HomeMy WebLinkAboutDocumentation_Workshop_Tab 03_2/2/2026 Agenda Item #3.
Workshop
STAFF MEMO x
Meeting: Workshop - Feb 02 2026
Staff Contact: Doug Chambers, Director of Public Department: Public Works
Works
EMT
Discussion of Unified Right of Way, Swale and Driveway Standards
This workshop item provides staff recommendations to consolidate the Village's right-of-way
requirements into a single, consistent and standard framework for permitting, installing, and
maintaining improvements in the public right-of-way, including swale grading/maintenance, allowable
swale plantings.. The proposed ordinance requires a right-of-way permit for any modification,
provides for plan submittals when necessary, confirms permit approval criteria (utilities, drainage,
visibility, public safety, and maintenance access), and applies permit, inspection, and re-inspection
fees in accordance with the adopted fee schedule.
The recommendations also reinforce consistent and standard swale planting requirements to protect
drainage conveyance and infrastructure, including a continued prohibition on artificial turf, limiting
planting types within functional drainage areas, restricting trees to the top of the swale where a
minimum 3-foot flat area exists, and applying required clearances and root barriers. Maintenance
responsibility is assigned to abutting property owners for permitted private plantings, with
enforcement through the Special Magistrate code enforcement process, including fines, abatement,
and administrative costs.
Driveway construction within the public right-of-way remains subject to permit and inspection and
continues to follow the Village's existing, Council-adopted driveway details for concrete and pavers,
including the standard driveway footer detail adopted by resolution. In addition to those existing
driveway details, staff recommends adding asphalt as an acceptable driveway surface material only
for residential driveway crossings where no sidewalk exists and no sidewalk is planned, with asphalt
treated as surface-only and still requiring the continuous reinforced concrete footer and the
base/compaction and drainage protections established in the ordinance and the Residential Asphalt
Driveway Standards.
Staff recommends presenting the finalized unified right-of-way and swale requirements for
consideration and adoption at the next Regular Council Meeting. The ordinance includes the right-of-
way permit and inspection process. It includes swale planting and maintenance requirements that
protect drainage and infrastructure, with applicable permit, inspection, and re-inspection fees
assessed in accordance with the Village's existing adopted fee schedule. Enforcement is provided
through the Village's existing Code Enforcement/Special Magistrate process.
Staff also recommends amending the driveway construction language to add asphalt as an approved
residential driveway surface option only where no sidewalk exists and no sidewalk is planned. Asphalt
Page 25 of 49
Agenda Item #3.
would be subject to the Residential Asphalt Driveway Construction Standards, including the
continuous reinforced concrete footer and required base/compaction and drainage protections.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
BUDGET • •
BUDGET AMOUNT N/A AMOUNT AVAILABLE N/A EXPENDITURE AMOUNT: N/A
FUNDING SOURCES: N/A IS THIS A PIGGYBACK:
❑ Yes ❑ N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes ❑ N/A
COMMENTS/EXPLANATION ON SELECTIONN/A
POTENTIAL MOTION - • e
Staff recommends placing the finalized unified right-of-way and swale ordinance on the agenda for
the next Regular Council Meeting for consideration and adoption.
Resolution XX-26 Adopting Village Driveway Detail Policy
Asphalt Driveway Construction Standards
ASPHALT DRIVEWAY DETAIL
Ordinance XX-25 Creating Unified Row Swale Policy
Comparison Sept Workshop Presentation vs Unified ROW Swale Policy
Page 26 of 49
Agenda Item #3.
RESOLUTION XX-26
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, ADOPTING A DRIVEWAY DETAIL POLICY FOR
USE WITHIN VILLAGE ROW AREAS; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, The Village Council of the Village of Tequesta, Florida, authorizes individuals
to perform work within the Village owned right-of-way including the construction of driveway ; and
WHEREAS, is it necessary for the Village of Tequesta to provide a standard design of what
is and is not allowed for driveway Swale construction within the Village; and
WHEREAS, this policy may be amended from time to time depending on staff
recommendation and best practices; and
WHEREAS, the Village finds that this Resolution and the attached policy to be in the best
interest of the Village of Tequesta and will advance the purposes of promoting the health, safety, and
welfare of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: The Village Council of the Village of Tequesta,Florida,hereby adopts the attached
standard driveway detail attached hereto as Exhibit A for use within the Village.
Section 2: All resolutions or parts of resolutions in conflict herewith shall be and hereby are
repealed.
Section 3: This Resolution shall take effect immediately upon passage.
Page 27 of 49
Agenda Item #3.
