HomeMy WebLinkAboutOrdinance_347_03/24/1987.,",' ~°
ORDINANCE NO. 347
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, ADOPTING THE COASTAL CONSTRUCTION
CODE FOR CONSTRUCTION WITHIN THE COASTAL
BUILDING ZONE AND COASTAL BARRIER ISLANDS
IN THE VILLAGE OF TEQUESTA; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, AS FOLLOWS:
SECTION I.
That the Coastal Construction Code is hereby adopted. Provisions
contained herein shall constitute the Coastal Construction Code
for construction within the coastal building zone and coastal
barrier islands in the Village of Tequesta, and shall be referred
to as the "Coastal Code".
SECTION II. - PURPOSE
That the purpose of the Coastal Code is to provide minimum standards
for the design and construction of buildings and structures
to reduce the harmful effects of hurricanes and other severe
storms occurring along the coastal area of the Village of Tequesta
which fronts on the Atlantic Ocean. These standards aze intended
to specifically address design features which affect the structural
stability of the b-each, dunes, and topography of adjacent properties.
The Coastal Code is site specific to the coastal building zone
as defined herein and is not applicable to other locations. In
the event of a conflict between this chapter and other chapters
of this code, the requirements resulting in the more restrictive _
design shall apply. No provisions in this Chapter shall be
construed to permit any construction in any area prohibited
by village, county, state, or federal regulation.
SECTION III. - SCOPE
Section 3-10 Applicability: The requirements of this Coastal
Code shall apply to the following types of construction in the
coastal building zone and on coastal barrier islands in the
Village of Tequesta.
(a) The new construction of, or substantial improvements
to major structures, nonhabitable major structures, and minor
structures as defined herein.
(b) Construction which would change or otherwise
have the potential for substantial impact on coastal zones (i.e.
excavation, grading, paving).
(c) Construction located partially within the coastal
building zone.
(d) Reconstruction, redevelopment, or repair of a
damaged structure from any cause which meets the definition
of a substantial improvement as defined herein.
Section 3-20 Exceptions: The requirements of the coastal code
shall not apply to the following:
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(a) Minor work in the nature of normal beach cleaning
and debris removal.
(b) Structures in existence prior to the effective
date of the code, except for substantial improvements as defined
herein.
(c) Construction for which a valid and unexpired
building permit was issued prior to the effective date of this
code.
(d) Construction extending seaward of the seasonal
high-water Line which is regulated by the provisions of Section
161.041, Florida Statutes (i.e. groins, jetties, moles, breakwaters,
seawalls, piers, revetments, beach nourishment, inlet dredging,
etc.).
(e) Construction of non-habitable major structures
as defined herein, except for the requirements of Section 6-30.
(f) Construction of minor structures as defined herein
except for the requirements of Section 6-40.
(g) Structures listed in the National Register of
Historic Places or the State Inventory of Historic Places.
(h) Construction for improvement of a major structure
to comply with existing state or local health, sanitary, or
safety code specifications which are solely necessary to assure
safe living conditions.
Section 3-30. Application for Permits: Applications for building
permits for construction in the coastal building zone and on
coastal barrier islands, if not of normal or usual design, may
be required by the Building Official to be certified by an Architect
or professional Engineer registered in the State of Florida.
Such certifications shall state that the design plans and specifica-
tions for the construction are in compliance with the criteria
established by this Coastal Code.
Section IV. - DEFINITIONS
Section 4-10.
in the Coastal
(a)
that extends 1.
where there is
or to the line
limit of storm
The following terms are defined for general use
Code:
Beach means the zone of unconsolidated material
~ndward from the mean low water line to the place
marked change in material or physiographic form,
of permanent vegetation, usually the effective
waves. "Beach" is alternatively termed "shore".
(b) Breakaway wall or frangible wall means a partition
independent of supporting structural members that will withstand
design wind forces, but which will fail under hydrodynamic,
wave, and runup forces associated with the design storm surge.
Under such conditions, the wall shall fail in a manner such
that it breaks up into components which minimize the potential
for damage to life or adjacent property. It shall be a character-
istic of a breakaway or frangible wall that it shall have a
horizontal design loading resistance of no less than 10 nor
more than 20 pounds per square foot.
(c) Building Support Structure means any structure
which supports floor, wall or column loads, and transmits them
to the foundation. The term shall include beams, grade beams,
or joists, and includes the lowest horizontal structural member
exclusive of piles, columns, or footings.
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(d) Coastal Barrier Islands means geological surface
features of islands within the Village of Tequesta above mean
high water.
