Have the Meanings Ascribcd to Them in This S Ection, Except Wh Re the Cep

Book 13 8 • Page

Agenda Item 12 (l '\ Meeting of 6/12/13

ORDINANCE 13-13302

AN ORDINANCE RELATING TO SEAWALLS, REVETMENTS AND WATERWAYS; A MENDING CHAPTER 16, BY DELETING ARTICLE VII, SEAWALLS AND REVETMENTS, SECTIONS 16-251, 16-252, 16- 253, AND 16-254; AMENDING CHAPTER 52, ARTICLE IV, SECTION 52-92, WATER RESOURCES, AND SECTION 52-93, DREDGING, FILLING AND OTHER MARINE CONSTRUCTION IN INLAND WATERS, OF THE CODE OF ORDINANCES, CITY OF NAPLES; PROVIDING A SEVERABILITY CLAUSE, A REPEALER PROVISION AND AN EFFECTIVE DATE.

WHEREAS, the Planning Advisory Board at its meeting of May 8, 2013, voted 7 to 0 to recommend approval of the proposed amendment;

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA:

Section 1. That Article VII, Chapter 16 of the Code of Ordinances of the City of Naples is deleted as follows (with underlining indicating additions and strikeout indicating deletions):

ARTICLE2.17Tt1Ti S7L'T-^1T E VI T

* Cross References: Waterways, . 42—

^. The follow words,terms and phr whcn used in t article, shall have the meanings ascribcd to them in this s ection, except wh re the cep

,t, Seawall means id upright structure—which— serves to separ - real property or ony improvements thereon from any natural or human-made body of water. H 99 § Code^ (Comp. ^^-e e^- 1990,^ 5-10-1; .. ^cc^ ^1994, ^ ^ ^9 ^siT231 Cross References: Definitions generally, § 1-2.

(a) It is hereby declared unlawful and a public nuisance for any property

owner in the city to permit, or to fail to repair or r any failed seawall or revetment upon such person's property. It is further declared unlawful and a public nuisance for any property owner to fail to remove from such person's property or an adjacent body of water the debris and rubble of any failed seawall or reve tment.

(b) In no ease will a failed revetment be replaced with a vertical seawall. Revetments being more environmentally sound and desirable than vertical seawalls, the city encourages individual property owners to replace failed L L f d t seawalls with revetments, such ^-c-crrr-p ^eT^ ^c-^.._ yd r^^vzrc Book 138 • Page

Ordinance 13-13302 Page 2

(c) Seawalls end revetments located seaward of the coastal construction setback line or the city' development code, are controlled by section 52-33 and by the division of beaches and shores of the state department of environmental protection (nec F.A.C . 625-33) . Replacement of a failed seawall or revetment that in located seaward of the coastal construction setback line necessitates submission of a permit application to the state department of environmental protection and a variance petition to the city. n_7 ( Dcv. 1990, § 5-10-2; Code 1994, § 94-232)

the provisions of thin article; however, the jurisdiction of the code enforcement b oa rd shall not be exclusive.

. jurisdiction as is necessary —te--prevent or reined anyfailure or refusal to comply with any of the provisions of this article. Such other lawful action shall include but shall not be limited to an equitable action for injunctive relief or action at law for damages or foreclosures of ens .Nothing contained in this article shall be construed to limit or otherwise adversely affect an adjoining property owner's right to seek redress for damages resulting from a failed seawall or re ent .

' ? E y liea 3' i There is--attaehed to Ordinance--Ne 8; -52 2 "City Seawall and Revetment Regulations--Technical Specification, consisting of pages 1 through 15, inelusive ef design figures. All seawalla and revetments n co structed reconstructed repaired altered, projected or prolonged in the city after the effective date of Ordinance No. 87-5221 must meet or exceed these technical specifications--as follows:

(2) Najer repairs to the seawall or revetment which necessitate physical replacement of any portion of the structural support shall require compliance with all applicable provisions of the te chnical- specifications for that portion of the seawall or revetment. Any portion of a seawall which still life be atilized regardless of its compliance with these technical specifications, upon certific a en by the licensed contractor carryin g our- the repair, and submission of e—certification.

