HomeMy WebLinkAboutDocumentation_Workshop_Tab 03_5/4/2026 Agenda Item #3.
Workshop
STAFF MEMO
A-1
Meeting: Workshop - May 04 2026
Staff Contact: Doug Chambers, Director of Public Department: Public Works
Works
Unified Right-of-Way and Swale Planting Standards and Requirements Ordinance — Summary
Review
SUMMARYA
Staff has revised the Village's right-of-way and swale regulations to create a clear, consistent, and
unified framework governing activities and improvements within the public right-of-way, including
swales.
Currently, these requirements are spread across multiple sections of the Code and policies; these
revisions consolidates them into a single, consistent, and enforceable standard for residents,
contractors, and staff.
The ordinance defines where plantings may be installed, distinguishes between the swale as a
drainage feature and the top of swale as a permissible planting area, and identifies appropriate
Florida-native, non-invasive plant materials.
It also establishes minimum separation and clearance requirements to protect underground utilities,
drainage infrastructure, and roadway visibility. In addition, the ordinance prohibits certain materials,
such as decorative rock, mulch, and other non-living landscape features, that can interfere with
drainage and maintenance.
This balances flexibility and regulation by allowing appropriate landscaping within the right-of-way
while also protected public infrastructure, stormwater function, and safety, and provides a clear,
consistent standard for long-term maintenance and enforcement.
Revisions to the previous ordinance presentation are highlighted in yellow in the attached document.
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 M N/A
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DID YOU OBTAIN 3 QUOTES?
❑ Yes ❑X N/A
COMMENTS/EXPLANATION ON SELECTIONN/A
E76T .NTIAL MOTION / DIRECTION REQUESTED:
No motion: Workshop
TACHMENTS: -- -1�
Ordinance XX-25 Creating Unified ROW-Swale Policy
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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 and pedestrian 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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"Right-of-Way" means a public right of way, public utility easement, highway, street,
bride, 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
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over the surface and the area below the surface. "Rights of Way"shall not include private property.
The term also includes but is not limited to associated sidewalks, the roadbed, all culverts, drains,
sluices, swales, ditches, water storage areas, waterways, embankments, slopes, retaining walls,
bridges, 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 bounda of the adjacent owner's property.
"Permit" shall mean a Right-of-Way Construction Permit that must be obtained before
modify in the right-of-way.
"Right of Way Modification"shall mean to erect, construct, install,maintain,place,repair,
extend, expand, remove, occupy, locate, or relocate facilities in VillageRights-of-Way.
"Facility" shall mean any permanent or temporary landscaping,, equipment or property of
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 athway 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
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modification permit under this chapter.
Sec. 63-2. Riiht-of-Way Policy; Right of Way Modification; permit required.
(a) All plantings, excepting unpermitted artificial turf, installed within the public dg=ht-of-
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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
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Villageright of way after the effective date of this Article shall comply 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.
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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,e.'s
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 dimensioned, scaled drawings detailing the proposed
modifications as part of their application if deemed necessary by the Village Buildin
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Official.
(e) It shall be a violation of this chapter for any individual or entity to disturb, dig,
construct, 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 Tequesta
Building Department.
(f) Village Approved Projects.
(1) The Village through 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 review 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.
(h) Removal of Unauthorized or Non-Compliant Items.
The Village reserves the ri&ht to remove, or cause to be removed, any unauthorized or
non-compliant installation, material, or obstruction located within the public right-Of-
way, including but not limited to vegetation, decorative materials, or other
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Agenda Item #3.
improvements, when such items interfere with drainage, visibility, access, or public
safety, or are installed without the required permit. The cost of such removal may be
assessed to the responsible property owner.
Sec. 63-3. Swale Guidelines.
(a) Swale depths will follow the originally approved design plans. If the original design
plans do not adequately show the swale design, or original design plans do not exist,
the depth shall be in compliance with the adopted Village Policy for Minimum
Standards for the Design, 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 drainage configuration, provided positive drainage is maintained
and no standing water remains beyond 48 hours followinata 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 and will be considered as a part of a ri httoof
way permit application
Sec. 63-4. Swale Maintenance.
