2018-04 Code Amendment - Docks and PiersORDINANCE NO. 2018-04
i
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 5, "BOATS,
DOCKS AND WATERWAYS," OF THE VILLAGE CODE OF ORDINANCES;
AMENDING ARTICLE I, "IN GENERAL," BY AMENDING SECTION 5-1,
"DEFINITIONS," TO AMEND THE DEFINITION OF MOORING AND
AMENDING SECTION 5-16, "MOORING LIMITATIONS," TO EXTEND SUCH
RESTRICTIONS TO ALL VILLAGE WATERWAYS; AMENDING DIVISION 4,
"DOCKS AND PIERS," OF ARTICLE III, "CONSTRUCTION REQUIREMENTS,"
BY AMENDING SECTION 5-81, "DEFINITIONS," TO ADD DEFINITIONS
FOR FLOATING VESSEL PLATFORM AND SHORE OR SHORELINE;
AMENDING SECTION 5-82, "GENERALLY," TO PROVIDE THAT THE
WIDTH OR LENGTH OF A PIER OR DOCK SHALL INCLUDE ALL
PROTRUSIONS THEREFROM; AMENDING SECTION 5-83, "MINIMUM
DESIGN REQUIREMENTS," TO PRESCRIBE REQUIREMENTS FOR FLOATING
VESSEL PLATFORMS; AMENDING SECTION 5-84, "REGULATIONS
GOVERNING CONSTRUCTION IN WATERS OTHER THAN LAKE WORTH
AND ATLANTIC OCEAN," TO ALLOW FOR NON -CONCURRENT
CONSTRUCTION OF DOCKS OR PIERS ON THE PROPERTY LINE IN
LAGOON DEAD ENDS, ELIMINATE CONFLICTING LANGUAGE
GOVERNING THE LOCATION OF PIERS AND PROVIDE REGULATIONS
FOR FLOATING VESSEL PLATFORMS; AMENDING SECTION 5-85,
"REGULATIONS GOVERNING CONSTRUCTION IN LAKE WORTH AND
ATLANTIC OCEAN," TO PROVIDE REGULATIONS FOR FLOATING
VESSEL PLATFORMS AND DELETE THE REQUIREMENT THAT ALL
MAJOR COMPONENTS BE CONSTRUCTED OF REINFORCED CONCRETE;
PROVIDING FOR PROSPECTIVE APPLICATION OF CERTAIN MOORING
REGULATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Village Council seeks to amend Chapter 5, "Boats, Docks and Waterways," of
the Village Code of Ordinances to: (1) modify the definition of the term mooring; (2) extend the
mooring limitations in lagoons to all Village waterways; (3) provide a definition for the term
shore or shoreline; (4) include all protrusions from docks and piers when measuring width and
length; (5) allow for non -concurrent construction of docks or piers on the property line in lagoon
dead ends under specified circumstances; (6) remove conflicting language governing the location
of piers relative the side property line extended in waterways other than the Atlantic Ocean and
Lake Worth; (7) provide for and regulate floating vessel platforms as required by Section 403.813,
Florida Statutes; and (8) eliminate the requirement that all major components of docks and piers
located within the Atlantic Ocean and Lake Worth be constructed of reinforced concrete; 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.
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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 I, "In General," of the Village Code of Ordinances as follows (additional language is
underlined and deleted language is str ever through):
ARTICLE I. IN GENERAL
Sec. 5-1. Definitions.
As used in this chapter, unless the context indicates otherwise, the
following terms shall have the indicated meanings:
Anchor shall mean any appliance used to secure a vessel or floating
structure other than to a pier, dock or bullchead which is carried aboard such
vessel as regular equipment when under way and cast or dropped overboard.
Boat means any watercraft, including seaplanes when not airborne, in or
upon or docked, moored or upon boat lifts at any place in any waterway within
the boundaries of the village.
Floating structure shall mean a floating entity, with or without
accommodation built thereon, which is not primarily used as a means of
transportation on water but which serves purposes or provides services typically
associated with a structure or other improvement on real property. The term
includes, but is not limited to, an entity used as a residence, place of business or
office with public access, a hotel or motel, a restaurant or lounge, a clubhouse, a
meeting facility, a storage or parking facility, or similar facility or entity
represented as such. Floating structures are expressly excluded from the definition
of the term vessel as defined in both F.S. § 327.02 and this section. Incidental
movement upon water or resting partially or entirely on the bottom does not, in
and of itself, preclude an entity from being classified as a floating structure nor
shall registration of the entity as a vessel in accordance with F.S. ch. 327.
Live -aboard boat or vessel means:
(a) Any boat or vessel used solely as a residence and not for navigation;
(b) Any boat or vessel represented as a place of business or a
professional or other commercial enterprise; or
(c) Any boat or vessel for which a declaration of domicile has been
filed pursuant to F.S. § 222.17. A commercial fishing boat is
expressly excluded from this definition.
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Mooring shall mean any appli nee used to seetife the securing of a vessel
or floating structure othe • than to ^ pief, doek -Ar- WIIICLP i' by any means.