VILLAGE OF TEQUESTA
RESIDENTIAL ASPHALT DRIVEWAY STANDARDS
1. APPLICABILITY. This detail applies to residential asphalt driveways constructed
within the Village of Tequesta right-of-way only where no sidewalk exists or is planned,
in accordance with the Village Code of Ordinances Chapter 63. Asphalt is permitted as a
surface material only and does not eliminate required structural elements.
2. ROADWAY EDGE CONCRETE FOOTER: Concrete Footer as Edge of Pavement
(E/P). This footer is mandatory for all asphalt driveways within the Village Right of Way
a. Required Dimensions: 6 Inches wide x 12 Inches deep (minimum).
b. Location:
i. Immediately adjacent to roadway edge of pavement.
ii. Full width of driveway.
c. Reinforcement:
i. #3 reinforcing steel, continuous, centered vertically.
d. Function:
i. Prevent asphalt edge failure.
ii. Protect roadway pavement.
iii. Provide durable transition per Village ordinance.
3. ASPHALT PAVEMENT SECTION:
a. Surface Course:
i. 1.5' minimum asphaltic concrete.
b. Base Course:
i. 6 inches compacted limerock base.
ii. Compaction: 98%modified proctor.
ill. Base to extend 3 inches minimum beyond asphalt edge.
iv. Subgrade:
1. Compacted native material.
2. Proof-rolled; stabilized if required by inspection.
4. SWALE GEOMETRY & DRAINAGE
a. Swale Requirements:
i. Minimum swale depth: 6 inches below driveway surface.
ii. Maximum side slopes: 4:1.
iii. Swale flow shall be continuous and unobstructed.
b. Cross-Slopes:
i. Driveway cross-slope toward swate: 6% maximum.
it. Longitudinal driveway slope near property line: 1.5%minimum.
Page 28 of 49
Agenda Item #3.
c. Swale Crossing Construction:
i. As determined by the Public Works Director or designee:
1. Reinforced concrete swale section; or
2. Culvert crossing sized to maintain hydraulic capacity.
5. TRANSITIONS
a. Asphalt shall terminate cleanly at:
i. Concrete footer.
ii. Concrete Swale section(if required).
b. No feathered asphalt edges permitted.
c. Vertical transitions to be smooth and uniform.
6. GENERAL APPLICABILITY
a. Asphalt driveways within the right-of-way are permitted only where no sidewalk
exists or is planned.
b. A 6" wide X 12" deep reinforced concrete footer at the roadway edge is required.
c. Base and subgrade to meet Village compaction requirements.
d. Drainage swale-flow shall be maintained without ponding or obstruction.
e. All work within the public right-of-way requires a Village permit and inspection
approval.
f. Any driveway installation that results in drainage obstruction,ponding, or erosion
shall be subject to corrective action at the property owner's expense.
g. Property owners are responsible for restoration if future public improvements
require removal.
Page 29 of 49
Agenda Item #3.
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Page 30 of 49
Agenda Item #3.
ORDINANCE NO. XX-25
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 63. RIGHT-OF-WAY
REGULATIONS AT ARTICLE I. — IN GENERAL TO CREATE UNIFIED
LEGISLATION CONCERNING MODIFICATIONS TO VILLAGE
OWNED RIGHTS OF WAY; PROVIDING THAT EACH AND EVERY
OTHER SECTION AND SUBSECTION OF CHAPTER 63. RIGHT-OF-
WAY REGULATIONS. SHALL REMAIN IN FULL FORCE AND EFFECT
AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE; A
SEVERABILITY CLAUSE,AND AUTHORITY TO CODIFY; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, work and landscaping within the Village right-of-way must be regulated to
protect public infrastructure and utilities, maintain drainage conveyance and maintenance access,
and preserve roadway safety; and
WHEREAS, the Village of Tequesta code of ordinances currently regulates right-of-way
modification via multiple varying code sections and policies without a single unified policy; and
WHEREAS, the Village of Tequesta desires to simplify its right-of-way regulations by
codifying these requirements under a single succinct code detailing what is and is not allowed
within Village owned rights-of-way; and
WHEREAS, the Village Council of the Village of Tequesta finds the adoption of this
ordinance establishing a unified right of way policy for the Village will generally promote the
public health, safety and welfare of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 63 — Right-of-Way Regulations of the Code of Ordinances of the
Village of Tequesta is hereby amended at Article I. — In General. and shall hereafter read as
follows:
ARTICLE I.—IN GENERAL.
Sec. 63-1. Definitions.
For the purposes of this article, the following terms. phrases, words, and their derivations
shall have the meaning given herein:
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Agenda Item #3.
