HomeMy WebLinkAboutDocumentation_Environmental Advisory Committee_Tab 02_7/10/2024 Agenda Item #2.
Environmental Advisory Committee (EAC)
STAFF MEMO
Meeting: Environmental Advisory Committee (EAC) - Jul 10 2024
Staff Contact: Jay Hubsch Department: Community Development
Living Shorelines Draft Code
The Village Council has tasked staff with creating a living shorelines code. Staff workshopped living
shorelines concepts with the EAC at the December 13, 2023 meeting and with Village Council at a
January 29, 2024 workshop. A draft living shorelines code has been drafted based on discussions at
those meetings. Additionally, after staff has conducted a further review of the Village code, new code
provisions for bulkheads and seawalls and fill permits have also been added to the draft code.
The draft code is attached, and staff will give a presentation summarizing the code changes at the
EAC meeting.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
BUDGET • - •
BUDGET AMOUNT n/a AMOUNT AVAILABLE n/a EXPENDITURE AMOUNT: n/a
FUNDING SOURCES: n/a IS THIS A PIGGYBACK:
❑ Yes ❑ N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes ❑ N/A
COMMENTS/EXPLANATION ON SELECTIONn/a
Living Shorelines, Seawall, and Fill Permit Code
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Agenda Item #2.
PART II-CODE OF ORDINANCES
Chapter 76 WATERWAY CONTROL
Chapter 76 WATERWAY CONTROL'
ARTICLE 1. IN GENERAL
Sec. 76-1. Jurisdiction.
The purpose of this chapter is to provide regulations for boating operations, as well as the
construction, maintenance and use of docks, piers, pilings, bulkheads and revetments, boatlifts
and other similar structures associated with the operation, parking and storage of watercraft
within the public waters of the state comprising the Loxahatchee River and the intracoastal
waterway and all creeks, canals or waterways or tributaries connected therewith, located
within the geographical boundaries of the village.
(Ord. No. 7-12, § 1, 6-14-2012)
Sec. 76-2. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning. All words used in the present tense include the future; all words in the
singular number include the plural and the plural the singular.
Canal width with respect to any dock or pier to which the measure applies, means the
straight line distance between the edge of the adjacent property on one side of the canal,
measured to the nearest point of the edge of the adjacent property on the opposite side of the
canal, as set forth on the applicable recorded plats.
Dock means a fixed or floating structure, including moorings, on or over submerged lands,
used for the purpose of berthing buoyant vessels or for fishing, swimming, or viewing the
waterway.
Dolphin means a cluster of closely driven piles used as a fender for a dock or as a mooring
or guide for watercraft, but not used as a channel marker or dock piling.
Mean high water means the average height of the high waters over a 19-year period, or,
for shorter periods of observation, the average height of the high waters after corrections are
'Editor's note(s)—Ord. No. 7-12, § 1,adopted June 14, 2012, amended chapter 76 in its entirety to read as herein
set out. Former chapter 76, §§76-1-76-7,76-20, pertained to similar subject matter,and derived from Ord.
No. 12-10, § 1, 12-9-2010; Ord. No. 10-11, § 1, 6-9-2011.
Cross reference(s)—Buildings and building regulations,ch. 14;community development,ch.22;environment,ch.
30; natural resource protection, ch. 50; planning and development,ch. 62; subdivisions,ch. 66.
Tequesta, Florida,Code of Ordinances Created: 2024-01-31 17:41:55 [EST]
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Agenda Item #2.
applied to eliminate known variations and to produce the result of the equivalent of a mean 19-
year value. Alternatively, mean high water may mean the average height of the high waters as
established and accepted by the U.S. Army Corps of Engineers.
Mean high-water line means the intersection of the tidal plane of mean high water with
the shore or canal edge.
Mean low water means the average height of the low waters over a 19-year period, or, for
shorter periods of observation, the average height of the low waters after corrections are
applied to eliminate known variations and to produce the result of the equivalent of a mean 19-
year value. Alternatively, mean low water may mean the average height of the low waters as
established and accepted by the U.S. Army Corps of Engineers.
Mean low-water line means the intersection of the tidal plane of mean low water with the
shore or canal edge.
Mooring piling means a post, pillar, piling or stake used for the purpose of berthing
buoyant vessels either temporarily or indefinitely, for a finite period, whether or not used in
conjunction with a dock.
Pier shall have the same meaning as "dock".
