HomeMy WebLinkAboutDocumentation_Regular_Tab 17_05/10/2012 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: 7-12
May 10, 2012
Consent Agenda: No Resolution #:
Originating Department: Community Development
AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING ITS
CODE OF ORDINANCES AT CHAPTER 76. WATERWAY CONTROL. BY AMENDING THIS CHAPTER TO
UPDATE AND REVISE REGULATIONS FOR THE CONSTRUCTION, ERECTION, INSTALLATION, USE AND
MAINTENANCE OF MARINE STRUCTURES INCLUDING DOCKS, PIERS, MOORING DEVICES, BOATLIFTS
AND SIMILAR STRUCTURES; PROVIDING SEPARATE AND DISTINCT REGULATIONS FOR SUCH
STRUCTURES LOCATED ON CANALS, VERSUS THOSE LOCATED ON THE LOXAHATCHEE RIVER OR
INTRACOASTAL WATERWAY; PROVIDING DEFINITIONS; 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.
BUDGET / FINANCIAL IMPACT:
Account #: N/A Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: No Appropriate Fund Balance: _
EXECUTIVE SUMMARY OF MA�JOR ISSUES: (This is a snap shot description of the agenda item)
This ordinance creates new regulations for docks, piers and other marine structures located in the Village's canals.
Further, it imports a number of relevant definitions from Chapter 78. Zoning, and adds a new definition for the term
"protrusion" which is important in reading the new canal related code.
The existing dock code remains as-is; however, it will now only apply to properties on the Loxahatchee River and
Intracoastal waterway. Also, the existing code sections of general applicability remain applicable throughout the Village.
APPROVALS: SIGNATURE:
Department Head
Finance Director . ; ��
Reviewed for Financial Sufficiency ❑ �/'�;�,,- '
No Financial Impact
Attorney: (for legal sufficiency) F��m sent by Attorney (see attached email)
Village Manager:
Submit for Council Discussion: ❑
Approve Item: ❑
Deny Item: �
SPECIAL INSTRUCTIONS FOR CLERK: (if you wish to have agreements signed, be sure to include the
number of copies you want signed and place "Sign Here" sticker on them)
Form Amended: 10/20/11
ORDINANCE NO. 7-12
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING ITS CODE OF ORDINANCES AT
CHAPTER 76. WATERWAY CONTROL. BY AMENDING THIS CHAPTER
TO UPDATE AND REVISE REGULATIONS FOR THE CONSTRUCTION,
ERECTION, INSTALLATION, USE AND MAINTENANCE OF MARINE
STRUCTURES INCLUDING DOCKS, PIERS, MOORING DEVICES,
BOATLIFTS AND SIMILAR STRUCTURES; PROVIDING SEPARATE AND
DISTINCT REGULATIONS FOR SUCH STRUCTURES LOCATED ON
CANALS, VERSUS THOSE LOCATED ON THE LOXAHATCHEE RIVER
OR INTRACOASTAL WATERWAY; PROVIDING DEFINITIONS;
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.
WI�EREAS, Chapter 76 of the Village of Tequesta Code of Ordinances provides certain
regulations pertaining to docks, piers and other marine structures; and
WHEREAS, said regulations have been determined to be inadequate to properly address
the canals within the Village; and
WHEREAS, the Village Council of the Village of Tequesta desires to revise its
waterway control ordinance in order to provide updated regulations that are specifically
applicable to canals within the Village, and at the same time maintain current regulations for the
Loxahatchee River and Intracoastal Waterway; and
WHEREAS, the Village Council of the Village of Tequesta has determined that it is in
the public interest to adopt the proposed revisions to its waterway control ordinance, and that the
revised code will serve 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 Village
of Tequesta is hereby amended to update and revise regulations for the construction, erection,
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installation, use and maintenance of marine structures including docks, piers, mooring devices,
boatlifts and similar structures; providing separate and distinct regulations for such structures
located on canals, versus those located on the Loxahatchee river or Intracoastal Waterway;
providing definitions; providing that Chapter 76. Waterway Control, shall hereafter read as
follows:
Chapter 76
WATERWAY CONTROL
ARTICLE I. IN GENERAL
Sec. 76-1. - Jurisdiction.
