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HomeMy WebLinkAboutPresentation_Regular_10/16/2024 (2)LIVING SHORELINES 1 LIVING SHORELINES HISTORY 2 The draft code then went to the Local Planning Agency for review and a recommendation. -Staff further refined the code and held an additional workshop with the EAC in July 2024. -(EAC) in December 2023 and Village Council in January 2024. Village staff workshopped draft code concepts with the Environmental Advisory Committee -Council directed staff to draft a living shorelines code to be similar to Jupiter’s. -Director of the Jupiter Inlet District in May of 2023. ode with Joe Chaison, the Executive chorelines sVillage Council first workshopped living - 3 4 TEQUESTA CODE 5&Associates).Gerwigseawall code, with the assistance of a local Coastal Engineer (Alan write of its bulkhead and -In 2019, the Village of North Palm Beach underwent an extensive re•requires mangroves or riprap to be installed during new projects. It simply require anything to be done to existing bulkheads, revetments, or natural shorelines. Jupiter Code does not The shorelines to be installed when bulkheads or revetments were replaced. In 2015, the Town of Jupiter adopted new regulations that required some elements of living •without defined regulations. It is difficult for the Building Department to regulate construction of bulkheads and seawalls •placement of fill waterward of property lines. regulations regarding bulkhead/seawall construction or the ANYThe Village does not currently have • TEQUESTA CODE 6 the existing Comprehensive Plan into practice in the Village Code. Chair Tom Bradford pointed out that the draft code is a good example of putting -EAC Vice•Comprehensive Plan provision. more difficult to convert a natural shoreline to an armored shoreline. This is based on a The proposed living shoreline code is very similar to Jupiter’s, except that it tries to make it •ermit code’s as inspiration. pand fill The proposed code used Jupiter’s living shorelines code and North Palm Beach’s bulkhead • 7 TequestaJupiterJupiterTequesta 8 ISSUE #1: HARDENING SHORELINES 7. -as outlined in Section 76Planning & Zoning Board for a Varianceshall apply to the with natural shorelines or riprap revetments that seek to armor a shoreline with a new bulkhead or seawall Property owners shorelines techniques to stabilize the shoreline in lieu of armoring the shoreline with a bulkhead or seawall. Properties with natural shorelines shall attempt to utilize living existing natural shorelines to remain in their natural state. In accordance with Comprehensive Plan Policy 2.11.8 of the Conservation Element, the Village encourages Draft 76.32 (6) .existing bulkheads and seawallsshall be permitted only to stabilize disturbed shorelines or to replace deteriorated and seawalls Bulkheads Draft Section 76.32 .Considering hard structures, such as seawalls, only when alternative options are unavailable) c:erosion control byandas necessary and feasible, from the impacts of climate change. Specifically, the Village shall maintain shoreline protection : 6.1.7 The Village shall evaluate opportunities to protect coastal investments and infrastructure, PolicyManagement Coastal Riprap shall be placed at the toe of all replaced bulkheads and seawalls. replace deteriorated existing bulkheads and seawalls.2.11.8 Bulkheads and seawalls shall be permitted only to stabilize disturbed shorelines or to : Element PolicyConservation 9 SEC. 76 10 would be consistent with any other applicable laws, rules or plans.10)It (would not interfere with the lawful rights of riparian owners.9) It (would not contribute to the pollution of the waterway or the degradation of its condition.8) It (would not appreciably disrupt, interfere with, or disturb marine or benthic life.7) It (would not create an appreciable obstruction of waterway views or otherwise detract from aesthetic values.6) It (.would not interfere with traditional public uses of the waterway including, but not limited to, swimming, fishing, or boating5) It (obstruction to navigation would occur.4) No (flow of water would not be impeded or interfered with.3) The (hazardous condition would be created.2) No (zoning., chapter 78variance being requested meets the definition of the term "variance" as that term is used and understood in1)The (proposed project as follows:order to authorize any variance from the terms of this chapter, the planning and zoning board must find with respect to the b)In (board of the village in accordance with the procedures set forth in this section.person desiring a variance from the terms of this chapter shall make application for such variance to the planning and zoning(a)Any VARIANCES.-7. - ISSUE #2: ESTABLISHING SEAWALL AND 11 Seawall caps shall extend no further than three feet from the wet face of the bulkhead.