2019-07 Code Amendment - Seawall Construction StandardsORDINANCE NO. 2019-07
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
BY AMENDING ARTICLE I, "IN GENERAL," TO AMEND SECTION 5-1,
"DEFINITIONS;" AMENDING ARTICLE III, "CONSTRUCTION
REQUIREMENTS," BY AMENDING DIVISION 3, "BULKHEADS AND
SEAWALLS," TO AMEND SECTION 5-70, "SUBMISSION OF
SPECIFICATIONS AND PLANS," TO REQUIRE REVIEW BY THE
VILLAGE ENGINEER, AMEND SECTION 5-71, "SPECIFICATIONS," TO
UPDATE THE CONSTRUCTION AND ENGINEERING STANDARDS,
ADOPT A NEW SECTION 5-72, "MINIMUM DESIGN REQUIREMENTS
FOR SEAWALLS," TO ADOPT NEW DIMENSIONAL, COMPATIBILITY
AND ELEVATION REQUIREMENTS FOR SEAWALL CAPS AND ALLOW
FOR RECONSTRUCTION OF AN EXISTING SEAWALL OR BULKHEAD
BEYOND THE PROPERTY LINE IN SPECIFIED CIRCUMSTANCES,
AMEND SECTION 5-73, "INSPECTION," TO CLARIFY AND EXPAND THE
PERMITTING AND INSPECTION REQUIREMENTS; AMENDING ARTICLE III,
"CONSTRUCTION REQUIREMENTS," BY AMENDING DIVISION 4,
"DOCKS AND PIERS," TO AMEND SECTION 5-81, "DEFINITIONS,"
AMEND SECTION 5-82, "GENERALLY," TO CLARIFY THE UPLAND
PROPERTY OWNER, REQUIRE ALL CONSTRUCTION DOCUMENTS BE
SIGNED AND SEALED BY AN ENGINEER, REQUIRE SUBMITTAL OF
POLLUTION CONTROL PLANS AND REGULATE FENCING ON BULKHEADS
OR SEAWALL CAPS, AMEND SECTION 5-83, "MINIMUM DESIGN
REQUIREMENTS," TO MODIFY THE STANDARDS FOR DECKING
ELEVATIONS, FLOATING DOCKS, AND PILING, DOLPHINS AND TIE POLES;
AMEND SECTION 5-84, "REGULATIONS GOVERNING CONSTRUCTION
IN WATERS OTHER THAN LAKE WORTH AND ATLANTIC OCEAN," TO
UTILIZE THE PROPERTY LINE FOR MEASUREMENT AND CLARIFY
EXISTING PROVISIONS, AMEND SECTION 5-85, "REGULATIONS
GOVERNING CONSTRUCTION IN LAKE WORTH AND ATLANTIC OCEAN,"
TO UTILIZE THE PROPERTY LINE FOR MEASUREMENT AND CLARIFY
EXISTING PROVISIONS, AND AMEND SECTION 5-86, "VARIANCES," TO
AUTHORIZE VARIANCES FROM THE DIMENSIONAL REQUIREMENTS AND
CLARIFY THE PROCEDURE; AMENDING CHAPTER 7, "BULKHEAD LINES,"
OF THE VILLAGE CODE OF ORDINANCES BY AMENDING ARTICLE I,
"IN GENERAL," TO DELETE SECTION 7-1, "ESTABLISHED; DESIGNATED,"
AND AMEND SECTION 7-2, "FILLING OPERATIONS BEYOND BULKHEAD
LINE; PROHIBITED," TO REMOVE ALL REFERENCES TO BULKHEAD LINES
AND AMENDING ARTICLE II, "FILLING PERMIT," TO MODIFY AND
SIMPLIFY THE PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council wishes to amend Chapter 5, "Boats Docks and Waterways," of the
Village Code of Ordinances to, among other things: modify the definitions; update the permitting,
inspection and construction requirements for bulkheads, seawalls, docks and piers; provide minimum
and maximum elevations for seawall caps; allow replacement of an existing bulkhead or seawall up
to eighteen inches waterward of the rear property line; utilize the property line for measurement; and
clarify existing regulations and procedures; and
Page 1 of 18
WHEREAS, the Village Council also wishes to amend Chapter 7, `Bulkhead Lines," of the
Village Code of Ordinances to remove all references to bulkhead lines and modify and update
the requirements applicable to fill permits; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the interests
of the public 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 "whereas" clauses are hereby ratified as true and are incorporated herein.