Protrusion means the encroachment of any part of any dock, pier, piling, boat lifting
device, moored watercraft (including the watercraft's outboard motors or inboard propellers or
lower unit transmissions and propellers, its navigational lights, its ladders, and any other
appurtenances attached to the watercraft) or any combination of these, into a prohibited area.
Setback shall have the same meaning as set forth in chapter 78, zoning.
Waterway width, with respect to any dock or pier to which the measure applies, means
the straight line distance from the point at which the centerline of the dock or pier intersects
the mean high-water line, measured to the nearest point on the mean low-water line of the
opposite shore of the waterway.
(Ord. No. 7-12, § 1, 6-14-2012)
Sec. 76-3. Commercial docks.
(a) No commercial docks shall be permitted within the R-1, R-1A and R/OP districts.
(b) Docks, piers, mooring devices and seawalls located within the single-family dwelling
districts R-1 and R-1A shall be for single-family use only. This section shall not be read to
prohibit docks, piers, mooring devices and seawalls owned or operated by any
homeowners association for the benefit of its members. Further, nothing herein shall
prevent any homeowners association from adopting rules and regulations governing the
use of association owned or operated docks, piers, mooring devices and seawalls for the
benefit of its members.
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Agenda Item #2.
(Ord. No. 7-12, § 1, 6-14-2012)
Sec. 76-4. Boathouses and boat shelters.
No boathouse or enclosed boat shelter shall be permitted to be located waterward of a
seawall or mean high-water line, whichever is applicable.
(Ord. No. 7-12, § 1, 6-14-2012)
Sec. 76-5. Anchoring of vessels.
(a) No person shall anchor or cause, permit or allow any other person under his control or
command to anchor any live aboard vessel within the R-1 and R-1A single-family dwelling
districts, for a period of time in excess of 72 continuous hours during any consecutive 30-
day period, unless such vessel or watercraft is anchored in an approved mooring area with
the consent of the owner of such approved mooring area.
(b) The anchoring of live aboard vessels in all districts shall be at an approved mooring area
and secured by approved methods and/or devices.
(c) For the purpose of this section, "live aboard vessel" shall mean:
(1) Any vessel being used as a living unit for use on water and/or fitted for use as a
dwelling and/or with sleeping accommodations;
(2) Any vessel represented as a place of business, or professional or other commercial
enterprise, and providing or serving on a long-term basis the essential services of
functions typically associated with a structure or other improvement to real property,
and, if used as a means of transportation, such use is clearly a secondary or subsidiary
use; or
(3) Any vessel used by any club or any other association of whatever nature when clearly
demonstrated to serve a purpose other than a means of transportation.
(4) Commercial fishing vessels are expressly excluded from the term "live-aboard vessel.
(Ord. No. 7-12, § 1, 6-14-2012)
Sec. 76-6. Discharge of refuse.
No person shall discharge, or permit or allow any other person on a vessel or watercraft
under his control or command to discharge, any human or animal excreta from any head, toilet
or similar facility on any vessel or watercraft, or throw, discharge, deposit or leave, or cause or
permit to be thrown, discharged, deposited or left, from any vessel or watercraft any refuse
matter of any description into the waters located within the area to which this article applies.
(Ord. No. 7-12, § 1, 6-14-2012)
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Agenda Item #2.
Sec. 76-7. Variances.
(a) Any person desiring a variance from the terms of this chapter shall make application for
such variance to the planning and zoning board of the village in accordance with the
procedures set forth in this section.
(b) In order to authorize any variance from the terms of this chapter, the planning and zoning
board must find with respect to the proposed project as follows:
(1) The variance being requested meets the definition of the term "variance" as that term
is used and understood in chapter 78, zoning.
(2) No hazardous condition would be created.
(3) The flow of water would not be impeded or interfered with.
(4) No obstruction to navigation would occur.
(5) It would not interfere with traditional public uses of the waterway including, but not
limited to, swimming, fishing, or boating.
(6) It would not create an appreciable obstruction of waterway views or otherwise
detract from aesthetic values.
(7) It would not appreciably disrupt, interfere with, or disturb marine or benthic life.
(8) It would not contribute to the pollution of the waterway or the degradation of its
condition.
(9) It would not interfere with the lawful rights of riparian owners.
(10) It would be consistent with any other applicable laws, rules or plans.