"Right-of-Way" means a public right of way, public utility easement, highway, street.
ridge, tunnel or alley for which the Village is the authority that has jurisdiction and control and
may lawfully grant access to pursuant to applicable law, and includes the surface, the air space
over the surface and the area below the surface. "Rights of Wad'shall not include private property.
The term also includes but is not limited to associated sidewalks, the roadbed, all culvers, drains
sluices, ditches, water storage areas, waterways. embankments, slopes, retaining walls. brides
and viaducts. or any adjacent Village controlled swale areas.
"Swale or Swale area" means the unpaved portion of the public right-of-way between the
paved portion of the public right-of-way and the boundary of the adjacent owner's property.
"Permit" shall mean a Right-of-Way Construction Permit that must be obtained before
modifvin tight-ot
"Right of Way Modification" shall mean to erect, construct, install,maintain,place,repair,
extend, expand,remove, occupy,locate, or relocate facilities in Village Rights-of-Way.
"Facility" shall mean any permanent or temporary landscaping, equipment or pro e
any kind, including but not limited to sewer, gas,water, electric, storm drainage, communications.
and other types of facilities/equipment, all cables or conduits, ducts, fiber optics, poles, antennae
converters, splice boxes, cabinets, hand holes, manholes. vaults. drains, surface location markers,
appurtenances,and other equipment, construction,or pathway placed or maintained or to be placed
or maintained in Village right-of way.
"Permitee" means any Person or Entity who obtains or seeks to obtain a right of way
modification permit under this chapter.
Sec. 63-2. Right-of-Way Policy: Right of Way Modification: permit required.
(a) All plantings, ptingunpermitted artificial turf_ installed within the public right-of-
way prior to the effective date of this Article shall be deemed lawful and permitted to
remain, provided they do not create a public safety hazard or interfere with existing
infrastructure. Any planting, modification, or replacement of material within the
Village right of way after the effective date of this Article shall comIv fully with the
requirements of this Article, including all separation and root barrier provisions. The
Village reserves the right to remove or require relocation of existing vegetation if it is
determined to obstruct visibility, drainage, or required public access or represents a
public safety issue.
2
Page 32 of 49
Agenda Item #3.
(b) All modifications of the Village right-of-way shall be by permit_ initiated through the
Village Building Department, and shall be in accordance with all Village ordinances,
rules, standards. and Policies. This includes, but is not limited to any maintenance
swale construction. or the installation of any trees, shrubs. signs_ mailboxes, planters,
ornamental decorations. etc. (excluding Village owned signage). All applicable permit,
inspection, and re-inspection fees shall be assessed in accordance with the Villa
adopted fee schedule,including additional fees when re-inspections are required due to
noncompliance.
(c) Permitees acknowledge that as a condition of granting Right of Way Modification
Permits the Village may impose reasonable rules, conditions or regulations governing
the placement or maintenance of facilities in the right of way.
(d) Permittees shall provide engineering drawings detailing the proposed modifications as
art of their application if deemed necessary by the Village Building Official.
(e) It shall be a violation of this chapter for any individual or entity to disturb. digs
onstruct, install within, or in any way modify the Village owned right of way or swale
unless a permit for such modification is first obtained from the Village of Teauesta
Building Department.
(f) Village Approved Projects.
(1) The Village t�hrou�4h its public works or other authorized departments may
design,approve,and install landscape materials,including trees, shrubs,and
groundcover, within the public ROW as part of an approved Village project
or beautification program.
(g) After reviewal for compliance with all parts of this Article the Village Building official
or other Village Manager's Designee shall approve, approve with conditions. or deny
any permit application based on utility, drainage, visibility, public safety, maintenance
access and any other provisions of this Article.
See. 63-3. Swale Guidelines.
(a) Swale depths will follow the original approved design plans. If the design plans do not
adequately show the Swale design or design plans do not exist; the depth shall be in
compliance with the adopted Village Policy for Minimum Standards for the Design.
3
Page 33 of 49
Agenda Item #3.
Construction and Maintenance of Stormwater Conveyance Systems. Alternate
stormwater management methods may be approved by the Utilities Director for just
cause based on individual site conditions.
(b) Where existing grades, utilities, or mature trees prevent compliance with minimum
Swale slope requirements, the Utilities Director or designee may approve a reduced
slope or alternative drainageguration, provided positive drainage is maintained
and no standing water remains beyond 48 hours-following a typical rainfall event.
(c) In no event shall the Swale width be wider than the existing adjacent right-of-way.
(d) Low-impact design principles such as bio-swales and other creative stormwater
management techniques are encouraged.
Sec. 63-4. Swale Maintenance.