Section 2. The Village Council hereby amends Chapter 5, "Boats, Docks and Waterways,"
by amending Article I, "In General," by amending to Section 5-1, "Definitions," to read as follows
(new language is underlined):
Sec. 5-1. Definitions.
As used in this chapter, unless the context indicates otherwise, the
following terms shall have the indicated meanings:
NAVD88 or the North American Vertical Datum of 1988 means the
vertical datum used for vertical control surveying in the conterminous United
States and Alaska.
Section 3. The Village Council hereby amends Chapter 5, "Boats, Docks and Waterways,"
by amending Article III, "Construction Requirements," to read as follows (new language is
underlined and deleted language is strieker tlff ,ug ):
DIVISION 3. BULKHEADS AND SEAWALLS
Sec. 5-69. Compliance with division required.
All bulkheads or seawalls to be constructed within the corporate limits of
the village shall meet the requirements set forth in this division.
Sec. 5-70. Submission of plans and specifications.
Plans and specifications for any bulkhead or seawall to be constructed
within the corporate limits of the village shall be submitted by an engineer
registered in the state and shall bear his or her certification and seal on the face
thereof. The village engineer shall review all applications for bulkhead or seawall
repair or reconstruction.
Page 2 of 18
Sec. 5-71. Specifications.
All bulkheads and seawalls to be heieefe constructed within the village
shat be of r -e read or prey sse never to eenstfue ie nN�
zcrl�f$ tfe-ss �zvx=�r��vrrs�ruc�zvirzrr�a shall besubject to
the following m;—,im„m requirements of this division. Material substitutions and
deviations and alternative construction methods may be administratively approved
with the mutual consent of both the village engineer and the village building
official.
(1) All materials and construction methods utilized in the construction
shall conform to the applicable portion of the latest edition of the
state departmPnt of tfanspoi4afio Florida Department of
Transportation (FDOT) -sStandard sSpecifications: for Road &
Bridge Construction. All precast prestressed concrete piles shall be
produced at an MOT certified prestress manufacturingfacility.
Ca Bulkheads and seawalls may be of either the king pile or concrete
sheet pile type.
All bulkheads and seawalls shall be capped with a continuous
reinforced concrete cap. All concrete corners shall be chamfered
three quarters of an inch (3/4") minimum.
Page 3 of 18
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Ca Bulkheads and seawalls may be of either the king pile or concrete
sheet pile type.
All bulkheads and seawalls shall be capped with a continuous
reinforced concrete cap. All concrete corners shall be chamfered
three quarters of an inch (3/4") minimum.
Page 3 of 18
The design of the bulkhead wall shall conform to recognized
engineering standards and calculation methods for bulkhead
structures and shall take into account the following:
Lq� Load and resistance factors applicable for the engineering
analysis and design of the wall;
Differential hydrostatic pressure due to tides and
stormwater runoff.
Lc� Surcharge loads on the bulkhead wall;
U Potential for erosion at the toe of the wall; and
fD Backflow prevention for drainage outfalls, where applicable.
The dimensions of each component of the concrete wall shall be
sized so that the concrete cover over the steel reinforcing bar is a
minimum of four inches (4") for all external surfaces and surfaces
exposed to saltwater and cast against earth and a minimum of three
inches (3") for all formed surfaces not in contact with saltwater.
Sec. 5-72. Reserved Minimum Design Requirements for Seawalls.
