Ordinance 031 Bulkhead OrdinancePage i o ~
. ORDINANCE #31
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
REGULATING THE BUILDING UP OF LAND UPON THE SUBMERGID BOTTOMS IN LAKE WORTH AND THE
' TIDAL. WATERS WITHIN THE TERRITORIAL LINffTS OF SAID VILLAGE; PROPIDING THE ESTABLISHMENT
OF BULKHEAD LINES WITHIN SUCH WATERS; REGULATING DREDGING AND FILEIIdG OPERATIONS WITH
RESPECT TO SAID BULKHEAD LINES; PROVIDING FOR THE SUBMISSION OF APPLICATIONS PRIOR TO
THE COt~NCEMENT OF FIis.ING OR DREDGING OPERATIONS AND FOR THE FEES TO BE PAID IN
' CONNECTION THEREWITH; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT THEREWITH;
AND PROVIDING FOR THE ENFORCEMENT OF THE PROVISIONS OF THIS ORDINANCE AND FOR PENALTIES
FOR VIOLATIONS THEREOF.
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WHEREAS, the promiscuous and unregulated creation or building up of lands by
dredging and filling in the waters of Lake Worth and other tidal waters within the
territorial limits of the Village o£ North Palm Beach, Florida, is not always consis-
tent or compatible with the best interests, health, safety and general welfare of the
public; and,
WHEREAS, under authority vested in said Village of North Palm Beach, Florida,
by Chapter 57-362, Laws o£ Florida, Acts o£ 1957, and by House Bill 1lt19, Laws of Florida,
' Special Acta, 1957, which said laws became effective on June ll, 1957, and May 2l~, 1957,
respectively, the Village is empowered to establish bulkhead lines and to control and
regulate dredging and filling in the waters of Lake Worth and other tidal waters within
the territorial area of said Village; and,
WHEREAS, a public hearing has been duly held in accordance with the procedure set
forth in said statutes to consider the suggestions, proposals, comments, criticisms
and arguments of those residents, property owners and other interested parties attend-
ing or being represented; and,
WHEREAS, due consideration and careful deliberation have now been given to the
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foregoing and other matters,
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL QF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, as follows:
' Section 1. That there be and there is hereby established a comprehensive system
of bulkhead lines in the waters of Lake Worth and other tidal waters within the terri-
torial limits of the Village of North Palm Beach, Florida. Which said bulkhead lines
shall be along the lines indicated and shown in red on the maps attached hereto, made a
part hereof and which are marked respectively Bulkhead Maps 1 and 2,
Section 2. That from and after the effective date o£ this ordinance, no fill
shall be made, deposited or maintained in the waters of Lake Worth or other tidal waters
within the territorial limits of the Village o£ North Palm Beach, Florida, waterward or
outward from any shoreline, in such a'manner so that such fill shall extend beyond any
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bulkhead line as established and designated on the bulkhead maps referred to in Section
1 above.
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• Section 3. No person, firm or corporation may make or deposit any fill or
undertake the filling, creation or extention of land by pumping, dredging, pumping sand,
rock or earth or otherwise within the waters of Lake Worth or other tidal waters within
the limits of said Village, without first having received a permit therefor from the
' Village Council of the Village of North Palm Beach. Applications for such permit shall
be in writing and directed to the Clerk of said Village and shall be accompanied by a
surveyor's sketch plan of what is proposed to be done and shall also show the details o£
any proposed construction, the proposed areatn be filled, the area to be dredged for
' procuring fill material, 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. In the event such application be found by the Village Council not to
be violative of any statute, zoning law, ordinance, or other restriction which may be ap-
plicable thereto, or that no kiarmful obstruction to or alteration of the natural flow
of the adjacent navigable waters will arise from the proposed construction, or that no
harmful or increased erosion, shoaling of channels or stagnant areas of water will be
created thereby, or that no material injury or nonetary damage to adjoining land will
accrue therefrom, the same shall be granted to the applicant, subject, however, to the
approval of the Trustees of the Internal Improvement Fund o£ the State of Florida.
Prior to the issuance of such permit the Village Council may require such modification-
or change of specifications as may be deemed necessary to meet the purposes of this
' ordinance.
Section 1~. Each application for permit submitted to the Village Clerk shall be
accompanied by a fee of ~Z0.00 and such fee shall be payable whether or not the permit
therefor be granted or approved. If such permit is granted, the filing fee shall be
made in accordance with the plans and specifications designated in the application.
Each change in such plans or 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.
Section 5. All permits issued under Sections 3 and ~ hereof shall be valid for
• a period of two 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.
The renewal of any permit prior to sixty (60) days after its expiration may be gnanted.
For violation o£ or non-compliance with the terms of ouch permit, any permit issued may
' be revoked after notice of intention so to do has been communicated to the holder and
opportunity afforded within a reasonable Lime for a hearing thereon.
Section 6. No person, firm or corporation may make or place any fill in the
waters of Lake Worth until appropriate permission therefor shall be given by the Corp.
' of Engineers of the U. S. Army.
Section 7. Any fill which shall be made contrary to the provisions of this
ordinance shall be unlawful and subject to removal upon order of the Village Council.
Section 8. Any person, firm or corporation who violates this ordinance shall,
• upon conviction, be fined in an amount not to exceed Five Hundred Dollars ($500.00).
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• Section 9. Each day arty such unlawful fill or extension of land shall continue
to exist shall constitute a separate offense.
Section 10. If any sentence, phrase, section or other portion of this ordinance
be held invalid by a Court of competent 3urisdiction, such findings shall not effect
the validity of the remaining portions of this ordinance.
Section 11. All ordinances or parts of ordinances in conflict herewith are here-
by repealed, this section having particular applicability to those Ordinances of said
Village of North Palm Beach being numbered lb and 2!~ respectively.
' Section 12. This ordinance shall become effective upon its passage as provided
by law.
PASSED AND ADOPTID on first reading this 11th. day of February, 195$.
PASSED AND ADOPTID ON SECOND, FINAL READING AND PASSAGE the ~r T!~ day of
~ Fe~,w,.A.r ,~ , 195x.
S/ Richard E, Ross
Mayor
(SEAL)
ATTEST:
' S/ Robert Tu££ord
i age er
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