HomeMy WebLinkAboutDocumentation_Regular_Tab 16_11/14/2024Agenda Item #16.
Regular Council
STAFF MEMO
Meeting:Regular Council - Nov 14 2024
Staff Contact:Jay Hubsch Department:Community Development
TITLE
ORDINANCE 08-24, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA,FLORIDA, AMENDING CHAPTER 76. WATERWAY CONTROL.
CREATING AN ENTIRELY NEW ARTICLE IV. ENTITLED “BULKHEADS AND SEAWALLS”; AND
AN ENTIRELY NEW ARTICLE V. ENTITLED “FILL PERMITS”; WHICH NEW ARTICLES ARE
INTENDED TO LIMIT THE USE OF BULKHEADS AND SEAWALLS IN FAVOR OF PROMOTING
LIVING SHORELINES, ANDREGULATE THE USE OF FILL WATERWARDOF ADJACENT
PROPERTY LINES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION
OF CHAPTER 76. WATERWAY CONTROL SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
SUMMARY:
The Village Council has tasked staff with creating a "living shorelines" code to be more consistent
with the Village's Comprehensive Plan and the code that the Town of Jupiter adopted in 2015. A living
shoreline is a shoreline management practice that uses elements such as mangroves, marsh
grasses, oyster reefs, and riprap to stabilize shorelines. Living shorelines are effective at protecting
coastal areas from erosion, while also creating wildlife habitat and improving water quality.
Staff workshopped living shorelines code concepts with the Environmental Advisory Committee in
December 2023 and July 2024, and Village Council in January 2024. The workshops gave staff
guidance on what to adopt in a draft code. Additionally, staff conducted a full review of chapter 76 of
the Village Code (Waterway Control). There are two aspects of waterway control that are typically
found in municipal codes that are not currently in the Village code. The first being bulkheads and the
second is the use of fill on waterfront properties.
Living Shorelines
Staff utilized the Town of Jupiter code as the baseline for creating living shorelines regulations. The
Jupiter code requires the installation of riprap and mangroves when existing bulkheads or riprap
revetments are replaced, or when new ones are constructed. Similarly, the draft code requires the
installation of riprap and mangroves when bulkheads and riprap revetments are replaced, or when
new ones are constructed. Like the Jupiter code, the draft code requires 100% of the bulkhead to be
comprised of riprap and mangroves. At least 10% of the seawall shall be comprised of established
mangroves within two years of final inspection of the bulkhead or revetment. If not, then 20 percent of
the shoreline shall be planted with mangroves. The code allows Village staff to grant a one-year
extension to the monitoring period if some mangroves have been established.
The code also clarifies that existing natural shorelines or riprap revetments shall remain in their
current state and that a zoning variance is needed to armor the shoreline with a new bulkhead. This is
consistentwith Comprehensive Plan policy 2.11.8 in theConservationElement, which says:
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Agenda Item #16.
"Bulkheads and seawalls shall be permitted only to stabilize disturbed shorelines or to replace
deteriorated existing bulkheads and seawalls."
Bulkhead Regulations
The Village does not currently have any regulations for the construction of bulkheads. In 2019, the
Village of North Palm Beach hired a coastal engineer (Alan Gerwig & Associates) to re-write its
bulkhead code. The re-write included an analysis of king tide level data and sea-level rise projections
from the Southeast Florida Climate Change Compact to establish appropriate minimum, and
maximum bulkhead heights. Village staff utilized aspects of the North Palm Beach code as the
baseline for new bulkhead regulations. The draft code states that when existing bulkheads are
repaired or replaced where the total cost is more than 50% of the total replacement cost, they shall
meet the new regulations. Bulkheads may be reconstructed up to 18 inches waterside of the property
line when replacing an existing bulkhead. It is necessary to allow this because new bulkheads have to
be constructed waterside of existing ones. Additionally, minimum and maximum height for bulkheads
have been added to the draft code. Properties in the X or x500 flood zones can have a minimum
seawall cap elevation of 4 feet and a maximum of 6 inches above grade or 4.5 feet, whichever is
higher. Properties in the special flood hazard area (AE Flood Zone) can have a minimum seawall cap
elevation of 4 feet and a maximum seawall cap elevation of 6 inches above grade or 5 feet,
whichever is higher. The heights were established to take into account the possibility of future sea
level rise.
Fill Permits
The Village Comprehensive Plan has several sections that discourage dredging and filling activities.
However, the Village Code does not address dredging and filling. The draft code has a new article
called "Fill Permits" that establishes rules for the placement of fill within the waters of the Village. The
draft code does not allow fill to be used waterward of property lines unless needed for the
construction of a living shoreline or to construct a new bulkhead 18 inches waterward of an existing
bulkhead. Any other fill that is installed is required to obtain a fill permit, which must be approved at a
public hearing by the Village Council. Having an established regulations in place to prevent the
placement of fill without a permit will enable the Village to utilize the code enforcement process on
any violators.
Local Planning Agency Meeting
The Local Planning Agency voted 5-0 to recommend approval of Ordinance 08-24 with the following
conditions:
1. In Section 76.34 (3) modify the one-year monitoring period extension to two six-month extensions.
2. Clarify the definition of "disturbed shoreline" and when a zoning variance is requested, require a
written a recommendation from the Building Official and Community Development Director indicating
if they agree if the shoreline is disturbed.
3. Ensure that the total cost of repairs estimate for bulkheads is based off of linear feet. This estimate
shall come from a chart of the typical cost of bulkhead repair and replacement that is maintained by
the Community Development Director.
4. Add a provision in the fill permit section allowing for the emergency approval of fill to stabilize
natural shorelines or mangroves in the event of a storm event.
