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HomeMy WebLinkAboutResolution_02-98/99_10/08/1998 RESOLUTION NO. 2 -98/99 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, ADOPTING PROCEDURES REGARDING PROPOSED CONSTRUCTION ACTIVITIES WITHIN PUBLIC RIGHTS -OF -WAY AND ON VILLAGE OWNED PROPERTY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Village has established procedures regarding proposed construction activities within public rights -of -way and on Village owned property, which procedures are intended to provide for the safe and orderly use and development of the public rights -of -way, easements, and private roads within the Village and to see that the public's best interests are to be served; WHEREAS, the Village established said procedures as Administrative Policy 1 -95/96 on February 12, 1996; and WHEREAS, these procedures are to be adopted by Resolution of the Village Council. NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA AS FOLLOWS: • Section 1. The Village of Tequesta Right -of -Way Procedures attached hereto as Exhibit 1, and incorporated herein by reference, are hereby adopted. Section 2. The Village of Tequesta Right -of -Way Procedures may be revised from time to time by Resolution of the Village Council. I Section 3. The Village of Tequesta Right -of -Way Procedures are available to all interested parties at the reproduction cost to the Village. Section 4. This Resolution shall become effective immediately upon passage. I THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Mackail , who moved its adoption. The motion was seconded by Councilmember C ap r e t t a , and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Alexander W. Cameron Joseph N. Capretta • Carl C. Hansen i I Ron T. Mackail The Mayor thereupon declared the Resolution duly passed and adopted this 8 "' day of October, A.D., 1998. f MAYOR OF TEQUESTA Elizabeth A Sch . auer ATTEST: Joann Manganiel Village Clerk • WPWResolution 2 -98 99 • EXHIBIT "A" r VILLAGE OF TEQUESTA ' Post 011ie Box 3273 - 250 Teque= Drive - Sift 300 �= Tequesta, Florida 33469-0273 - (561) 5756200 Fax: (561) 575.6203 POLICY NO. 3-97/98 April 13, 1998 " APPROVED s_� Thomas G. Bradford, Ti age Manager TITLE: Interim Village Swale Policy OBJECTIVE: To provide clearly understood procedures for developing and maintaining Village swales, establishing a communications program to citizens and contractors regarding .the Village's Swale Policy and establishing responsibility for the same until such time as the Village Council adopts by Ordinance, right -of -way procedures that address Village procedures for administration of swales within the Village. RESPONSIBILITY: The Director of Public. Works & Recreation or his designee is responsible for the implementation of this Policy throughout the • Village. The Director of Community Development is responsible for ensuring compliance with this Policy through permitting and other means throughout the Village. The Director of Public Works & Recreation and the Director of Community Development are required to establish and maintain ongoing communication relative to the implementation and compliance procedures associated with this Policy. PROCEDURE: INTERIM VILLAGE SWALE POLICY: A. Definitions 1. Swale: That land area typically between the property line or sidewalk /bike path and the edge of roadway pavement having gently sloping sides that are wider than deep, vegetated to prevent the slopes from eroding, created for the purpose of collecting stormwater and helping filter pollutants from • rainstorm runoff from roads, driveways, parking lots, and other hard surfaces. Recycled Paper B. General Application • Existing swales along the roadways within the Village shall from time to time be recut to approximate the original design section of the plans. This recutting is necessary to alleviate roadway flooding, increase water retention and percolation, replenish the aquifer, prevent salt water intrusion, and provide water quality treatment prior to discharge in the receiving water body. The Village is to be divided into sections according to critical needs and priorities which will be based on the following criteria: 1) Public Safety: Does the lack of swales cause hazardous driving during and after a storm event? 2) Water Ouality: • Does the system have any water quality treatment prior to discharge? 3) Cost: Does the Village have the funds to rebuild the swales in its Stormwater Utility Fund? Priorities are to be established Village- wide based upon the above criteria, in written form, by the Stormwater Utility Coordinator by May 1, 1998. Once priorities have been set, the reconstruction of swales will generally follow these rules and guidelines for non -curb and gutter sections. SWALE GUIDELINES 1) Swale depth will follow the original design plans. If the design plans do not adequately show the swale design, then the depth shall be • -0.50' below the edge of pavement. -2- Only the Stormwater Utility • Coordinator may amend such criteria in writing upon any applicable permit and only for just cause. 