HomeMy WebLinkAboutDocumentation_Regular_Tab 11_11/04/2010 VILLAGE OF TEQUESTA
�}- AGENDA ITEM TRANSMITTAL FORM
1. VILLAGE COUNCIL MEETING:
Meeting Date: Meeting Type: Regular Ordinance #: 12 -10
11/410
Consent Agenda: No Resolution #:
Originating Department: Attorney ! Police Chief
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Ordinance 12 -10, First Reading Amending the Village Code of Ordinances by Creating an Entirely New
Chapter 76. Waterway Control. Relocating the Village's Waterway Control Code from Article XIII. of the Zoning
Code to the Newly Created Chapter 76.; and Adopting Regulations that Create a New Boating Restricted Area
from 300 Feet North of the Tequesta Drive Bridge to 300 Feet South of the Tequesta Drive Bridge, which Area
would Restrict Boat Traffic to "Slow Speed Minimum Wake"
3. BUDGET / FINANCIAL IMPACT:
Account #: N/A Amount of this item: N/A
Current Budgeted Amount Available: Amount Remaining after item:
N/A N/A
Budget Transfer Required: No Appropriate Fund Balance: No
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
5. APPROVALS:
Dept. Head: Finance Director: ❑ Reviewed for Financial
Sufficiency
❑ No Financial Impact
Attorney: (for legal sufficiency) Yes ❑ No ❑
Village Manager:
• SUBMIT FOR COUNCIL DISCUSSION: X1
• APPROVE ITEM:
• DENY ITEM: ❑
Form amended 08/26/08
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MEMORANDUM
Village of Tequesta
Clerk's Office
TO: Mr. Michael R. Couzzo, Jr., Village Manager
Honorable Mayor and Village Council Members
FROM: Police Chief Ricciardi via Attorney Keith Davis
DATE: October 29, 2010
SUBJECT: Ordinance 12 -10
Ordinance 12 creates an entirely new Chapter 76 in the code. This Chapter is titled
"Waterway Control" It has 2 Articles:
Article 1 is the former Chapter 78 Article XI11 Uniform Waterway Control code, which has
been moved, verbatim, with no substantive revision whatsoever. This really does not
belong in the zoning code to start with, since it has more to do with the use of the
waterways than the development of land. Plus, it has its own variance process, which
also indicates that it ought to be located outside the zoning code which contains a
comprehensive variance process of its own.
Article 2 creates the new boating restricted area 300 feet on both sides of the bridge,
slow speed minimum wake.
Before the boating restricted area is effective, it must be approved by the state. The
Clerk will send copies of the Ordinance, after adoption on second reading, to the state
and to the federal agencies listed in the ordinance. After it is approved by the state and
becomes effective, the Chief will work with the necessary agencies to post signs and
issue notices and releases.
ORDINANCE NO. 12 -10
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES BY CREATING AN ENTIRELY NEW CHAPTER 76.
WATERWAY CONTROL. RELOCATING THE VILLAGE'S WATERWAY
CONTROL CODE FROM ARTICLE XIII. OF THE ZONING CODE TO
THE NEWLY CREATED CHAPTER 76.; AND ADOPTING
REGULATIONS THAT CREATE A NEW BOATING RESTRICTED AREA
FROM 300 FEET NORTH OF THE TEQUESTA DRIVE BRIDGE TO 300
FEET SOUTH OF THE TEQUESTA DRIVE BRIDGE, WHICH AREA
WOULD RESTRICT BOAT TRAFFIC TO "SLOW SPEED MINIMUM
WAKE "; PROVIDING FOR SUBMISSION OF THIS ORDINANCE TO
THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION,
THE UNITED STATES COAST GUARD AND THE UNITED STATES
ARMY CORPS OF ENGINEERS IN ACCORDANCE WITH THE
REQUIREMENTS OF FLORIDA STATUTE SECTION 327.46;
AUTHORIZING THE POLICE CHIEF TO COORDINATE WITH SAID
AGENCIES REGARDING THE PLACEMENT OF SIGNS AND THE
ISSUANCE OF NOTICES REQUIRED TO EFFECTUATE THE
CREATION AND ENFORCEMENT OF SAID BOATING RESTRICTED
AREA; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
WHEREAS, the new Tequesta Drive Bridge has been substantially completed
and is open to both vehicular traffic above and vessel traffic below; and
WHEREAS, the newly constructed bridge is equipped with decorative spandrels
on each side which are set lower than the actual bridge superstructure, reducing vessel
clearance height under the bridge; and
WHEREAS, in order to encourage boating safety and help prevent injury to
boaters, their vessels and the newly constructed bridge due to said clearance reduction,
the Village Council desires to create a boating restricted area requiring boat traffic to
travel at "slow speed - minimum wake" from 300 feet north of the bridge to 300 feet south
of the bridge, in accordance with Sec. 327.46 Florida Statutes; and
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WHEREAS, the Village Council further desires to authorize the Chief of Police to
