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HomeMy WebLinkAboutOrd 1958-031 Bulkhead OrdinancePage / D.P ORDINANCE #31 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REGULATING THE BUILDING UP OF LAND UPON THE SUBMERGED BOTTOMS IN LAKE WORTH AND THE TIDAL WATERS WITHIN THE TERRITORIAL LIMITS OF SAID VILLAGE; PROVIDING THE ESTABLISHMENT OF BULKHEAD LINES WITHIN SUCH WATERS; REGULATING DREDGING AND FILLING OPERATIONS WITH RESPECT TO SAID BULKHEAD LINES; PROVIDING FOR THE SUBMISSION OF APPLICATIONS PRIOR TO THE COtNCEMENT OF FILLING OR DREDGING OPERATIONS AND FOR THE FEES TO BE PAID IN CONNECTION THEREWITH; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR THE ENFORCEMENT OF THE PROVISIONS OF THIS ORDINANCE AND FOR PENALTIES FOR VIOLATIONS THFREOF. WHEREAS, the promiscuous and unregulated creation or building up of lands by dredging and filling in the waters of Lake Worth and other tidal waters within the territorial limits of the Village of North Palm Beach, Florida, is not always consis- tent or compatible with the best interests, health, safety and general welfare of the public; and, WHEREAS, under authority vested in said Village of North Palm Beach, Florida, by Chapter 57-362, Laws of Florida, Acts of 1957, and by House Bill 1419, Laws of Florida, Special Acts, 1957, which said laws became effective on June 11, 1957, and May 24, 1957, respectively, the Village is empowered to establish bulkhead lines and to control and regulate dredging and filling in the waters of Lake Worth and other tidal waters within the territorial area of said Village; and, WHEREAS, a public hearing has been duly held in accordance with the procedure set forth in said statutes to consider the suggestions, proposals, comments, criticisms and arguments of those residents, property owners and other interested parties attend- ing or being represented; and, WHEREAS, due consideration and careful deliberation have now been given to the foregoing and other matters, NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. That there be and there is hereby established a comprehensive system of bulkhead lines in the waters of Lake Worth and other tidal waters within the terri- torial limits of the Village of North Palm Beach, Florida. Which said bulkhead lines shall be along the lines indicated and shown in red on the maps attached hereto, made a part hereof and which are marked respectively Bulkhead Maps 1 and 2. Section 2. That from and after the effective date of this ordinance, no fill shall be made, deposited or maintained in the waters of Lake Worth or other tidal waters within the territorial limits of the Village of North Palm Beach, Florida, waterward or outward from any shoreline, in such a manner so that such fill shall extend beyond any bulkhead line as established and designated on the bulkhead maps referred to in Section 1 above. Page / p 4 • Section 3. No person, firm or corporation may make or deposit any fill or undertake the filling, creation or extention of land by pumping, dredging, pumping sand, rock or earth or otherwise within the waters of Lake Worth or other tidal waters within the limits of said Village, without first having received a permit therefor from the Village Council of the Village of North Palm Beach. Applications for such permit shall be in writing and directed to the Clerk of said Village and shall be accompanied by a surveyor's sketch plan of what is proposed to be done and shall also show the details of any proposed construction, the proposed areato be filled, the area to be dredged for procuring fill material, if the proposed construction is intended to be created from dredged material, and such other information and data as may be pertinent to the proposed filling. In the event such application be found by the Village Council not to be violative of any statute, zoning law, ordinance, or other restriction which may be ap- plicable thereto, or that no harmful obstruction to or alteration of the natural flow of the adjacent navigable waters will arise from the proposed construction, or that no harmful or increased erosion, shoaling of channels or stagnant areas of water will be created thereby, or that no material injury or nonetary damage to adjoining land will accrue therefrom, the same shall be granted to the applicant, subject, however, to the approval of the Trustees of the Internal Improvement Fund of the State of Florida. Prior to the issuance of such permit the Village Council may require such modification or change of specifications as may be deemed necessary to meet the purposes of this ordinance. Section 4. Each application for permit submitted to the Village Clerk shall be accompanied by a fee of $10.00 and such fee shall be payable whether or not the permit therefor be granted or approved. If such permit is granted, the filing fee shall be made in accordance with the plans and specifications designated in the application. Each change in such plans or specifications subsequent to the issuance of a permit shall be the subject of a new or supplemental application and a like fee shall be paid upon the filing of such applicationas was paid in the case of the original application. Section 5. All permits issued under Sections 3 and 4 hereof shall be valid for a period of two years from the date thereof, but shall be automatically revoked if the proposed work is not completed within such period except for good cause shown. The renewal of any permit prior to sixty (60) days after its expiration may be granted. For violation of or non-compliance with the terms of such permit, any permit issued may be revoked after notice of intention so to do has been communicated to the holder and opportunity afforded within a reasonable time for a hearing thereon. Section 6. No person, firm or corporation may make or place any fill in the waters of Lake Worth until appropriate permission therefor shall be given by the Corp. of Engineers of the U. S. Army. Section 7. Any fill which shall be made contrary to the provisions of this ordinance shall be unlawful and subject to removal upon order of the Village Council. Section 8. Any person, firm or corporation who violates this ordinance shall, upon conviction, be fined in an amount not to exceed Five Hundred Dollars ($500.00). Page // D • • • • Section 9. Each day any such unlawful fill or extension of land shall continue to exist shall constitute a separate offense. Section 10. If any sentence, phrase, section or other portion of this ordinance be held invalid by a Court of competent jurisdiction, such findings shall not effect the validity of the remaining portions of this ordinance. Section 11. All ordinances or parts of ordinances in conflict herewith are here- by repealed, this section having particular applicability to those Ordinances of said Village of North Palm Beach being numbered 16 and 24 respectively. Section 12. This ordinance shall become effective upon its passage as provided by law. PASSED AND ADOPTED on first reading this llth. day of February, 1958. PASSED AND ADOPTED ON SECOND, FINAL READING AND PASSAGE the r r& day of FER,to oft e , 1958. (SEAL) ATTEST: 5/ Robert Tufford Village ulerk 5/ Richard E. Ross Mayor 1