Sec. 76-2. — Definitions , ' .
Sec. 76-3. - Commercial docks.
Sec. 76-4. - Boathouses and boat shelters.
Sec. 76-5. - Anchoring or mooring of vessels.
Sec. 76-6. - Discharge of refuse.
Sec. 76-7. - Variances.
Sec. 76-8. — Maintenance.
Secs. 76-9 �--76-19. - Reserved.
Sec. 76-1. - Jurisdiction.
The purpose of this chapter is to provide regulations for boating onerations, as well as the
construction, maintenance and use of docks, biers, nilin�s, boatlifts and other similar structures
associated with the oneration, narkin� and stora�e of watercraft
Ef�a}�e� within the public waters of the state comprising the Loxahatchee River and the
intracoastal waterway and all creeks, canals or waterways or tributaries connected therewith,
located within the geographical boundaries of the village.
Sec. 76-2. — Definitions , ' .
The following words, terms and nhrases, when used in this chanter, shall have the
meanings ascribed to them in this section, excebt where the context clearlv indicates a different
meanin�. All words used in the nresent tense include the future: all words in the singular number
include the blural and the nlural the sin�ular.
Canal width with resnect to anv dock or nier to which the measure annlies, means the
straight line distance between the edge of the adiacent probertv on one side of the canal.
measured to the nearest noint of the ed�e of the adiacent nronertv on the onnosite side of the
canal, as set forth on the anblicable recorded nlats.
Dock means a fixed or floating structure. includin� moorin�s, used for the nuraose of
berthing buovant vessels either temborarilv or indefinitelv, or for a finite neriod.
Dolnhin means a cluster of closelv driven niles used as a fender for a dock or as a
moorins or �uide for watercraft. but not used as a channel marker or dock nilin�.
Mean hiQh water means the avera�e hei�ht of the hi�h waters over a 19-vear neriod. or,
for shorter beriods of observation, the avera�e hei�ht of the high waters after corrections are
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a��lied to eliminate known variations and to broduce the result of the eauivalent of a mean 19-
vear value. Alternativelv, mean hi�h water mav mean the avera�e hei�ht of the hi�h waters as
established and accet�ted bv the U.S. Armv Corns of Engineers.
Mean hiQh-water line means the intersection of the tidal vlane of inean hi�h water with
the shore or canal ed�e.
Mean low water means the avera�e hei�ht of the low waters over a 19-vear neriod, or, for
shorter beriods of observation. the avera�e hei�ht of the low waters after corrections are abnlied
to eliminate known variations and to nroduce the result of the eauivalent of a mean 19-vear
value. Alternativelv, mean low water mav mean the avera�e height of the low waters as
established and accented bv the U.S. Armv Coms of Engineers.
Mean low-water line means the intersection of the tidal vlane of inean low water with the
shore or canal edge.
MoorinQ nilin� means a nost, villar, bilin� or stake used for the nuraose of berthin�
buovant vessels either temnorarilv or indefinitelv, for a finite period, whether or not used in
coniunction with a dock.
Pier means a fixed or floatin� structure, on or over submer�ed lands. which is used
primarilv for fishing. swimmin�, or viewing the waterwav. A vier shall not include a dock.
Protrusion means the encroachment of anv nart of anv dock, nier. nilin�, boat lifting
device, moored watercraft (includin� the watercraft's outboard motors or inboard nrobellers or
lower unit transmissions and nronellers. its navi�ational li�hts, its ladders. and anv other
a nurtenances attached to the watercraftl or anv combination of these, into a brohibited area.
Setback shall have the same meaning as set forth in Chanter 78. Zoning.
Waterwav width. with resnect to anv dock or bier to which the measure annlies, means
the straight line distance from the noint at which the centerline of the dock or nier intersects the
mean hi�h-water line, measured to the nearest noint on the mean low-water line of the obnosite
shore of the waterwav.