2) Swale width shall follow the design plans. If the design plans do not adequately show the swale width, then the width shall be no wider than the existing right -of -way. 3) Irrigation within the Village right - of -way shall be replaced at the expense of the Village if the swale work is being done by the Village or its agents or contractors. 4) Disturbed sodding within the construction area will be. replaced at the expense of the Village unless the permit indicates otherwise or the work being done is not being done by the Village, its agents or contractors. 5) Due to the continuous maintenance • problems and swale depths associated with pipes under driveways, such pipes shall not be allowed. 6) Curb and gutter type roadways will generally not be required to have swales unless the design plans call for them, in which case driveway pipes may be allowed. 7) Any modification of Village right - of -way for swale construction or maintenance shall be by permit, initiated through the Department of Community Development, and shall be in accordance with Village Ordinances, Rules, Standards, and Policies. This includes, but is not limited to, trees, shrubs, signs, mailboxes, planters, ornamental decorations, etc. (excluding Village installed signage). • -3- C. Driveway Construction Driveways to be reconstructed within the Village must go through the permitting process at the Department of Community Development. To ensure that the Village Interim Swale Policy is complied with, the Coordinator of Stormwater Utilities must sign -off on all driveway permits prior to issuance, or permit shall be deemed invalid. Driveways proposed within swales shall conform to the Swale Guidelines as set forth hereinabove in anticipation of swales being provided by the Village in the right -of -way in the area the driveway is being proposed for construction. All costs associated with the reconstruction of the driveway shall be at the owner's expense including, but not limited to, pavement restoration, sodding, irrigation, and swale reconstruction. The property owner or his agent or contractor shall not be required to construct a swale in the • remainder of the right -of -way fronting the applicants property but may voluntarily do so if he /she chooses, in accordance with this Policy. It shall be the responsibility of the Department of Community Development to inspect each site at the appropriate time to ensure proper construction methods and permit compliance. PERMITS 1) Permits issued by the Department of Community Development for driveway reconstruction within the right -of- way shall have attached thereto a copy of the Village of Tequesta Swale Program Bulletin on Swales as a convenient means of distributing important public information, a copy of which is attached hereto as Exhibit " A " . -4- 2) Driveway permits shall contain a statement advising applicants that driveways must be constructed to conform to the contours of existing swales or future swales in order to facilitate the goals and objectives of the Village Swale Program. 3) All driveway permits must be signed off by the Coordinator of Stormwater Utility prior to issuance. 4) To facilitate timely permit issuance, all completed permit applications immediately upon receipt shall be faxed by the Department of Community Development to the Coordinator of Stormwater Utility, followed by hard copy via interdepartmental mail, for review and sign --off. Upon Stormwater Utility Coordinator sign -off, permit shall be faxed to the Department of Community Development for permit issuance, followed by hard copy via interdepartmental mail. 5) Driveway permits shall contain drawing (s) graphically depicting the Swale Guidelines depth requirements to facilitate understanding of the requirements by the applicant. The graphic depiction(s) referenced herein shall be provided by the Stormwater Utility Coordinator to the Department of Community Development by April 10, 1998. All permits issued effective April 20, 1998 shall contain the graphic depiction (s) . TGB /krb c: \wp60 \policy \swale98 -5- i SYNRv1E1RICAL ABOUT rrt� Varies a oo Varies g 10' bld SHOULDER PAVEMENT a I m TYPICAL SWALE CROSS SECTION SINGLE LANE ROADWAY Exhibit "1" • VILLAGE OF TEQUESTA RIGHT -OF -WAY PROCEDURES Procedure regarding proposed construction activities within public right -of -way and on Village of Tequesta owned property. The Department of Community Development shall oversee the administration of these procedures and/or requirements. The Water System Manager shall ensure that the Tequesta Water Department complies with all provisions of this policy All proposed construction activity, excluding Village installed signage, shall be by permit, including, but not limited to, new infrastructure /utility installation, alterations and/or repairs to existing infrastructure /utilities, and/or other construction activities that are proposed to be constructed, altered and/or repaired and/or the installation and/or replacement of trees, shrubs, signs, mailboxes, planters, ornamental decorations, etc. within Village public rights -of -way and/or upon Village owned property shall be subject to Village ordinances, rules standards, policies and procedures and/or requirements as follows: • Pursuant to Village of Tequesta Ordinance 249 - any proposed new sewerage system shall require the prior approval of the Village Council. Approval by the Village • does not absolve applicant from requirements appearing below. • Pre - Application Meeting - a pre - application meeting may be required if it is determined that the proposed project must receive DRC review. If it is determined that a DRC review is required then the DRC application and review process must be followed. • Pre - Construction Meeting Required - prior to any public agency, franchise utility and /or service provider, contractor, sub- contractor or individual performing any work within a public right -of -way and/or on Village owned property, a pre - construction meeting may be required to be held with all affected parties. It shall be the responsibility of the contractor or entity seeking to perform said construction activities (work) to contact the Department of Community Development to determine if a meeting is required and to schedule the pre - construction meeting and to coordinate same with the Department of Community Development. • Construction Plans and Specifications Required - it shall be the responsibility of an applicant proposing to work within a public right -of -way and/or upon Village owned property to submit to the Department of Community Development prior to permitting, five (5) sets of all construction/infrastructure plans, drawings, engineering specifications and construction specifications as may be applicable for the work being proposed. • o Licensed Contractors and/or Sub- Contractors Required - it shall be the responsibility of an applicant proposing to work within a public right -of -way and/or • Page 2 R -O -W Procedures ------------------ - - - - -- upon Village owned property to hire properly licensed contractors, sub - contractors, companies and/or individuals to perform said work. • Permits Required - permits are required for all proposed work by contractors, sub - contractors, companies, utility companies, and /or individuals with the exception of Village installed signage. Permit applications are available at the Department of Community Development. • Franchised utility companies may utilize properly trained and/or certified in -house staff or personnel to perform work within public rights -of -way if not precluded from doing so by a federal, state, county or local requirement or regulation. This does not relieve the entity from the review, approval and permitting process. • Notice to Proceed Required - no construction work and/or activity shall commence within public rights -of -way until a "Notice to Proceed" has been issued by the Director of Public Works. If the work is of a valid emergency nature(i.e. a life, health and/or safety concern), the Director of Public Works shall be notified by phone or, in his absence, notify the Director of Community Development. Permission to proceed with • the emergency work will be granted subject to all other requirements being complied with during or immediately following the emergency work. • Emergency Work Procedures - oEmergency work may proceed immediately oProper notification as stated above shall be required oProper construction and safety measures shall be followed at all times during construction oPermit shall be applied for in a timely manner following emergency work. • Notification of Affected Property Owners - concurrent with the issuance of a "Notice to Proceed" by the Director of Public Works, the Public Works/Recreation Department shall provide written notification to the residents in the area of the Village that are affected by the proposed work to be performed within a public right -of -way. • Inspections Required - right -of -way construction activity will be permitted and inspected by the Building Department utilizing appropriate staff at the direction of the • Building Official. Twenty -four hour notice is required prior to work commencing in order to alert village officials of this pending work. (Emergencies will be handled in an expedited manner.) Deviations, amendments, etc. must be supported by written documentation from permittee and subsequently approved by Village staff. The Page 3 R -O -W Procedures ------------------------- minimum inspections required shall be as set forth on the Department of Community Development Inspection List. • Conditions to the Permit - conditions of the construction activity falling within the purview of the Department of Public Works and the Tequesta Stormwater utility shall be provided by the Director of Public Works to the Building Official for inclusion with the appropriate permits. If a DRC process was instituted with this construction activity, then each DRC member shall provide any conditions as a result of their respective departments purview of this construction activity. • Standard Conditions (list) - Conditions shall include, but not be limited to, the following: 1. Road/pavement cuts are prohibited. 2. Cleanliness during construction activities and clean-up upon completion are requirements/conditions of the permit. • 3. Appropriate provisions for signage that warns vehicular traffic of construction activities within the public right -of -way shall be required. All signage, must at a minimum, meet current DOT specifications. 