HomeMy WebLinkAboutO-2022-029 Amending Ch. 22, Sec. 22-5 and Ch. 28, Art. 415 and Sec. 725-30 to Update Swale Treatments (TX-062-22) ORDINANCE NO. 2022-029
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 22, ENTITLED "STREETS AND
SIDEWALKS", AT SECTION 22-5, ENTITLED "PAVEMENT,
IMPROVEMENT AND USE OF SWALE AREAS";AMENDING CHAPTER 28,
ENTITLED "LAND DEVELOPMENT CODE", AT ARTICLE 415 ENTITLED
"SIDEWALKS AND SWALES" TO UPDATE ALLOWABLE SWALE
TREATMENTS; AND AMENDING ARTICLE 725, ENTITLED
"DEFINITIONS", AT SECTION 725-30 ENTITLED "TERMS DEFINED" TO
INCLUDE FLORIDA FRIENDLY LANDSCAPING AND XERISCAPE;
PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Dania Beach City Commission is seeking to update allowable
swale treatments; and
WHEREAS,the proposed amendments are for the benefit of the City and ensure that the
City Code is up to date;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That Chapter 22, entitled"Streets And Sidewalks", at Section 22-5, entitled
"Pavement, improvement and use of swale areas", is amended as follows:
CHAPTER 22
STREETS AND SIDEWALKS
* * *
Sec. 22-5. Pavement, improvement and use of swale areas.
With respect to the paving, improvement and use of drainage swales within the public right-
of-way of streets or other public rights-of-way owned or controlled by the city, the following
standards and regulations are adopted:
(a) The area immediately adjacent to the paved road surface extending to the right-of-way
line or to the edge of the sidewalk is primarily intended for the drainage of the paved
roadway by percolation of the water through the natural sand soil and such area is not
intended for parking vehicles. It may not be paved with any type of impervious paving
or any type of lime rock or stabilizing materials, except as follows:
(1) Residential areas. Paved driveways for access to abutting property. In no event
shall this access drive or vehicular stopping area exceed thirty (30) percent of the
frontage of the abutting lot.
(2) Commercial or industrial areas. The above standard for residential areas also
applies to commercial or industrial frontage. In the event a larger paved area is
desired for parking or access, the owner of the abutting property must provide for
subsurface drainage areas or other facilities which will be equal to the additional
area which is proposed to be paved. A permit from the building division must be
obtained for this construction. Application for a permit shall consist of a proposed
plan including details of the construction, drawn, signed and sealed by a civil
engineer and a completed permit application by a contractor holding the appropriate
business tax receipt. The application package will be reviewed by the department
of public services and issued by the building division upon the approval of the
department of public services. Maintenance of such systems is the responsibility of
the abutting property owner.
(b) Drainage of paved areas on private property shall not drain into the public right-of-way.
(c) Sodding of the swale area and right-of-way is couragcd and permitted up to the edge
of the paved roadways.
(d) Swale areas shall be constructed to conform with the sketch included in the regulations
as adopted by subsection(f)hereof.
(e) Driveways or parking areas constructed of concrete are prohibited in the public right-of-
way.
(f) The certain diagram entitled "Swale Areas for Residential and Commercial Frontage"
which is attached to the regulations of the engineering department and which were
approved December 8, 1959,three (3) copies of which are on file in the office of the city
auditor and clerk, is hereby adopted and made a part hereof by reference and shall apply
in the city.
(g) No rock other than washed three-fourth(3/4) rock shall be used unless paved over.
(h) All work done in the swale area shall be done at the owner's risk;if the city has to remove
the same, there will be no recourse.
