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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: Page 1 of 2 (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 Page 2 of 2