (2019). Purpose was to maintain swale
grades for stormwater drainage. Allowed sod/grass and some planting, but no detailed
plant list.
After(Amended &Integrated)
Title: Swale & Right-of-Way Design Standards(§74-181).
Purpose expanded to: protect drainage, ensure public safety, promote Florida-Friendly
landscaping, preserve infrastructure, and establish clear maintenance responsibilities.
General Standards
Before
Required open drainage swales unless enclosed pipe was approved by the Village Engineer.
Planting was limited to sod or groundcover.
After(Revised)
1. Swales shall remain open drainage conveyances unless an enclosed pipe or
engineered bio-swale is approved by the Village Engineer.
2. Swales must be graded to convey stormwater without erosion or ponding.
3. Any swale work requires a Village permit.
4. Side slopes and flow lines must meet Village stormwater specifications.
Page 28 of 275
Agenda Item #2.
Driveway Crossings
Before
Limited references to culverts and driveway slopes in Public Works standards.
After(Consolidated)
• Driveways shall not obstruct drainage.
• Culverts must be reinforced concrete (12" minimum unless otherwise specified) or
approved equivalent.
• End treatments required for safety and erosion control.
Planting
Before
No planting list. Only"grass or sod" permitted. No spacing rules.
After(Revised & Expanded)
• Only plants listed in Appendix A may be used.
• Setbacks: 5 ft from pavement; 20 ft sight triangle at intersections.
• Spacing: as provided in Appendix A(12-36 inches depending on species).
• Shallow-rooted shrubs allowed with written approval if not obstructing drainage.
• Invasive species (FLEPPC list) prohibited.
Irrigation
After(Added)
Irrigation equipment in ROW must prevent overspray onto roads/sidewalks and avoid
erosion of swale slopes.
Page 29 of 275
Agenda Item #2.
Maintenance
Before
Policy stated "adjacent property owners are responsible."
After(Amended)
• Adjacent property owners must mow, trim, and remove litter/debris.
• Plantings must be kept healthy; dead or non-conforming vegetation must be
replaced.
• Irrigation systems must be maintained.
Permits &Inspections
Before
Permit required for driveway or piping.
After(Expanded)
• Permit required for planting, grading, irrigation, culverts, or driveway work.
• Village inspection required for final approval; re-inspection fees may apply.
Enforcement
Before
Referred generally to Code Enforcement for violations.
After(Revised)
• Violations include failure to maintain swales, obstruction of drainage, or
unpermitted alterations.
• Civil fines, restoration costs, and liens apply(per Appendix A and Chapter 50).
• Appeals go to the Special Magistrate.
Page 30 of 275
Agenda Item #2.
Integration of Prior Policy
Before
Policy text existed as a stand-alone ordinance (26-19).
After(Integrated)
The provisions of Ordinance 26-19 are revised and consolidated into §74-181, ensuring the
standards are now part of the Code for uniformity and consistency.
End of Before 4 After Comparison- Part 3(Swale Policy&§74-181)
VILLAGE OF TEQUESTA
BEFORE 4 AFTER COMPARISON
PART 4:APPENDIX A(Plant List& Fees/Fines)
PLANT LIST&SPACING
Before
• Staff handouts and permit letters referenced "sod"or"grass"with occasional
approval for groundcover.
• No species table, no spacing standards, no setback rules.
After(Added)
• Creates Approved Plant List with spacing requirements.
• Sets 5 ft centerline of swale (top side) and 20 ft clear sight triangle at intersections.
• Specifies spacing by species (12-36 inches center-to-center).
• Requires triangular planting pattern, not solid rows across swale flow line.
• Explicitly prohibits all FLEPPC invasive species.
Page 31 of 275
Agenda Item #2.
FEES& FINES
Before
• Permit and inspection fees across separate resolutions.
• $150 fine for ROW violations existed under Chapter 50, but not tied to
swale/driveway rules.
• No re-inspection fee category.
• Restoration costs referenced only in general enforcement language.
After(Revised &Consolidated)
• Appendix consolidates all permit, inspection, and violation fees in one schedule,
with authority set by ordinance and amounts set by separate resolution.
• ROW/Swale, Driveway, and Landscape Installation permits clearly identified.
• Inspection and Re-inspection fees added.
• Civil penalty of$150 per violation confirmed (adjustable by resolution).
• Full cost recovery for unauthorized work or damage added (actual cost+ admin fee).
• Liens authorized for unpaid fines or restoration costs.
Adoption Note
Before
Fee amounts set in resolutions, but no central appendix or plant list existed.
After(Integrated)
Appendix is part of the ordinance and may be updated administratively when Council
adopts or amends fee resolutions or the approved Plant List.
End of Before 4 After Comparison- Part 4(Appendix A)
Page 32 of 275
Agenda Item #2.