coordinate with the necessary state and federal agencies to effectuate the posting of
necessary and appropriate warning signs and the issuance of necessary and
appropriate notices and press releases regarding said boating restricted area; and
WHEREAS, in order, to provide for ease of reference and proper codification, a
new Chapter 76. Waterway Control. is hereby created, to include both the existing
Village Waterway Control Code, previously located at Article XIII of the Zoning Code,
and the above described newly created boating restricted area; and
WHEREAS, the Village Council believes that these revisions to the Village's
Code of Ordinances are in the best interests of the Village of Tequesta, and will
promote the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1 : There is hereby created an entirely new Chapter 76 of the Code of
Ordinances of the Village of Tequesta, entitled "Waterway Control ". Said Chapter shall
be comprised of the former "Article XIII. Uniform Waterway Control" of the Village
Zoning Code (Chapter 78) as well as the newly created boating restricted area as
described above. Said Chapter 76 shall hereafter read as follows:
CHAPTER 76. WATERWAY CONTROL*
*Cross references: Buildings and building regulations. ch. 14: community development.
environment. ch. 30: natural resource protection. ch. 50: planning and development. ch. 62: subdivisions.
ch. 66.
Article 1. In General.
Sec. 76 -1. Jurisdiction.
The purpose of this chapter is to provide for the regulations described in this chapter
within the public waters of the state comprising the Loxahatchee River and the
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Intracoastal Waterway and all creeks, canals or waterways or tributaries connected
therewith, located within the geographical boundaries of the village.
Sec. 76 -2. Dock and pier length, width and configuration.
a) No dock or pier shall be constructed which extends waterward from the mean high -
water line in excess of the least of the following distances;
(1) Seventy -five feet:
2) Ten percent of the waterway width: or
(3) The distance from the point at which the dock or pier intersects the mean hiah-
water line measured in a straiaht line to the nearest point on the three -foot mean low -
water line: provided, however, the foregoina limitations shall not prohibit a dock which
does not extend waterward from the mean high -water line in excess of six feet.
(b) No dock or pier area shall be constructed with a maximum width in excess of six
feet.
c) No dock or pier shall be located less than 25 feet from the waterward extension of
the property line of any adjoining riparian property owner.
[GRAPHIC INSERT HERE]
d) Any dock or pier shall be deemed to comply with this section if the waterward end
of the centerline of the dock or pier is equidistant from the nearest points at which the
property lines of adjoining property owners intersect the mean high -water line.
[GRAPHIC INSERT HERE]
(e) Mooring pilings may not be located within ten feet of the waterward extension of the
property line of any adjoining riparian property owners, or more than 15 feet waterward
of a line perpendicular to and passing through the waterward end -point of the centerline
of any dock used with the same riparian property. If more than one dock is in use with
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the same propert)& the end -point of the dock extending furthest from the mean high
water line shall be used.
[GRAPHIC INSERT HERE]
All sections or areas of any dock or pier which intersect at any angle with the main
portion of a dock or pier extendina from the shoreline may not exceed a total combined
lenath of 20 feet.
[GRAPHIC INSERT HERE]
a) The total area of all docks and piers located on any riparian parcel shall not exceed
500 square feet for each 100 linear feet of that parcel shoreline.
h) Mooring devices such as boat lifts, davits and whips shall not be considered in
computing the required length, width and configuration of docks or piers regulated by
this article. Neither shall the reconstruction, alteration or new construction of mooring
devices such as boat lifts. davits and whips be considered as structural alterations for
purposes of determining whether or not such reconstruction. alteration or new
construction is an extension of a nonconforming use. However, this exemption shall not
apply to structural alterations which affect the length, width and configuration of a dock
or pier, exclusive of the alteration of any mooring device affixed or accessory thereto.