(Ord. No. 7-12, § 1, 6-14-2012; Ord. No. 8-15, § 1, 6-11-2015)
Sec. 76-8. Maintenance.
Any structure or device constructed, erected or installed pursuant to this chapter shall be
kept in good repair by the by the owner thereof and shall be subject to removal by the village in
the event that such structure or device is determined to be unsafe or to create a navigation
hazard by the village's building official or engineer. Any cost incurred by the village associated
with said removal shall be assessed against the owner; however, notice and opportunity for a
hearing pursuant to F.S. ch. 162 , shall be afforded to the owner prior to such removal by the
village.
(Ord. No. 7-12, § 1, 6-14-2012)
Secs. 76-9-76-19. Reserved.
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Agenda Item #2.
PART II-CODE OF ORDINANCES
Chapter 76-WATERWAY CONTROL
ARTICLE II. DOCKS, PIERS AND MOORING STRUCTURES
ARTICLE 11. DOCKS, PIERS AND MOORING STRUCTURES
DIVISION 1. ADJACENT TO THE LOXAHATCHEE RIVER WATERWAY OR INTRACOASTAL
WATERWAY
Sec. 76-20. Dock and pier length, width and configuration.
(a) No dock or pier shall be constructed which extends waterward from the mean highwater
line in excess of the least of the following distances:
(1) Seventy-five feet;
(2) Ten percent of the waterway width; or
(3) The distance from the point at which the dock or pier intersects the mean highwater
line measured in a straight line to the nearest point on the three-foot mean low-
water line; provided, however, the foregoing limitations shall not prohibit a dock
which does not extend waterward from the mean high-water line in excess of six feet.
(b) No dock or pier area shall be constructed with a maximum width in excess of six feet.
(c) No dock or pier shall be located less than 25 feet from the waterward extension of the
property line of any adjoining riparian property owner.
Tequesta, Florida,Code of Ordinances Created: 2024-01-31 17:41:55 [EST]
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Agenda Item #2.
25' 25'
25' Setback Areas Into I
Which "B"s Dock.May I
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(d) Any dock or pier shall be deemed to comply with this section if the waterward end of the
centerline of the dock or pier is equidistant from the nearest points at which the property
lines of adjoining property owners intersect the mean high-water line.
"A„
ProperLy Line
/pC°Perti`! Dock deemed to comply with setback
requirement though less than 25 feet
from property lines
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(e) Mooring or dolphin pilings may not be located within ten feet of the waterward extension
of the property line of any adjoining riparian property owners, or more than 15 feet
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(Supp. No.36)
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Agenda Item #2.
waterward of a line perpendicular to and passing through the waterward end-point of the
centerline of any dock used with the same riparian property. If more than one dock is in
use with the same property, the end-point of the dock extending furthest from the mean
high-water line shall be used.
10' Wide Areas into which
"B"s Mooring Pilings May
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(f) All sections or areas of any dock or pier which intersect at any angle with the main portion
of a dock or pier extending from the shoreline may not exceed a total combined length of
20 feet.
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Agenda Item #2.
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(g) The total area of all docks and piers located on any riparian parcel shall not exceed 500
square feet for the first 150 linear feet of that parcel shoreline. The total area of all such
docks and piers may thereafter be increased by 250 square feet for each additional linear
50 feet of that parcel shoreline.
(h) Mooring devices such as boat lifts, davits and whips shall not be considered in computing
the required length, width and configuration of docks or piers regulated by this division.
Neither shall the reconstruction, alteration or new construction of mooring devices such as
boat lifts, davits and whips be considered as structural alterations for purposes of
determining whether or not such reconstruction, alteration or new construction is an
extension of a nonconforming use. However, this exemption shall not apply to structural
alterations which affect the length, width and configuration of a dock or pier, exclusive of
the alteration of any mooring device affixed or accessory thereto.
(Ord. No. 7-12, § 1, 6-14-2012)
Secs. 76-21-76-25. Reserved.
DIVISION 2. ADJACENT TO CANALS
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(Supp. No.36)
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Agenda Item #2.
Sec. 76-26. Dock and pier length, width and configuration.
(a) Docks and piers shall only be constructed along the adjacent property line or seawall cap,
as provided herein.
(b) No dock or pier shall be constructed closer than ten feet from the waterward extensions of
the adjacent property's side property lines.
(c) No dock or pier shall extend into a canal more than six feet from the landward side of the
adjacent platted property line.