(3) Reconstruction of any seawall or revetment requiring the complete reinstallatien of the sheet pile portion of the structural support system, er any new seawall or revetment section installed adjacent te or independently from any existingseawu l l or revetment, require complete conformance with all sectionsof the t echniea' specifications for t ha portion of the seaw all or revetmen t. Book 138• Page

Ordinance 13-13302 Page 3

e ^ ) AlternativecTrra--^roê—êe#i^6^6 ^ —Alternate technologies "ê^k--^Sî^rc =fir sediment-filled cylindrical bags, may be appropriate for some applications. Proposing ouch devices or technologies is not prohibited, but the engineering documentation accompanying ouch proposals must substantiate their equivalency to the standard seawall and revetment designs specified in this section. Code1994, 94-234; 12- 20-1995)

Section 2. That Section 52-92 of the Code of Ordinances of the City of Naples is amended to read as follows (with underlining indicating additions and strikeout indicating deletions)

Sec. 52-92. Water resources generally.

(d) Construction of seawalls, groins and other beach erosion control structures.

(3) All applications - for permits to construct seawalls alefig the Gulf of Mexico or any bayfront property within the city, where a bulkhead lin e is not alr eady established, or where thereis some reason for not filling b e hi nd the bulkhead line, shall, a fti submission to the department of development services, be presented to the city manager for a recommendation. After a recommendation i made the application for the permit to construct the seawall, accompanied by a certified survey showing the location seawalls therein, shall be presented to theF city council for approval.

All applications for permits to construct groins or other beach erosion control structures along the Gulf of Mexico shall, af ter submission to the department of development services, be presented to the city manager for a recommendation. After the recommendation is made, the application for the permit to construct groins or other beach erosion control structures, accompanied by a certified survey showing the location of the groin or other beach erosion control structure and adjoining groins or other beach erosion control structures n , shall be presented to the city council for final approval. Where steps are necessary to provide access along the beach to the public, then such steps shall be shown as part of the plan for groin construction prior to issuance of the permit, and such steps shall be constructed and maintained in a safe Book 138• Page

Ordinance 13-13302 Page 4

condition at all times.

2) It is hereby declared unlawful and a public nuisance for any property owner in the city to permit a seawall or revetment to fail or to fall into disrepair; or to fail to repair or reconstruct any failed seawall or revetment or any seawall or revetment in disrepair, upon such person's property or adjacent to and protecting such person's property. It is further declared unlawful and a public nuisance for any property owner to fail to remove from such person's property or an adjacent body of water the debris and rubble of any failed seawall or revetment, or seawall or revetment in disrepair, belonqinq to such person.

(3) Existing seawalls and revetments on natural waterbodies may be replaced with a revetment or with a vertical seawall with the provision of rip rap placed at the base of the wall up to the mean high water line for the entire length of the seawall. Revetments and seawalls may be replaced with a vertical seawall in manmade waterbodies, provided that the seawall is within the property line and maintains the established shoreline. Revetments being more environmentally sound and desirable than vertical seawalls in natural waterbodies, the city encourages property owners to replace failed seawalls with revetments, if such a replacement can be effected without disturbing the structural integrity of neighboring or adjacent shorelines.

(4) The top of cap elevation for all replacement and new seawalls and seawall caps shall not exceed 4.8 feet N.A.V.D. If the top of a seawall cap is constructed at an elevation differing from the adjacent property owner top of cap elevation by greater than one foot, then a return wall is required to sufficiently provide for the break in grade at the property line. Seawalls exceeding 4.8 feet N.A.V.D. in height prior to the effective date of this Ordinance may be maintained, repaired and replaced to their current height.

5) Seawalls and revetments located seaward of the coastal construction setback line or the city's most restrictive setback line, as defined in the land development code, are controlled by section 52-33 of this code and by regulations of the Division of Beaches and Shores of the Florida Department of Environmental Protection. Replacement of a seawall or revetment that is located seaward of the co astal construction setback line necessitates submission of a permit application to the state department of environmental protection and a variance petition to the city.