(a) The owner, occupant, and tenant and the respective agent of each, if any, shall be
responsible for maintaining all landscaping and irrigation including any equipment
located within the Village swale/right-of-way. All landscaping shall be maintained in
food condition, to present a healthy, neat and orderly appearance at least equal to the
original installation and/or compliance with right-of-way permit, including all
conditions, as applicable. This area shall be kept clean and free from all refuse and
debris. Any dead vegetation and landscaping material shall be promptly replaced with
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healthy, living plantings.
(b) The Village shall be responsible for maintaining any Village-installed landscaping
irrigation equipment within the right of way.
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Agenda Item #3.
(c) Any violations of this Chapter may be enforced through the Village Special Magistrate
Code Enforcement process.
Sec. 63-5. Swale Plantings.
(a) Owners of adjacent private property are permitted to install plantings within the Village
swale via ri ht-of-way modification permit.
(b) All plantings must meet the following requirements:
Plantings are permitted within the Villageright-of-way, subject to the requirements of this
section. Allowable plantings shall be limited to Florida-native, non-invasive trees, balms,
shrubs, ornamental plantings, and flowers, and shall be installed only within the top side
(flat areal of the swale in accordance with the standards set forth herein. All proposed
plantings within the public right-of-way shall be subject to review and approval by the
Village to ensure compliance with drainage, utility, visibility, and public safetv
requirements.
(1) Not interfere with draina eight visibility, or vehicular/pedestrian access.
(2) Comply with applicable MOT and Village engineeriny, standards.
(3) Not impede the function or functional drainage area of a swale.
(4) Minimum Flat Area; Trees, Shrubs, and Hedges
Trees, shrubs, and hedges shall be planted within a level (flat) area located on
the owner's side of the swale. All such plantings shall be set back a minimum
of three (3) feet from the top of the swale before the ground begins sloping
downward. Trees, shrubs, and hedges are not permitted on the road-side of the
swale or within the swale side slopes or bottom.
(5) All such plantings shall maintain a minimum separation of five (5) feet from
underground utilities and shall not conflict with sidewalks, drainage
structures, or other infrastructure.
(6) Shrubs and hedges are permitted within the public fight-of-way only within
this same flat area and shall be limited to Florida-native, non-invasive species.
All such plantings shall be installed and maintained so as not to obstruct
Visibility, interfere with drainage, or conflict with utilities, sidewalks, or other
infrastructure.
(7) All trees, shrubs, and hedges shall comply with MOT Florida Greenbook
clear sight requirements. Additional separation from underground utilities
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Agenda Item #3.
may be required based on utility type, size, and applicable Village or industry
standards, including AWWA guidelines. Root barriers shall be required where
applicable.
(8) Not conflict with under round or overhead utilities, fire hydrants, or other
infrastructure, including any future projects identified within the Village of
Tequesta's capital improvement or infrastructure plans.
(9) Maintain a fourteen(14)foot clearance over adjacent 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
roundcovers (maximum mature height: 18 inches) may be used within the
functional drainage area of a swale. No planting may be located directly within
the swale flow line (except for flood tolerant species). All such plantings shall
maintain a minimum three (3) foot setback from the edge of the roadway.
(11) All landscaping must be installed to maintain a twenty-foot clear sight
triangle at adjacent intersections.
(12) All plantings must be planted in staggered groupings as opposed to solid
rows.
(13) Artificial turf is prohibited within the Village right-of--way or swale area.
(14) Large canopy tree species, including ipine species (Pinus spp.), are not
permitted within the public right-of-way unless specifically approved by the
Village,
(15) Prohibited Decorative Materials.
The placement or installation of decorative landscape materials within the
public right-of-way is prohibited. This includes, but is not limited to:
• Decorative rock, river rock, gravel, or stone ground cover
• Boulders, stone groupings, or decorative stone features
• Concrete or cast stone ornaments, including landscape statues or
fi urines
• Mulch, wood chips, or similar loose ground cover materials
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• Any non-living landscape material intended for decorative purposes
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These materials are prohibited as they may interfere with stormwater
conveyance,impede drainage, create maintenance and safety issues, or obstruct
access to public infrastructure.
Planting Material. Planting material permitted within the Village Swale must be Florida-Native
or Florida Friendly. No Cate ooKy I Florida invasive species council (FISC) are allowed.