All bulkheads and seawalls constructed shall within the village shall
comply with the dimensional and compatibility requirements of this section. The
provisions of this section shall not apply to repairs to existing bulkheads and
seawalls where the total cost of the repairs is less than fifty percent (50%) of the
replacement cost of the bulkhead or seawall.
(1) Seawalls and bulkheads shall not be constructed beyond the rear
property line, ine, provided however, a property owner may reconstruct
an existing seawall or bulkhead no more than eighteen inches (18")
waterside of the property line. Any extension waterside beyond
eighteen inches (18") from the property line shall only be approved
by the village council in accordance with the fill permit process set
forth in chapter 7 of this code.
(2) Seawall caps shall extend no farther than three feet (3') from the
wet face of the seawall or bulkhead or the rear property
whichever is greater. A portion of the seawall cap may exceed this
limitation provided that it meets the required setbacks and
dimensions for docks.
(3) The seawall or bulkhead cap shall be placed at the following
established minimums and maximum cap elevations:
Page 4 of 18
Property Location
Minimum Cap Elevation
Maximum Cap Elevation (NAVD88)
Zone X & X500 — not in
Four feet (41�
NAVD88
Six inches (6") above grade or four feet
the FEMA Special Flood
and six inches (4'6") NAVD88, whichever
Hazard Area or Coastal
is greater. Ther� ade (natural elevation)
High Hazard Area
shall be calculated by selecting a minimum
of two (2) elevation points within 1 foot (1')
of the rear property line on each adjoining
side property line and calculating_ the average
of the selected elevation points.
In the FEMA Special
Four feet (41)
NAVD88
Six inches (6") above grade as defined
Flood Hazard Area or
above or five feet (5') NAVD88, whichever
Coastal High Hazard Area
isrg eater_
with an established base
flood elevation (BFE)
In the FEMA Special
Five feet (5')
NAVD88
Six inches (6") above grade as defined
Flood Hazard Area or
above, or six (6') NAVD88, whichever is
Coastal High Hazard Area
greater, or
Equal in elevation to BFE shown on the
with an established base
flood elevation (BFE
and in the waters of the
flood insurance rate map published by the
Intracoastal, Lake Worth
Federal Emergency Management Agency
or the Atlantic Ocean
(FEMA), provided that mitigation measures
for aesthetic compatibility and other impacts
to adjacent properties for seawall cap heights
greater than six feet (6') NAVD88 are
approved by the Community Development
Director, the Village Engineer and the
Building Official.
(4) Seawall caps placed at an elevation greater than the adjacent
property shall provide a wall return of the same material and type as
the seawall cap. All areas visible from adjacent cent property shall have
a finished appearance equivalent to or better than painted concrete
stucco. The height of any wall or fence placed on top of the return
shall be measured from the grade of the adjacent property
Sec. 5-73. Permitting and Inspection required.
After- is a eV1TLTG[eiTtFtiTTLCICGeS7TT'rGTelof
CoTJIue seawall of bRl"eat, thework
shall
be siibjeet t��
folio ;,,,.- ; A eetionrrequir-e-me t�the village building inspeeton All seawalls
and bulkheads shall be subject to the following_ permit and inspection requirements:
Permitting. In addition to building and zoning review, the village
engineer shall review all permits for seawalls and bulkheads for
structural integrity and consistency with the requirements of this
division. All pennit applications shall include the following information:
Page 5of18
Engineering_ plans signed and sealed by a professional
engineer licensed in the State of Florida.
A Standard Penetration Test (SPT) soil boring report
containing the required soil design parameters for the
location of the proposed wall prepared by geotechnical
engineer licensed in the State of Florida. The location and
required depth of the boring shall be determined by the
geotechnical engineer. The depth of the boring shall be a
minimum of five feet (5') lower than the deepest component
of the proposed bulkhead wall.