4. Appropriate provision for barricades shall be required in order to protect and properly detour pedestrian and vehicular traffic. 5. Tests and testing - soil, sub -base and base compaction/density tests shall be required in order to assure proper compaction under all roadway, paving, sidewalk and/or pathway areas affected by the construction work per DOT specifications. 6. Test results shall be provided to the Department of Community Development prior to the pouring of any concrete and/or laying of any asphaltic surface. 7. Video taping and /or still photography must occur prior to work starting in order to document existing conditions per direction of the Director of Public Works. 8. A Maintenance of Traffic (MOT) plan must be submitted by the contractor at time of permit application. The Department of Community Development shall submit a copy to the Police and Fire Departments. • 9. All traffic control devices must comply with the U. S. Department of Transportation Traffic Control Manual. Use of flagpersons with DOT type approved vest and flag shall be required by the Village. Page 4 R -O -W Procedures ------------------------ 10. Orange traffic safety cones are required in front and rear of all vehicles and/or equipment parked in right -of -way. 11. All de- watering permit applicants be advised that no water is to be pumped directly onto the street. It must be done in a closed conduit or flexible hose to the nearest catch basin or sufficient retention area. The Director of Public Works, or his designee, must be on the site when the pump is started. All de- watering pumps must be sufficiently muffled to comply with applicable noise regulations. 12. All sewer permit applicants, be advised that the sewer lateral tie -in and/or clean-out must be inspected before the pipe is covered. 13. All lift stations and similar structures within either easements or the right -of -way shall be screened with landscaping as approved by the Village of Tequesta Community Appearance Board and a permit shall be required for the landscape work. 14. Other conditions as may be required as a result of a DRC review. 15. Issuance of Right -of -Way permits do not relieve the applicant from obtaining necessary Building Department permits. • When proposed work is contemplated under a paved roadway or driveway, jack and bore techniques shall be utilized by all utilities, franchises, contractors and entities. • When it is determined that jack and bore techniques are impractical, the permittee shall provide written notice to the public works director requesting a waiver to the jack and bore requirements. The public works director shall provide written response to said request. • Whenever road cuts are permitted pursuant to this policy, the utility or the utility's contractor shall contact the Building Department for inspections of the work at appropriate intervals for compliance with Village standards and requirements regarding the same with particular emphasis on construction review for proper compaction. Village standards and requirements regarding road cuts, patching and/or paving shall be equal to or exceed FDOT standards regarding the same. • Whenever road cuts are permitted, one lane of paved vehicular traffic will be maintained at all times. Exceptions will be allowed in justifiable pre- approved circumstances at • the discretion of the Director of Public Works. Page 5 R -O -W Procedures ------------------------ o Right -of -Way activity of any significance, in the opinion of the Director of Public Works, shall require the written notification of all affected adjacent property owners of the forthcoming right -of -way disturbance. The Director of Public Works shall be responsible for insuring compliance with this policy provision. Utility companies and/or contractors may be required to make said notification in an acceptable manner. • All utilities desiring to work within Village rights -of -way shall be required to return the right -of -way and any improvements located therein to the condition which existed prior to the undertaking of the said activity. • Procedure for Approving Usage of Public Right -of -Way for Structures and Signs - whenever a party proposes to use the public right -of -way for placement of a permanent structure or sign, or temporary signage for an extended period of time, consideration of same shall be subject to review by the Village Council. The party shall submit a hold harmless agreement in a form acceptable to the Village Council indemnifying the Village, along with a sketch or site plan indicating the proposed use of the right -of -way. The application shall be made prior to any application for a variance from the Board of Adjustment or review by the Community Appearance Board as may be applicable. Approval by the Village Council of the agreement may be • conditional, requiring variance approvals and site plan approvals prior to execution of the agreement by the Village Manager. • Village Swale Policy Procedures- See attached Exhibit "A ". 10