HomeMy WebLinkAboutOrdinance_07-12_06/14/2012 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.
WHEREAS, 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,
1
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 5- 76 -19. - Reserved.
Sec. 76 -1. - Jurisdiction.
The purpose of this chapter is to provide re ations for boating operations, as well as the
construction. maintenance and use of docks, piers, pilings, boatlifts and other similar structures
associated with the operation, parking and storage of watercraft Fegulations dese-Fibed in this
ehapter 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. – Defimitions Doek and pier th
The following words terms and phrases when used in this chapter shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning. All words used in the present tense include the future; all words in the singular number
include the plural and the plural the sin lar.
Canal width with respect to anv dock or pier to which the measure applies means the
straight line distance between the edge of the adjacent property on one side of the canal
measured to the nearest point of the edge of the adjacent property on the opposite side of the
canal. as set forth on the applicable recorded plats.
Dock means a fixed or floating structure including moorings on or over submerged
lands, used for the p=ose of berthing buoyan t vessels or for fishing, swimming, or viewing the
waterway.
Dolphin means a cluster of closely driven piles used as a fender for a dock or as a
mooring or guide for watercraft. but not used as a channel marker or dock piling.
2
Mean high water means the average height of the high waters over a 19 -year period. or.
for shorter periods of observation, the average height of the high waters after corrections are
a plied to eliminate known variations and to produce the result of the equival ent of a mean 19-
year value. Alternatively, mean high water may mean the average height of the high waters as
established and accepted by the U.S. Army Corns of Engineers.
Mean high -water line means the intersection of the tidal plane of mean high water with
the shore or canal edge.
Mean low water means the average height of the low waters over a 19 -year period, or, for
shorter periods of observation, the average height of the low waters after corrections are applied
to eliminate known variations and to produce the result of the equivalent of a mean 19 -year
value. Alternatively. mean low water may mean the average height of the low waters as
established and accepted by the U.S. Army Corns of Engineers.
Mean low -water line means the intersection of the tidal plane of mean low water with the
shore or canal edge.
Mooring piling means a post, pillar, piling or stake used for the purpose of berthing
buoyant vessels either temporarily or indefinitely, for a finite period, whether or not used in
conjunction with a dock.
Pier shall have the same meaning as Dock.
Protrusion means the encroachment of any part of any dock, pier piling, boat lifting
device, moored watercraft (including the watercraft's outboard motors or inboard propellers or
lower unit transmissions and propellers, its navigational lights its ladders, and any other
appurtenances attached to the watercraft) or any combination of these, into a prohibited area.
Setback shall have the same meaning as set forth in Chapter 78, Zoning.
Waterway width, with respect to any dock or pier to which the measure applies, means
the straight line distance from the point at which the centerline of the dock or pier intersects the
mean high -water line, measured to the nearest point on the mean low -water line of the opposite
shore of the waterway.
(a) N dock o p sh b ., ns4,. ete ., 1 ieh eg & , a t e r„.., rd fi d w,
!1 \ S ,4,, f, foo +.
p % id t h;
e s a c ee
The 3)
( Th dit fw....w, th .,,1,;.,b, th d o -see4 the � e p at o n 0
foot mean low -A�er- line; pFovided, howevef, the foregoing lknitatiom
high viatef line in exeess of six fiaet.
(e) No deek or- pier- sWI be joeeW less dmn 25 feet fmm the watepwafd extension o
�7
(d) A ny .]oe or- - pier- na be deemed t6 esemply v4th this seetio if the < , «.a
epA of the eefftedine of the deek or- pier- is equidistafi4 ffom the nearest peii4s a4
,.1,:,,1, the pr operty lines o f dj , o y o f Ae .,4 the ea high
1.