O A soil boring profile signed and sealed by the geotechnical
�g) Documentation demonstrating that all concrete satisfies the
requirements of ACI 318 Exposure Class C2.
Plans demonstrating that exposed steel tie back anchor rods
and other anchors shall be coated with a heavy-duty
protective coating to prohibit corrosion.
Q A copy of the pollution control plan required by the Florida
Department of Environmental Protection (FDEP) permit
depicting the location and types of pollution control
mitigation measures. During the course of construction, the
permittee shall be required to submit to the village all
reports required by the National Pollutant Discharge
Elimination System (NPDES) permit prior to the village's
issuance of a certificate of occupancy.
(�2) Inspection. The permittee shall notify the village building inspector sha44
be -at least forty-eight (48) hours prior to the following events so as to
allow for inspection:
D present dtifing the first installation of any structural support,
including a king pile or suppeft concrete sheets
and shallinspeet the site prior- the backfilling of structural
supports, including any anchors or tie rodsi and
Page 6of18
engineer.
A plan view of the proposed bulkhead wall
clearly
indicating the location of the soil boring.
Le�
A cross section of wall indicating the channel
bottom
elevation, the cap elevation and identifyin the he type,
size
and location of wall components.
fn
Fundamental soil data from the soil boring used
in the
design including saturated and submerged unit soil weight,
coefficient of active pressure, coefficient of
passive
pressure, friction angle (for cohesionless soils),
and
cohesion (for cohesive soils).
�g) Documentation demonstrating that all concrete satisfies the
requirements of ACI 318 Exposure Class C2.
Plans demonstrating that exposed steel tie back anchor rods
and other anchors shall be coated with a heavy-duty
protective coating to prohibit corrosion.
Q A copy of the pollution control plan required by the Florida
Department of Environmental Protection (FDEP) permit
depicting the location and types of pollution control
mitigation measures. During the course of construction, the
permittee shall be required to submit to the village all
reports required by the National Pollutant Discharge
Elimination System (NPDES) permit prior to the village's
issuance of a certificate of occupancy.
(�2) Inspection. The permittee shall notify the village building inspector sha44
be -at least forty-eight (48) hours prior to the following events so as to
allow for inspection:
D present dtifing the first installation of any structural support,
including a king pile or suppeft concrete sheets
and shallinspeet the site prior- the backfilling of structural
supports, including any anchors or tie rodsi and
Page 6of18
Lc) bGefe the pouring any cast -in-place constructions and
befere the final cap pouring.
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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:
Pier means a dock that extends more than five (5) feet from the property
line and is perpendicular to a bulkhead or shoreline.
Sec. 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 add acent upland landowner. For the
nuraoses of this section, upland shall be defined as _a buildable lot
with a zoning designation and legal access and shall not include
upland portions of a canal right -of -waw
(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.
(d) The length or width of a dock or pier, as applicable, shall include
all protrusions therefrom.
Cej All construction documents for new docks or piers or
modifications to docks or piers shall be signed and sealed by
professional engineer licensed in the State of Florida.
f Where applicable, applications for a building permit must provide
a copy of the pollution control plan required by the Florida
Department of Environmental Protection (FDEP) permit depicting
the location and types of pollution control mitigation measures.
Side property line fencing on waterfront lots may extend
....:.....
waterward beyond the rear property line to the edge of the
bulkhead or seawall cap and any fencing affixed to a bulkhead or
seawall cap must be constructed of aluminum or equivalent.
Page 7of18
Sec. 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 throe and five tem .$) feet above mean non
level of two and one-half feet (21/2') NAVD88 and at a maximum
elevation equal to the elevation of the adjacent bulkhead or seawall
M. The steps from the- nr,,,,n „r bulkheaeapd sha]4 not exeeed
seven
(7) innhna..-for- Ann_h_stnri
(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
steel
p lastin pipe filled with pe reek eenerete nn�
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s -hall
piling may
allowed when properly
cstfuetur-a4 y designed prestressed concrete,
steel pipe or timber.