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Sec. 76-3. - Commercial docks.
(a) No commercial docks shall be permitted within the R-1, R-lA and R/OP districts.
(b) Docks, piers, mooring devices and seawalls located within the single-family
dwelling districts R-1 and R-lA 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.
Sec. 76-5. - Anchoring e��ee�i�g of vessels.
(a) No person shall anchor�e� or cause, permit or allow any other person
under his control or command to anchor�ee�-e�� any live aboard vessel
within the R-1 and R-lA 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 anchored in �e� an approved mooring area e�-�eEl�
� with the consent of the owner of such approved mooring area e�eE�.
(b) The anchoring, of live aboard vessels in all districts shall be at
an approved mooring area, ,' and �*+��� secured by
approved methods and/or devices.
(c) For the purpose of this section, "live aboard vessel" shall mean:
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(1) Any vessel being used as a living unit for use on water andlor fitted for
use as a dwelling and/or with sleeping accommodations;
(2) Any vessel represented as a place of business, or professional or other
commercial enterprise, and providing or serving on a long-term basis the
essential services of functions typically associated with a structure or other
improvement to real property, and, if used as a means of transportation,
such use is clearly a secondary or subsidiary use; or
(3) Any vessel used by any club or any other association of whatever nature
when clearly demonstrated to serve a purpose other than a means of
transportation.
(4) Commercial fishing vessels are expressly excluded from the term "live-
aboard vessel.
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 zoning 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 project 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.
(3) The flow of water would not be impeded or interfered with.
(4) No obstruction to navigation would occur.
(S) 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.
Sec. 76-8. — Maintenance.
An structure or device constructed. erected or installed nursuant to this Chabter shall be
kent in �ood renair bv the bv the owner thereof and shall be subiect to removal bv the Village in
the event that such structure or device is determined to be unsafe or to create a navi�ation hazard
bv the Village's Buildin� Official or en�ineer. Anv cost incurred bv the Village associated with
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said removal shall be assessed aeainst the owner: however, notice and onnortunitv for a hearin�
pursuant to Chabter 162, F.S.. shall be afforded to the owner prior to such removal bv the
Vil�
Secs. 76-9 8. —76-19. - Reserved.
Article II. DOCKS, PIERS AND MOORING STRUCTURES
Division 1. Adiacent to the Loxahatchee River Waterwav or Intracoastal Waterwav
Sec. 76-20. - Dock and nier length, width and confi�uration.
Secs. 76-21– 76-25. – Reserved.
ec. 76-20. - Dock and nier lenQth. width and confi�uration.
�a No dock or nier shall be constructed which extends waterward from the mean
hi�hwater line in excess of the least of the followin� distances:
1) Seventv-five feet;
21 Ten nercent of the waterwav width: or
3) The distance from the boint at which the dock or nier intersects the mean
hi hwater line measured in a strai�ht line to the nearest noint on the three-
foot mean low-water line: vrovided, however, the fore�oing limitations
shall not nrohibit a dock which does not extend waterward from the mean
high-water line in excess of six feet.
b� No dock or nier area shall be constructed with a maximum width in excess of six
feet.
�c No dock or nier shall be located less than 25 feet from the waterward extension of
the nronertv line of anv adioining rinarian nronertv owner.
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d� Anv dock or nier shall be deemed to comvlv with this section if the waterward
end of the centerline of the dock or nier is eauidistant from the nearest noints at
which the nronertv lines of adioinin� nronertv owners intersect the mean high-
water line.
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�e Moorin� or dolnhin bilin�s mav not be located within ten feet of the waterward
extension of the nrovertv line of anv adioinin� ribarian nrovertv owners. or more
than 15 feet waterward of a line nemendicular to and passin� throu�h the
waterward end-noint of the centerline of anv dock used with the same rinarian
ronertv. If more than one dock is in use with the same nronertv. the end-boint of
the dock extendin� furthest from the mean hi�h-water line shall be used.