(d) No dock or pier shall be constructed to a height greater than four inches above the top of
the adjacent seawall, if any; otherwise to a height greater than four and one half feet
above the mean high water line.
(e) All docks and piers shall be equipped with safety ladders from the dock or pier to a depth
of two feet below the mean low water line of the canal.
(f) A dock or pier must be structurally independent from any dock or pier located adjacent to
neighboring properties.
(Ord. No. 7-12, § 1, 6-14-2012)
Sec. 76-27. Pilings, mooring devices and boatlifts.
(a) A maximum of two free standing mooring pilings shall be permitted per 100 linear feet of
water frontage.
(b) Free standing mooring pilings shall be placed no further than the lesser of 20 feet from, or
25 percent of the canal width, as measured from the landward side of the adjacent platted
property line.
(c) Free standing mooring pilings may not be placed closer than ten feet from the waterward
extensions of the adjacent property's side property lines.
(d) Free standing mooring pilings shall be set in the canal so that they are no more than eight
feet and no less than six feet above the mean high water line.
(e) All free standing mooring pilings shall be equipped with reflective devices installed on all
sides of said pilings and located no more than two feet below the top of the piling.
(f) Upon installation of any free standing mooring piling, the adjacent property owner shall
provide the Village with a sealed certified survey depicting the actual locations of the free
standing mooring pilings.
(g) Dolphin pilings are prohibited in any canal.
(h) Boat davits, elevator lifts, cradle lifts, floating lifts or any other similar form of boat lifting
device may be constructed, erected or installed to extend into any canal pursuant to the
following regulations:
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Agenda Item #2.
(1) When in a fully raised position, no portion of such device or any watercraft thereon
may protrude beyond 20 feet from the landward side of the adjacent platted property
line.
(2) No boat lifting device shall be located, and no watercraft shall be contained on any
boat lifting device, in such a position that there is any protrusion beyond ten feet
from the waterward extension of the adjacent property's side property lines.
(3) Such device may be constructed on, or supported by the adjacent seawall cap, or
dock.
(4) All such devices shall be equipped with reflective markings along the full extension of
the lift.
(Ord. No. 7-12, § 1, 6-14-2012)
Sec. 76-28. Maximum protrusion—All marine structures and watercraft.
No marine structure shall be located, and no watercraft shall be docked, moored, or
contained on any boat lifting device in such a position that there is any protrusion beyond ten
feet from the waterward extension of the adjacent property's side property line. Nor shall there
be any protrusion into the canal by more than the lesser of 20 feet from, or 25 percent of the
canal width, as measured from the landward side of the adjacent platted property line.
(Ord. No. 7-12, § 1, 6-14-2012)
Sec. 76-29. Marine structures at canal dead ends.
(a) Because dead end areas of canals do not allow for the standard application of the
regulations in this division, the intent of this section is to provide additional regulations for
properties with limited and/or unique frontages adjacent to canal dead ends.
(b) In addition to all applicable requirements of this division, properties with limited and/or
unique frontages adjacent to canal dead ends shall also be required to comply with the
following restrictions, as applicable:
(c) Canal dead end lots:
(1) No dock, pier, or boat lifting device shall be constructed closer than 20 feet from the
waterward extensions of a canal dead end lot's side property lines.
(2) Boat lifting devices when in the fully raised position, shall be placed no further than
20 feet from the landward side of the canal dead end lot's rear platted property line.
(3) Free standing mooring pilings are prohibited.
(4) No marine structure shall be located, and no watercraft shall be docked, moored, or
contained on any boat lifting device in such a position that there is any protrusion
beyond 20 feet from the canal dead end lot's side property lines. Nor shall there be
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Agenda Item #2.
any protrusion into the canal by more than 20 feet from the landward side of the
canal dead end lot's rear platted property line.
(d) Canal lots bordering dead end lots:
(1) No dock, pier, or boat lifting device shall be constructed closer than 20 feet from the
canal dead end or closer than five feet from the waterward extensions of the side
property line opposite the canal dead end.
(2) Boat lifting devices when in the fully raised position, shall be placed no further than
20 feet from the landward side of the lot's rear platted property line.
(3) Free standing mooring pilings are prohibited.
