Tequesta grants Toquesta Trace condo a 50% stormwater credit, requires annual engineer certification

The Village of Tequesta voted unanimously to grant a 50% reduction in stormwater utility fees to the Toquesta Trace Condominium Association (TTCA) after a contested appeal in which the association argued its private, closed-loop stormwater system receives no direct village stormwater services.

Utilities Director Allison Felsburg outlined staff's review of permits, site visits and engineering documents and said staff acknowledged TTCA retains and treats most of its runoff on site. But she told council that the village's stormwater infrastructure provides area-wide and indirect benefits — including roadway runoff capture and emergency overflow capacity — that justify a partial, rather than full, fee exemption.

"Complete exemption from stormwater utility fees would be inconsistent with the findings and intent of section 74‑201 and could undermine the uniform application of the stormwater utility," Felsburg said, recommending a 50% credit with conditions.

TTCA's representative, retired professional engineer Mike Jones, argued TTCA owns, operates and maintains a private system that does not hydraulically connect to the village system. He said historical South Florida Water Management District (SFWMD) reviews and the development's original permits show the system was designed and accepted under prior standards.

Jones said requiring a new, stamped engineering report to demonstrate performance at a 100‑year/24‑hour standard would impose substantial, retroactive design costs on the association. "We are a closed system; we do not drain into the Village of Tequesta's system," he told council, asking for a full waiver or a less costly process.

Council debated applicable standards. Village code sets a 25‑year/24‑hour storm as a minimum standard for retention features, but staff said SFWMD recommended 100‑year protection for closed-loop private systems in certain contexts; staff applied the higher criterion in its written determination to ensure life and safety after recent storm events.

Council members said they were sympathetic to TTCA's arguments but concluded that some contribution to the village's stormwater system remains justified because village-managed roads and infrastructure provide indirect benefits for TTCA residents and service providers. On that basis, the council approved the 50% credit, made it retroactive to the most recent bill, and required TTCA to submit an annual, signed and sealed inspection report from a licensed professional engineer confirming the system's structural integrity and its ability to retain at least the first inch of runoff.

The written order will memorialize the finding and the conditions for continued eligibility. Staff told council it will prepare the order and return it to the minutes file.

What this means locally: TTCA owners will see the reduced charges while the association maintains an annual engineering certification; council said it expects staff to monitor compliance and to bring any future evidence of system failure back to council for review.