w ater - l ' �'�'
3
[Figure Strie
(e) Mooring pilings may not be ioeated vAthin teft Let of the wateFward extension o
of the eeftteAiae of any deek used YAth the same i. i A PeFty. if more
one deek is in use with the same pmpeFty, the end point of the deek e*tending
ftuthest from the mean high ih� line shall be usel
� .,11 so,.+;, ,.f k any d „ .,1,;..1, ;.A a t ., N angl with the
eembined length of 20 fiaet.
l�J p i e r-
[Figure Sttiekenj
( g) The to W a rea -ic- yr - all - docks and piers loeac d on eel sh" -n
eomputing 4he equifed len gth, - - ' Aid +l, a nd „fi gtvations of leeks or- -pier
regulated by diis af t i ele. Neithe shall the r aftemtieft or- zie�l
as stmetwal altem6oas for- - of -det . o e
use. Howevef, this exemption shall not apply to s#uetuffd aftefations "kh AM-,P4
„+1. e f docks and pi ers ,,teffyays and e a l s o f Qc C e t less i ,;a + or-
are net peffni ted.
Sec. 76 -3. - Commercial docks.
(a) No commercial docks shall be permitted within the R -1, R -IA 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. This section
hall not be read to prohibit dock s. piers, mooring devices and seawalls owned or
operated by any homeowners association for the benefit of its members. Further,
nothing herein shall prevent any homeowners association from adopting rules and
regulations governing the use of association owned or operated docks._ piers,
mooring devices and seawalls for the benefit of its members.
Sec. 764. - 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 er- ee . I of vessels.
(a) No person shall anchoreer -ei- p or cause, permit or allow any other person
under his control or command to anchor meer - or- -park any live aboard vessel
within the R -1 and R -IA single - family dwelling districts, for a period of time in
excess of 72 continuous hours during any consecutive 30-day period, unless such
4
vessel or watercraft is anchored in'oeated an approved mooring area or deck
and with the consent of the owner of such approved mooring area er -Aoek.
(b) The anchoring, of live aboard vessels in all districts shall be at
an approved mooring area doek, pie-- ^r se w -a and a4aehed a secured by
approved methods and/or devices.
(c) For the purpose of this section, "live aboard vessel" shall mean:
(1) Any vessel being used as a living unit for use on water and/or 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 chapter 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 chapter, 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.
(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.
5
Sec. 76-8. – Maintenance.
Any structure or device constructed. erected or installed pursuant to this Chanter s—hal be
kept in good repair by the by the owner thereof and shall be subject to removal by the Village in
the event that such structure or device is determined to be unsafe or to create a navigation hazard
by the Village's Building Official or engineer. Any cost incurred by the Village associated with
said removal shall be assessed against the owner: however. notice and opportunity for a hearing
pursuant to Chapter 162. F.S.. shall be afforded to the owner prior to such removal by the
Villa e.
Secs. 76 -2 8.-76-19. - Reserved.
Article II. DOCKS, PIERS AND MOORING STRUCTURES
Division 1 Adjacent to the Loxahatchee River Waterway or Intracoastal Waterway
Sec. 76 -20. - Dock and pier lengtk width and configuration.
Secs. 76 -21– 76 -25. – Reserved.
S ec, 76 -20. - Dock and pier length6 width and configuration.
No dock or pier shall be constructed which extends waterward from the mean
highwater 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
highwater line measured in a straight line to the nearest point on the three -
foot mean low -water line: provided, however, the foregoing limitations
shall not prohibit a dock which does not extend waterward from the mean
high -water line m excess of six feet.
-b�- No dock or pier area shall be constructed with a maximum width in excess of six
feet.
Op 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.
6
25' Zv'
25' Setback Areas Into
Which "B "s Dock.May
Not Extend
MHWL
d
a
a
a
o�
Upland Riparian Parcel o
C6 Owned by "B"
a
t�
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.
7
1�
wt A
Property. Line �-
" B "
� 1 �
B
�
/ yt o � Dock deemed to comply with setback
requirement though lees than 25 feet
om property limes
P p
Oe Mooring or dolphin pilings may not be located within ten feet of the waterward
extension of the property line of any adioining riparian property owners, or more
than 15 feet waterward of a line peruendicular to and passing through the
waterward end -point of the centerline of any dock used with the same riparian
roperty. If more than one dock is in use with the same property, the end -point of
the dock extending furthest from the mean high -water line shall be used.