(e) Coastal Building Zone means the land area between
the seasonal high water line of the Atlantic Ocean and the waters
of the intercoastal waterway.
(f) Coastal Construction Control Line means the land-
ward extent of that portion of the beach-dune system which is
subject to severe fluctuations based upon a one hundred (100)
year storm surge, storm waves, or other predictable weather
conditions as established by the Department of Natural Resources
in accordance with Section 161.053, Florida Statutes.
(g) Construction means the building of or substantial
improvement to any structure or the clearing, filling, or excava-
tion of any land. It shall also mean any alterations in the
size or use of any existing structure or the appearance of any
land. When appropriate to the context, "construction" refers
to the act of construction or the result of construction.
(h) Dune means a mound or ridge of loose sediments,
usually sand-sized, deposited by natural or artificial means,
which lies landward of the beach.
(i) Major Structure includes but is not limited to
residential buildings, commercial, institutional, industrial,
and other construction having the potential for substantial
impact on coastal zones.
(j) Mean high-water line means the intersection of
the tidal plane of mean high water with the shore. Mean high
water is the average height of high waters over a 19-year period.
(k) Minor Structure includes but is not limited to
pile supported, elevated dune and beach walkover structures;
beach access ramps and walkways; stairways, pile-supported,
elevated viewing platforms, gazebos, and boardwalks; lifeguard
support stands; public and private bath houses; sidewalks, driveways,
parking areas, shuffleboard courts, tennis courts, handball
courts, racquetball courts, and other uncovered paved areas;
earth retaining walls; sand fences, privacy fences, ornamental
walls, ornamental garden structures, aviaries, and other ornamental
construction. It shall be a characteristic of minor structures
that they are considered to be expendable under design wind,
wave, and storm forces.
(1) Nonhabitable Major Structure includes but is
not limited to swimming pools; parking garages; pipelines; piers;
canals, lakes, ditches, drainage structures, and other water
retention structures; water and sewage treatment plants; electrical
power plants, transmission and distribution lines, transformer
pads, vaults, and substations; roads, bridges, streets, and
highways; and underground storage tanks.
(m) NGVD means National Geodetic Vertical Datum -
A geodetic datum established by the National Ocean Service and
frequently referred to as the 1929 Mean Sea Level Datum.
(n) One Hundred (100) Year Storm means a shore incident
hurricane or any other storm with accompanying wind, wave, and
storm surge intensity having a one percent chance of being equaled
or exceeded in any given year, during any 100-year interval.
(o) Seasonal high-water line means the line formed
by the intersection of the rising shore and the elevation of
150 percent of the local mean tidal range above mean high water.
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(p) State Minimum Building Code means the building
code adopted by a municipality or county pursuant to the require-
ments of Section 553.73, Florida Statutes.
(q) Substantial Improvement means any repair, recon-
struction, or improvement of a structure, the cost of which
equals or exceeds a cumulative total of fifty percent of the
market value of the structure either:
(1) Before the repair or improvement is started;
or
(2) If the structure has been damaged and is
being restored, before the damage occurred.
For the purposes of this definition, "substantial improvement"
is considered to occur when the first alteration of any wall,
ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions.
of the structure. The term does not, however, include either
any project for improvement of a structure to comply with exist-
ing state or local health, sanitary, or safety code specifications
which are solely necessary to assure safe living conditions;
or any alteration of a structure listed on the National Register
of Historic Places or .the State Inventory of Historic Places.
SECTION V. - COASTAL CONSTRUCTION REQUIREMENTS
Construction within the coastal building zone and on coastal
barrier islands shall meet the requirements of this chapter.
All structures shall be designed so as to minimize damage to
life, property, and the natural environment.. Assistance in
determining the design parameters to minimize such damage may
be found in the reference documents listed in Section VII.
SECTION VI. - STRUCTURAL REQUIREMENTS FOR MAJOR STRUCTURES
Section 6-10(1). Design and Construction: Major structures
shall be designed and constructed in accordance with Section
1205 of the 1986 revisions to the 1985 Standard Building Code
As Amended using a fastest-mile wind velocity of one hundred
ten (110) miles per hour. Major structures shall also comply
with the applicable standards for construction found elsewhere
in the 1985 Standard Building Code As Amended and the Palm Beach
Countywide Amendments.
(2) Elevation, Floodproofing and Siting: All major
structures shall be designed, constructed and located in compli-
ance with the National Flood Insurance Regulations as found
in 44 CFR Parts 59 and 60 or Village Ordinance No. 312 Flood
Hazard Areas, whichever is more restrictive.
