2011-11 Code Amendment - Floating Docks in NPB WaterwayORDINANCE N0.2011-11
• AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING DIVISION 4, "DOCKS
AND PIERS," OF ARTICLE III, "CONSTRUCTION REQUIREMENTS," OF
CHAPTER 5, "BOATS, DOCKS AND WATERWAYS," OF THE VILLAGE
CODE OF ORDINANCES BY AMENDING SECTION 5-84, "REGULATIONS
GOVERNING CONSTRUCTION IN WATERS OTHER THAN LAKE
WORTH AND ATLANTIC OCEAN," TO ALLOW FLOATING DOCKS TO
EXTEND A MAXIMUM OF TEN (10) FEET FROM THE BULKHEAD IN
THE NORTH PALM BEACH WATERWAY, TO RESTRICT THE MOORING
OF VESSELS ON EXTENDED FLOATING DOCKS, AND TO CLARIFY
REFERENCES TO THE FACE OF THE BULKHEAD; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Code restricts docks from extending more than five (5) feet from the
bulkhead wall within all waterways within the Village, with the exception of Lake Worth and the
Atlantic Ocean; and
WHEREAS, the Village recognizes that property owners along the North Palm Beach Waterway
have difficulty accessing kayaks, canoes and similar vessels due to the significant drop between
elevation of their properties and the water level; and
WHEREAS, to address this issue, the Village Council wishes to allow for the construction of
floating docks extending no more than ten (10) feet from the bulkhead wall within the North
Palm Beach Waterway; and
WHEREAS, because North Palm Beach Waterway is a minimum of one hundred and twenty
(120) feet in width and the Code currently allows piers to extend waterside twenty (20) feet from
the bulkhead and dolphin poles and mooring posts to extend waterside thirty (30) feet from the
bulkhead, the extended floating docks will not impede navigation within the Waterway; and
WHEREAS, the Village Council further wishes to clarify the meaning of the term "face of the
bulkhead;" and
WHEREAS, the Village Council determines that the adoption of this Ordinance benefits health,
safety and welfare ofthe Village and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends Chapter 5, "Boats, Docks and Waterways,"
• Article III, "Construction Requirements," Division 4, "Docks and Piers," of the Village Code of
Ordinances by amending Section 5-84 to read as follows (additional language is underlined and
deleted language is s~ie~c~~„):
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Sec. 5-84. Regulations governing construction in waters other than Lake
Worth and Atlantic Ocean.
• All docks or other approved structures to be constructed waterside of
bulkheads or land in the lagoons, waterways or other bodies of water in the
village, other than the waters of Lake Worth and the Atlantic Ocean, shall be
constructed in accordance with the following requirements and regulations:
(5) Docks shall extend a maximum of five (5) feet out from the face of
the bulkhead wall. Notwithstanding the foregoing, floatin dg_ocks
constructed within the North Palm Beach Waterway may extend a
maximum often (10) feet out from the face of the bulkhead wall,
provided, however, that the mooring of vessels to such extended floating
docks, for purposes other than loading or unloading, is prohibited.
*~*
(13~, For the purposes of this section, the face of the bulkhead wall shall
refer to the waterfront face of a retaining wall of approved
materials constructed adjacent to navigable waters and shall not
include the seawall cap, batter piles or king_piles.
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of
the Village ofNorth Palm Beach, Florida.
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of this Ordinance.
Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 9th DAY OF JUNE, 2011.
PLACED ON SECOND, FINAL READING AND PASSED THIS 23rd DAY OF JUNE, 2011.
(~IilTage Seal)
MAYOR
`ATTEST:
.. ~ ~~~~~
~~~~
VILLAGE CLERK
• APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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