HomeMy Public PortalAboutORD 78/02e
JOHNSTON
SASSER & RANDOLPH
10 OKEECHOBEE BLVD.
EST PALM BEACH, FLA.
33402
ORDINANCE NO. 78 -2
AN ORDINANCE OF THE TOWN OF GULF STREAM,
FLORIDA, AMENDING ORDINANCE NO. 74 -6 IN
ORDER TO BRING THE REGULATIONS OF THE TOWN
OF GULF STREAM CURRENT WITH THE NATIONAL
FLOOD INSURANCE PROGRAM REGULATIONS IN
ACCORDANCE WITH SECTION 1910.3(e) EFFECTIVE
DECEMBER 1, 1976 PROVIDING FINDINGS OF FACT;
STATEMENT OF PURPOSE; OBJECTIVES; DEFINITIONS;
GENERAL PROVISIONS REGARDING LANDS TO WHICH
THE ORDINANCE APPLIES; BASIS FOR ESTABLISHING
THE AREAS OF SPECIAL FLOOD HAZARDS; ESTABLISH-
MENT OF DEVELOPMENT PERMIT; COMPLIANCE;
ABROGATION AND GREATER RESTRICTIONS; INTERPRE-
TATION; WARNING AND DISCLAIMER OF LIABILITY;
PENALTIES FOR VIOLATION; ADMINISTRATION; PERMIT
PROCEDURES; VARIANCE PROCEDURES; PROVISIONS FOR
FLOOD HAZARD REDUCTION; SPECIFIC STANDARDS;
STANDARDS FOR SUBDIVISION PROPOSALS; PROVIDING
FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the Town Council of the Town of Gulf
Stream, Florida, as follows:
ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND
OBJECTIVES
SECTION A. STA'T'UTORY AUTHORIZATION
The Legislature of the State of Florida has in Chapter 166, Florida
Statutes, delegated the responsibility to local governmental units
to adopt regulations designed to promote the public health, safety,
and general welfare of its citizenry. Therefore, the Town Commission
of the Town of Gulf Stream, Florida does ordain as follows:
SECTION B. FINDINGS OF FACT
(1) The flood hazard areas of the Town of Gulf Stream are
subject to periodic inundation which results in loss of
life, property, health and safety hazards, disruption
of commerce and governmental services, extraordinary
public expenditures for flood protection and relief,
and impairment of the tax base, all of which adversely
affect the public health, safety and general welfare.
(2) These flood losses are caused by the cumulative effect
of obstructions in flood plains causing increases in
flood heights and velocities, and by the occupancy in
flood hazard areas by uses vulnerable to floods or
hazardous to other lands which are inadequately elevated,
flood - proofed, or otherwise protected from flood damages.
JOHNSTON
SASSER & RANDOLPH
IO OKEECHOBEE BLVD.
EST PALM BEACH, FLA.
33402
SECTION C. STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health,
safety and general welfare and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:
(1) restrict or prohibit uses which are dangerous to health,
safety and property due to water or erosion or in flood
heights or velocities;
(2) require that uses vulnerable to floods, including
facilities which serve such uses, be protected against
flood damage at the time of initial construction;
(3) control the alteration of natural flood plains, stream
channels, and natural protective barriers which are
involved in the accomodation of flood waters;
(4) control filling, grading, dredging and other development
which may increase erosion or flood damage; and,
(5) prevent or regulate the construction of flood barriers
which will unnaturally divert flood waters or which may
increase flood hazards to other lands.
SECTION D. OBJECTIVES
The objectives of this ordinance are:
(1) to protect human life and health;
(2) to minimize expenditure of public money for costly flood
control projects;
(3) to minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at
the expense of the general public;
(4) to minimize prolonged business interruptions;
(5) to minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone and
sewer lines, streets and bridges located in flood
plains;
(6) to help maintain a stable tax base by providing for the
sound use and development of flood prone areas in such a
manner as to minimize future flood blight areas; and,
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JOHNSTON
SASSER & RANDOLPH
10 OKEECHOBEE BLVD.
EST PALM BEACH, FLA.
33402
(7) to insure that potential home buyers are notified that
property is in a flood area.
TICLE 2. DEFINITIONS
Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted so as to give them the meaning they
have in common usage and to give this ordinance its most reasonable
application.
"Appeal" means a request for a review of the Town Clerk's interpre-
tation of any provision of this ordinance or a request for a variance.
"Area of special flood hazard" is the land in the flood plain within
a community subject to a one percent or greater chance of flooding
in any given year.