8
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�f All sections or areas of anv dock or nier which intersect at anv an�le with the
main nortion of a dock or nier extendin� from the shoreline mav not exceed a
total combined leneth of 20 feet.
9
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� The total area of all docks and viers located on anv rinarian barcel shall not
exceed 500 sauare feet for each 1001inear feet of that narcel shoreline.
h� Mooring devices such as boat lifts, davits and whibs shall not be considered in
comvutin� the reauired len�th. width and confi�uration of docks or niers
re�ulated bv this division. Neither shall the reconstruction, alteration or new
construction of moorins devices such as boat lifts, davits and whins be considered
as structural alterations for nurnoses of determinin� whether or not such
reconstruction, alteration or new construction is an extension of a nonconformin�
use. However, this exemntion shall not anvlv to structural alterations which affect
the length, width and confisuration of a dock or nier, exclusive of the alteration of
anv mooring device affixed or accessorv thereto.
Secs. 76-21-76-25. - Reserved.
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Division 2. Adiacent to Canals
Sec. 76-26. — Dock and nier len�th, width and confi�uration.
Sec. 76-27. — Pilin�s, moorin� devices and boatlifts.
Sec. 76-28. — Maximum brotrusion — all marine structures and watercraft.
Sec. 76-29. — Marine structures at canal dead ends.
Sec. 76-30. — Non-conforming structures.
ec. 76-26. - Dock and vier lenath. width and confi�uration.
�a Docks and niers shall onlv be constructed alon� the adiacent nrobertv line or
seawall cab. as brovided herein.
b� No dock or nier shall be constructed closer than 10 feet from the waterward
extensions of the adiacent brovertv's side nronertv lines.
�c No dock or nier shall extend into a canal more than six (61 feet from the landward
side of the adiacent nlatted nronertv line.
d� No dock or bier shall be constructed to a height �reater than four inches above the
ton of the adiacent seawall. if anv; otherwise to a hei�ht greater than four and one
half (4.5) feet above the mean hi�h water line.
�e All docks and niers shall be eauinned with safetv ladders from the dock or bier to
a denth of two (21 feet below the mean low water line of the canal.
f� A dock or nier must be structurallv indebendent from anv dock or pier located
adiacent to neighboring vronerties.
ec. 76-27. — Pilin�s. moorin� devices and boatlifts.
�a A m�imum of two (2) free standin� moorin� nilin�s shall be nermitted per 100
linear feet of water frontage.
b� Free standin� mooring nilings shall be nlaced no further than the lesser of 20 feet
from, or 25% of the canal width, as measured from the landward side of the
adiacent nlatted nronertv line.
c� Free standin� mooring nilings mav not be nlaced closer than 10 feet from the
waterward extensions of the adiacent brobertv's side uronert� lines.
d� Free standin� moorin� nilings shall be set in the canal so that thev are no more
than ei�ht (8� feet and no less than six (6) feet above the mean hi�h water line.
�e All free standin� mooring bilin�s shall be eauipped with reflective devices
installed narallel to the canal located no more than two (2) feet below the ton of
the bilin�.
�f Unon installation of anv free standin� moorin� niling. the adiacent nronertv
owner shall nrovide the Villa�e with a sealed certified survev debicting the actual
locations of the free standing moorin� nilings.
� Dolbhin nilings are nrohibited in anv canal.
h� Boat davits, elevator lifts, cradle lifts, floatin� lifts or anv other similar form of
boat lifting device mav be constructed. erected or installed to extend into anv
canal bursuant to the followins regulations:
i. When in a fullv raised nosition, no bortion of such device or anv
watercraft thereon mav nrotrude bevond 20 feet from the landward side of
the adiacent nlatted nropertv line.
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ii. No boat liftin� device shall be located, and no watercraft shall be
contained on anv boat lifting device, in such a nosition that there is anv
protrusion bevond 10 feet from the waterward extension of the adiacent
nronertv's side nronertv lines.
iii. Such device mav be constructed on, or sunnorted bv the adiacent seawall
cap, or dock.
iv. All such devices shall be eauivbed with reflective markin�s along the full
extension of the lift.
