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2008-04 Floating Docks Code AmendmentORDINANCE 2008-04 • 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 5-83, "MINIMUM DESIGN REQUIREMENTS," AND SECTION 5-85, "REGULATIONS GOVERNING CONSTRUCTION IN LAKE WORTH AND ATLANTIC OCEAN," TO ALLOW FLOATING DOCKS IN LAKE WORTH AND THE ATLANTIC OCEAN; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Code of Ordinances currently prohibits the construction of floating docks in Lake Worth and the Atlantic Ocean; and WHEREAS, due to technological advances in construction durability and an abundance of larger vessels, floating docks have become the industry standard for use in marinas throughout the State; and WHEREAS, having considered the recommendations of the Waterways Board, the Village Council wishes to amend the Code to allow for floating docks within Lake Worth and the Atlantic Ocean; and • WHEREAS, the Village Council has determined that the adoption ofthis Ordinance is in the best interests ofthe 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 aze incorporated herein. Section 2. The Village Council hereby amends Chapter 5, "Boats, Docks and Waterways," Article III, "Construction Requirements," Division 4, "Docks and Piers ," ofthe Village Code of Ordinances by amending Sections 5-83 and 5-85 to read as follows (additional language is underlined and deleted language is strip): Sec. 5-83. Minimum design requirements. (a) Coverings. Any sun, wind or weather covering to be wnstructed over a dock or pier shall require a permit and shall be classified as a canopy and shall meet the building code as such. (b) Decking elevation. The main deck of a dock or pier shall be placed • at a minimum of three and five-tenths (3.5) feet above mean sea level. The steps from the ground or bulkhead cap shall not exceed seven (7) inches for each step. Page 1 of 5 (c) Wave break. The bottom wave breaking stringer shall not extend below mean low water. • (d) Floating docks. Free-standing piling for floating docks shall be a minimum schedule 40, six-inch diameter, pea rock concrete filled steel pipe or six-inch plastic pipe filled with pea rock concrete and two (2) equally spaced number four reinforcing bazs, suitably tied. Attaching rings shall be steel or chain. Smaller piling may be allowed when properly structurally designed. (e) Construction material. Construction material for piers and docks shall meet the following requirements: (1) Piling. a. Minimum bottom penetration is to be six (6) feet. b. Concrete piling is to be minimum eight-inch by eight-inch or eight-inch diameter reinforced with four (4) number five (5) rods with number two (2) hoops eight (8) inches on center. c. Wood piling is to be minimum ten-inch butt diameter and the treatment shall conform to AWPB MP1, MP2 or MP4. Pile cutoff shall be treated in accordance with AWPA M4. • d. All piling aze to be set a maximum of ten (10) feet on center for timber deck construction. (2) Stringers and bracing. Stringers and bracing, if lumber, shall be a minimum two-inch by eight-inch. (3) Decking. Decking, if hunber, shall be a minimum two-inch bysix-inch (4) Fasteners. a. All bolts, nuts, washers and nails shall be hot dipped galvanized or zinc plated or equal. b. Stringers and braces shall be fastened with minimum one- halfinch bolts. (5) Dock lumber. All dock lumber shall be pressure treated or equal. (6) Concrete strength. All concrete shall be a minimum strength of thirty-five hundred (3,500) psi in twenty-eight (28) days. (7) Blocks. If dock is to be supported by a bulkhead, four-inch by four-inch blocks or equal shall be bolted to bulkhead wall; stringer shall be bolted to four-inch by four-inch blocks. Page 2 of 5 (f) Structural equivalents permitted. Docks and piers of other design • and material may be permitted when structurally equivalent to the above. (g) Commercial docks and piers. All commercial docks and piers are to be designed by a Florida registered professional engineer. f~ ::; a,.,.v ..a .. ~,. ~e ..`...,~ wa L.~,,..x~ .+t, a t, n t n t, n ., ...... i.:°.r.. .. ........