(a) The owner,occupant,and tenant and the respective agent of each,if any, shall be jointly
and severally responsible for all landscaping and irrigation equipment, including any
equipment located within the Village swale/right-of-way. All landscaping shall be
maintained in good condition, to present a healthy,neat and orderly appearance at least
equal to the original installation. This area shall be kept clean and free from all refuse
and debris. Any dead vegetation and landscaping material shall be promptly replaced
with healthy, living plantings.
(b) The Village shall be responsible for maintaining any Village-installed landscaping
within the right of way to ensure continued compliance with safety,visibility, drainage,
and infrastructure protection standards.
(c) Property owners must ensure proper irrigation, weeding, pruning, mowing, edging,
mulching or any other actions needed consistent with best horticultural practices.
(d) Any violations of this Chapter may be enforced through the VillageSpecial Ma ism
Code Enforcement process.
Sec. 63-5. Swale Plantings.
(a) Owners of adjacent private property are permitted to install plantings within the Village
swale via right-of-way modification permit.
(b) All plantings must meet the following requirements.
(1) No interference with drainage, sight visibility, or vehicular/pedestrian access.
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Page 34 of 49
Agenda Item #3.
(2) No conflicts with underground or overhead utilities, fire hydrants, or other
infrastructure, including any future prof ects.
(3) Compliance with applicable MOT and Villas ink eerin standards.
(4) Trees and plantings shall not be planted within the functional drainage area of
a swale.
(5) Only flood tolerant ornamental grasses, wildflowers, and seasonal non-invasive
flowers are authorized to be installed in the functional drainage area of a swale.
(6) Tree minimum flat area required. Trees must be planted within a minimum
three (3) foot wide level (flat) area within the ROW on the owner's side of the
swale before the ground beginsg downward. Trees are not permitted on
the road-side of Swale-
(7) Any plantings on swale side slopes must not impede water conveyance or
require berm changes which alter the drainage profile.
(8) Plantings must not conflict with underground or overhead utilities, fire
hydrants. or other infrastructure. including an future projects identified within
the Village of Teguesta's capital improvement or infrastructure plans.
(9) All swale plantings must maintain a fourteen (141 foot clearance over adiacent
roads and an eight(8) foot clearance over any adjacent sidewalks in addition to
any applicable utility service provider clearance requirements whichever is
stricter.
(10) Only living turfgrass or approved low-growing, flood-tolerant
groundcovers (maximum mature height: 18 inches) may be used within the
swale bottom. No planting may be located directly within the swale flow line
(except for flood tolerant species).
(11) All landscaping must be installed to maintain a twenty-foot clear sight
triangle at adjacent intersections.
(12) All plantings must be planted in stages r�oupinVs as opposed to solid
rows.
(13) Artificial turf is prohibited within the Village right-of-way or Swale area.
(c) Planting Material. Planting material permitted within the Village Swale must be Florida-
Native or Florida Friendly, No FLEPPC invasive species are allowed.
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Agenda Item #3.
(1) Approved Plantings:
i. Dwarf Fakahatchee Grass (Tripsacum floridanum)— 18-24 in.
ii. Bushy Bluestem (Andropogon glomeratus)—24-36 in.
iii. Purple Love rg ass (Era rog stir spectabilis) — 12-18 in.
iv. Muhly Grass (Muhlenbergia capillaris) — 18-24 in.
v. Florida Gama Grass (Tripsacum dact, low)— 24-36 in.
vi. Sand Cordgrass (Spartina bakeri)—24-30 in.
vii. Maidencane (Panicum hemitomon)—30-36 in.
viii. Blue-flagIris ris (Iris virg'nica) — 12-18 in.
ix. Sunshine Mimosa(Mimosa stri ilg losa)— 12-18 in.
x. Florida Tickseed(Coreopsis spp.)— 12-18 in.
xi. Golden Canna (Canna flaccida) — 18-24 in.
xii. Spotted Beebalm (Monarda punctata)— 18-24 in.
xiii. Swamp Milkweed (Asclepias perennis)— 18-24 in.
(2) Approved Sod/Turf Grasses:
i. Bahia Grass (Paspalum notatum).
ii. Zoysia (Zoysia:japonica)_
iii. Seashore Paspalum (Paspalum va_ing atuml.
iv. St. Augustine/Floratum (Stenotaphrum secundatum).
v. Bermuda(Cynodon dactylon).
(3) Approved Flood Tolerant Ornamental Grasses, Wildflowers, and Groundcovers
(Swales and ROW)
i. Sand Cordgrass (Spartina Bakeri).