8
10' Wide Areas into which
"B "s Mooring Pilings May
Not be Placed
V-T
"B "s Mooring Pilings
May Not be Placed
A
Waterward of this Line
MIIWL
.a a
"All f1 'tBIp
a a
All sections or areas of any dock or pier which intersect at any angle with the
main portion of a dock or pier extending from the shoreline may not exceed a
total combined length of 20 feet.
9
MHWL
5'
5'
20'
:.-:. ��tZ
10'
0' 0' OF
The total area of all docks and viers located on any riparian parcel shall not
exceed 500 square feet for the first 150 linear feet of that parcel shoreline. The
total area of all such docks and piers may thereafter be increased by 250 square
feet for each additional linear 50 feet of that parcel shoreline
lei 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 division. Neither shall the reconstruction, alteration or new
construction of mooring devices such as boat lifts davits and whips be considered
as structural alterations for pumses of determining whether or not such
reconstructim 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.
Secs. 76 -21- 76-25. - Reserved.
10
Division 2. Adjacent to Canals
Sec. 76 -26. - Dock and pier length, width and configuration.
Sec. 76 -27. - Pilings, mooring devices and boatlifts.
Sec. 76 -28. - Maximum protrusion - all marine structures and watercraft.
Sec. 76 -29. - Marine structures at canal dead ends.
Sec. 76 -30. - Non - conforming structures.
See. 76 -26. - Dock and pier length, width and configuration.
Oa Docks and piers shall only be constructed along the adjacent property line or
seawall cap, as provided herein.
bN No dock or pier shall be constructed closer than 10 feet from the waterward
extensions of the adjacent property's side property lines.
(c No dock or pier shall extend into a canal more than six (6) feet from the landward
side of the adjacent platted property line.
d) No dock or pier shall be constructed to a height greater than four inches above the
top of the adjacent seawall, if any: otherwise to a height greater than four and one
half (4.5) feet above the mean high water line.
Ce All docks and piers shall be equipped with safety ladders from the dock or pier to
a depth of two (2) feet below the mean low water line of the canal.
(f A dock or pier must be structurally independent from any dock or pier located
adjacent to neighboring properties.
Sec. 76-27. - Pilings, mooring devices and boatlifts.
Oa A maximum of two (21 free standing mooring pilings shall be permitted per 100
linear feet of water frontage.
Nb Free standing mooring pilings shall be placed no further than the lesser of 20 feet
from or 25% of the canal width. as measured from the landward side of the
adjacent platted property line.
Uc Free standing mooring pilings may not be placed closer than 10 feet from the
waterward extensions of the adjacent property's side property lines.
dM Free standing mooring pilings shall be set in the canal so that they are no more
than eight (8) feet and no less than six (6) feet above the mean high water line.
e) All free standing mooring pilings shall be equipped with reflective devices
installed on all sides of said pilings and located no more than two (2) feet below
the top of the piling.
Upon installation of any free standing mooring piling, the adjacent property
owner shall provide the Village with a sealed certified survey depicting the actual
locations of the free standing mooring pilings.
Dolphin pilings are prohibited in any canal.
h- Boat davits, elevator lifts, cradle lifts, floating lifts or any other similar form of
boat lifting device may be constructed, erected or installed _ to extend into any
canal pursuant to the following regulations:
11
i. When in a fully raised position, no portion of such device or any
watercraft thereon may protrude beyond 20 feet from the landward side of
the adiacent platted property line.
ii. No boat lifting device shall be located, and no watercraft shall be
contained on any boat lifting device, in such a position that there is any
protrusion beyond 10 feet from the waterward extension of the adiacent
ropertv's side property lines.
iii. Such device may be constructed on_ or supported by the adiacent seawall
cap, or dock.
iv. All such devices shall be equipped with reflective markings along the 1
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
c ontained on any boat lifting device in such a position that there is any protrusion beyond 10 feet
from the waterward extension of the adjacent property's side property line. Nor shall there be
any protrusion into the canal by more than the lesser of 20 feet from. or 25% of the canal width .
as measured from the landward side of the adjacent platted property line.
