Public works director outlines right-of-way code revisions; planning board recommends approval

The Village of Tequesta’s Planning and Zoning Board on June 23 recommended approval of Ordinance 09-26, a comprehensive rewrite to Chapter 63 that would establish village-wide rules for work and plantings in public rights-of-way.

Public Works Director Doug Chambers told the board the changes aim to protect long-term infrastructure investments and simplify permitting for residents and contractors. "The right-of-way is the area between your property and the street," Chambers said, explaining that rights-of-way hold underground water, sewer, power and fiber lines and function as part of the village’s stormwater system. He said the village has invested about $9 million in infrastructure over the last five years and argued that consistent standards and permitting will reduce costly repairs caused by unpermitted work.

The proposed ordinance would require permits for construction or landscaping within the right-of-way, set planting setbacks from swales and utilities (minimum 3-foot setback from slope and 5-foot separation from utilities in some circumstances), prohibit artificial turf in the right-of-way, and ban decorative rock or mulch that can obstruct drainage. The draft also includes enforcement measures, fines, abatement and cost-recovery for violations.

During the board’s discussion residents raised several objections. Marcia Nelson said most homeowners are not aware where their right-of-way begins and warned that permitting and landscape restrictions could impose new burdens on ordinary residents. "Most homeowners are not aware even what a right-of-way is," Nelson said, calling for clearer outreach and a less punitive approach for existing plantings. Another resident, Reese Superior, told the board that recent water-main breaks reflect aging pipes rather than tree plantings and urged staff to rely on the village’s existing swale policy instead of replacing it with a broad ordinance.

Board members debated grandfathering language, enforcement discretion and how the ordinance would interact with homeowner associations. Chambers said existing nonconforming installations would be grandfathered unless the property owner modifies the feature, and emphasized the role of utility locates (call 811) and education for residents to reduce unpermitted work.

After discussion, a member moved to recommend approval of Ordinance 09-26 and the motion carried by voice vote. The planning board’s recommendation will be forwarded to the Village Council for final action. Staff said they will continue outreach and provide explanatory materials to homeowners to clarify permit requirements and grandfathering provisions.

The board also noted that specific implementation details and outreach will be important given public concerns. The council will consider the ordinance in a future meeting; the planning board’s recommendation does not itself change local law.