Refer to Right-of-Way and Swale Planting Standards and Requirements
(1) Approved Plantings: (Removed sizes don't represent natural heiht�
i. Dwarf Fakahatchee Grass (Tripsacum floridanum)
i i. Bushy Bluestem (Andropogon glomeratus)
i i i. Purple Love r, ass (Eragrostis spectabilis�
iv. Muhly Grass (Muhlenbergia capillaris)
v. Florida Gama r, ass (Tripsacum dact. loides)
vi. Sand Cord r, ass (Spartina bakeri)
vi i. Maidencane (Panicum hemitomon�
vi i i. Blue-flag Iris (Iris vir e i nica)
ix. Sunshine Mimosa (Mimosa stri illosa)
x. Florida Tickseed(Coreopsis spp.)
A Golden Canna(Canna flaccida)
xii. Spotted Beebalm (Monarda punctata)
xi i i. Swamp Milkweed (Asclepias perennis)
(2) Approved Sod/Turf Grasses:
i. Bahia Grass (Paspalum notatum).
i i. Zoysia (Zoysia jgponica).
i i i. Seashore Paspalum (Paspalum vaginatum).
iv. St. Augustine (Stenotqphrum secundatum).
v. Bermuda(Cynodon dactylon).
(3) Approved Flood Tolerant Ornamental Grasses, Wildflowers, and Groundcovers
(Swales and ROW)
i. Sand Cord�,rg ass (Spartina bakeri).
i i. Maidencane (Panicum hemitomon).
i i i. Blue-flagIris ris (Iris vir ig nica).
iv. Golden Canna(Canna flaccida).
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v. Swamp Milkweed (Asclepias perennis).
vi. Dwarf Fakahatchee Grass (Tripsacum floridanum).
vii. Bushy Bluestem (Andropogon ,glomeratus).
(4) Hedges and Shrubs
i. Florida-native, non-invasive species. All such plantings shall be low to moderate
in height and density and shall be installed and maintained so as not to obstruct
visibility, interfere with drainage, or conflict with utilities or infrastructure.
(5) Approved Trees
i. Simpsons' Stopper(Myrcianthes fra r, ans).
i i. Spanish Stopper(Eugenia foetida).
i i i. Marlben (Ardisia escallonioides).
iv. Buttonwood— Green Form (Conocalpus erectus).
v. Wild Tamarind (Lysiloma latisliquum).
vi. Gumbo Lymbo (Bursera simaruba).
vii. Paradise Tree (Simarouba lauca).
vi i i. Pigeon Plum (Coccoloba diversifolia).
ix. Sabal Palm (Sabal palmetto).
x. Southern Live Oak(Quercus vir i. nia)
Additional Florida-native, non-invasive plant species may be qpproved by the Village on a case-
by-case basis, provided they meet the intent and requirements of this Article.
(c) Root Barrier Reauirement.
(1) Any tree or large hedge 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 Min.15'on either
side of the infrastructure interface (e.g., along curb lines, sidewalks, or utility
corridors .
(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.
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(d) Exceytions to ROW requirements.
(1) In circumstances involving odd-shaped, extended, or otherwise unique ri ht-of-
way (ROW) areas the Village may consider exceptions to the requirements of this
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Chapter.
(2) Such exceptions shall be reviewed and granted through the Villapermitting
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
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proposed plantings 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 type, spacing, or maintenance requirements as part of the
approval of any request to ensure long-term compliance with public infrastructure
needs.
(e) Clearance Reauirements 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 proper 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:
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Clearance reauirements set forth herein are based on ayylicable FDOT Florida
Greenbook standards, utility industry standards including A WWA guidelines, and
accepted engineering practices to ensure public safety, drainage function, and
protection of infrastructure.
Feature/Structure: Minimum Separation Notes:
Distance:
Edge of drainage swale 3 feet minimum with Measured from trunk or
(top of bank). required root barrier center of plant to top of
swale bank.
Drainage inlets, culverts, 10 feet minimum with Prevents obstruction
or headwalls required root barrier and root intrusion.
Underground utility lines 5 feet minimum with May be increased per
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(water, sewer, storm, required root barrier utility owner's
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electric, fiber, etc.) standards.
Fire hydrants, valves, or 7 feet minimum. with Maintain service access
utility boxes. required root barrier and visibility.