6) The placement of a new seawall waterward of an existing seawall is permitted, subject to the following conditions:

a. A Florida registered professional engineer must certify the new seawall design.

b. The new seawall shall not extend more than 18 inches from the waterward face of the original alignment of the existin vertical seawall location.

c. The new seawall shall be placed vertically plumb. Book 138 • Page

,- - Ordinance 13-13302 Page 5

d. Placing a seawall in front of an existing seawall shall only be permitted once unless the seawall behind the new seawall is

e. Existing seawall sections that interfere with new seawall location shall be removed.

f. The new seawall shall include an adequate closure of gaps at each propert y line.

q For zoning purposes, the setbacks for the property will be measured from either the property line or the waterside of the original seawall slab, whichever is more restrictive, and will not be adjusted to accommodate the new seawall addition. For purposes of pier construction, the shore normal dimensions will be measured from the waterside of the original seawall slab.

(7) Prior to final inspection and approval of a new or replacement seawall or seawall cap, a post-construction survey shall be required. Repairs of existing seawalls and seawall caps which do not alter the height or location shall not be subject to this requirement unless determined to be necessary by the city manager to ensure compliance with applicable codes and regulations.

(8) On all natural waterways, an apron of rip-rap shall be placed at the base of all new and repaired seawalls up to the mean high water line for the entire length of the seawall to absorb the wave energy and protect the underlying soft earth or sand from being carried away, as well as to provide habitat for desirable marine species. This rip-rap shall be required at the base of all new seawalls and at the time that an existing seawall is repaired where the replacement constitutes greater than 50 percent of the entire length of the seawall or includes the replacement of a panel.

9) A retaining wall may be built as an alternative to a vertical seawall, provided that all activities, including dredging, filling, slope grading, or equipment access and similar activities and all portions of the wall are located landward of the mean high water line. Book 138• Page

Ordinance 13-13302 Page 6

Cross-section of retaining wall

wetland delineation line - MHW or OHW line

R u w s E p e : u w FILL T I t r a A a •^^ I fir` f t I n ;^` a ^^ a e d n c r N N d e G WALL NATURAL GRADE WATER

(10) Application requirements.

a. All plans and specifications for seawalls and revetments shall be prepared by a licensed or registered professional engineer registered in the State of Florida.

b. The design of the structures shall adequately address all soil; and all live, dead and hydrostatic loadings expected to exist during the life of the structure.

c. All applications for permits to construct or replace seawalls along any property within the city that fronts upon a natural waterbody shall be presented to the city manager for a recommendation. After a recommendation is made, the application for the permit to construct the seawall, accompanied by a certified survey showing the location of the seawall and adjoining seawalls therein, shall be presented to the cit y council for final approval.

d. Applications for permits to construct or replace seawalls fronting on a manmade waterbody shall be reviewed by the city manager for approval. The city manager shall review the plans and specifications to determine if all appropriate engineering certifications are provided. Upon determination that all certifications are provided, the city manager shall issue a permit to perform such work.

Section 3. That Section 52-93 of the Code of Ordinances of the City of Naples is amended to read as follows (with underlining indicating additions tri e and s k out indicating deletions)

Sec. 52-93. Dredging, filling and other marine construction in inland waters.

(a) Permit and approval procedures; exemptions from permit.

(1) Purpose; general policy. It is hereby declared that the purpose of this section is to protect the littoral zone in the inland waters of Book 138 • Page

Ordinance 13-13302 Page 7

the city. This fragile zone is essential to the abundance and variety of marine life in the inland waters of the city and impacts ultimately on the cleanliness, productivity and usefulness of the city's bays, streams, canals and rivers. Because of past marine construction activities and dredging and filling projects already undertaken in the bay, the littoral zone has already been stressed beyond a desirable degree. In general, therefore, dredging and filling in this littoral zone area is declared to be harmful and may well cause irreparable damage, thereby diminishing forever the quality of life for the citizens of the city. With this understanding, the following provision is adopted: No dredging or filling shall be performed in, upon or contiguous to any inland water area of the city, including but not limited to construction under section 52-92(c) through (e), until approval of such work has been obtained in accordance with the procedures and requirements set forth in this section.