"Base flood" means the flood having a one percent chance of being
equalled or exceeded in any given year.
"Breakaway walls" mean any type of walls, whether solid or lattice,
and whether constructed of concrete, masonry, wood, metal, plastic,
or any other suitable building material, which are not part of the
structural support of the building and which are so designed as to
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breakaway, under abnormally high tides or wave action, without damage)
to the structural integrity of the building on which they are used
or any buildings to which they might be carried by flood waters.
"Coastal High Hazard Area" means the area subject to high velocity
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waters, including, but not limited to, hurricane wave wash or tsunamLc.
The area is designated on a FIP24 as Zone V1 -30.
"Development" means any man -made change to improved or unimproved
real estate, including, but not limited to, buildings or other
structures, mining, dredging, filling, grading, paving, excavation
or drilling operations.
"Flood "or "flooding" means a general and temporary condition of
partial or complete inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters;
(2) the unusual and rapid accumulation or runoff of surface
waters from any source.
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"Flood Hazard Boundary Map (FHBP)" means an official map of a com-
ty, issued by the Federal Insurance Administration, where the
ies of the areas of special flood hazard have been designated
las Zone A.
"Flood Insurance Rate Map (FIRM)" means an official map of a com-
munity, on which the Federal Insurance Administration has delineated
both the areas of special flood hazard and the risk premium zones
applicable to the community.
"Flood Insurance Study" is the official report provided by the
Federal Insurance Administration. The report contains flood
profiles, as well as the Flood Hazard Boundary - Floodway Map and
the water surface elevation of the base floor.
"Habitable floor" means any floor usable for living purposes, which
includes working, sleeping, eating, cooking or recreation, or a
ination thereof. A floor used only for storage purposes is
not a "habitable floor ".
"Mangrove stand" means an assemblage of mangrove trees which is
mostly low trees noted for a copious development of interlacing
adventitious roots above the ground and which contain one or more
of the following species: black mangrove (Avicennia Nitida); red
grove (Rhizophora Mangle); white mangrove (Languncularia
emosa); and buttonwood (Conocarpus Erecta).
"Mean sea level" means the average height of the sea for all stages
f the tide.
"New construction" means structures for which the "start of
onstruction" commenced on or after the effective date of this
rdinance.
"Sand dunes" mean naturally occurring accumulations of sand in
ridges or mounds landward of the beach.
"Start of construction" means the first placement of permanent
construction of a structure on a site, such as the pouring of
JOHNSTON
SASSER & RANDOLPH
10 OKEECHOBEE BLVD.
EST PALM BEACH, FLA.
33402
slabs or footings or any work beyond the stage of excavation,
including the relocation of a structure. Permanent construction
does not include the installation of streets and /or walkways;
nor does it include excavation for a basement, footings, piers
or foundations or the erection of temporary forms; nor does it
include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not
as part of the main structure. For a structure without a basement
or poured footings, the "start of construction" includes the first
permanent framing or assembly of the structure or any part thereof
on its piling or foundation.
"Structure" means a walled and roofed building that is principally
above ground.
"Substantial improvement" means, for a structure built prior to
the enactment of this ordinance, any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds
fifty percent of the market value of the structure either, (1)
before the improvement or repair is started, or (2) if the structure
has been damaged and is being restored, before the damage occurred.
For the purposes of this definition "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the
structure. The term does not, however, include either (1) any
(project for improvement of a structure to comply with existing
state or local health, sanitary, or safety code specifications
ich are solely necessary to assure safe living conditions, or
(2) any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
"Variance" is a grant of relief to a person from the requirements
o this ordinance which permits construction in a manner otherwise
JOHNSTON
SASSER & RANDOLPH
10 OKEECHOBEE BLVD. 5
EST PALM BEACH, FLA.
33402
prohibited by this ordinance where specific enforcement would result
in unnecessary hardship.
ARTICLE 3. GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas of special flood hazard
within the jurisdiction of the Town of Gulf Stream.
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal
Insurance Administraction in its Flood Insurance Rate Map (FIRM),
#125109B, dated September 26, 1975, and any revisions thereto are
adopted by reference and declared to be a part of this ordinance.
SECTION C. ESTABLISHING OF DEVELOPMENT PERMIT
A Development Permit shall be required in conformance with the
provisions of this ordinance.
SECTION D. COMPLIANCE
No structure or land shall hereafter be located, extended, con-
Iverted or structurally altered without full compliance with the
(terms of this ordinance and other applicable regulations.
