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Home My WebLink About1999-32 Prosperity Harbor South Docks & Piers• ORDINANCE NO. 32-99 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ORDINANCE NO. 26-96 WHICH CREATED A PLANNED UNIT DEVELOPMENT KNOWN AS "PROSPERITY HARBOR SOUTH" PROVIDING FOR AND REGULATING THE LOCATION AND PLACEMENT OF STRUCTURES INCLUSIVE OF PILINGS AND PIERS OR VESSELS WITHIN PROSPERITY HARBOR, INTERNAL CANALS AND THE NORTH PALM BEACH WATERWAY; PROVIDING THE PROCEDURE FOR SECURING AGENCY PERMITS FOR DREDGING OF NORTH PALM BEACH WATERWAYS EASTERN SHORELINE AT ITS INTERSECTION WITH THE INTRACOASTAL WATERWAY AND THE WESTERN SHORELINE ACROSS FROM THE VILLAGE GOLF COURSE OR PAYMENT TO THE VILLAGE BY DEVELOPER OF THE SUM OF $10,250.00 FOR DREDGING WITHIN THE VILLAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1 The Village Council of the Village of North Palm Beach, Florida, does hereby amend Ordinance No. 26-96 which created a planned unit development known as "Prosperity Harbor South" to provide for and regulate the location and placement of structures inclusive of pilings, piers and vessels within Prosperity Harbor, internal canals and the North Palm Beach Waterway, as follows: A. Prosperity Harbor: Within Prosperity Harbor, no "L" or "T" head pier as shown on Exhibits A, B and E attached and made part of this Ordinance may be extended into Prosperity Harbor to more than minus five feet (-5') mean low water; no mooring pile may extend more than twenty-five (25) feet into Prosperity Harbor from an "L" or "T" head of any pier; no point on any pier shall be located closer than ten (10) feet from either side property line extended except for Lot 103 which shall have a maximum fifty (50) foot "L" or "T" head and located as set forth in Exhibit "E" attached and made part of this Ordinance; all piers shall have a maximum width of six (6) feet. B. Internal Canals: Within Internal Canals, docks as shown on Exhibits C and E attached and made part of' this Ordinance may extend a maximum of five (5) feet out from the face of the bulkhead; no mooring pile may extend more than thirty (30) feet out from the face of the bulkhead; no point of any dock or mooring pile shall be located closer than ten (10) feet from either side property line extended; docks may "wrap around" on Lots 14, 81 and 97 which have water on two (2) sides; Lots 23, 25, 70 and 78 may have docks only on the internal canal side and no "L" or "T" head piers shall be located in Prosperity Harbor or the North Palm Beach Waterway; Lots 31 through 34 inclusive shall have dock/pier configuration(s) as shown on either Exhibit H or Exhibit I attached and made part of this Ordinance. C. North Palm Beach Waterway: Along the North Palm Beach Waterway at Lots 61 through 69, inclusive (all "Lot" numbers referenced herein are as shown on the Plat for Prosperity Harbor South P.U.D. known as HARBOUR ISLES), no structures, inclusive of pilings and piers or vessels may be located more than thirty (30) feet from the property line into the North Palm Beach Waterway as shown in Exhibits F, G and E attached and made part of this Ordinance; no vessel shall be moored perpendicular to the North Palm Beach Waterway shore; if the pier is not more than six (6) feet from the property line into the North Palm Beach Waterway, then "L" and "T" heads of piers shall not be located closer than ten (10) feet to either side property line extended; if the pier is more than six (6) feet from the property • line into the North Palm Beach Waterway, then the maximum length of the "L" and "T" heads of piers shall be twenty-five feet (25) and shall not be located closer than ten (10) feet to either side property line extended; all piers shall have a maximum width of six (6) feet. Under no circumstances shall piers extend more than twenty-five (25) feet from the property line into the North Palm Beach Waterway. Along the North Palm Beach Waterway at Lots 56 through 60, inclusive, no structures, inclusive of pilings and piers or vessels may be located more than thirty-five (35) feet from the property line into the North Palm Beach Waterway as shown on Exhibit E; no vessel shall be moored perpendicular to the North Palm Beach Waterway shore; if the pier is not more than eleven (11) feet from the property line into the North Palm Beach Waterway, then "L" and "T" heads of piers shall not be located closer than ten (10) feet from either side line property extended; if the pier is more than eleven (11) feet from the property line into the North Palm Beach Waterway, then the maximum length of the "L" and "T" heads of piers shall be twenty-five (25) feet and shall not be located closer than ten (10) feet from either side property line extended; all piers shall have a maximum width of six (6) feet; under no circumstances shall piers extend more than twenty-five (25) feet from the property line into the North Palm Beach Waterway. Along the North Palm Beach Waterway at Lot 24, no structures, inclusive of pilings and piers or vessels may be located more than forty (40) feet from the property line into the North Palm Beach Waterway as shown on Exhibit E; no vessel shall be moored perpendicular to the North Palm Beach Waterway shore; if the pier is not more than sixteen (16) feet from the property line into the North Palm Beach Waterway, then the "L" and "T" head of the pier may be a maximum of one hundred twenty (120) feet in length as measured southwesterly along the property line from the most • • • easterly corner of said Lot 24; if the pier is more than sixteen (16) feet from the property line into the North Palm Beach Waterway, then the maximum length of the "L" and "T" head of the pier shall be twenty-five (25) feet; all piers shall have a maximum width of six (6) feet; under no circumstances shall piers extend more than twenty-five (25) feet from the property line into the North Palm Beach Waterway. Section 2 The Village of North Palm Beach shall apply for all agency permit(s) necessary to dredge the North Palm Beach Waterway's eastern shoreline at its intersection with the Intracoastal Waterway and its western shoreline across from the Village Golf Course as shown on Exhibit D to the depth of-6N.G.V.D (-5 Mean Low Water). Developer is to utilize its professional engineer, staff and other experts in the making of the application and the Village and its staff will provide assistance and cooperation to secure the dredging permit(s) by January 31, 2000. Developer is to pay all costs of permitting and dredging and shall be responsible for the dredging. Village shall have no obligation except to make the application for permit(s) in its name and to cooperate with developer in processing the application. Prior to commencing dredging pursuant to the permit or permits that are issued, developer agrees to execute and deliver to Village an indemnification and hold harmless agreement whereby developer agrees to indemnify and save and hold Village harmless of and from any