•the existing bulkhead must remain during installation of new bulkhead. Allowing bulkheads to be replaced waterside of the existing bulkhead is necessary because •existing seawall may be reconstructed 18 inches waterside of the property. New seawalls and bulkheads cannot be constructed beyond the rear property line, but an •the replacement cost shall meet these new standards:Seawalls and bulkheads that are being repaired where the total cost is more than 50% of •BULKHEAD SETBACKS ISSUE #3: ESTABLISHING SEAWALL AND 69, Section 1)\] -2015\[Section 163.3178, F.S (Chapter runoff, and shall consider the related impacts of sea level rise.stormwaterreduce the risk of flooding in coastal areas that may result from high tide events, storm surge, flash floods, utilize best practices and initiate mitigation strategies to Coastal Management Policy: 6.1.1 The Village shall rainfall patterns, and extreme weather events. from the impacts of climate change, sea level rise, changes in and cultural and natural resources infrastructure, increase community resiliency and protect property, effective strategies which -appropriate and costCoastal Management Objective: 6.1.0 The Village shall consider investigating and adopt and implement , changes in rainfall patterns, and extreme weather events. risefrom the impacts of sea level and protect property, infrastructure, and cultural and natural resources resiliency which increase community Intergovernmental Coordination Objective 1.7.0 Adopt and implement strategies 12 BULKHEAD HEIGHT ISSUE #3: ESTABLISHING SEAWALL AND 13 grade or 5 feet, whichever is higher. a maximum seawall cap elevation of 6 inches above can have a minimum seawall cap elevation of 4 feet and Properties in the Special Flood hazard area (AE Zone) •grade or 4.5 feet, whichever is higher. maximum seawall cap elevation of 6 inches above minimum seawall cap elevation of 4 feet and a Properties in the X and X500 Flood Zones can have a •maximum seawall heights. Change Compact to establish appropriate minimum and level rise projections by the South East Florida Climate -& Associates) evaluated king tide level data and seaGerwigIn 2019, NPB staff and a coastal engineer (Alan •BULKHEAD HEIGHT ISSUE #4 COMPATIBILITY BETWEEN 14 or degradation of adjacent property in these instances. will review the plan to ensure there is no major erosion waterway and adjacent properties. The Building Official demonstrates there will be no sheet flow of water to the properties shall also provide a drainage plan that Seawall caps at a greater elevation of neighboring •concrete stucco. appearance equivalent to or better than painted visible from adjacent property shall have a finished All areas of the seawall cap or retaining wall that are •and type as the seawall cap. property shall provide a wall return of the same material Seawall caps at an elevation greater than the adjacent •PROPERTIES ISSUE #5: CREATING LIVING 15 SHORELINES ISSUE #5: CREATING LIVING 16 estuarine water quality and resources in its Code of Ordinances. protection of Coastal Management Objective: 1.2.0 The Village shall continue to provide for the •consistent with present management.actively participating in the development of estuarine policies that are Aquatic Preserve by serving to protect the resources of the Loxahatchee River and Indian River Lagoon municipalitiesCoastal Management Element: Policy1.1.1 The Village shall cooperate with agencies and •habitat protection.provisions related to water quality, shoreline stabilization, wetland preservation and wildlife and revising existing code quality and other natural resources by maintaining specific ordinances or Coastal Management Objective: 1.1.0 Protect and enhance coastal and estuarine environmental •sensitive areas abutting the Loxahatchee River, Intracoastal Waterway and the Atlantic Ocean. . Special attention should be given to the environmentally residential water pollution problemsmanagement practices which will alleviate effects of residential development. Utilize those Housing Element: Policy: 1.3.2 Continue to institute policies which minimize adverse environmental •SHORELINES ISSUE #5: CREATING LIVING 17(DEP, Army Corps, etc.) denies a permit, riprap or mangroves are not required. Where riprap or mangroves will disturb seagrasses or when another jurisdictional agency •riprap or mangroves. Properties designated on the shoreline exemption map (canals) are exempt from installing •. 20% shall be planted with mangrovesmangroves, then If after 2 years from the final inspection of a bulkhead, less than 10% is comprised of •comprised of established mangroves. at least 10% of the shoreline shall be Within 2 years of final inspection of a bulkhead, •(excluding dock or pier).bulkhead or seawall shall be faced with riprap or mangroves100% of the When a new bulkhead is constructed or when an existing one is replaced, •SHORELINES TEQUESTA’S SHORELINE STABILIZATION 18 EXCEPTION MAP DRAFT ISSUE #6: REVETMENT’S 7. -as outlined in Section 76Planning & Zoning Board for a Variance shall apply to the to armor a shoreline with a new bulkhead or seawall revetments that seek riprap Property owners with a bulkhead or seawall.techniques to stabilize the shoreline in lieu of armoring the shoreline with shall attempt to utilize living shorelines Properties with existing revetments •mangroves. Properties on the shoreline exemption map are exempt from riprap or •replacement.An existing revetment with unclean materials shall be removed prior to •with new riprapAn existing revetment with clean materials may remain and be reinforced •least 50% of revetment is replaced100% of the revetment shall be faced with riprap or mangroves when at •following regulations:Existing revetments may be replaced with a new revetment according to the 19 ISSUE #7 FILL PERMIT PROCESS Lagoon Aquatic Preserve, except when necessary for the continued health, safety and welfare of the public. adjacent and within the Indian River