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Ordinance No. 2019-07

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Ordinance No. 2019-07 1 ORDINANCE NO. 2019-07 2 3 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 4 NORTH PALM BEACH, FLORIDA AMENDING CHAPTER 5, “BOATS, 5 DOCKS AND WATERWAYS,” OF THE VILLAGE CODE OF ORDINANCES 6 BY AMENDING ARTICLE I, “IN GENERAL,” TO AMEND SECTION 5-1, 7 “DEFINITIONS;” AMENDING ARTICLE III, “CONSTRUCTION 8 REQUIREMENTS,” BY AMENDING DIVISION 3, “BULKHEADS AND 9 SEAWALLS,” TO AMEND SECTION 5-70, “SUBMISSION OF 10 SPECIFICATIONS AND PLANS,” TO REQUIRE REVIEW BY THE 11 VILLAGE ENGINEER, AMEND SECTION 5-71, “SPECIFICATIONS,” TO 12 UPDATE THE CONSTRUCTION AND ENGINEERING STANDARDS, 13 ADOPT A NEW SECTION 5-72, “MINIMUM DESIGN REQUIREMENTS 14 FOR SEAWALLS,” TO ADOPT NEW DIMENSIONAL, COMPATIBILITY 15 AND ELEVATION REQUIREMENTS FOR SEAWALL CAPS AND ALLOW 16 FOR RECONSTRUCTION OF AN EXISTING SEAWALL OR BULKHEAD 17 BEYOND THE PROPERTY LINE IN SPECIFIED CIRCUMSTANCES, 18 AMEND SECTION 5-73, “INSPECTION,” TO CLARIFY AND EXPAND THE 19 PERMITTING AND INSPECTION REQUIREMENTS; AMENDING ARTICLE III, 20 “CONSTRUCTION REQUIREMENTS,” BY AMENDING DIVISION 4, 21 “DOCKS AND PIERS,” TO AMEND SECTION 5-81, “DEFINITIONS,” 22 AMEND SECTION 5-82, “GENERALLY,” TO CLARIFY THE UPLAND 23 PROPERTY OWNER, REQUIRE ALL CONSTRUCTION DOCUMENTS BE 24 SIGNED AND SEALED BY AN ENGINEER, REQUIRE SUBMITTAL OF 25 POLLUTION CONTROL PLANS AND REGULATE FENCING ON BULKHEADS 26 OR SEAWALL CAPS, AMEND SECTION 5-83, “MINIMUM DESIGN 27 REQUIREMENTS,” TO MODIFY THE STANDARDS FOR DECKING 28 ELEVATIONS, FLOATING DOCKS, AND PILING, DOLPHINS AND TIE POLES; 29 AMEND SECTION 5-84, “REGULATIONS GOVERNING CONSTRUCTION 30 IN WATERS OTHER THAN LAKE WORTH AND ATLANTIC OCEAN,” TO 31 UTILIZE THE PROPERTY LINE FOR MEASUREMENT AND CLARIFY 32 EXISTING PROVISIONS, AMEND SECTION 5-85, “REGULATIONS 33 GOVERNING CONSTRUCTION IN LAKE WORTH AND ATLANTIC OCEAN,” 34 TO UTILIZE THE PROPERTY LINE FOR MEASUREMENT AND CLARIFY 35 EXISTING PROVISIONS, AND AMEND SECTION 5-86, “VARIANCES,” TO 36 AUTHORIZE VARIANCES FROM THE DIMENSIONAL REQUIREMENTS AND 37 CLARIFY THE PROCEDURE; AMENDING CHAPTER 7, “BULKHEAD LINES,” 38 OF THE VILLAGE CODE OF ORDINANCES BY AMENDING ARTICLE I, 39 “IN GENERAL,” TO DELETE SECTION 7-1, “ESTABLISHED; DESIGNATED,” 40 AND AMEND SECTION 7-2, “FILLING OPERATIONS BEYOND BULKHEAD 41 LINE; PROHIBITED,” TO REMOVE ALL REFERENCES TO BULKHEAD LINES 42 AND AMENDING ARTICLE II, “FILLING PERMIT,” TO MODIFY AND 43 SIMPLIFY THE PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING 44 FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 45 46 WHEREAS, the Village Council wishes to amend Chapter 5, “Boats Docks and Waterways,” of the 47 Village Code of Ordinances to, among other things: modify the definitions; update the permitting, 48 inspection and construction requirements for bulkheads, seawalls, docks and piers; provide minimum 49 and maximum elevations for seawall caps; allow replacement of an existing bulkhead or seawall up 50 to eighteen inches waterward of the rear property line; utilize the property line for measurement; and 51 clarify existing regulations and procedures; and Page 1 of 18 1 WHEREAS, the Village Council also wishes to amend Chapter 7, “Bulkhead Lines,” of the 2 Village Code of Ordinances to remove all references to bulkhead lines and modify and update 3 the requirements applicable to fill permits; and 4 5 WHEREAS, the Village Council determines that the adoption of this Ordinance is in the interests 6 of the public health, safety and welfare of the Village and its residents. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 9 OF NORTH PALM BEACH, FLORIDA as follows: 10 11 Section 1. The foregoing “whereas” clauses are hereby ratified as true and are incorporated herein. 12 13 Section 2. The Village Council hereby amends Chapter 5, “Boats, Docks and Waterways,” 14 by amending Article I, “In General,” by amending to Section 5-1, “Definitions,” to read as follows 15 (new language is underlined): 16 17 Sec. 5-1. Definitions. 18 19 As used in this chapter, unless the context indicates otherwise, the 20 following terms shall have the indicated meanings: 21 22 * * * 23 24 NAVD88 or the North American Vertical Datum of 1988 means the 25 vertical datum used for vertical control surveying in the conterminous United 26 States and Alaska. 27 28 * * * 29 30 Section 3. The Village Council hereby amends Chapter 5, “Boats, Docks and Waterways,” 31 by amending Article III, “Construction Requirements,” to read as follows (new language is 32 underlined and deleted language is stricken through): 33 34 * * * 35 36 DIVISION 3. BULKHEADS AND SEAWALLS 37 38 Sec. 5-69. Compliance with division required. 39 40 All bulkheads or seawalls to be constructed within the corporate limits of 41 the village shall meet the requirements set forth in this division. 42 43 Sec. 5-70. Submission of plans and specifications. 