32-99 Harbour IslesProsperity 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 INT'RACOASTAL 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 SEVERABIL,ITY; 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 l 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 (]0) 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 Canalc:
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 WatPnvav:
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; ifthe 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
• 2
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 (]0) 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 maybe 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 perpendiculaz 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; ifthe 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 comer 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
hamrless 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 Gne 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 surcound 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
J
SEPTEMBER , 1999.
(VILLAGE SEAL)
ATTEST:
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/ VILLAGE CLERK
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