H. Maidencane (Panicum Hemitomon).
iii. Blue-flagIris ris (Iris Vir ig nica).
iv. Golden Canna(Canna Flaccida).
v. Swamp Milkweed (Asclepias Perennis).
vi. Dward Fakahatchee Grass (Tripsacum Floridanum).
vii. Bushy Bluestem (Andropogon Glomeratusj
viii. Florida Gama Grass (Tripsacum Dactyloides).
(4) Approved Ornamental Grasses, Wildflowers, and Groundcovers (Swales and
ROW
i. Dwarf Fakahatchee Grass (Tripsacum Floridanum)— 18-24 Inch)
ii. Bushy Bluestem (Andropogon glomeratus)—24-36 in
iii. Purple Lovegrass (Eragrostis spectabilis)— 12-18 in
iv. Muhly Grass (Muhlenbergia capillaris)— 18-24 in
v. Florida Gama Grass (Tripsacum dactyloides)—24-36 in
vi. Sand Cordgrass (Spartina bakeri)—24-30 in
vii. Maidencane (Panicum hemitomon)—30-36 in
viii. Blue-flag Iris (Iris virginica)— 12-18 in
ix. Sunshine Mimosa(Mimosa strigillosa)— 12-18 in
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Page 36 of 49
Agenda Item #3.
x. Florida Tickseed(Coreopsis spp.)— 12-18 in
xi. Golden Canna(Canna flaccida)— 18-24 in
xii. Spotted Beebalm(Monarda punctata)— 18-24 in
xiii. Swamp Milkweed(Asclepias perennis)— 18-24 in
(5) Approved Trees
i. Simpsons' Stopper (Myrcianthes Fragrans).
ii. Spanish Stopper(Eugenia Foetida).
iii. Marlberry (Ardisia Escallonioides).
iv. Buttonwood— Green Form (ConocgMus Erectus).
v. Wild Tamarind (Lysiloma Latisliquum).
vi. Gumbo Lymbo (Bursera Simaruba).
vii. Paradise Tree (Simarouba Glauca).
viii. Pigeon Plum (Coccoloba Diversifolia).
ix. Sabal Palm (Sabal Palmetto).
(d) Planting Specifications:
Plant Type Approved Species Minimum Plant Spacing/ Placement Notes
Size at Quantity
Installation
Trees(Top-of- Simpson's Stopper; Min. 12 ft height Trees: 1 per 25 Only at very top side
Swale Only) Spanish Stopper; and 2.5 in. caliper linear ft;Palms: 1 of swale and only
Marlberry; (trees); per 30 linear ft where a minimum 3-
Buttonwood(green Palms:Min. 12 ft ft-wide level(flat)
form);Wild height(species- area exists within the
Tamarind; Gumbo specific trunk) ROW before the
Limbo;Paradise ground begins
Tree;Pigeon Plum; sloping downward;
Sabal Palm no trees on swale
side slopes or in
Swale bottom/flow
line; street-side root
barrier required.
Ornamental Dwarf Fakahatchee Min. 1-gallon 24-36 in. on Allowed within the
Grasses(Swale Grass;Bushy container center; install in swale only in
Allowed) Bluestem;Purple (recommended) staggered staggered groupings;
Lovegrass;Muhly groupings (not not in flow line
Grass;Florida rows) except flood-tolerant
Gama Grass; Sand species listed below.
Cordgrass;
Maidencane
Wildflowers/ Blue-flag Iris; Min. 1-gallon 18-24 in. on Allowed within the
Flowering Florida Tickseed; container center; install in swale only in
Perennials(Swale Golden Canna; (recommended) staggered staggered groupings;
Allowed) Spotted Beebalm; groupings (not no other plantings
Swamp Milkweed rows) (hedges/shrubs/trees)
permitted in the
Swale.
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Page 37 of 49
Agenda Item #3.
Groundcover Sunshine Mimosa Min.4-inch pot or 12-18 in. on Treat as allowed
(Swale Allowed) plugs center until Swale planting under
(recommended) coverage achieved the ordinance's
Swale limitation
(staggered/grouped);
not in flow line
except flood-tolerant
species.
Seasonal Non- Seasonal flowers Min.4-inch pot 12 in. on center; Must be confirmed
Invasive Flowers (case-by-case;non- (recommended) staggered non-invasive by
(Swale Allowed) invasive groupings only Utilities Director
confirmation and/or designee;
required) staggered only;not
in flow line except
flood-tolerant
species
Flood-Tolerant Sand Cordgrass; Generally 1-gallon Install as small These are the only
Species(Eligible Maidencane;Blue- container clusters, species eligible for
nearest flow line, flag Iris; Golden (recommended) staggered; placement in or
if approved) Canna; Swamp maintain drainage nearest the swale
Milkweed;Dwarf conveyance flow line, subject to
Fakahatchee Grass; permit approval;
Bushy Bluestein; otherwise no
Florida Gama Grass lantin in flow line.