(4) No marine structure shall be located, and no watercraft shall be docked, moored, or
contained on any boat lifting device in such a position that there is any protrusion
beyond five feet from the waterward extension of the side property line opposite the
canal dead end, or beyond 20 feet from the canal dead end. Nor shall there be any
protrusion into the canal by more than 20 feet from the landward side of the lot's
rear platted property line.
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(Supp. No.36)
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Agenda Item #2.
------------
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CANEL WIDTH
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(e) Regardless of the foregoing, no dock, pier, piling, mooring, boatlift or other device or
structure shall be permitted adjacent to properties that have limited and/or unique
frontages adjacent to canal dead ends if a safety or navigation hazard will be created.
(Ord. No. 7-12, § 1, 6-14-2012)
Sec. 76-30. Nonconforming structures.
Any nonconforming structure subject to the regulations of this division, which was lawfully
in existence prior to the adoption of this division, shall be allowed to remain as a legal
nonconforming structure, pursuant to the requirements of chapter 78, zoning, article IV,
nonconforming uses.
(Ord. No. 7-12, § 1, 6-14-2012)
ARTICLE III. BOATING RESTRICTED AREA
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Agenda Item #2.
Sec. 76-31.Tequesta Drive Bridge/North Loxahatchee River boating restricted area.
(a) There is hereby established a boating restricted area which shall be located from 300 feet
north of the Tequesta Drive Bridge to 300 feet south of the Tequesta Drive Bridge in all
waters of the North Branch of the Loxahatchee River. Within said boating restricted area,
all vessel traffic shall be limited to traveling at "slow speed minimum wake" as that term is
defined at F.A.C. 68D-23.103(3)(b).
(b) Violations of this section shall be enforced by Uniform Boating Citation and shall be
punishable in accordance with F.S. Ch. 327 .
(Ord. No. 7-12, § 1, 6-14-2012)
ARTICLE IV. BULKHEADS AND SEAWALLS
Sec. 76-32. Specifications.
Bulkheads and seawalls shall be permitted only to stabilize disturbed shorelines or to
replace deteriorated existing bulkheads and seawalls. All bulkheads and seawalls constructed
within the Village shall be subject to the requirements of this division. Material substitutions
and deviations and alternative construction methods may be administratively approved with
the consent of the Village building official.
(1) Bulkheads and seawalls may be of either the king pile or concrete sheet pile type.
(2) All bulkheads and seawalls shall be capped with a continuous reinforced concrete cap.
All concrete corners shall be chamfered three quarters (%) of an inch minimum.
(3) 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:
(a) Load and resistance factors applicable for the engineering analysis and design of
the wall;
(b) Differential hydrostatic pressure due to tides and stormwater runoff;
(c) Surcharge loads on the bulkhead wall;
(d) Potential for erosion at the toe of the wall; and
(e) Backflow prevention for drainage outfalls, where applicable.
(5) 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 (4) inches for all
external surfaces and surfaces exposed to saltwater and cast against earth and a
minimum of three (3) inches for all formed surfaces not in contact with saltwater.
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Agenda Item #2.
(6) In accordance with Comprehensive Plan Policy 2.11.8 of the Conservation Element,
the Village encourages existing natural shorelines to remain in their natural state.
Properties with natural shorelines shall attempt to utilize living shorelines techniques
to stabilize the shoreline in lieu of armoring the shoreline with a bulkhead or seawall.
The building official and community development director must mutually consent to
allow the construction of a new bulkhead or seawall, when it can be proven that
construction of the bulkhead or seawall is necessary to stabilize a distributed
shoreline.
Sec. 76-33. Minimum design requirements for seawalls.
All bulkheads and seawalls constructed 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 (50) percent of the replacement cost of the bulkhead or seawall.
(1) Seawalls and bulkheads shall not be constructed beyond the rear property line,
provided however, a property owner may reconstruct an existing seawall or bulkhead
no more than eighteen (18) inches waterside of the property line. Any extension
waterside beyond eighteen (18) inches from the property line shall only be approved
by the village council in accordance with the fill permit process set forth in Article V of
this code.
(2) Seawall caps shall extend no farther than three (3) feet from the wet face of the
seawall or bulkhead or the rear property line, 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:
Property Location Minimum Cap Maximum Cap Elevation (NAVD88)
Elevation
Zone X &X500 - not Four feet (4') Six inches (6") above grade or four feet and
in the FEMA Special NAVD88 six inches (4'6") NAVD88, whichever is
Flood Hazard Area or greater. The grade (natural elevation) shall
Coastal High Hazard be calculated by selecting a minimum of two
Area (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.