Sec. 76 -29. — Marine structures at canal dead ends.
Oa Because dead end areas of canals do not allow for the standard application of the
regulations in this division, the intent of this section is to provide additional
regulations for properties with limited and/or unique frontages adiacent to canal
dead ends.
b� In addition to all applicable requirements of this division, properties with limited
and/or unique frontages adiacent to canal dead ends shall also be required to
comply with the following restrictions, as applicable:
Oc Canal dead end lots:
i. No dock_ pier, or boat lifting device shall be constructed closer than 20
feet from the waterward extensions of a canal dead end lot's side property
lines.
ii. Boat liftfing devices when in the fully raised position, shall be placed no
further than 20 feet from the landward side of the canal dead end lot's rear
platted property line.
iii. Free standing mooring pilings are prohibited.
iv. No marine structure shall be located and no watercraft shall be docked,
moored. or contained on any boat lifting device in such a position that
there is any protrusion beyond 20 feet from the canal dead end lot's side
property lines. Nor shall there be any protrusion into the canal by more
than 20 feet from the landward side of the canal dead end lot's rear platted
property line.
Canal lots bordering dead end lots:
i. No dock pier, or boat lifting 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 property line opposite the canal dead
end.
12
ii. Boat lifting devices when in the fully raised position, shall be placed no
further than 20 feet from the landward side of the lot's rear platted
roperty line.
iii. Fee standing mooring pilings are prohibited.
iv. No marine structure shall be locatLe d. and no watercraft shall be docked.
moored. or contained on any boat lifting device in such a position that
there is any protrusion beyond five (5) feet from the waterward extension
of the side property line opposite the canal dead end, or beyond 20 feet
from the canal dead end. Nor shall there be any protrusion into the canal
by more than 20 feet from the landward side of the lot's rear platted
property line.
13
I
I I
DEAD ENO LOT
85'0"
vQ �
30 .. 0 .. 20' 0 '.4o r
LIB
V
DANEL WIDTH
85'•0"
LEGEND
a UNOBSTRUCTED WATERWAY
® ALLOWABLE DOCK SURFACE MAXIMUM WIDTH IS 6 FOOT
MAXIMUM PROTRUSION ZONE
Oe Regardless of the foregoing, no dock. pier piling, mooring, boatlift or other
device or structure shall be permitted adiacent to properties that have limited
and/or unique frontages adiacent to canal dead ends if a safety or navigation
hazard will be created.
Sec. 76 -30. — Non - conforming structures.
Any non - conforming structure subject to the regulations of this division. which was
lawfully in existence prior to the adoption of this division, shall be allowed to remain as a legal
non - conforming structure, pursuant to the requirements of Chapter 78. Zoning. Article IV. Non-
conforming uses.
14
ARTICLE 14 M. BOATING RESTRICTED AREA
Sec. 76 -3120. - Tequesta Drive Bridge /North Loxahatchee River boating restricted area.
Sec. 76- - 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 minim 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.
15
Upon Second Reading this 14 day of June 2012, the foregoing Ordinance was offered by
Council Member Brennan who moved its adoption. The motion was seconded by Council
Member Okun and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Tom Paterno X
Vice -Mayor Vince Arena X
Council Member Abby Brennan X
Council Member Frank D'Ambra X
Council Member Steve Okun X
The Mayor thereupon declared the Ordinance duly passed and adopted this 14 day of June
2012.
MAYOR OF TEQUESTA
Tom Pate o
ATTEST:
Lori McWilliams, M C09'& m ;m�
bC
Village Clerk y�`� 'q : ay'
16