~ ... ... .. (ilk Dolphins and tie poles. (1) Bottom penetration is to be a minimum of six (6) feet. (2) Materials and construction are to be the same as dock and pier pilings. (}~ Commercial marinas. All fixed docks and piers to be constructed in commercial mazinas shall be concrete or equal. (1F~ Batter piles. (1) Batter piles are to be designed by a Fbrida registered professional engineer. • (2) Batter piles aze to be constructed ofprestressed concrete. (3) A building permit shall be required prior to construction for all batter piles. (4) Batter piles shall be installed only under the following conditions: a. Obstructions prevent use of standard tiebacks and anchors to reinforce bulkheads. b. Existing bulkhead has failed or is in danger of failing. c. Not to be used in the construction of new bulkheads. (5) Base of batter pile shall extend a maximum of five (5) feet from the waterside face of the bulkhead. s * • Sec. 5-85. Regulations governing construction in Lake Worth and Atlantic Ocean. All residential piers, docks or other approved structures to be constructed waterside of the bulkhead line or land of the village in Lake Worth, or the mean low-water mark of the Atlantic Ocean, shall meet the following regulations and requirements: Page 3 of5 (1) The design of any pier to be constructed under the provisions of • this division shall be performed by an engineer registered in the state, and detailed construction drawings shall be submitted bearing the certification and seal ofsuch engineer. (2) Prior to a permit being issued by the village, a permit shall be obtained from such other authority that has a vested interest in the waterways. Nothing contained in this division shall be construed to affect the rights or obligations connected with spoil areas located in Lake Worth within one hundred (100) feet lakewazd of the bulkhead line referred to above and the granting of a permit by the village does not release the applicant from personally determining what, if any, effect such spoil azeas may have upon any construction done in accordance with this division. (3) No pier shall extend beyond a line fifty (50) feet waterside from and pazallel to the bulkhead line of the village. (4) The centerline of all piers shall be on a uniform alignment. (5) Piers may be constructed with "L" heads or "T" heads of fifty (50) feet. A finger pier shall not exceed twenty-two (22) feet in length and shall be a maximum of six (6) feet and a minimum of three (3) • feet in width. (6) No point on any pier shall be closer than twenty (20) feet to either side property line projected along a line pazallel to the pier center line or closer than forty (40) feet to any part of another pier. (7) All piers and docks shall be constructed with all major components including piling, beams, decks, etc., constructed of reinforced concrete. Piers shall have a maximum width of ten (10) feet, and a minimum width of six (6) feet. (8) Dolphins or mooring posts may be installed adjacent to piers, with location to be determined by the building department. (9) In regazd to construction waterside of any lot having fifty (50) feet or less frontage on the water, docks shall not be placed within five (5) feet of the side property line extended. (10) In regard to construction waterside of any lot having greater than fifty (50) feet frontage on the water, docks shall not be placed within ten (10) feet ofthe side property line extended. • (11) Freestanding wave breaks shall not be permitted. Page 4 of 5 (12) Mooring buoys and anchors shall be designed and located in such a manner as to not allow the moored vessel to cross the side property • lines extended. Mooring buoys and anchors shall be located pazallel to the bulkhead no more than one hundred fifty (150) feet from the bulkhead. No live-aboazds aze allowed. The upland land owner shall not moor or anchor more than one (1) boat. r Section 3. The provisions of this Ordinance shall become and be made a part ofthe Code of the Village ofNorth Palm Beach, Florida. Section 4. If any section, pazagraph, 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 aze hereby repealed to the extent of such conflict. Section 6. This Ordinance shall take effect immediately upon adoption. PLACED ON FIRST READING THIS 10th DAY OF JANUARY, 2008. • PLACED ON SECOND, FINAL READING AND PASSED THIS 24th DAY OF JANUARY 2008. i (Village Sea]) O ATTEST:,~'~ VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~~ ~- VILLAGE ATTORNEY u