(2) Definitions. For the purpose of this section, the following words and terms shall have the meanings respectively ascribed to them as follows:

Failed seawall or revetment means a seawall or revetment that has failed structurally or that does not serve to stabilize the position of the shoreline.

Littoral zone means the shallow bottom land fringing the shoreline and islands within the inland waters of the city, from the surface down to a depth of approximately 6 feet at mean low water.

Maintenance dredging means the dredging of an existing hum-manmade canal or channel, where the spoil material is to be removed and deposited on a self-contained upland spoil site which will prevent the escape of the spoil material into the waters of the state, provided that no more dredging is to be performed than is necessary to restore the canal or channel to original design specifications, and provided that control devices are utilized to prevent turbidity and toxic or deleterious substances from discharging into adjacent waters during maintenance dredging (ccc F.A.C. 62-312.0 5 0).

Manmade waterbodv means an artificiall y created bod y of water that has been totally or substantially dredged or excavated and which does not overlap natural wetlands or other surface waters.

Mooring piles includes dolphins or other pilings which are placed to provide anchorage, mooring or space for a ship or boat.

Natural waterbody means a waterbody that is not manmade, including without limitation, Naples Bay, Dollar Bay, Haldeman Creek, Rock Creek, the Gordon River and the Gulf of Mexico.

Required side yard setback means those lines defined in the zoning ordinance, beyond which the property owner may not build.

Retaining wall means a stabilization structure that is substantially or functionally identical to a seawall, except all portions of the wall are in the uplands, landward of the mean high water line and Book 138 • Page

Ordinance 13-13302 Page 8

all activities, such as dredging, filling, slope grading, or •^ equipment access, are confined to uplands.

Revetment means a sloping rip rap structure which serves to separate real property or any improvements thereon from any natural or manmade bod y of water.

Seawall means any solid upright structure which serves to separate real property or any improvements thereon from any natural or manmade body of water.

(3) Application for approval. All applications for approval of construction under this section shall be submitted to the city manager. Upon rccci pt of icatier —the—city managc r shall make

However, c Each application shall contain the following information:

a. The application shall include an affidavit of ownership of the upland property abutting the proposed construction activities.

b. The application shall include a written statement describing the proposed construction activities or project.

c. The application shall include a plan or sketch of the proposed construction activities or structure sufficient in detail to show the mean high-water line, the mean low-water line, the official bulkhead line, designation of soundings and elevations in the area of the construction, a simple description of shoreline vegetation and the location and approximate relation of the construction to adjacent properties and existing coastal construction in the area. All applications and plans shall be prepared by a registered state engineer to meet the requirements of this land development code and shall bear the name, address and official seal of the engineer.

e---app li catien shall includc =ti - name. s a nd addresses of adjoining property owncrs whosc property also adjoins thc waterway, 7 the ease of construction activities within — c^^ Z than 1 L`CT—.cc^^ c^vP^ ^7^ att t^tC^L,,-, constructionfit,-.,-,.,^.+- to , th -, ; th; 200 namcs and edress cs of property owners w fcct —ef t — ee^^e^ er the^rre constructionee^2 ^rr^^Sthe i^,^,rc—e^--crrct h, ^rcc-r, a „ t , y opposite the proposc construction. i- - de. If the proposed activity is within a natural water body, the application must include a copy of a state department of environmental protection authorization to proceed under a noticed general permit or a letter from the department of environmental protection indicating that the proposed activity is exempt from the need for a dredge and fill permit under F.A.G. 17-4.040(9) r ; or indicate whether the state authorization has been applied for. An y cit y permit issued Book 138 • Page

Ordinance 13-13302 Page 9

under this provision is subject to any state or federal permit or exemption .

e-f. if thc projcct rc guir of b--Biological, hydrographic or ecological surveys pursuant to F.S. § 253.12 or othcr applicablc laws, such survcys shall be included with the application.