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Agenda Item #2.
In the FEMA Special Four feet (4') Six inches (6") above grade as defined above
Flood Hazard Area or NAVD88 or five feet (5') NAVD88, whichever is
Coastal High Hazard greater.
Area with an
established base
flood elevation (BFE)
(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, as well as a drainage
plan. The drainage plan shall demonstrate that there will be no sheet flow of water to
the waterway and adjacent properties. The Building Official may require the
modification of plans when it is determined that seawall caps and/or retaining walls
will lead to erosion or the degradation of adjacent properties.
(5) All areas of the seawall cap or retaining wall that are visible from adjacent 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 adiacent property. The building official may allow relief from fence
height requirements when it is necessary for a property to meet pool barrier
requirements in Florida Building Code section 454.
(6) In lieu of a replacement seawall or bulkhead, a revetment or natural shoreline may be
constructed to replace an existing bulkhead in accordance with Section 76-36
Section 76-34. Living Shorelines.
When a new bulkhead or seawall is constructed {if allowed by 76-32(6)1 or an existing one is
replaced, 100 percent of the bulkhead or seawall shall be faced with riprap or mangroves in
accordance with Section 76-36.
(1) Upon final inspection of a bulkhead or seawall, a mangrove planting plan shall be
provided to the community development director per 76-36 (2).
(2) Within two years of final inspection of the bulkhead or seawall, at least ten percent of
the shoreline shall be comprised of established mangroves.
(3) If, after two years from the final inspection of bulkhead or seawall less than ten
percent of the shoreline is comprised of mangroves, then 20 percent of the shoreline
shall be planted with mangroves. If some mangroves have been established, but the
minimum requirement of ten percent has not been met, staff may grant a one-year
extension to the monitoring period. The mangroves shall meet the standards within
Section 76-36.
(4) Properties designated on the shoreline exemption map (Figure 1) shall be exempt from
installing riprap or mangroves. The exemption only applies to that portion of the
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Agenda Item #2.
Property at the mouth of the canal as shown on the shoreline exemption map and shall
not apply to the portion of property along the natural waterway,
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Figure 1. Shoreline Exemption Map
Section 76-35. Revetments.
Existing riprap revetments may be replaced with a new riprap revetment provided it
meets the following standards:
(1) The revetment shall be constructed in the same place as the existing revetment.
(2) An existing revetment which was constructed with loose boulders, rocks, or clean
concrete rubble with no exposed reinforcing rods or protrusions may remain and
riprap may be placed over top of the existing materials.
(3) An existing revetment constructed of material not consistent with loose boulders,
rocks, or clean concrete rubble with no exposed reinforcing rods or protrusions shall
be removed prior to replacement.
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Agenda Item #2.
(4) When at least 50% of an existing revetment is replaced with a new revetment,
mangroves shall be planted in accordance with the regulations set forth in Section
76-36.
(5) Properties with existing revetments shall attempt to utilize living shorelines
techniques to stabilize the shoreline in lieu of armoring the shoreline with a
bulkhead or seawall. The building official and community development director
must mutually consent to allow the construction of a new bulkhead or seawall,
when it can be proven that construction of the bulkhead or seawall is necessary to
stabilize a distributed shoreline.
Section 76-36. Riprap And Mangrove Installation.
(1) When riprap is installed in conjunction with a new or replacement seawall, it shall be
placed such that the bottom 50 percent of the bulkhead is covered, and sloped at a
maximum two to one, vertical to horizontal ratio. At no point shall riprap extend
more than eight feet waterward of the mean high water line or jurisdictional line of
the state. Riprap placed waterward of bulkheads does not require filter cloth.
(2) Following the final inspection of the bulkhead or seawall as outlined in Section 76-
34, a mangrove planting plan shall be submitted to the Village which shall include:
(a) The species of mangroves and whether they are appropriate for the location;
(b) The size, species, number, and spacing of mangroves to be planted;
(c) The identification of the location of at least two photo stations which shall be
the designated photo station from which photos will be provided for each
monitoring report;
(d) Photos clearly showing the mangrove plantings in their entirety;
(e) The location of bulkheads, docks, or other structures relative to the plantings.
(3) The property owner shall submit a time zero monitoring report to the Village within
30 days from the Village's initial inspection, marking the beginning of the monitoring
period.