Sidewalks, curb returns, or 3 feet minimum with Prevents surface damage
driveways. required root barrier and sight obstruction.
Overhead utility lines. 15-foot vertical Per FPL's "Right Tree
clearance, horizontal Right Place uuidelines"
clearance varies
Street intersections or As required per FDOT Measured from point of
regulatory signs. limits of clear sight and intersection to ensure
to provide unobstructed sight distance per MOT
view to sign face. Greenbook.
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(f) Pruning & Maintenance After Installation.
(1) Abutting property owners directly are responsible for maintaining approved
ROW/Swale plantings, so they do not obstruct drainage, impair visibillty, or
interfere with utilities. Violations of this Article shall be subi ect to enforcement and
penalties through the code enforcement process including fines, abatement and
administrative costs.
(2) Pruning of trees,palms,hedges 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-
year period, 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.
(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"hatracking" is prohibited.
(6) Palm Pruning.
i. No more than one-third of fronds shall be removed.
i i. No pruning above the horizon line, except for dead or diseased fronds.
i i i. That have insect or disease damage, crown dieback, or decay greater than
one-third of the tree canopy.
iv. That have suffered damage due to natural or accidental causes.
Sec. 63-6. Driveway Reauirements.
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Agenda Item #3.
(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.
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(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, 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 of the applicant's
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property but may voluntarily do so if he or she chooses. However, should the property
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 existin_ sidewalk exists and with Villa_e
review and approval.
(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
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reinforced concrete in accordance with Villageengineering 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 Dart of an adopted Village capital improvement pro ,r
transportation plan, or redevelopment project, asphalt driveway surfaces
may be permitted within the public right-of-way, subject to the following
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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 drainae
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Agenda Item #3.
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
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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
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equivalent to a concrete driveway apron.
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 on o
maintenance and repair of the driveway surface, footer, and any
associated drainage features within the public right-of-way, and for
correcting any drainage deficiencies resultin from the driveway
installation, as determined by the Village.
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Agenda Item #3.
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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Agenda Item #3.
Right-of-Way and Swale Planting Standards and Requirements
(1) General Applicability
Plantings within the public right-of-way are permitted subject to compliance with this
Article. Certain plant types may be permitted both within the Swale and on the top side(flat
area)of the Swale, as specified below. All plantings shall be subject to right-of-way permit
approval in accordance with this Article.
(2) Trees, Palms, Hedges, and Shrubs (Top of Swale Only)
• Permitted only within the top side (flat area) of the Swale within the public right-of-way
• A minimum three (3) foot wide level area must exist before the Swale begins to slope
downward
• Must be set back a minimum of three (3) feet from the top of the Swale
• Must maintain a minimum five (5) foot separation from underground utilities
• Root barriers shall be required where applicable
• Shall comply with FDOT Florida Greenbook sight visibility requirements
• Large canopy trees, including pine species, are prohibited unless specifically approved
(3) Ornamental Grasses, Wildflowers, and Groundcover
Permitted in the Swale:
• Must be installed in staggered groupings
• Not permitted within the flow line except for approved flood-tolerant species
• Must maintain a minimum three (3) foot setback from the edge of roadway
Also permitted on the top side (flat area) of the Swale:
• May be installed within the flat area of the right-of-way where adequate space exists
• Must not interfere with drainage, visibility, or conflict with utilities or infrastructure.
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Agenda Item #3.
(4) Flood-Tolerant Plantings (Limited Use Near Flow Line)
• Only approved flood-tolerant species may be installed within or nearest the swale flow line
• All such plantings remain subject to Village review and approval
(5) Sod and Turf
• Only living turfgrass is permitted
• Artificial turf is prohibited within the public right-of-way and Swale
• Must not obstruct drainage or alter Swale function
(6) Prohibited Materials
The following are not permitted within the public right-of-way:
• Decorative rock, gravel, or stone ground cover
• Decorative landscape stones or features, including pyramid stones, mushroom stones, and
similar items
• Boulders or stone groupings
• Concrete or cast stone ornaments
• Mulch, wood chips, or loose decorative materials
• Post or ground reflectors
• Any non-living decorative landscape material
(7) Approval of Additional Plant Species
Additional Florida-native, non-invasive plant species may be approved by the Village on a case-
by-case basis, provided they are consistent with the intent and requirements of this Article.
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