Sec. 76-28. — Maximum protrusion — all marine structures and watercraft.
No marine structure shall be located, and no watercraft shall be docked, moored, or
contained on anv boat lifting device in such a nosition that there is anv nrotrusion bevond 10 feet
from the waterward extension of the adiacent nronertds side nronertv line. Nor shall there be
anv vrotrusion into the canal bv more than the lesser of 20 feet from, or 25% of the canal width,
as measured from the landward side of the adiacent blatted nronertv line.
Sec. 76-29. — Marine structures at canal dead ends.
�a Because dead end areas of canals do not allow for the standard annlication of the
regulations in this division. the intent of this section is to nrovide additional
re�ulations for nronerties with limited and/or uniaue frontages adiacent to canal
dead ends.
b� In addition to all anblicable reauirements of this division, vronerties with limited
and/or uniaue fronta�es adiacent to canal dead ends shall also be reauired to
comnlv with the followin� restrictions, as anplicable:
�c Canal dead end lots:
i. No dock, bier, or boat liftin� device shall be constructed closer than 20
feet from the waterward extensions of a canal dead end lot's side nrovertv
lines.
ii. Boat liftin� devices when in the fullv raised nosition, shall be nlaced no
further than 20 feet from the landward side of the canal dead end lot's rear
latted nronertv line.
iii. Free standing moorins bilin�s are brohibited.
iv. No marine structure shall be located, and no watercraft shall be docked.
moored, or contained on anv boat lifting device in such a bosition that
there is anv brotrusion bevond 20 feet from the canal dead end lot's side
nronertv lines. Nor shall there be anv nrotrusion into the canal bv more
than 20 feet from the landward side of the canal dead end lot's rear nlatted
nronertv line.
d� Canal lots borderin� dead end lots:
i. No dock, nier, or boat liftin� device shall be constructed closer than 20
feet from the canal dead end or closer than five (5) feet from the
waterward extensions of the side propertv line onnosite the canal dead
end.
ii. Boat lifting devices when in the fullv raised bosition, shall be vlaced no
further than 20 feet from the landward side of the lot's rear nlatted
nronertv line.
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iii. Free standin� moorin� pilin�s are nrohibited.
iv. No marine structure shall be located, and no watercraft shall be docked,
moored, or contained on anv boat liftin� device in such a nosition that
there is anv nrotrusion bevond five (5) feet from the waterward extension
of the side nronertv line onnosite the canal dead end, or bevond 20 feet
from the canal dead end. Nor shall there be anv brotrusion into the canal
bv more than 20 feet from the landward side of the lot's rear nlatted
robertv line.
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CANEL WIDTH
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LEGEND
a UNOBSTRUCTED WATERWAY
� p.LLOWABLE DOCK SURFACE MAICIMUM WIDTH IS 6 FOOT
MAxIMUM PROTRUSION ZONE
13
�e Re�ardless of the fore�oin�, no dock, nier, nilin�. moorin�, boatlift or other
device or structure shall be nermitted adiacent to nronerties that have limited
and/or uniaue fronta�es adiacent to canal dead ends if a safetv or navi�ation
hazard will be created.
Sec. 76-30. — Non-conformin� structures.
Anv non-conformin� structure subiect to the re�ulations of this division, which was
lawfullv in existence nrior to the adoption of this division. shall be allowed to remain as a leEal
non-conformin� structure. nursuant to the reauirements of Chanter 78. Zonin�, Article IV. Non-
conformin uses.
ARTICLE � III. BOATING RESTRICTED AREA
Sec. 76-31 �9. - Tequesta Drive Bridge/North Loxahatchee River boating restricted area.
Sec. 76-3138 .- Tequesta 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 Tequesta Drive Bridge to 300 feet south of the Tequesta
Drive Bridge in all waters of the North Branch of the Loxahatchee River. Within
said boating 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 Uniform Boating Citation and shall
be punishable in accordance with F.S. Ch. 327.
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 passage.
14
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