(e) Floating vessel platforms.
(1) 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 designed by a
Professional Engineer licensed in the State of Florida.
(2) 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.
(3) Floating 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.
(f) Construction material. Construction material for piers and docks
shall meet the following requirements:
(1) Piling, dolphins and tie poles.
a Miaim„m bot4om penetration is G�Six (6) �
Piles, dolphins and tie poles shall have enough
penetration into subsurface soils to resist the
horizontal design loads.
Page 8of18
IN
hoops eight (8) inehes on eente Piles shall be
prestressed concrete or steel. The properties, number
and spacing shall be selected to resist the horizontal
design loads.
(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) BlooIc-s Existing bulkhead. If a dock or pier is to be
supported by an existing bulkhead, fur ine by four "'^'�
blvtY%equa4 sha4l leo beltedto bulkhead wall;
shat be bolted to four --"'yfetif ineh blee s the
permittee shall demonstrate by performing a structural
analvsis that the existing bulkhead is capable of supporting
the applied dock or pier loads.
(g) Structural equivalents permitted. Docks and piers of other design
and material may be permitted when structurally equivalent to the
above and approved with the mutual consent of both the village
engineer and the village building official.
(h) Commercial docks and piers. All commercial docks and piers are
to be designed by a Florida registered professional engineer.
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Page 9of18
.
(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) BlooIc-s Existing bulkhead. If a dock or pier is to be
supported by an existing bulkhead, fur ine by four "'^'�
blvtY%equa4 sha4l leo beltedto bulkhead wall;
shat be bolted to four --"'yfetif ineh blee s the
permittee shall demonstrate by performing a structural
analvsis that the existing bulkhead is capable of supporting
the applied dock or pier loads.
(g) Structural equivalents permitted. Docks and piers of other design
and material may be permitted when structurally equivalent to the
above and approved with the mutual consent of both the village
engineer and the village building official.
(h) Commercial docks and piers. All commercial docks and piers are
to be designed by a Florida registered professional engineer.
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Page 9of18
M'CCGGTILCI-and eenstfuetion u.�i Lo'bethe
pier pilings.
(i) Commercial marinas. All fixed docks and piers to be constructed
in commercial marinas shall be concrete or equal.
$ut4ef piles are be designed by n Florid registcar_ca�-
Pfofessiolflal engineer-.
(J) A building Permit shall be requ re prior to eonstr_l etioN
a4 batter piles.
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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:
Page 10 of 18
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 requiring that it mirror the dock or pier
constructed on the adjacent property. No permit 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 faee-e-f
the bulkhead waterward from the rear property line.
Notwithstanding the foregoing, floating docks constructed within
the North Palm Beach Waterway may extend a maximum of ten
(10) feet out from the faee-of the bulkhead wall waterward from
the rear property;; provided, however, that the mooring of
vessels to such extended floating docks, for purposes other than
loading or unloading, is prohibited.
(6) a: Piers shall not exceeding six (6) feet in width and shall not be
closer to the side property line extended than half of its extension
waterside from the rear property line.
Piers may extend waterside a maximum distance from the rear
property line as follows:
a. fifteen (15) feet into lagoons --
b. twenty (20) feet into the North Palm Beach Waterways
C. twenty-five (25) feet into West Lake;, and
d. forty (40) feet into North Lakez
e. fogy 40) feet into Prosperity Harbor for properties on Teal Way;
f. not more than twenty-five (25) percent of the waterway
width of the Earman River; however -,
Page 11 of 18
a 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.
b. Piers leeated
o Teal Way in
Pres erity Harber may not rwnncad
six (6) foot ire :,A4 tl-, and shin 1 leo a mirk4ty (4 0) fent in length.
Piefsleeated per- this :7eetishall not be eloser to the side prepeFty
line e-xte-nded than half of its -extension waterside of the bulkhead.