Boat lifts and mooring pilings outboard of docks and piers on waterways and canals of
85 feet or less in width are not permitted.
Sec. 76-3. Commercial docks.
a) No commercial docks shall be permitted within the R -1. R -1A and R/OP districts.
(b) Docks, piers, mooring devices and seawalls located within the single - family
dwelling districts R -1 and R -1A shall be for single - family use only.
Sec. 76-4. Boathouses and boat shelters.
No boathouse or enclosed boat shelter shall be permitted to be located waterward of a
seawall or mean high -water line. whichever is applicable.
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Sec. 76 -5. Anchoring or mooring of vessels.
a) No person shall anchor, moor or park or cause, permit or allow any other person
under his control or command to anchor. moor or park any vessel or watercraft of an
description used or capable of being used as a means of transportation on water, within
the R -1 and R -1A single - family dwelling districts, for a period of time in excess of 72
continuous hours during any consecutive 30 -day period. unless such vessel or
watercraft is located at an approved dock and with the consent of the owner of such
approved dock.
b) The anchoring, mooring or parking of vessels or watercraft in all districts shall be at
an approved dock, pier or seawall and attached or secured by approved methods
and /or devices.
Sec. 76-6. Discharge of refuse.
No person shall discharge. or permit or allow any other person on a vessel or watercraft
under his control or command to discharge, any human or animal excreta from any
head, toilet or similar facility on any vessel or watercraft, or throw, discharge, deposit or
leave, or cause or permit to be thrown, discharged, deposited or left, from any vessel or
watercraft any refuse matter of any description into the waters located within the area to
which this article applies.
Sec. 76 -7. Variances.
(a) Any person desiring a variance from the terms of this article shall make application
for such variance to the zonina board of adjustment of the village in accordance with the
procedures set forth in this section.
b) In order to authorize any variance from the terms of this article. the board of
adjustment must find with respect to the proposed proiect as follows:
1) The variance being requested meets the definition of the term "variance" as that
term is used and understood in Chapter 78. Zoning.
2) No hazardous condition would be created.
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3) The flow of water would not be impeded or interfered with.
4) No obstruction to navigation would occur.
(5) It would not interfere with traditional public uses of the waterway, including but not
limited to swimming, fishing, or boating.
6) It would not create an appreciable obstruction of waterway views or otherwise
detract from aesthetic values.
(7) It would not appreciably disrupt, interfere with, or disturb marine or benthic life.
8) It would not contribute to the pollution of the waterway or the degradation of its
condition.
9) It would not interfere with the lawful rights of riparian owners.
10) It would be consistent with any other applicable laws, rules or plans.
Article 2. Boatina Restricted Area
Sec. 76.20 Teguesta Drive Bridge / North Loxahatchee River boating restricted
area.
a) There is hereby established a boating restricted area which shall be located from
300 feet north of the Teguesta Drive Bridge to 300 feet south of the Teguesta Drive
Bridae in all waters of the North Branch of the Loxahatchee River. Within said boatina
restricted area, all vessel traffic shall be limited to traveling at "slow speed minimum
wake" as that term is defined at F.A.C. 68D- 23.103(3)(b).
b) Violations of this section shall be enforced by Village Citation and punishable by a
fine of $100.00.
Section 2: The Village Clerk is hereby directed to provide copies of this
ordinance to the Florida Fish and Wildlife Conservation Commission, the United States
Coast Guard and the United States Army Corps of Engineers.
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Section 3 : Upon approval of the boating restricted area created herein by the
Florida Fish and Wildlife Conservation Commission, the Chief of Police is hereby
directed to coordinate with all necessary state and federal agencies to effectuate the
placement of all necessary and appropriate warning signs, and the issuance of all
necessary and appropriate notices and press releases regarding said boating restricted
area.
Section 4: All Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby repealed.
Section 5 : 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 6: Specific authority is hereby granted to codify this Ordinance.
Section 7 : This Ordinance shall become effective as follows: The new code
sections that comprise Article 1. of the newly created Chapter 76 (sections 76 -1 through
76 -7) shall become effective immediately upon adoption. However, the new code
section that comprises Article 2. of the newly created Chapter 76 (section 76 -20) shall
not become effective until the Florida Fish and Wildlife Conservation Commission has
reviewed this ordinance, determined by substantial competent evidence that the
proposed boating restricted area is necessary to protect public safety pursuant to Sec.
327.46, Florida Statutes, and said determination has become final.
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