Prohibited area shall mean all water bottom lands within the village not
authorized by this Code for the anchorage or mooring of vessels.
Vessel is synonymous with boat as referenced in section 1(b), Article VII
of the State Constitution and includes every description of watercraft, barge and
air boat, other than a seaplane on the water, used or capable of being used as a
means of transportation on water.
Waterway means any waters, waterway, lake, river, tributary, canal,
lagoon or connecting waters within the boundaries of the village.
Sec. 5-9. Mooring at private or public docks without permission.
No person shall moor a boat at a private or public seawall or dock or
beach if upon private or public property within the village without the permission
of the owner or public entity thereof.
Sec. 5-10. Observance of village health and conduct rules.
No person in charge of or occupying boats docked at or moored to land,
docks, piers or wharves abutting waterways shall fail to observe all the health and
sanitary regulations of the village, and all ordinances of the village relating to the
conduct of persons and prohibiting acts contrary to public health, morals, safety or
public peace.
Sec. 5-12. Refuse disposal.
No person in charge of or occupying a boat shall dump or throw or permit
to be dumped or thrown garbage, paper, bottles, cans, refuse or debris into
waterways. Persons in charge of boats moored or docked in the waterways shall
provide garbage cans of sufficient size to hold garbage and refuse.
Sec. 5-16. Mooring limitations in lagoons waterways (private docks and piers .
Excluding lagoon end situations, f pr-epeAies f+onting lagoons, no vessel
that is moored shall extend more than thirty (30) percent of the lagoo waterway
width from the face of the bulkhead or shoreline nor extend beyond the side
property lines extended.
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Section 3. The Village Council hereby amends Chapter 5, "Boats, Docks and Waterways,"
Article I11, "Construction Requirements," Division 4, "Docks and Piers," of the Village Code of
Ordinances as follows (additional language is underlined and deleted language is strieken t r^^'�):
DIVISION 4. - DOCKS AND PIERS
Sec. 5-81. Definitions.
As used in this division, the following terms shall have the indicated
meanings, unless the context clearly indicates otherwise:
Batter pile means pile that is designed and installed on a slope other than
vertical in order to resist horizontal as well as vertical forces.
Commercial dock means a wharf
dock or pier facility for tenants of
hotels, apartment houses, condominiums and for commercial
constructed only in zoning districts other than R-1 and R-2.
uses and shall be
Floating vessel platform means a structure that floats at all times in the
water and is used solely for the purpose of supporting a vessel so that the vessel is
out of the water when not in use. A floating boat lift shall be included within the
definition of floatingvessel platform.
Pier means a dock that extends more than five (5) feet perpendicular to a
bulkhead or shoreline.
Private dock, pier, mooring buoy and floating anchor mean those that
shall only be used by the occupant and his family and shall be constructed only in
R-1 and R-2 Zoning Districts. A private dock, pier, mooring buoy or floating
anchor shall not be rented or leased.
Shore or shoreline shall mean, in the absence of a bulkhead, the mean
high- water mark.
Wave break means a structure designed only to break up waves or boat
wakes, not to be used for mooring or docking boats.
See. 5-82. Generally.
(a) Docks, piers, mooring buoys and anchors, boat davits and other
boat -lifting devices and other approved structures shall be owned and constructed
only by the upland landowner.
(b) Boat davits and other boat -lifting devices shall require a building permit.
(c) Docks, piers, mooring buoys and anchors and other waterside
structures shall require a building permit.
The length or width of a dock or pier, as applicable, shall include
all protrusions therefrom.
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See. 5-83. Minimum design requirements.
(a) Coverings. Any sun, wind or weather covering to be constructed
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.
(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 bars, suitably tied. Attaching rings shall be steel or chain.
Smaller piling may be allowed when properly structurally designed.
(e) Floating Vessel Platforms.
Floating vessel platforms shall be secured in the same manner as
floating docks as specified above, or in the manner specified by the
manufacturer, or as designedy a Professional Engineer licensed
in the State of Florida.
The vessel on top of the floating platform must be independently
secured to a fixed dock, seawall, or similar structure on the property
to which it is accessory by a mooring line or chain of sufficient
strength and condition as if the vessel were floating independently.
FloatingL vessel platforms shall use flotation materials that are
either fully encapsulated or suitable for marine use, resistant to
puncture and loss of internal components, resistant to fire, cracking
and peeling_ and generally impervious to water or fuel damage.
(e f) 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 MPI, MP2 or MP4.
Pile cutoff shall be treated in accordance with AWPA M4.
d. All piling are to be set a maximum of ten (10) feet on center
for timber deck construction.
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(2) Stringers and bracing. Stringers and bracing, if lumber, shall be a
minimum two-inch by eight -inch.
(3) Decking. Decking, if lumber, shall be a minimum two-inch by six-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-
half -inch 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.
(f g) Structural equivalents permitted. Docks and piers of other design
and material may be permitted when structurally equivalent to the above.
(g h) Commercial docks and piers. All commercial docks and piers are
to be designed by a Florida registered professional engineer.
(h i) 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.