(4) The property owner shall monitor the mangroves annually for survivability for five
years. On or before the anniversary date of the annual time zero report each year,
the property owner shall submit at least two photographs taken from each of the
designated photo stations and submit these photos to the town for its review and
approval. The report shall also identify the number and location of the mangroves
which have been planted. If less than 80 percent of originally planted mangroves
have survived, the property owner shall replant the number of mangroves which
have expired. If photographs are not received by the required date, an inspection
will be conducted by Village staff in order to inspect the condition of the mangroves.
Created: 2024-01-31 17:41:55 [EST]
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Agenda Item #2.
(5) The Village may require that hand placed riprap be installed to support the growth
of mangroves which have been planted in high wave energy areas.
(6) In the event a jurisdictional agency requires a permit for the placement of riprap or
mangroves within their jurisdiction, but will not issue the permit, then the property
shall be exempt from providing riprap or mangroves in the jurisdictional area.
(7) Where the placement of riprap would result in the destruction of sea grasses, the
Property owner shall not be required to install riprap or mangroves. The property
owner must submit a sea grass study, not more than six months old, documenting
the location of the sea grasses.
Sec. 76-37. Permitting and inspection.
All seawalls and bulkheads shall be subject to the following permit and inspection
requirements:
(1) Permitting. The Building Department shall review all permits for seawalls and
bulkheads for structural integrity and consistency with the requirements of this
division. All permit applications shall include the following information:
(a) Engineering plans signed and sealed by a professional engineer licensed in the
State of Florida.
(b) A cross section of wall indicating the channel bottom elevation, the cap elevation
and identifying the type, size and location of wall components.
(d) Documentation demonstrating that all concrete satisfies the requirements of AG
318 Exposure Class C2.
(h) Plans demonstrating that exposed steel tie back anchor rods and other anchors
shall be coated with a heavy-duty protective coating to prohibit corrosion.
(i) 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 at least forty-eight
(48) hours prior to the following events so as to allow for inspection:
(a) the first installation of any structural support, including a king pile or concrete
sheet;
(b) the backfilling of structural supports, including any anchors or tie rods;
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Agenda Item #2.
(c) the pouring any cast-in-place construction; and
(d) the final cap pouring.
(e) Pile driving certifications by a licensed engineer.
ARTICLE V. FILL PERMITS
Sec 76-38 Filling operations beyond property line; prohibited.
No fill shall be made, deposited or maintained in the waters of the Loxahatchee River,
Indian River Lagoon, canals, or other tidal waters within the corporate limits of the village,
waterward or outward from any shoreline, in such a manner so that such fill shall extend
beyond any property line except as provided in section's 76-33 through 76-36 and 76-42 below.
Fill needed to construct, repair, or maintain living shorelines, mangroves, or riprap revetments
may extend beyond the property line if approved by the building official and community
development director.
Section 76-39 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.
Section 76-40 Fill Permit Required
(a) 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 waters of
the Loxahatchee River, Indian River Lagoon, canals, 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.
(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 76-33 of this
code or fill needed to construct, repair, or maintain living shorelines, mangroves, or riprap
revetments if approved by the building official and community development director.
Sec. 76-41 Public hearing.
(a) Before any petition or application for a permit to fill or dredge, the Village Council shall
consider all applications for a fill permit at a duly noticed public hearing.
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Agenda Item #2.
(b) Notice of the public hearing shall be published in a newspaper of general circulation or the
Village's Public Notices Portal 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 attesting 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:
(1) A brief description of the fill permit application;
(2) Time, date and location of the public hearing;
(3) 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
(4) 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.
Section 76-42 Application; issuance.
(a) Applications for the permit required by this article shall be in writing and directed to the
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.
(b) The Village Council shall not grant any fill permit that would violate any statute, zoning
law, ordinance or other applicable restriction. In determining whether to grant, grant with
conditions or deny any fill permit application, the village council shall consider:
(1) whether any harmful obstruction to or alteration of the natural flow of the adjacent
navigable waters will arise from the proposed construction;
(2) whether any harmful or increased erosion, shoaling of channels or stagnant areas of
water will be created thereby; and
(3) whether any material iniury or monetary damage to adjoining land will accrue from
the proposed activities. 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.
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Agenda Item #2.
Section 76-43 Application fees.
Each application 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
staff 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.
Section 76-44 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.
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