(i) The installation and uses within street swale areas within the city are limited to the
following:
(1) Traffic control devices such as signal lights, stop signs and yield signs;
(2) Utility systems and appurtenant structures;
(3) Drainage systems and appurtenant structures;
(4) Mail boxes;
(5) Grass sodding, grass seeding or vegetative ground cover planted in an unpaved
swale area is required allowed and both new and existing planted areas shall be
maintained and trimmed by the abutting property owner or tenant on a regular basis
consistent with city laws governing lawn and yard maintenance,unless the director
of public services determines that an existing swale otherwise complies with the
pervious requirements of the City Code of Ordinances and that such swale as
currently existing can be maintained in a manner that complies with this section.
The planting of single trunk trees shall be permitted in swale areas, with the
2 ORDINANCE#2022-029
exception of any Causuarina trees(Australian pine trees),melaleuca trees,Brazilian
oak or pepper, rubber trees, or Ficus trees, so long as the following conditions are
complied with:
a. Trees shall be planted not closer to the street pavement than one-half the
distance between the property line and the street pavement.
b. Trees shall not be planted closer together than twenty-five (25) feet and on
corner lots shall be planted not less than twenty (20) feet from the intersection
of any street lines or street lines proposed.
c. No trees shall be permitted which are less than six(6)feet in height at the time
of planting.
d. All trees shall be kept trimmed by the abutting property owner or tenant and
shall have a clearance of at least eight(8)feet above the sidewalk and fourteen
(14) feet above the street level so as to permit pedestrian and vehicular traffic
beneath them without interference.
e. If roots and branches of any trees, hedges, or other plant growth shall cause
damage or destruction to any sidewalk, curb, gutter, street pavement, utility
line or other city-owned or publicly owned property, the director of public
services shall notify the owner of the trees, hedges, or other plant growth by
notice in writing, to cut down, destroy, or remove such trees within ten (10)
working days from the date of receipt of the notice. In the event the owner
shall fail or refuse to cut down, destroy, or remove same within the ten (10)
working days, the director of public services shall cause the trees, hedges, or
other plant growth to be removed or destroyed and shall charge the cost thereof
against the owner. The amount of the cost to the city shall be constituted as a
lien upon the property and shall be added to the utility bill.
(6) Grass pavers, or turf blocks, which are a type of open-cell unit paver in which the
cells are filled with soil and planted with turf providing fifteen—sixty percent(0.15
— 0.60) permeability. A base layer of one to two inches (1"—2") crushed stone is
required beneath the grass pavers,
or
must provide an engineered subsurface and be permitted and approved by the public
services.
(7) Xeriscaping or Florida Friendly Landscaping.
(8) Bioswales and other creative stormwater techniques.
(6 9) Low-profile, dome-shaped decorative blocks or markers not to exceed
twelve (12) inches in diameter and six (6) inches in height shall not constitute items
which interfere with the drainage of the swale areas and shall specifically be permitted
along street rights-of-way, drives, and public walks in the city. These dome-shaped
decorative blocks or markers shall have rounded surface areas and no corners which
make a right-angle projection corner interface.In the event that dome-shaped decorative
blocks or markers are placed in the swale area,which shall be expressly permitted, they
shall be painted white or with a white reflective material.
3 ORDINANCE#2022-029
* * *
Section 2. That Chapter 28, entitled "Land Development Code", amending Article
415, entitled "Sidewalks and Swales", is amended as follows:
ARTICLE 415
SIDEWALKS AND SWALES
(A) Chapter 22,article II of the Code of Ordinances requires that plats provide for sidewalks along
public streets, requires construction of sidewalks when buildings are constructed or
substantially improved, and establishes minimum width and construction standards for
sidewalks. These standards are superseded by the sidewalk standards of article 309, which
apply to the CC, SFED-MU, EDBB-MU, and NBHD-MU districts.
(B) Chapter 22, Article I of the Code of Ordinances governs the use and maintenance
responsibility of rights-of-way and swales, including, but not limited to, required sodding or
seeding of unpaved swales treatment of the swale which may include sodding or seeding,
washed rock or grass pavers, limitations on the use of concrete or pavers when constructing
driveways within the right-of-way, allowable encroachments, and tree planting and
maintenance regulations.