Sod/Turf(ROW Bahia;Zoysia; Sod installed per Continuous Artificial turf
&Swale) Seashore Paspalum; industry standard coverage prohibited; only
St. living turfgrass
Augustine/Floratam; permitted.
Bermuda
(e) Root Barrier Reauireawat.
(1) Any tree or large hedye proposed in the Village-owned right-of-way shall include
an engineered root barrier system installed between the planting area and adjacent
infrastructure unless waived in writing by the Village Manager's Designee due to
physical constraints or an engineered alternative.
(2) Root barriers shall be a minimum of 18 inches in depth and extend the full len th
f the infrastructure interface (e.g., curb lines, sidewalks, or utility corridorsl.
(3) Acceptable materials include high-density polyethylene panels or modular systems
designed for root deflection, installed per manufacturer specifications.
(4) The Village may require additional root management measures in areas of
constrained ROW or near critical utilities.
(f) Exegpdons to ROW requirements.
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Agenda Item #3.
(1) In circumstances involving odd-shaped, extended, or otherwise unique right-of-
way (ROW) areas the Village may consider exceptions to the requirements of this
Chapter
(2) Such exceptions shall be reviewed and granted through the Village's permitting
process by the Public Works Director (or other Village Manager's Designee).
Approval may be .granted only where it is demonstrated by the applicant that the
proposed In antin�4s will not adversely affect public safety, visibility, access.
drainage, or utility operations.
(3) In granting any exception under this section the Village may impose specific
conditions, such as plant We, spacing_ or maintenance requirements as part of the
approval of any request to ensure long-term compliance with public infrastructure
needs.
(g) Clearance Requirements for Plantings Adiacent to Swales and Infrastructure.
(1) All landscaping plantings within the public ROW shall maintain adequate
separation from swales, drainage features, utilities, and other infrastructure to
ensure Wiper function, safety, and maintenance access.
(2) Unless otherwise approved by the public works director (or other Village
Manager's Designee) the following minimum clearances shall be maintained:
Feature/Structure: Minimum Se arp ation t s-
Distance:
Edge of drainage Swale 5 feet minimum. Measured from trunk or
(top of bank). center of plant to top of
swale bank.
Drainage inlets. culverts 10 feet minimum. Prevents obstruction
or headwalls and root intrusion.
Underground utility lines 5 feet minimum May be increased per
(water. sewer, storm_ utility owner's
electric, fiber, etc.) standards.
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Page 39 of 49
Agenda Item #3.
Fire hydrants, valves. or 7 feet minimum. Maintain service access
utility boxes, and visibility
Sidewalks, curb returns. or 3 feet minim-urn Prevents surface dama
driveways. and sight obstruction.
Overhead utility lines. 15-foot vertical Consistent with FPL and
clearance. MOT standards.
Street intersections or 25 feet minimum. Measured from point of
stop/yield suns. intersection to ensure
sight distance Per MOT
Greenbook.
(h) Pruning & Maintenance After Installation.
(1) Abutting property owners directly benefit from permitted ROW/swale use and
landscaping and are responsible for maintaining ale rn oved plantings, so they do not
obstruct drainage, i=air visibility, or interfere with utilities. Violations of this
Article shall be subiect to enforcement and penalties through the code enforcement
process including fines, abatement and administrative costs.
(2) Pruning of plantings within the right-of-way is required after installation to allow
for healthy growth, to ensure safety considerations, and to enhance the aesthetic
value of the Plant material. Pruning practices shall comply with the guidelines in
American National Standards Institute (ANSI) A300 and the provisions of this
Chapter.
(3) A maximum of 1/4 of the tree canopy may be removed from a tree within a one-
yearperiod, provided that the removal conforms to the standards of crown
reduction, crown cleaning, crown thinning, crown raising,vista pruning. and crown
restoration pruning techniques. All pruning shall comply with the most recent
published version of the American National Standards Institute (ANSI) A300
provisions related to tree_ shrub_ and other woody plant maintenance, as amended.
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Page 40 of 49
Agenda Item #3.
(4) When cutting back trees care shall be taken to promote the shape and form typical
of the tree's species
.
(5) Tree Topping or"hatrackinisis prohibited.
(6) Palm Pruning:
i. No more than one-third of fronds shall be removed.
ii. No pruning above the horizon line, except for dead or diseased fronds.