VILLAGE OF TEQUESTA
BEFORE 4 AFTER COMPARISON
PART 5: CHAPTER 78(Landscaping&Setbacks)
§78-395 Right-of-Way Landscaping
Before
Landscaping rules applied only to on-site setbacks and development approvals.)
After(Added)
(a)All landscaping located within Village-owned public rights-of-way (ROW), including
swales, medians, and sidewalk buffers, shall comply with the Swale &ROW Design
Standards (§74-181) and the approved species list in Appendix A.
(b) No trees or shrubs may be planted within five (5)feet of a swale centerline unless
shallow-rooted and specifically approved by the Village.
(c) Only Florida-native and Florida-Friendly species from the Village's approved Swale
Planting List (Appendix A) may be installed in the ROW. Invasive species listed by the
Florida Exotic Pest Plant Council(FLEPPC) are prohibited.
(d)Turf Grass Standards.
(1)Artificial turf grass shall not be installed or maintained within Village ROW, including
swales, medians, and sidewalk buffers.
(2) Natural turf grasses, including St. Augustine, Floratam, and Bermuda, are permitted in
ROW and swales when installed and maintained in accordance with Village standards.
(3)The Village encourages the use of drought-tolerant alternatives such as Bahia, Zoysia,
and Seashore Paspalum for new or replacement sod installations.
(e) Groundcover and plantings must not obstruct drainage or create ponding within swales.
(f)The Village reserves the right to remove landscaping in the ROW that interferes with
public safety, utility access, or stormwater function, without compensation to the property
owner.
Page 33 of 275
Agenda Item #2.
§78-396 Maintenance of Landscaping
Before
General property maintenance requirements applied.
After(Added/Revised)
(a)The owner or occupant of any property adjacent to the ROW shall be responsible for the
maintenance of all landscaping within the ROW, including mowing, trimming, irrigation
upkeep, and replacement of dead or non-compliant vegetation.
(b) Maintenance shall ensure swales remain unobstructed and vegetated in accordance
with §74-181 and Appendix A.
(c) Failure to maintain may result in enforcement action, including fines and liens, under
Chapter 50.
§78-397 Compliance and Permits
After(Added)
(a)A Village permit is required for the installation or modification of landscaping within the
ROW.
(b)All plans submitted for development approval must clearly delineate ROW boundaries
and identify proposed plantings consistent with Appendix A.
(c) Unauthorized landscaping may be removed by the Village at the owner's expense.
End of Before 4 After Comparison- Part 5(Chapter 78)
Page 34 of 275
Agenda Item #2.
Village of Tequesta
Allowable Plant List— Rights-of-Way & Swales
(All species must be Florida-Native or Florida-Friendly. No FLEPPC invasive plants allowed.
Artificial turf is prohibited in ROW and Swales.)
Approved Plantings
• Ornamental Grasses &Wildflowers
• Dwarf Fakahatchee Grass (Tripsacum floridanum) - 18-24 in
• Bushy Bluestem (Andropogon glomeratus) -24-36 in
• Purple Lovegrass (Eragrostis spectabilis) - 12-18 in
• Muhly Grass (Muhlenbergia capillaris) - 18-24 in
• Florida Gama Grass (Tripsacum dactyloides) - 24-36 in
• Sand Cordgrass (Spartina bakeri) - 24-30 in
• Maidencane (Panicum hemitomon) - 30-36 in
• Blue-flag Iris (Iris virginica) - 12-18 in
• Sunshine Mimosa (Mimosa strigillosa) - 12-18 in
• Florida Tickseed (Coreopsis spp.) - 12-18 in
• Golden Canna (Canna flaccida) - 18-24 in
• Spotted Beebalm (Monarda punctata) - 18-24 in
• Swamp Milkweed (Asclepias perennis) - 18-24 in
• Approved Sod/Turf Grasses
• Bahia Grass (Paspalum notatum)
• Zoysia (Zoysia japonica)
• Seashore Paspalum (Paspalum vaginatum)
• St.Augustine/Floratam (Stenotaphrum secundatum)
• Bermuda (Cynodon dactylon)
Turf Grass Standards
X Artificial turf grass prohibited
0 Natural sods permitted: St.Augustine, Floratam, Bermuda
Encouraged: Bahia,Zoysia, Seashore Paspalum (drought-tolerant,low irrigation)
Page 35 of 275
Agenda Item #2.
Planting Rules
• Maintain setback from swale centerline (measured from the top of Swale)
• 20 ft clear sight triangle at intersections
• No planting directly in swale flow line (except flood-tolerant species)
• Use staggered groupings, not solid rows
Q 0 Reminder: All ROW or swale plantings require a Village permit and must follow§74-
181 and Appendix A standards.
Page 36 of 275