Village Council First Reading
The Village Council voted 3-1 to approve Ordinance 08-24 on First Reading with a vote of no on
condition 1 from the LPA and yes on conditions 2, 3, and 4 (with minor clarifications to each).
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Agenda Item #16.
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ATTACHMENTS:
Tequesta Ordinance 08-24-Second Reading
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Agenda Item #16.
ORDINANCE NO. 08-24
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 76. WATERWAY
CONTROL. CREATING AN ENTIRELY NEW ARTICLE IV. ENTITLED
“BULKHEADS AND SEAWALLS”; AND AN ENTIRELY NEW ARTICLE
V. ENTITLED “FILL PERMITS”; WHICH NEW ARTICLES ARE
INTENDED TO LIMIT THE USE OF BULKHEADS AND SEAWALLS IN
FAVOR OF PROMOTING LIVING SHORELINES, AND REGULATE THE
USE OF FILL WATERWARD OF ADJACENT PROPERTY LINES;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 76. WATERWAY CONTROL SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE,
AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, the Village Council desires to protect and enhance coastal and
estuarine environmental quality by creating specific code provision requirements to
promote the construction of living shorelines; and
WHEREAS , The Village of Tequesta Comprehensive Plan’s Conversation
Element Policy 2.11.8 prioritizes the adoption of such requirements: “Bulkheads and
seawalls shall be permitted only to stabilize disturbed shorelines or to replace
deteriorated existing bulkheads and seawalls. Riprap shall be placed at the toe of all
replaced bulkheads and seawalls.”; and
WHEREAS, The Village Code does not currently include a permitting process for
bulkheads and seawalls, or a fill permit process; and
WHEREAS, the Village Council desires to adopt code provisions to require
maintenance of its existing natural shorelines, and to require the placement of riprap at
all new bulkheads and seawalls to achieve this purpose; and
WHEREAS, the Village Council has determined that the adoption of such
regulations will serve to promote and protect the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1:Chapter 76. Waterway Control. of the Code of Ordinances of the
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Village of Tequesta is hereby amended to create Article IV. Bulkheads and Seawalls
which shall hereafter read as follows:
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 (¾) 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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(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 or riprap revetments shall
attempt to utilize living shorelines techniques to stabilize the shoreline in lieu of
armoring the shoreline with a bulkhead or seawall. Property owners with
natural shorelines or riprap revetments that seek to armor a shoreline with a
new bulkhead or seawall shall apply to the Planning & Zoning Board for a
Variance as outlined in Section 76-7. The application for a Variance shall
provide evidence that the existing natural shoreline is disturbed and needs to
be armored to stabilize the shoreline. The Building Official and Community
Director shall make a determination as to whether the existing natural shoreline
is sufficiently disturbed, so as to necessitate armoring. The Village may bring in
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a 3 party expert to provide an additional review and determination of a
Variance request, at the expense of the applicant.
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.
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Agenda Item #16.
(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 Six inches above grade or four feet
in the FEMA Special NAVD88 and six inches NAVD88, whichever
Flood Hazard Area is greater. The grade (natural elevation)
or Coastal High shall be calculated by selecting a minimum
Hazard Area of two (2) elevation points within 1 foot
of the rear property line on each adjoining
side property line and calculating the
average of the selected elevation points.
In the FEMA Four feet Six inches above grade as defined
Special Flood NAVD88 above or five feet NAVD88, whichever
Hazard Area or is greater.
Coastal High
Hazard 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
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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. 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 of the Village Code.
(7)The Community Development Director shall maintain a list of the typical
expense by linear foot of the various types of bulkheads or seawalls. This list
shall be utilized to determine whether the total cost of repairs is more or less
than fifty (50) percent of the replacement cost of the bulkhead or seawall.
Section 76-34. Living Shorelines.
When a new bulkhead or seawall is constructed (if allowed by 76-32(6)) or an existing
bulkhead or seawall is replaced, 100 percent of the bulkhead or seawall shall be faced
with riprap or mangroves in accordance with Section 76-36. Portions of the bulkhead or
seawall where a dock or pier extends waterward, are exempt from the 100 percent
calculation.
(1)Upon final inspection of a bulkhead or seawall, a mangrove planting plan shall
be provided to the Community Development Director per Sec. 76-36 (2) of this
code.
(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,
Village Staff may grant a one-year extension to the monitoring period. The
mangroves shall meet the standards within Section 76-36 of this Code.
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Agenda Item #16.
(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 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.
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.
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Agenda Item #16.
(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.
(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 76-34 and 76-36 of this Code.
(5)Properties with existing riprap revetments shall attempt to utilize living
shorelines techniques to stabilize the shoreline in lieu of armoring the
shoreline with a bulkhead or seawall. Property owners with riprap revetments
that seek to armor a shoreline with a new bulkhead or seawall shall apply to
the Planning & Zoning Board for a Variance as outlined in Section 76-7.
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 of this Code, 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;
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(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.
(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 permitting 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
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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 ACI 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;
(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
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extend beyond any property line except as provided in sections 76-33 through 76-36
and 76-42 of this Code. 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.
(c)In the event that emergency repairs are needed as the result of a natural
emergency, such as a hurricane, the Village may choose to not require a fill permit
if a permit is obtained from the Florida Department of Environmental Protection or
Army Corps of Engineers.
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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(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
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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 injury 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.
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
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opportunity afforded within a reasonable time for a hearing thereon before the
Village Council.
Section 2:Each and every other section and subsection of Chapter 76.
Waterway Control. shall remain in full force and effect as previously adopted.
Section 3:All ordinances or parts of ordinances in conflict be and the same
are hereby repealed.
Section 4:Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder of
this Ordinance.
Section 5:Specific authority is hereby granted to codify this Ordinance.
Section 6:This Ordinance shall take effect immediately upon adoption.
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