(7) Exceptions:
i. Vegetation affected by any government or government any safety
regulations to the extent required to comely with these regulations.
ii. Vegetation that interferes with corner clips,utility lines_or utility structures,
to the extent required to comply with the regulations for these areas or
structures.
iii. Vegetation that has insect or disease damage. crown dieback. or decay
greater than one-third of the tree canopy.
iv. Vegetation that has suffered damage due to natural or accidental causes.
v. Vegetation on Single Family lots unless pruned by a commercial tree
service business, landscape company, lawn service business, or other
related businesses.
vi. Vegetation in botanical gardens or botanical research centers.
vii. Vegetation under DOT. DEPW. and FPL management.
viii. Vegetation pruned in accordance with F.S. § 163.045.
Sec. 63-6. Driveway Requirements.
(a) Applicability. This section shall apply to all new construction, reconstruction, or
replacement of driveways that cross or are located within the public right-of-way.
(b) Driveways constructed within the Village must first obtain a permit through the Village
Building Department. Driveways proposed within Village rights-of-way shall conform to
the requirements of this Article.
(c) All costs associated with the construction or reconstruction of the driveway shall be at the
owner's expense including, but not limited to, pavement restoration; soddin�irn ate
and swale reconstruction. The property owner or his agent or contractor shall not be
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Agenda Item #3.
required to construct a Swale in the remainder of the right-of-way of the applicant's
property but may voluntarily do so if he or she chooses. However, should the pro l eA
owner expand the impervious area of the driveway they must adjust the swale accordingly_
to the Village of Teguesta Swale Standards.
(d) Driveways must be constructed to conform to the contours of existing swales or future
swales.
(e) It shall be the responsibility of the Building Department to inspect each new driveway
construction to ensure proper construction methods and compliance with this code.
(f) Driveway pavers shall only be installed where no existing sidewalk exists and with Village
review and a royal.
(g) Driveway Standards. Except as provided below, all driveway aprons, sidewalk crossings,
and driveway surfaces located within the public right-of-way shall be constructed of
reinforced concrete in accordance with Village engineering standards.
a. Asphalt Driveways Where no Sidewalk Exists or is Planned.
i. Where no sidewalk exists within the public right-of-way and no sidewalk is
planned as part of an adopted Village capital improvement program.
transportation plan, or redevelopment project, asphalt driveway surfaces
may be permitted within the public right-of-way, subject to the following
conditions:
1. The asphalt driveway surface shall be limited to residential
driveway crossings and shall not impede, obstruct, reduce capacity
of or otherwise adversely affect existing or designed drainag=e
swales, utilities, or roadway operations, including but not limited to
changes in grade, cross-section, or hydraulic performance.
2. A continuous reinforced concrete footer shall be required beneath
the asphalt driveway within the public right-of-way, constructed in
accordance with the Village's standard driveway footer detail and
identical to the concrete footer required for paver driveways.
3. The concrete footer shall extend the full width of the driveway
within the public right-of-way and shall provide structural support
equivalent to a concrete driveway apron.
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Page 42 of 49
Agenda Item #3.
4. A concrete header, thickened edge, or reinforced concrete swale
section may be required at the roadway edge or within the drainage
features as determined necessary by the Public Works Director or
designee to protect the integrity of the public right-of-way.
5. The asphalt pavement section above the concrete footer shall
include an approved base course and meet Village thickness and
compaction requirements.
6. Approval of asphalt within the public right-of-way shall not create
a vested right to continue such material if a sidewalk is later
constructed: conversion to a concrete driveway apron may be
required at the property owner's expense upon sidewalk installation.
7. The property owner shall be responsible for the ongoing
maintenance and repair of the driveway surface, footer and any
associated drainage features within the public right-of-way, and for
correctingany drainage deficiencies resulting from the driveway
installation, as determined by the Village.
Section 2: Chapter 74 Utilities is amended at Article IV. - Stormwater. Sec. 74-181. —
Swale utilization policy. Section 74-181 is hereby deleted in its entirety.
Section 3: Chapter 66. — Subdivisions is amended at Article VI. —Improvements, Section
66-347. — Swale Utilization Policy. Section 66-347 is hereby deleted in its entirety.
Section 4: All ordinances or parts of ordinances in conflict be and the same are hereby
repealed.
Section 5: Should any section or provision of this Ordinance or any portion thereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder of this Ordinance.
Section 6: Specific authority is hereby granted to codify this Ordinance.
Section 7: This Ordinance shall take effect immediately upon adoption.
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Page 43 of 49
Agenda Item #3.