(7D In lagoons, dolphin poles, wave breaks, mooring posts, mooring
buoys or floating anchors shall be placed a maximum of twenty (20)
feet from the Mase of the bulkh rear property line or the shore-
provided, however, that Wwave breaks shall be allowed only at
lagoon entrances opening into Lake Worth.
(8j 0) 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 faee of the bulkhe-aa rear property line or
the shore.
(911) 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
rear property line or the shore.., provided, however, that -Wwave
breaks shall be allowed only at the entrance to Lake Worth.
(4.912) 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 bulb rear property line or the shore.
(41-13) Dolphin or mooring post location shall be inside the side property
line extended and shall be determined by the building department.
(�14) In no instance shall any structure extend more than twenty-five
(25) percent of the width of the water.
(1 21For-` purposes
y�.�y. this etion, the �n�ftho bulkhead wall s n11
r-efer to the water -front -face of a Fetaining all of
appre� nrl
materials eenstrueted adjaeent to navigable watefs and shall not.
includeethe sea-wall nap, batter piles or king piles.
(1415) 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.
Page 12 of 18
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 bul-khead rear property line or- land of `
the � "� in Lake Worth,
or the mean low-water mark of the Atlantic Ocean, shall meet the following
regulations and requirements:
The design 6f any pier to
be nevisC2"l.{CLeid under he 0f
state,
bearing the eertif cation and sea! sueh e-gineen
(21) 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
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 areas may have upon any
construction done in accordance with this division.
(32) No pier or finger pier shall extend beyond a line fifty (50) feet
waterside from and parallel to the bulb rear property line of
the village.
(43) The centerline of all piers shall be on a uniform alignment.
(54) Piers may be constructed with "L" heads or "T" heads of fifty (50)
feet. A finger pier extending from the "L" or "T" head 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.
(65) 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.
(76) Piers shall have a maximum width of ten (10) feet, and a minimum
width of six (6) feet.
(�7) Dolphins or mooring posts may be installed adjacent to piers, with
location to be determined by the building department.
(98) 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.
(1Q9) 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.
(4-10) Freestanding wave breaks shall not be permitted.
Page 13 of 18
(4.211) 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 bulgy rear property line. No live-aboards are allowed.
The upland landowner shall not moor or anchor more than one (1) boat.
(112) 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.
Sec. 5-86. Variances.
The board of adjustment created and described in section 21-21 of this Code
shall have the power to authorize upon
po appeal sue a variance from the dimensional
terms requirements of this division in accordance with the criteria and procedures set
forth in that section. seetien 5 85(21�i11nnot ntrary *oth�b1ic—tee
seetions of the village Code as they pertain to properties leeatin� A:M I
ted — Lake WO
will result in unneeessar-y and undue hardship. in ordef to authorize
from the tei!ms of these seetions of the village Code, the board of adjustfflel# fflus
find thef-aeters set fgAh in 2c(3)(a) (b) (e)--
"(3) (a)
e)
1() (a) To auffi
r��t
Ordiflanr��
n
leo npontrnry
appeal S'GCeh
to
t+l�o��v»�
var-ianee
he
from
interest
the
�s`rl�o�yV/n�Zy
tef s
+1�o
of
inn^�n�c;,�,�i^r;Nll,
�speeia4 ee Iditi7n�iter-
would r-esult in twineeessary
! enforeement
and
undue
of tprovisions
hardship.
in order-
of
to
theor-
atAhorize
1NnNee
any
4-om the tefms
111 Th
of the
7
the board
of adjustment
nmst
fi
p -eulia
enrol
eial '
to the
are
�t�
rtion s—�1a"i-%L-eir-eumstc�
land,
nirniimc.ta,l
etuf -�, or
l -i 1.1.o
ees
111d
building
" ov;at
exist
Y1g
�irhinh
w
'1 oly
arca
ieh are
e and
�'hieh
aG
i
not
applieable
Cher-
lands,
1N11
ctL ,
{N�..��
str e •fes
ot.11 f
hbui-ldings-
in t13
3
;
t
11 That
44t�i
from thee_"'-aetions
113That
ti
"1'1y1G1spee
of the
e �rnrianee
applinar,t
req esterl
drill
not
eonfer
�1r1_+he
plica
efdinanee
n
to
other lnni-1c.