sensitive sea grass beds and productive mangrove and high marsh areas prohibit the disturbance of the Objective: 4.1.0 The Village will continue to Coastal Management Objective 4.1.0 necessary for the general health, safety and welfare of the public. dependent land uses or where it is -these areas except where expressly provided for in the development of waterin or near source for manatees and a nursery for estuarine species by prohibiting dredging and filling activities The Village shall preserve and protect existing sea grass areas as a vital food Coastal Management Policy 1.3.2 are unavailable and sufficient mitigation is provided by the applicant to offset adverse impacts. in the Village unless project alternatives that would avoid mangrove, wetland and seagrass impacts seagrass beds within mangrove and wetland areas or on No dredging or filling shall be permitted Conservation Policy: 2.11.9 20 ISSUE #7 FILL PERMIT PROCESS official and community development director. riprap revetments that extend waterward of the property line. However, this has to be approved by the building There is an exception to allow fill that is needed to construct, repair, or maintain living shorelines, mangroves, or -There is an exception to allow fill 18 inches waterward of property line, when a bulkhead extends 18 inches -line. manner so that such fill shall extend beyond any property or other tidal waters within the corporate limits of the village, waterward or outward from any shoreline, in such a fill shall be made, deposited or maintained in the waters of the Loxahatchee River, Indian River Lagoon, canals, No A Fill Permit process has been created in the draft code. It says:•property line.currently have a prohibition on dredging and filling on properties waterward of the does notThe Village Code •21 ISSUE #7 FILL PERMIT PROCESS U.S. Army Corps of Engineers, as applicable. All fill permits are subject to approval by the trustees of the internal improvement fund of the state and by the whether any material injury or monetary damage to adjoining land will accrue from the proposed activities. (3)thereby; and whether any harmful or increased erosion, shoaling of channels or stagnant areas of water will be created (2)arise from the proposed construction; whether any harmful obstruction to or alteration of the natural flow of the adjacent navigable waters will (1)the village council shall consider: applicable restriction. In determining whether to grant, grant with conditions or deny any fill permit application, The Village Council shall not grant any fill permit that would violate any statute, zoning law, ordinance or other Public Notice is required, including letters to any neighbors within 300 feet. •The Village Council has to approve a fill permit.•22 LPA RECOMMENDATIONS 23 determination on whether a shoreline is disturbed. wants to define what a disturbed shoreline is and when a zoning variance is applied for, wants the BO and CDD to make a zoning variance must be granted to put in a bulkhead where the existing shoreline is natural or comprised of rip rap. The LPAThe comp plan says bulkheads can only be approved to stabilize a disturbed shoreline. The draft code says a Explanation: disturbed.recommendation from the Building Official and Community Development Director indicating if they agree if the shoreline is the definition of "disturbed shoreline" and when a zoning variance is requested, require a written a 2. Clarify monitoring period. The LPA wants that to be two six month extensions. year extension to the -established mangroves. If some mangroves have been established, Village Staff may grant a oneAfter two years from the final inspection of a bulkhead or seawall, 10% of the shoreline shall be comprised of Explanation: month extensions. -year monitoring period extension to two six-Section 76.34 (3) modify the one1. In 24 with the following conditions:-0 to recommend approval of Ordinance 08-The Local Planning Agency voted 5 LPA RECOMMENDATIONS 24 approval. The LPA wants staff to have the ability to approve fill on an emergency basis after a storm event. The proposed fill code does not allow the placement of fill without a fill permit, which requires Village Council Explanation: mangroves in the event of a storm event. a provision in the fill permit section allowing for the emergency approval of fill to stabilize natural shorelines or 4. Add around the 50% rule. et The LPA wants the Village to maintain the typical cost of construction, so that it can ensure contractors are not trying to glonger considered a repair and is considered new construction that has to come into compliance with living shorelines code. When the total cost of repair of a seawall is more than 50% of the replacement cost of the seawall, it is no Explanation: of the typical cost of bulkhead repair and replacement that is maintained by the Community Development Director. that the total cost of repairs estimate for bulkheads is based off of linear feet. This estimate shall come from a chart 3. Ensure FLORIDA STATUTES 25 residential units result in an equitable distribution of the riparian rights provided herein.is the intent of the Legislature that all trimming of mangroves pursuant to this act conducted on parcels having multifamily It •owners to voluntarily maintain mangroves, encourage mangrove growth, and plant mangroves along their shorelines.shall be