44 45 Plans and specifications for any bulkhead or seawall to be constructed 46 within the corporate limits of the village shall be submitted by an engineer 47 registered in the state and shall bear his or her certification and seal on the face 48 thereof. The village engineer shall review all applications for bulkhead or seawall 49 repair or reconstruction. 50 51 Page 2 of 18 1 Sec. 5-71. Specifications. 2 3 All bulkheads and seawalls to be henceforth constructed within the village 4 shall be of reinforced or prestressed concrete construction and shall be subject to 5 the following minimum requirements of this division. Material substitutions and 6 deviations and alternative construction methods may be administratively approved 7 with the mutual consent of both the village engineer and the village building 8 official. 9 10 (1) All materials and construction methods utilized in the construction 11 shall conform to the applicable portion of the latest edition of the 12 state department of transportation Florida Department of 13 Transportation (FDOT) sStandard sSpecifications. for Road & 14 Bridge Construction. All precast prestressed concrete piles shall be 15 produced at an FDOT certified prestress manufacturing facility. 16 17 (2) Bulkheads and seawalls may be of either the king pile-and-slab 18 type or of the tongue-and-groove-concrete-sheet-pile type or of any 19 other type which contains comparable or better qualities for the 20 purposes of bulkheads or seawalls, depending upon the 21 recommendation of the designing engineer. All bulkheads and 22 seawalls shall be capped with a continuous reinforced concrete cap 23 a minimum of ten (10) inches in depth and fifteen (15) inches in 24 width and shall be provided with a two-inch chamfer on the top 25 edges of the cap. All bulkheads or seawalls shall be of the 26 anchored type using a suitable tie-back system. The bulkhead cap 27 shall be placed at elevation five and five-tenths (5.5) feet mean sea 28 level, or shall conform to the elevation of the bulkhead caps in 29 existence on adjacent property insofar as possible. Special 30 exceptions to this elevation requirement may be granted if the 31 installation is in connection with commercial or industrial development. 32 33 (3) All reinforcing steel shall be provided with a minimum of two and 34 one-half (2½) inches of concrete cover. Exposed steel and anchors, 35 tie rods, etc., shall be coated with a protective coating of an 36 approved type to prevent corrosion. 37 38 (4) All exposed concrete shall be troweled or rubbed smooth prior to 39 setting whether concrete is cast-in-place or precast construction. 40 41 (5) Plans submitted for the construction of bulkheads and seawalls 42 shall contain a cross section of the proposed channel on the canal 43 side of the bulkhead wall. 44 45 (2) Bulkheads and seawalls may be of either the king pile or concrete 46 sheet pile type. 47 48 (3) All bulkheads and seawalls shall be capped with a continuous 49 reinforced concrete cap. All concrete corners shall be chamfered 50 three quarters of an inch (¾”) minimum. 51 Page 3 of 18 1 (4) The design of the bulkhead wall shall conform to recognized 2 engineering standards and calculation methods for bulkhead 3 structures and shall take into account the following: 4 5 (a) Load and resistance factors applicable for the engineering 6 analysis and design of the wall; 7 8 (b) Differential hydrostatic pressure due to tides and 9 stormwater runoff; 10 11 (c) Surcharge loads on the bulkhead wall; 12 13 (d) Potential for erosion at the toe of the wall; and 14 15 (f) Backflow prevention for drainage outfalls, where applicable. 16 17 (5) The dimensions of each component of the concrete wall shall be 18 sized so that the concrete cover over the steel reinforcing bar is a 19 minimum of four inches (4”) for all external surfaces and surfaces 20 exposed to saltwater and cast against earth and a minimum of three 21 inches (3”) for all formed surfaces not in contact with saltwater. 22 23 Sec. 5-72. Reserved Minimum Design Requirements for Seawalls. 24 25 All bulkheads and seawalls constructed shall within the village shall 26 comply with the dimensional and compatibility requirements of this section. The 27 provisions of this section shall not apply to repairs to existing bulkheads and 28 seawalls where the total cost of the repairs is less than fifty percent (50%) of the 29 replacement cost of the bulkhead or seawall. 30 31 (1) Seawalls and bulkheads shall not be constructed beyond the rear 32 property line, provided however, a property owner may reconstruct 33 an existing seawall or bulkhead no more than eighteen inches (18”) 34 waterside of the property line. Any extension waterside beyond 35 eighteen inches (18”) from the property line shall only be approved 36 by the village council in accordance with the fill permit process set 37 forth in chapter 7 of this code.
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