ivilege
leu;lrlinettffes
that
iTC'aenie'a'
by this
i the
name zoning
114That literal
would
distrint•
interpretation
deprive
9
the app,lieant
of the pr-oyisions
ofy
��rrthta
of
the or-
._ _-
eommonly
inanee
enjeye
-
tinder
" r•
u NR ee
115. That the
etheeTrJ�efie��
the er
Lal la Fy and
v *] TGriVV
Tof
undue
tante
��ri
hardship
Gh
a� 7
L is the minimum
snLCJ
ee
n the applieant•
Ze
and
y rianee
ng
ollld
would
that
dist-r;nt
•I tori,
dr ill
make
pos-Slhvr%ea.
t%rv�"S%311"hvle�Qf
the
land?
building
or
stri i nti f
116. That the
res
grant
the y
of
r
' anee- will
be in
ai!fnon,
, with
th e
Q�ern�tent
\ ..
-y�rn�.e
�e.7711
et e wisev
trill
detrimental
anpurpose
of be�li�
to
the
of the
to
p4he
or-dinLanee
are
area
and that
_ involved
�JL'[G77
Page 14 of 18
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Section 4. The Village Council hereby amends Chapter 7, "Bulkhead Lines," of the Village
Code of Ordinances to read as follows (new language is underlined and deleted language is
s tri eke 4ffe u g )
CHAPTER 7. BULK14EAD LINES FILL PERMITS
ARTICLE I. IN GENERAL
See. 7-1. Established; .
the waters of hake WeAh and other- tidal waters within the territorial limits of
village, and stieh bulkhead lines shall be along the lines indileated and shown in
red on the maps attalehed hereto, made a paft hereof-, and whieh are ma-Fk
Fiespeetively bulkhead. i 2, 3 and n
Sec. 7-12. Filling operations beyond bulkhead propertyline; prohibited.
No fill shall be made, deposited or maintained in the waters of Lake Worth
or other tidal waters within the 'Cecil corporate limits of the village, waterward or
outward from any shoreline, in such a manner so that such fill shall extend
beyond any bulkhead property line except as provided in article II below as
established and designated on the bulkhead maps -Fieferred to in seetion 7 1 abev-e.
Sec. 7-23. Unlawful fill; removal.
Any fill which shall be made contrary to the provisions of this chapter
shall be unlawful and subject to removal upon order of the village council.
ARTICLE II. - FILLING PERMIT
Sec. 7-16. Required.
La� No person may make or deposit any fill or undertake the filling,
creation or extension of land by pumping, dredging, pumping sand, rock or earth
or otherwise within the water of Lake Worth or other tidal waters within the limits
of the village without first having received a permit therefor from the village
council. All filling shall be made in accordance with the plans and specifications
designated in the application for such permit.
Page 15 of 18
(b) Notwithstanding the foregoing, a fill permit shall not be required
for any fill associated with the replacement or reconstruction of an existing
seawall or bulkhead no more than eighteen (18) inches waterward of the property
line as provided in section 5-72(1) of this code.
Sec. 7-17. Public hearing K A ' site
(a) Before any petition or application for a permit to fill or dredge
submerged lands loeated v4thin the eofporate lim4s of the village may be eonside+e
by the village eouneil, the advisability of issuing sueh permit shall be eonside
at a publie hearing at least ten (10) days prior- to the meeting at whieh stieh petition or
applie-ation shall be eonsidered by the village eou The village council shall
consider all applications for a fill permit at a duly noticed public hearing.