The unified Right of Way-Swale Ordinance represents a refinement of what was presented
at the September 29, 2025 workshop. It narrows the scope in Village-owned rights-of-way
and swales, removes broader code restructuring and fee provisions, and replaces
conceptual guidance with enforceable standards. The new draft adds explicit
grandfathering protections, detailed permitting criteria, engineering flexibility, and a
comprehensive, species-specific plant list with strict placement, spacing, and
maintenance requirements.
Revisions•
I. SCOPE &STRUCTURE
0 REMOVED/PULLED BACK
• Broad restructuring of multiple code areas (landscaping, nuisance enforcement, fee
schedules).
• Consolidated fine schedules and new enforcement.
0 ADDED/CLARIFIED
• Ordinance limited strictlyto Village-owned right-of-way and swales.
• Clear standalone swale policies and replacement with one unified standard
0 MODIFIED
Conceptual"unified code" narrowed to a single enforceable ROW/swale policy.
II. EXISTING CONDITIONS/GRANDFATHERING
0 ADDED
Existing ROW plantings installed before adoption are deemed lawful unless they:
Create safety hazards,
Interfere with drainage,
Conflict with infrastructure.
Village expressly reserves authority to remove or require relocation if needed
Page 44 of 49
Agenda Item #3.
III. PERMITS&ADMINISTRATION
0 MODIFIED
• Permit requirement clarified and expanded:
o Now explicitly includes trees, shrubs, irrigation, signs, mailboxes, planters,
decorations, grading, and swale work.
• Permits routed through the Building Department, with discretionary engineering
review when required
0 ADDED
• Clear approval criteria: utilities, drainage,visibility, safety, maintenance access, and
future infrastructure.
IV. SWALE DESIGN & ENGINEERING
0 ADDED
• Utilities Director authority to approve:
o Reduced slopes,
o Alternative drainage configurations,
o Bio-swales and low-impact design.
• Explicit performance standard: no standing water beyond 48 hours
0 REMOVED
• Strict swale design discussed at the workshop
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Agenda Item #3.
V. MAINTENANCE & RESPONSIBILITY
0 MODIFIED
• Adjacent owners are responsible for maintaining permitted ROW landscaping.
• Village responsible only for landscaping installed by the Village itself
0 REMOVED
• Expanded maintenance enforcement language discussed at the workshop
VI. ENFORCEMENT
0 REMOVED
• New or enhanced penalty structures
0 ADDED/CLARIFIED
• Violations enforced through existing Special Magistrate process only, avoiding
creation of new enforcement systems
VII. DRIVEWAYS
0 MODIFIED
• Driveway standards apply only to driveways within the ROW.
• Clear inspection responsibility by dept.
0 ADDED
• Asphalt driveways permitted only where no sidewalk exists or is planned,with:
o Mandatory continuous reinforced concrete footer,
o Drainage protection,
o No vested right if sidewalk is later installed
Page 46 of 49
Agenda Item #3.
Vill.ARTIFICIAL TURF
0 ADDED
• Explicit prohibition of artificial turf anywhere in Village ROW or swale
IX. PLANTINGS—MAJOR SUBSTANTIVE CHANGE
REMOVED
• General, conceptual references to"approved plants"without specifications.
• Ability to plant shrubs, hedges, or trees within swale bottoms or slopes
0 ADDED (SIGNIFICANT DETAIL)
Swales
• Only:
o Flood-tolerant ornamental grasses,
o Wildflowers,
o Groundcovers,
o Approved turf.
• No planting in flow line, except listed flood-tolerant species
Trees
• Allowed only at top of swale, and only where:
o Minimum 3-ft flat area exists,
o No road-side planting,
o Mandatory root barrier installed
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Agenda Item #3.
Plant List
• Finalized, species-specific lists for:
o Trees,
o Ornamental grasses,
o Wildflowers,
o Groundcovers,
o Flood-tolerant species,
o Turf grasses
Spacing& Installation
• Mandatory:
o Minimum container sizes,
o Defined spacing(12-36 inches),
o Staggered groupings only(no rows)
Invasive Species
Explicit prohibition of all FLEPPC-listed invasive species.
X. ROOT BARRIERS&CLEARANCES
O ADDED
• Mandatory root barriers for trees and large hedges unless waived.
• Detailed clearance standards from:
o Swa Les,
o Utilities,
o Sidewalks,
o Intersections,
o Overhead lines
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Agenda Item #3.
XI. PRUNING & MAINTENANCE STANDARDS
0 ADDED
• Adoption of ANSI A300 pruning standards.
• Canopy removal limits.
• Palm pruning restrictions.
• Prohibition of tree topping("hatracking")
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