claims, damages or law suits arising out of developer's dredging activities, which indemnification shall include, but not be limited to, all costs and a reasonable attorney's fees both at the trial and appellate level. The indemnification agreement must be approved by the Village attorney. If Village and developer are successful in obtaining said permits by January 31, 2000, then the following North Palm Beach Waterway docking and mooring restrictions shall apply and the • aforementioned restrictions as to lots 56 through 60 and lot 24 shall be void: No structures, inclusive of pilings and piers, or vessels may be located more than thirty (30) feet from the property line into the North Palm Beach Waterway; no vessel shall be moored perpendicular to the North Palm Beach Waterway shore; if the pier is not more than six (6) feet from the property line into the North Palm Beach Waterway, then "L" and "T" heads of piers shall not be located closer than ten (10) feet from either property line extended if the pier is more than six (6) feet from the property line into the North Palm Beach Waterway, then the maximum length of the "L" and "T" heads of piers shall be twenty-five (25) feet and shall not be located closer than ten (10) feet from either property line extended; all piers shall have a maximum width of six (6) feet. Under no circumstances shall piers extend more than twenty-five (25) feet from the property line into the North Palm Beach Waterway. If Village and developer are unsuccessful in obtaining said permits by January 31, 2000, then the aforementioned restrictions as to lots 56 through 60 and lot 24 shall apply. If Village and developer are unsuccessful in obtaining the necessary dredging permit(s) by January 31, 2000, developer agrees to pay to Village in cash the sum of $10,250.00 by March 1, 2000, which sum shall be placed by the Village in its budget for dredging activities within the Village of North Palm Beach. Such monies can be utilized by the Village for dredging activities anywhere within the Village limits and Village shall not be obligated to expend any portion of such monies for waterways that are within or surround Developer's planned unit development. Section 3 Notwithstanding anything contained within this Ordinance to the contrary, no pier, piling or vessel shall be located that would result in any portion of the unobstructed • • waterway width within the North Palm Beach Waterway being less than ninety (90) feet. Section 4 If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a Court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 6 This Ordinance shall take effect immediately upon passage. PLACED ON FIRST READING THIS 9th DAY OF SEPTEMBER , 1999. PLACED ON PUBLIC HEARING THIS 23rd DAY OF SEPTEMBER , 1999. PLACED ON SECOND, FINAL READING AND PASSED THIS 23rd DAY OF SEPTEMBER 1999. (VILLAGE SEAL) ATTEST: VILLAGE CLERK 4-tit el MP PROPERTY LINE LOT PROPERTY LINE L07 MOTH VARIES 6. MAX. E1ANIAC WALL SKETCH OF 'L' HEAD PIER HARBOUR WATER BODY (EXCEPT LOT 103) ■:/.1lai IC1� -5.0 MtW MOORING PLE (TYPICAL) • J 'L' *AD PER 25 MAX. PLAN VIEW CxANT.ss C. Isnmqopa, P.E. 0 CorlsuuinoENonnna.INC. 00AerAL • v+rfOO,m+rAL • ILA.w3 P.O. BOX 14702 - NORTH PALM REACH FL. 33408 - M1-881-0003 DOCKAGE HARBOUR ISLES VILLAGE OF NORTH PALM BEACH PALM BEACH COUNTY, FLORIDA WCI COMMUNITIES DATE I 4/99 I DRAWN I JN ICNND 11S IAPPRVD leer DWG NO. t 956100( • SHEET OF 1 1 C0IAPUTER FILE NO. I C199I)04B • • -5.0 Mlw MOORING PILE (TYPICAL) 'T' HEAD PIER 25' MAX. SKETCH OF 'T' HEAD PIER HARBOUR WATER BODY (EXCEPT LOT 103) PLAN VIEW V C= C. Ism+ozx. P.E. CONSULTING Exon ans. INo. COASTAL • Wvi oto nAL • ILUDIZ P.O. O0X 14702 - NORTH PALM BEACH, AL. 33408 - so -NI -coos DOCKAGE HARBOUR ISLES VILLAGE OF NORTH PALM BEACH PALM BEACH COUNTY, FLORIDA WCI COMMUNITIES DATE I 4/99 I DRAWN I JN ICHK0 1 ACS IAPPRVD V7at- DWG NO. 19561DEX I SHEET COMPUTER PILE N0. 