2014-02 Code Amendment - Earman River PiersORDINANCE NO. 2014-02
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 ALTERNATE PIER
CONFIGURATIONS WITHIN THE EARMAN RIVER; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 5- 84(6)(a) of the Village Code of Ordinances provides that piers not
exceeding six feet in width constructed within the Earman River may extend waterside not more
than twenty -five percent (25 %) of the waterway width; and
WHEREAS, this section further allows piers within the Earman River to be constructed with "L"
or "T" heads provided the maximum allowable length waterside is reduced by twelve (12) feet; and
WHEREAS, the Waterways Board has recommended that alternate pier configurations for the
parallel docking of vessels be permitted within the Earman River so long as the length of such
piers meets the existing requirements; and
WHEREAS, having considered the recommendation of the Waterways Board, the Village Council
wishes to amend the Code to allow for alternate pier configurations within the Earman River; and
WHEREAS, the Village Council has determined that the adoption of this Ordinance is in the best
interests of the health, safety and welfare of the 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 Sections 5 -84 to read as follows (additional language is underlined and
deleted language is �eken thfe u&):
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:
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(6) a. Piers not exceeding six (6) feet in width may extend waterside a
maximum of fifteen (15) feet in lagoons, twenty (20) feet in the
North Palm Beach Waterway, twenty -five (25) feet in West Lake
and forty (40) feet in North Lake and not more than twenty -five
(25) percent of the waterway width of the Earman River; provided,
however, that, a pier may extend waterside a maximum of fifty -
five (55) feet when connected with a commercial marina operation
in a commercial zoned piece of property so long as said construction
leaves a minimum clear water distance of forty (40) feet between
the pier and any opposite bulkhead or water structure which may
be constructed in accordance with this chapter. Piers located in the
Earman River may be constructed with "L" heads, of "T" heads, or
other configurations that may allow for the docking of vessels
parallel to the shore provided the maximum allowable length
waterside is reduced by twelve (12) feet. No pier shall be located
closer to the side property line extended than its extension waterside.
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of
the Village of North 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 13th DAY OF MARCH, 2014.
PLACED ON SECOND, FINAL READING AND PASSED THIS 27th DAY OF MARCH, 2014.
(Village Sea]) kaA� � ____
MAYOR
ATTEST:
VILLAGE CLE
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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