(b) Notice of the public hearing shall be dive not loss
than to ( 0
days pfier to the publie hea-Fing by means of the village newslet4er- of other- diree
mail to all residei4s of the village and also by posting in t4ee (3) L . WS
plaees in the village, one (1) of w-hieh plaees sha4l be at the village published
in a newspaper of general circulation at least seven (7) days prior to the hearing at
which the application is considered. Additionally, notice shall be mailed to all
property owners of record within three hundred (300) feet of the property to
which the application relates, as derived from the official tax roll of Palm Beach
County, at last ten (10) days prior to the hearing. The applicant shall provide an
affidavit attestingL to the completeness and accuracy of the property owner's list
and confirming that the notice was sent to all property owners included on the list.
The notice shall contain the following information:
A brief description of the fill permit application;
Time, date and location of the public hearing;
( The street address of the property upon which the fill activities are
proposed (or in the event there is no address a legal description and
location map); and
Name, address and telephone number of the office where
additional information may be obtained.
(c) The terms of this chapter shall be in addition to any terms set forth
in this Code which are concerned with applications for dredge and fill permits,
and shall not be considered to be in lieu of any requirements contained herein.
Sec. 7-18. Application; issuance.
(a) Applications for the permit required by this article shall be in
writing and directed to the village community development director and
shall be accompanied by a surveyor's sketch plan of what is proposed to be done
and shall also show the details of any proposed construction, the proposed area to
be filled, the area to be dredged for procuring fill materials, if the proposed
construction is intended to be created from dredged material, and such other
information and data as may be pertinent to the proposed filling.
Page 16 of 18
(b) The village council shall not grant any fill permit that would
violate in the event sueh appheation be tbund by the village eounet! not to
violativeo any statute, zoning law, ordinance or other applicable restriction.
w-hieh may be-applieable-thereteIn determininiz whether to grant, grant with
conditions or deny anypermit application, the village council shall consider:
LD whether any that no harmful obstruction to or alteration of the
natural flow of the adjacent navigable waters will arise from the
proposed constructionz, er
whether any that harmful or increased erosion, shoaling of
channels or stagnant areas of water will be created thereby2 of and
whether any that no material injury or monetary damage to
adjoining land will accrue therefrom the proposed activities. a
permit•"sha4l be granted to the appTVTant, subjeet, however-, All fill
permits are subject to approval by the trustees of the internal
improvement fund of the state and by the U.S. Army Corps of
Engineers, as applicable.
Sec. 7-19. Application fees.
Each application f efmit fequired by this aftie e r„�,miRe,a to +�,o
li—ctr�r 1V UVLVLLLLI�I.VtL VV {.11V
village elerk shall be accompanied by a deposit of the estimated costs of the
village in processing the application. Upon the village determining the actual
costs, applicants shall pay the balance, if any, in full of such costs including
advertising and cost of review by the village engineer prior to final consideration
of the application by the village council. If the deposit exceeds actual costs, the
balance shall be refunded to applicant. Each change in plans and specifications
subsequent to the issuance of a permit shall be the subject of a new or
supplemental application and a like fee shall be paid upon the filing of such
application as was paid in the case of the original application.
Sec. 7-20. Expiration date; renewal; revocation.
(a) All permits issued under this article shall be valid for a period of
two (2) years from the date thereof, but shall be automatically revoked if the
proposed work is not completed within such period except for good cause shown.
(b) The renewal of any permit prior to sixty (60) days after its expiration
may be granted by the community development director for good cause shown.
(c) For violation of or noncompliance with the terms of a permit, such
permit may be revoked after notice of intention to do so has been communicated
to the holder and opportunity afforded within a reasonable time for a hearing
thereon before the village council.
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.
Page 17 of 18
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 11TH DAY OF JULY, 2019.
PLACED ON SECOND, FINAL READING AND PASSED THIS 25TH DAY OF JULY, 2019.
(Village Seal)
ATTEST:
� VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
�p
VILLAGE ATTORNEY
Page 18 of 18
MAYOR