Section 6-20 Design Conditions:
(1) Velocity Pressure: Major structures shall be
designed in accordance with the requirements of Section 1205
of the 1986 revisions to the 1985 Standard Building Code As
Amended using a minimum fastest-mile wind velocity of 110. These
minimum design pressures are as follows:
Table 1205.2A
Velocity Pressure (psf)
Building Height 60 feet or less
Mean Roof Fastest Mile Wind Velocity, V (mph)
Height (ft) 110
0-15 25
20 28
40 34
60 38
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Table 1205.3A
Gust Velocity Pressure (psf)
Building Height Greater Than 60 Feet
Fastest Mile Wind Velocit V (m h)
Y P
Coastal Exposure
Height ( f t ) 110
0-30 35
31-50 40
51-100 47
100-200 54
200-300 61
300-400 66
400-500 ~0
Section 6-20(2). Foundations: The elevation of the soil surface
to be used in the design of foundations, calculation of pile
reactions and bearing capacities shall not be greater than that
which would result from the erosion reasonably anticipated as
a result of design storm conditions. Foundation design and
construction of a major structure shall consider all anticipated
loads acting simultaneously with live and dead loads. Erosion
computations for foundation design shall account for all vertical
and lateral erosion and scour producing forces, including localized
scour due to the presence of structural components. Foundation
design and construction shall provide for adequate bearing capacity
taking into consideration the type of soil present and the antici-
pated.loss of soil above the design grade as a result of localized
scour. Erosion computations are not required landward of coastal
construction control lines established or updated since~June
30, 1980. Upon request, the Department of Natural Resources
may provide information as to those areas within coastal building
zones where erosion and scour of a one hundred (100) year storm
event is applicable.
(3) Wave Forces: Calculations for wave forces result-
ing from design storm conditions on building foundations and
superstructures may be based upon the minimum criteria and methods
prescribed in the Naval Facilities En ineerinc{ Command Design
Manual, NAVFAC DM-26, U. S. Department of Navy; Shore Protection
Manual. U.S. Department of the Army Corps of Engineers; U.S.
Department of the Army Coastal Engineering Research Center Technical
Papers and Reports; and Technical and Design Memoranda of the
Division of Beaches and Shores, Florida Department of Natural
Resources; or other professionally recognized methodologies
which produce equivalent design criteria.
Breaking, broken, and nonbreaking waves shall be considered
as applicable. Design wave loading analysis shall consider
vertical uplift pressures and all lateral pressures to include
impact as well as dynamic loading and the harmonic intensification
resulting from repetitive waves.
(4) Hydrostatic Loads: Calculations for hydrostatic
loads shall consider the maximum water pressure resulting from
a fully peaked, breaking wave superimposed upon the design storm
surge with dynamic wave setup. Both free and hydrostatic loads
shall be considered. Hydrostatic loads which are confined shall
be determined by using the maximum elevation to which the confined
water would freely rise if unconfined. Vertical hydrostatic
.loads shall be considered both upward and downward on horizontal
or inclined surfaces of major structures (i.e. floors, slabs,
roofs, walls). Lateral hydrostatic loads shall be considered
as forces acting horizontally above and below grade on vertical
or inclined surfaces. Hydrostatic loads on irregular or curved
geometric surfaces shall be determined by considering the separate
vertical and horizontal components acting simultaneously under
the distribution o°f the hydrostatic pressures.
(5) Hydrodynamic Loads: Hydrodynamic loads shall
consider the maximum water pressures resulting from the motion
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of the water mass associated with the design storm. Full intensity
loading shall be applied on all structural surfaces above the
design grade which would affect the flow velocities.
Section 6-30 Structural Re uirements for Nonhabitable Ma 'or
Structures.
Nonhabitable major structures need not meet the specific structural
requirements of Section 6-10, except that they shall be designed
to produce the minimum adverse impact on the beach and dune
system and shall comply with the applicable standards on construc-
tion found in the 1985 Standard Building Code As Amended and
the Palm Beach Countywide Amendments. All sewage treatment
and public water supply systems shall be flood-proofed to prevent
infiltration of surface water anticipated under design storm
conditions. Underground utilities, excluding pad transformers
and vaults, shall be flood-proofed to prevent infiltration of
surface water expected under design storm conditions or shall
otherwise be designed to function when submerged under such
storm conditions.
Section 6-40. Structural Requirements for Minor Structures
Minor structures need not meet the specific structural requirements
of Section 6-10, except that they shall be designed to produce
the minimum adverse impact on the beach and dune system and
shall comply with the applicable standards of construction found
in the 1985 Standard Building Code As Amended and the Palm Beach
Countywide Amendments.
