HomeMy WebLinkAboutOrdinance_08-24_11/14/2024 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
2) All bulkheads and seawalls shall be capped with a continuous reinforced
concrete cap. All concrete corners shall be chamfered three quarters
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 l3) 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 Villaae 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 a 3rd 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 areater. 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
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minimums and maximum cap elevations:
Property Location Minimum Cap Maximum Cap Elevation (NAVD88)
Elevation
Zone X & X500 - Four feet (4') Six inches (6") above grade or four feet
not in the FEMA NAVD88 and six inches (4'6") NAVD88. whichever
Special Flood is greater. The arade (natural elevation)
Hazard Area or shall be calculated by selecting a minimum
Coastal High of two (2) elevation points within 1 foot (1')
Hazard Area of the rear property line on each adjoining
side property line and calculating the
averaae of the selected elevation points.
In the FEMA Four feet (41 Six inches (6") above grade as defined
Special Flood NAVD88 above or five feet (5') 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 retainina 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
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be measured from the arade 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
manaroves shall meet the standards within Section 76-36 of this Code
(4) Properties designated on the shoreline exemption map (Figure 1) shall be exempt
from installina 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.
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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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(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 rorap 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:
(e) The location of bulkheads, docks, or other structures relative to the
plantings.
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(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 desianated 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 manaroves 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 iurisdictional 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
iurisdictional 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 studv, not more than six months old,
documentina the location of the sea grasses.
Sec. 76-37. Permittina and insaection.
All seawalls and bulkheads shall be subject to the following permitting and inspection
requirements.
(11) 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
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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 Discharae Elimination System (NPDES) permit prior
to the villaae's issuance of a certificate of occupancy.
(2) Inspection. The permittee shall notify the Village Building Inspector at least fortv-
eiaht (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 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 livina shorelines mangroves, or
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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-au ch 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.
(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
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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
dredaed 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 arant
arant 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
ad*acent navigable waters will arise from the proposed construction;
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(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
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
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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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i`a~ "�,
ORDINANCE DATE
08-24 11/14/24
MOTION Council Member Patrick Painter SECOND Council Member Laurie Brandon
FOR AGAINST ABSENT CONFLICT
Mayor Molly Young ❑✓ ❑ ❑ ❑
Vice-Mayor Rick Sartory ❑✓ ❑ ❑ ❑
Council Member Laurie Brandon ✓0 ❑ ❑ ❑
Council Member Patrick Painter ❑✓ ❑ ❑ ❑
Council Member Jayson E. French ❑ ❑ ❑
The Mayor thereupon declared the Ordinance duly passed and adopted.
MAYOR OF TEQUESTA:
Molly Young
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ATTEST:
INCORPORATED;"'
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Lori McWilliams, MMC
Village Clerk