(4) Approval procedure.

Upon receipt of an application, the city manager shall make a determination as to whether the proposed activities occur in the manmade canal or natural water body and inform the applicant of such

a. Approval by city council. Approval of the city council must be obtained for all dredge and fill activities, except as provided in subsection (a)(4)b of this section, in accordance with the following procedure:

1. The application shall be submitted to the city manager in compliance with subsection (a)(3) of this section. The city manager will investigate and review the proposed plan and give notice of a public hearing to consider the application in a newspaper of general circulation in the city at least 10 days prior to the public hearing. Such publication shall include a brief description of the proposed work and the location thereof. Copies of such notice shall be mailed to the property owners described in the application.

2. If the city council shall find that the proposed activities or project will not violate any statute, zoning law, ordinance or other restrictions which may be applicable thereto; that no harmful obstruction to or harmful alteration of the natural flow of the navigable water within such area will arise from the proposed construction; that no significant biological or ecological adverse impact will result therefrom; that no harmful or increased erosion, shoaling or channels or stagnant areas of water will be created thereby; and that no material injury or monetary damage to adjoining land will accrue therefrom, the application may be approved, or approved with conditions, subject to approval of the appropriate departments of the state and the U.S. Army Corps of Engineers.

3. When an application is approved, the city council may require, as a condition of the permit, that protective measures, including but not limited to turbidity screens, be employed to prevent harmful biological, ecological or hydrological impacts from occurring to the surrounding waters.

b. Issuance of permit by city manager. Book 138 • Page

Ordinance 13-13302 Page 10 FM 1. The following dredge and fill activities shall be permitted by the city manager:

i. Maintenance dredging of boat slips.

ii. Filling of boat slips, providing the activity is carried out in a manner that does not cause increased turbidity in the adjacent waterway. Such precautionary measures include the use of full water-column turbidity screens or constructing a new bulkhead or seawall section across the mouth of the boat slip prior to beginning the fill operation.

iii. Maintenance dredging in —cla II I ,ater G defineda^^ F.A.C. 62_302 53n; providing the dredging is confined to the area,- adjacent to an existing dock,- that would be occupied by a vessel approaching, departing or moored to the dock. The dimensions of the area to be dredged will be finalized after a site visit by the city manager. Disturbance of productive substrates, such as oyster bars, may require mitigation. If so, a mitigation plan will be arranged with the city manager. The maximum depth of maintenance dredging shall not exceed below 5 feet mean low water. Removal of intertidal or subtidal sediment, organisms or vegetation from the littoral zone i mmediately adjacent to a seawall or beneath a dock will not be permitted. The width of this zone will be determined after a site visit by the city manager. Dredging will not be permitted adjacent to a proposed or newly constructed dock, if the dock could have been designed to avoid the need for dredging. Such design measures include positioning the dock appropriately along the shoreline, as well as bridging near shore shoal areas.

iv. Recapturing of existing submerged land up to and no further than the platted property line in manmade waterbodies, including only that backfilling necessary to level the land. This allowance does not apply to the R1-15A district, which is exempt from this subsection.

2. The application for approval of dredge and fill activities under subsection (a)(4)b.1. of this section shall contain the following information:

i. Affidavit of ownership of the upland property abutting the proposed construction activities.

ii. A written statement describing the proposed construction activities or project. Book 138 • Page

Ordinance 13-13302 Page 11

iii. A plan or sketch of the proposed construction - , activities or structure sufficient in de and quality to chow the mean high-water line, the — , v l k d l rrr^^n low-water the, cn^official^s^urT'.-rreuc —rizre, designation of soundings and elevations in the area of the construction, a simpl e—description of = n n.-d shoreline v egetatio and intertidal habitat, and t the the location an CT^Le^TCCC relation Vof L theL V construction to adjacentpropertiesL and existing coastal construction in the area.

iii. A survey of the property depicting the property line, the existing mean high water line, mean low water line and the official bulkhead line.

iv. A plan or sketch of the proposed construction activities or structure sufficient in detail and quality to show the location and approximate relation of the construction to the mean high- water line, the mean low-water line, the official bulkhead line, the adjacent properties and existing coastal construction in the area, as well as a designation of soundings and elevations in the area of the construction and a simple description of shoreline vegetation and intertidal habitat.

v. 4-- Each application shall be accompanied by payment of a fcc of . An applicant denied a permit under this subsection can apply for a permit under subsection (a) (3) and subsection (a)(4) a of this section.