administered so as to encourage waterfront property 403.9333-403.9321is the intent of the Legislature that ss.It •defoliation, or destruction of the mangroves.riparian mangrove fringes without prior government approval when the trimming activities will not result in the removal, and any other provision of law, by allowing mangrove trimming in 253.141riparian property ownership as recognized by s.It is the intent of the Legislature to provide waterfront property owners their riparian right of view, and other rights of •.landscaping systemsand that waterfront property owners can live in harmony with mangroves by incorporating such treatments into their Legislature finds that scientific studies have shown that mangroves are amenable to standard horticultural treatments The • PERMITTING EXEMPTIONS than 150 feet may not trim, under an exemption, more than 65 percent of the mangroves along the shoreline.This exemption applies to property with a shoreline of 150 feet or less. Owners of property with a shoreline of more .reduced to less than 6 feet as measured from the substratemay not be trimmed so that the overall height of any mangrove is and as measured from the substrate height pretrimmedmay not exceed 10 feet in The mangroves that are the subject of the trimming activity 2.lands.conduct the trimming activities or on sovereign submerged lands immediately waterward and perpendicular to the The riparian mangrove fringe must be located on lands owned or controlled by the person who will supervise or .1:Mangrove trimming in riparian mangrove fringe areas that meet the following criteriaa)(:provision of law if no herbicide or other chemical is used to remove mangrove foliageand any other 403.9333-403.9321The following activities are exempt from the permitting requirements of ss.(1)26 SELF MAINTAINED - PERMITTING EXEMPTIONS shoreline.of more than 150 feet may not trim, under an exemption, more than 65 percent of the mangroves along the This exemption applies to property with a shoreline of 150 feet or less. Owners of property with a shoreline days before commencing the trimming activities.provided by this paragraph must notify the department or delegated local government in writing at least 10 A professional mangrove trimmer that is trimming red mangroves for the first time under the exemption 4.so that no more than 25 percent of the foliage is removed annually.height must be conducted in stages pretrimmedThe trimming of mangroves that are 16 feet or greater in 3.measured from the substrate.less than 6 feet as and may not be trimmed so that the overall height of any mangrove is reduced to height pretrimmedmay not exceed 24 feet in The mangroves that are the subject of the trimming activity 2.activities, or on sovereign submerged lands immediately waterward and perpendicular to such lands.trimmer or by the person contracting with the professional mangrove trimmer to perform the trimming The riparian mangrove fringe must be located on lands owned or controlled by the professional mangrove 27 PROFESSIONAL - 28 29 JUPITER SHORELINE STABILIZATION 30 EXCEPTION MAP Existing Permitted Bulkheads (Jupiter 31 of the replacement shoreline stabilization structure. degradable materials shall be removed prior to completion Existing bulkheads constructed of wood or other not required to install riprap or mangroves. Properties designated on the shoreline exemption map are be exempt from installing riprap or mangroves. Properties designated on the shoreline exemption map shall high water line)and riprap are not required (if bulkhead is <3’ above mean aerial that the bulkhead existed prior to 2005, mangroves However, if the property owner can show on a survey or the bulkhead must be faced with riprap or mangroves. of 50 percent three feet above mean high water line, then mangroves. If the top of the new bulkhead is lower than of the bulkhead shall be faced with riprap or 100 percent feet above the elevation of the mean high water line, then If the top of the new bulkhead extends higher than three mangroves of the bulkhead shall be faced with riprap or 100 percent feet above the elevation of the mean high water line, then If the top of the new bulkhead extends higher than three existing bulkhead or landward. of an within 18 inches waterward the new bulkhead is bulkheads may be replaced provided unpermittedExisting of an existing permitted bulkhead or landward. waterwardwithin 18 inches the location of the new bulkhead is bulkheads may be replaced provided permitted ExistingCode)(JupiterBulkheads Existing UnpermittedCode) JUPITER CODE: REVETMENT’S shall be removed prior to replacementAn existing revetment with unclean materials •may remain and be reinforced with riprapAn existing revetment with clean materials •are exempt from riprap or mangroves. Properties on the shoreline exemption map •bulkheadriprap or mangroves waterward of the new 100% of the bulkhead shall be faced with •revetment according to the following regulations:may be replaced with a new bulkhead or Existing revetments (permitted or unpermitted), 32 JUPITER CODE: A riprap revetment may be constructed•mangroves. map are exempt from riprap or Properties on the shoreline exemption •riprap or mangroves.100% of the bulkhead shall be faced with •following regulations:revetment, provided they meet the armored with a new bulkhead or Existing unarmored shoreline may be 33 SHORELINESUNARMORED 34