(i j.) Commercial marinas. All fixed docks and piers to be constructed
in commercial marinas shall be concrete or equal.
G lc) Batter piles.
(1) Batter piles are to be designed by a Florida registered professional engineer.
(2) Batter piles are to be constructed of prestressed 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.
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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:
(1) 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 waterway.
(2) In regard to construction waterside of any lot having fifty -foot or
less frontage on the water, docks shall not be placed within five (5)
feet of the side property line extended.
(3) In regard to construction waterside of any lot having greater than
fifty -foot frontage on the water, docks shall not be placed within
ten (10) feet of the side property line extended.
(4) Dead end lagoon. In regard to construction waterside of any platted
lot at the dead end of a lagoon, a dock or a pier may be placed zero
(0) feet from the side property line extended when all the following
requirements are complied with:
a. The lot/lots shall be in a R-1 Single Family Dwelling District.
b. Building permits shall be obtained as required by section 5-82
of this chapter.
C. At least one (1) lot shall have less than seventy-five (75) feet
frontage on the water.
d. A dock or pier, but not both, shall be constructed at the same
time on both sides of the common property line in question or,
in the alternative, if one of the property owners chooses to
construct the dock or pier at a future date, that property, owner,
shall record a deed restriction in the public records, in a form
acceptable to the village attorney, limiting the location of the
future dock or pier to the property line and requiringthat hat it
mirror the dock or pier constructed on the adjacent property
No hermit shall be issued until the restriction is recorded.
e. The dock or pier on a lot shall be structurally independent
of the dock or pier on the adjacent lot.
(5) Docks shall extend a maximum of five (5) feet out from the face of the
bulkhead wall. Notwithstanding the foregoing, floating docks constructed
within the North Palm Beach Waterway may extend a maximum of
ten (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.
Page 7 of 10
(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,
"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. NE) pier shall be loeateA
eloser to the side pfeper-ty line extended than its extension wate
b. Piers located on Teal Way in Prosperity Harbor may not exceed
six (6) feet in width and shall be a maximum of forty (40) feet in length.
Piers located per this section shall not be closer to the side property
line extended than half of its extension waterside of the bulkhead.
(7) In lagoons, dolphin poles, wave breaks, mooring posts, mooring
buoys or floating anchors shall be placed a maximum of twenty
(20) feet from the face of the bulkhead or the shore. Wave breaks
shall be allowed only at lagoon entrances opening into Lake Worth.
(8) In the North Palm Beach Waterway, dolphin poles, mooring posts,
mooring buoys or floating anchors shall be placed a maximum of
thirty (30) feet from the face of the bulkhead of the shore.
(9) In the Earman River, dolphin poles, wave breaks, mooring posts,
mooring buoys or floating anchors shall be placed not more than
twenty-five (25) percent of the waterway width from the bulkhead or
the shore. Wave breaks shall be allowed only at the entrance to Lake Worth.
(10) In West Lake, and North Lake, and water front properties along
Teal Way, dolphin poles, mooring posts, mooring buoys or floating
anchors shall be placed a maximum of fifty (50) feet from the face
of the bulkhead or the shore.
(11) Dolphin or mooring post location shall be inside the side property
line extended and shall be determined by the building department.
(12) In no instance shall any structure extend more than twenty-five
(25) percent of the width of the water.
(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.
Page 8of10
Floating vessel platforms may be installed with minimum side
setbacks as specified above for docks, and with maximum waterside
extension as specified above for dolphin poles and mooring posts.
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:
(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 of such 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 lakeward of the
bullchead 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 areas may have upon any construction
done in accordance with this division.
(3) No pier shall extend beyond a line fifty (50) feet waterside from
Page 9 of 10
and parallel 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 parallel to the pier center
line or closer than forty (40) feet to any part of another pier.
(7)
All piers and dooks shall be eenstrueted with all )Rents
beams,
iiiCzaEliiig piling, cceElfs, @ce., Evirrcravcccr-vrzcirsorE@ Eoiicrec�
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 regard 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.
Page 9 of 10
(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 of the side property line extended.
(11) Freestanding wave breaks shall not be permitted.
(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
parallel to the bulkhead no more than one hundred fifty (150) feet
from the bulkhead. No live-aboards are allowed. The upland
landowner shall not moor or anchor more than one (1) boat.
Floating vessel platforms may be installed with minimum side
setbacks as specified above for docks, and with maximum
waterside extension as specified above for piers.
Section 4. The revisions to Section 5-16 of the Village Code, expanding the scope of
mooring restrictions for private docks and piers from lagoons to all Village waterways, shall apply
prospectively only and shall not apply to contiguous parcels of waterfront real property that:
(1) are located along the North Palm Beach Waterway, West Lake, North Lake, Prosperity Harbor
or the Earman River; and (2) were owned by the same person or entity prior to the effective date
of this Ordinance.
Section 5. The provisions of this Ordinance shall become and be made a part of the Code of
the Village of North Palm Beach, Florida.
Section 6. 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 7. 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 8. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 26TH DAY OF APRIL, 2018.
PLACED ON SECOND, FINAL READING AND
(Village Seal)
ATTEST:
0�
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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