Section 3. That Chapter 28, entitled "Land Development Code", at Section 725-30
entitled"Terms defined", is amended as follows:
* * *
Sec. 725-30. - Terms defined.
* *
Florida Friendly Landscaping. Research-based Landscaping program developed by University
of Florida which promotes sustainable and integrated designs. Florida Friendly Landscapes
should abide by one or more of nine core principles to reduce resource consumption, save
money, limit pollution, benefit wildlife, and minimize maintenance:
1. Right plant, right place
2. Water efficiently
3. Fertilize appropriately
4. Mulch
5. Attract wildlife
6. Manage pests responsibly
7. Recycle yard waste
8. Reduce runoff
9. Protect waterfront
4 ORDINANCE#2022-029
y. A base layer of one to two inches (1"—2") crushed stone is
required beneath the grass pavers,
or
must provide an engineered subsurface and be permitted and approved by the public
services.
(7) Xeriscaping or Florida Friendly Landscaping.
(8) Bioswales and other creative stormwater techniques.
(6 9) Low-profile, dome-shaped decorative blocks or markers not to exceed
twelve (12) inches in diameter and six (6) inches in height shall not constitute items
which interfere with the drainage of the swale areas and shall specifically be permitted
along street rights-of-way, drives, and public walks in the city. These dome-shaped
decorative blocks or markers shall have rounded surface areas and no corners which
make a right-angle projection corner interface.In the event that dome-shaped decorative
blocks or markers are placed in the swale area,which shall be expressly permitted, they
shall be painted white or with a white reflective material.
3 ORDINANCE#2022-029
Xeriscape. Landscaping designed specifically for areas that are susceptible to drought, or
for properties where significant water conservation is practiced. This landscape type and design
requires little to no irrigation and maximizes drought tolerance.
Section 4. That if any section, clause, sentence, or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction,the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 5. That all ordinances or part of ordinances in conflict with the provisions of
the Ordinance are repealed.
Section 6. That this Ordinance shall be effective immediately at adoption on second
reading.
PASSED on first reading on September 14, 2022.
PASSED AND ADOPTED on second reading on September 27, 2022.
ATTEST: �� B
di..4"4.4.:4-L( • E. ..) .
THOMAS SCHNEIDER, CMC TA RA JAM
CITY CLERK ��9 ,r MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EV A BO TSIS
CI Y TTORNEY
5 ORDINANCE#2022-029
ction 3. That Chapter 28, entitled "Land Development Code", at Section 725-30
entitled"Terms defined", is amended as follows:
* * *
Sec. 725-30. - Terms defined.
* *
Florida Friendly Landscaping. Research-based Landscaping program developed by University
of Florida which promotes sustainable and integrated designs. Florida Friendly Landscapes
should abide by one or more of nine core principles to reduce resource consumption, save
money, limit pollution, benefit wildlife, and minimize maintenance:
1. Right plant, right place
2. Water efficiently
3. Fertilize appropriately
4. Mulch
5. Attract wildlife
6. Manage pests responsibly
7. Recycle yard waste
8. Reduce runoff
9. Protect waterfront
4 ORDINANCE#2022-029
y. A base layer of one to two inches (1"—2") crushed stone is
required beneath the grass pavers,
or
must provide an engineered subsurface and be permitted and approved by the public
services.
(7) Xeriscaping or Florida Friendly Landscaping.
(8) Bioswales and other creative stormwater techniques.
(6 9) Low-profile, dome-shaped decorative blocks or markers not to exceed
twelve (12) inches in diameter and six (6) inches in height shall not constitute items
which interfere with the drainage of the swale areas and shall specifically be permitted
along street rights-of-way, drives, and public walks in the city. These dome-shaped
decorative blocks or markers shall have rounded surface areas and no corners which
make a right-angle projection corner interface.In the event that dome-shaped decorative
blocks or markers are placed in the swale area,which shall be expressly permitted, they
shall be painted white or with a white reflective material.
3 ORDINANCE#2022-029