Section 6-50. Location of Construction
Construction, except for elevated walkways, lifeguard support
stands, piers, beach access ramps, gazebos, and coastal or shore
protection structures, shall be located a sufficient distance
landward of the beach to permit natural shoreline. fluctuations,
and to preserve dune stability. Construction, including excavation,
may occur to the extent that the natural storm buffering and
protection capability of the dune is not diminished.
Section 6-60. Public Access
Where the public has established an accessway through private
lands to lands seaward of mean high tide or water line by prescription,
prescriptive easement, or other legal means, development or
construction shall not interfere with such right of access unless
a comparable alternative accessway is provided. The developer
shall have the right to improve, consolidate, or relocate such
public accessways so long as they are:
(a) Of substantially similar quality and convenience
to the public;
(b) Approved by the local government and approved
by the Department of Natural Resources whenever improvements
are involved seaward of the coastal construction line; and
(c) Consistent with the coastal management element
of the local comprehensive plan adopted pursuant to Section
163.3178, Florida Statutes.
SECTION VII. - REFERENCES
Assistance in determining the design parameters and methodologies
necessary to comply with the requirements of this chapter may
be obtained from:
Shore Protection Manual, U.S. Army Corps of Engineers, 4th edition,
1984.
U.S. Department of the Army, Coastal Engineering Research Center's
Technical Papers and Reports.
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Florida Department of Natural Resources, Division of Beaches and
Shores Technical and Design Memoranda.
Naval Facilities En ineerinq Command Desi n Manual, NAVFAC DM-26,
U.S. Department of the Navy.
Coastal Construction Manual, Federal Emergency Management Agency,
February, 1986. (please note that the wind design section is based
upon the 1982 edition of the Standard Building Code with the 1984
accumulated amendment and not the 1985 edition of the Standard
Building Code with the 1986 revisions as required by Section
161.55(1) (d), Florida Statutes.)
SECTION VIII. - PENALTIES
Any person violating the provisions of any section of said code,
or this ordinance, shall, upon conviction, be fined not more than
five hundred ($500.00) dollars per day. Each day such violation
shall continue, shall constitute a separate offense. In lieu of
such fine, or in addition thereto, such person or persons, if
licensed to do business within the Village of Tequesta, may have
such license suspended for a definite period of time, or such
license may be revoked, said revocation to be subject to
concurrence of the Palm Beach County Construction Industry
Licensing Board where applicable, as contained in Chapter 67-1876,
as amended by Chapter 69-1433, Florida Statutes.
SECTION IX. - SEVERABILITY
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In the event that any court of competent jurisdiction shall hold
that any provision of this ordinance is invalid or unenforceable,
the same shall not effect the validity of the ordinance as a
whole, or any part thereof other than the part so declared to be
invalid.
SECTION X. - REPEAL OF CONFLICTING ORDINANCES
All ordinances or parts of ordinances in conflict herewith shall
be and the same are hereby repealed.
SECTION XI. - CODIFICATION
This ordinance shall be codified and made a part of the official
Code of Ordinances of the Village of Tequesta, Florida.
SECTION XII. - EFFECTIVE DATE
This ordinance shall take effect immediately upon its passage and
approval, as provided by law.
THE FOREGOING ORDINANCE was offered by
Councilmember Edward C. Howell who moved its adoption.
The ordinance was seconded by Councilmember Edwin J. NPl~nn
and upon being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
s
Carlton D. Stoddard
Edward C. Howell
Earl L. Co1lin~s
Ron Mackail
Edwin C. Nelson
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The Mayor thereupon declared the ordinance duly passed
and adopted this 24th day of March 1987.
MAYOR OF TEQUESTA
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Carlton D. Stoddard
ATTEST:
. ~ THE P~M BEACH POST ~
Published Daily and Sunday
West Palm Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared Barbara M . M C C o r d i wo.6esas6
~ PUBLIC NOTICE
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who on oath sa s that she/l~ is C ~ a s s . A d y . M ~ r .
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in the matter of ordinance n o . 347
in the ~- -~` _ Court, was published in said newspaper in
the issues of March 8 , ~.9 87
Affiant further says that the said The Post is a newspaper published at West Palm
Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore
been continuously published in said Palm Beach County, Florida, daily and Sunday and
has been entered as second class mail matter at the post office in West Palm Beach, in
said Palm Beach County, Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant further says that she/he
has neither paid nor promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing t is advertisement for publicat' in
the said newspaper.
Sworn to and subscribed before me this 4 day of March A.D. 19 8 7
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