3. The following activities associated with the construction of a dock or seawall shall be exempt from permit requirements: dredging in bottom lands that exceed 6 feet in depth at the mean low-water line or are located further than 100 feet from the nearest mean low- water line. This exemption shall not apply if state or federal approval is required, in which event such application shall be processed in the manner provided in subsection (a)(4) of this section.

4. The previous subsections notwithstanding, any proposed dredge and fill project that requires a permit from the state department of environmental protection under F.A.C. ch. 62 2 40E-4 62-3 1must apply for a city permit, as set forth in subsection (a)(3) of this section.

(5) Expiration of permit. Permits issued under this section shall be good for 1 year from the date of issuance. Extensions of this period may be granted by the city manager for an additional period of 6 months for good cause shown where delay has not been the fault of the applicant or the applicant's agents.

(6) Exceptions from permit requirement. No permit for docks, mooring Book 138 • Page

Ordinance 13-13302 Page 12

piles or seawalls is required under this section. However, the construction of such devices is an improvement requiring the purchase of a building permit from the city under the Florida Building Code. Upon payment of the appropriate permit fees and evidencing that all required state and federal permits have been obtained, the permit shall be issued so long as the following conditions are met:

a. The dock complies with all regulations provided in Section 56- 93 of this Code. dees- not -cncroaeh into thercquircd s ide—ycird sct bae k l i rrtcit i e ors on property ci the w o., t, unicos cidjciccnt p roperty owner conscnts in writing, cind c ems--net cxcccd t he limitcitions rcgulcitions--a plieablc to the crcci in whi c h t e dock is e, str cte

b. All seawalls are designed by a professional engineer whose name, address and official seal appears on the construction plans. However, the following construction is exempt from the requirements of design by a professional engineer:

1. Riprap slope protection devices, where no vertical seawall is constructed; and

2. Repair of existing seawalls consisting of grouting, patching or replacement of tiebacks, but not including replacement of any section parts.

(b) Permit fee. The fee and charge for obtaining a permit for construction or excavation under section 52-92 and bccctier (ci) of this section shall be as set forth in Appendix A, Fees and Charges Schedule , to this Code, which shall be payable at the time of filing the application the cf.

Section 4. If any word, phrase, clause, subsection or section of this ordinance is for any reason held unconstitutional or invalid, the invalidity thereof shall not affect the validity of any remaining portions of this ordinance.

Section 5. That all sections or parts of sections of the Code of Ordinances, City of Naples, all ordinances or parts of ordinances, and all resolutions or parts of resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict. The transfer of Article VII of Chapter 16 revives such regulations to the extent that they are incorporated into Sections 2 and 3 of this ordinance.

Section 6. This ordinance shall take effect immediately upon adoption at second reading.

FIRST READING DECLARED THIS 5TH DAY OF JUNE, 2013.

J Book 138 • Page

Ordinance 13-13302 Page 13

PASSED AND ADOPTED AT SECOND READING AND PUBLIC HEARING IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA THIS 12TH DAY OF JUNE, 2013.

Attest:

Patricia L. Ra osk, City Clerk 7 ohn F. Sorey III, 'ayor Approved as to form and legality:

Robert D. Pritt, City Attorney

M:\REF\COUNCIL\ORD\2013\13-13302 — Date filed with City Clerk: & /3 —13 Book 138 • Page

I hereby certify that this page in the official records of the City of Naples was intentionally left blank.

Deputy City lerk