1 C199j)4P! of 1 • • -PROPERTY 1.1Z LOT PROPERTY LNE MOORING PLE (TYPICAL) DOCK 30' MAX. SKETCH OF DOCK INTERNAL CANAL 9 PLAN VIEW CHARLES C. 'SWINGER. P.R. Q CONSULTING ENGINZZns. INC. COASTAL • ZNVI OmT AL • MA3JNI P.O. Bo[ UTOB - NORTN PRY BEACH. R. SS406 - 561-661-0003 SHORE PROTECTION HARBOUR ISLES VILLAGE OF NORTH PALM BEACH PALM BEACH COUNTY, FLORIDA WCI COMMUNITIES DATE I 4/99 IDRAwN I JN ICHNO I IYS IAPPRVD r_{� DWG NO. 19561DEX SHEET 1 COMPUTER FILE NO. I CIS9DD4 OF 1 u11 i3 ad t Memo from- STEVE LEONHARDT Date 10114- To :LEfu Watt 2 efifr AL of l4.1.,114-t b L are-. 9r44o. 3t-19 to 4f ttic A -iv & V -' 0 1. (761:e-ti ot-e-ea gyiy) /1-14,--tan12 se answer As you requested O For your information O For your approval D Please take care of D Plesse take up with me D Please read and return • NM dal MI OM III IMP • PROPERTY LINE LOT PROPERTY LINE it 1: __ram __��r.__ REIA9C WALL wee kmmul ^11•1=1,._ b ,j6-- MAX. SKETCH OF 'L' HEAD PIER NORTH PALM BEACH WATERWAY MOOR PIG PILE (TYPICAL) HEAD PIER 30' MAX. PLAN VIEW CHAR ES C. Isramon, P.E. v CoxsuLrwo ENGINEERS, INC. COASTAL • WNVQOMU TAL • IMAM P.O. SOX 14102 - NORTH PAIL BEACH. FL. 33408 - 561-561-0003 DOCKAGE HARBOUR ISLES VILLAGE OF NORTH PALM BEACH PALM BEACH COUNTY, FLORIDA WCI COMMUNITIES W.TE I 4/99 I DRAWN I JN I CHICO I De I APPRVD Mi DWG NO. 9561DEX ISHEET COMPUTER FILE NO. I C1995 I OF 1 1 u u I SO MI MN 10 Pao9ERTY ire LOT PROPERTY set •�d.u:i1�e� 16. MAX. MOORING > (TYPICAL) 2 �1Q 111111111111 r !lb SKETCH OF 'T` HEAD PIER NORTH PALM BEACH WATERWAY HEAD PER 30' MAX. • PLAN VIEW t% CovF.Nsu C. ENGINEERS. INC. COASTAL • CTV2.ONO(WTAL • )LAPIN. P.O. BOX 14702 - NORTH PALM BEACH. FL. 33406 - 561-881-0003 DOCKAGE HARBOUR ISLES VILLAGE OF NORTH PALM BEACH PALM BEACH COUNTY, FLORIDA WCI COMMUNITIES DATE 14/99 IDRAWN I JN ICNKD IpCS I APPRVD ��r DWG NO. 195610EX ISHEET COMPUTER FILE N0. I ^, ggi 1Q4.F' I OF 1 33 . PROPERTY LNE MOAREAONG 4" . 32 10 MN 61/41 ■3d.I� I:J� 34 J �o+f PROPERTY lr,E a_ 40' PIER (MAX.) MOORING AREA 25" MAX. -J 40' PIER (MAX.) MOORNG ‘N MOORNG AREA AREA ie(�r J 31 DOCK SKETCH OF DOCKS AND PIER LOTS 31. 32. 33. AND 34 h CANAL *31 PLAN VIEW !� CHART ES C. Ismawo E, P.E. v CoNBULTINO ENOMEBns, INC. COASTAL • ENVIIOM@RAL • YAMS P.O. BOX 4E702 - NORTH PALM BEACH. FL. 33408 - 561-881-0003 DOCKAGE HARBOUR ISLES VILLAGE OF NORTH PALM BEACH PALM BEACH COUNTY, FLORIDA WCI COMMUNITIES GATE I 4/99 I.DRAWN I JN I CHKO I jC.S I APPRVD j/jA OWO NO. I.9561DEX {SHEET y fX1 COMPUTER FILE NO. C199• d ] OF 1 1 •• 1i 33 PROPERTY LINE • 34 I PROPERTY EWE i AREA • 32 g� 40' PIER (MAX) 31 PROPERTY LNE 40' PER (MAX.) IN a MOORING •� AREA / h �‘v/ CANAL MOORING AREA <1 l SKETCH OF PIERS LOTS 31, 32. 33. AND 34 L 25' MAX, si> PLAN VIEW CHARLER C. ISIMINOKR, P.E. v Comuuri o ENOmURS. INC. COASTAL • tNVOIONIOTNTAL • IMARI NI PA. BOX 1402 - NORTH PWA BEACH, FL. 33408 - 561-881-0003 DOCKAGE HARBOUR ISLES VILLAGE OF NORTH PALM BEACH PALM BEACH COUNTY, FLORIDA WCI COMMUNITIES DATE I 4/99 IDRAWN I JN ICHKD I IY) IAPPRVD / IV/ DWG NO. 19561DEX I SHEET COMPUTER FILE N0. I , QQOna,lg 1 OF 1 uu •a I • _ •