SECTION E. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However,
where this ordinance and another conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
SECTION F. INTERPRETATION
In the interpretation and application of this ordinance all provis
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JOHNSTON
.ASSER & RANDOLPH
O OKEECHOBEE BLVD.
-ST PALM BEACH, FLA.
33402
shall be: (1) considered as minimum requirements; (2) liberally
construed in favor of the governing body; and, (3) deemed neither
to limit nor repeal any other powers granted under state statutes.
SECTION G. WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is con-
sidered reasonable for regulatory purposes and is based on scientific
and engineering considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by man -made or
natural causes. This ordinance does not imply that land outside the
areas of special flood hazard or uses permitted within such areas
will be free from flooding or flood damages. This ordinance shall
not create liability on the part of
or by any officer or employee thereof for any flood damages that
result from reliance on this ordinance or any administrative decision
lawfully made thereunder.
SECTION H. PENALTIES FOR VIOLATION
Violation of the provisions of this ordinance or failure to comply
with any of its requirements, including violation of conditions and
safeguards established in connection with grants of variance or
special exceptions, shall constitute a misdemeanor. Any person who
violates this ordinance or fails to comply with any of its require -
ernnts shall, upon conviction thereof, be fined not more than $100.00
or imprisoned for not more than 30 days, or both, and in addition
shall pay all costs and expenses involved in the case. Each day
such violation continues shall be considered a separate offense.
Nothing herein contained shall prevent the Town of Gulf Stream from
taking such other lawful action as is necessary to prevent or remedy
any violation.
ICLE 4. ADMINISTRATION
SECTION A. DESIGNATION OF TOWN CLERK AS LOCAL ADMINISTRATOR
Town Clerk is hereby appointed to administer and implement the
rovisions of this ordinance.
JOHNSTON
ASSER & RANDOLPH
) OKEECHOBEE BLVD. 7
ST PALM BEACH. FLA.
33402
JOHNSTON
3ASSER & RANDOLPH
O OKEECHOBEE BLVD.
.ST PALM BEACH, FLA.
33402
ISECTION B. DUTIES AND RESPONSIBILITIES OF THE TOWN CLERK AS LOCAL
ADMINISTRATOR
(Duties of the Town Clerk shall include, but not be limited to:
(1) Review all development permits to assure that the
permit requirements of this ordinance have been
satisfied.
(2) Advise permittee that additional federal or state permits
may be required, and if specific federal or state permits
are known, require that copies of such permits be provi-
ded and maintained on file with the development permit.
(3) Verify and record the actual elevation (in relation to
mean sea level) of the lowest floor (including basement)
of all new or substantially improved structures.
(4) Verify and record the actual elevation (in relation to
mean sea level) to which the new or substantially
improved structures have been flood - proofed.
(5) In Coastal High Hazard Areas certification shall be
obtained from a registered professional engineer or
architect that the structure is securely anchored to
adequately anchored pilings or columns in order to
withstand velocity waters and hurricane wave wash.
(6) In Coastal High Hazard Areas, the Town Clerk shall review
plans for the adequacy of breakaway walls in accordance
with Article 5, Section B(5)(h).
(7) When flood - proofing is utilized for a particular
structure, the Town Clerk shall obtain certification from
a registered professional engineer or architect.
(B) Where interpretation is needed as to the exact location
of the boundaries of the areas of special flood hazard
(for example, where there appears to be a conflict between
a mapped boundary and actual field conditions) the Town
Clerk shall make the necessary interpretation. The
person contesting the location of the boundary shall be
given a reasonable opportunity to appeal the interpretatio:
as provided in this article.
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(9) All records pertaining to the provisions of this
ordinance shall be maintained in the office of the
Town Clerk and shall be open for public inspection.
JISECTION C. PERMIT PROCEDURES
lication for a Development Permit shall be made to the Town Clerk
on forms furnished by him and may include, but not be limited to,
the following plans in duplicate drawn to scale showing the nature,
location, dimensions, and elevations of the area in question;
existing or proposed structures, fill storage of materials; drainage
facilities, and the location of the foregoing. Specifically, the
following information is required:
(1) Elevation in relation to mean sea level of the lowest
floor (including basement) of all structures.
(2) Elevation in relation to mean sea level to which any
non - residential structure has been flood - proofed.
(3) Provide a certificate from a registered professional
engineer or architect that the non - residential flood-
proofed structure meets the flood - proofing criteria
in Article 5, Section B(2).
(4) Description of the extent to which any watercourse will
be altered or relocated as a result of proposed
development.
SECTION D. VARIANCE PROCEDURES
(1) The Town Commission, sitting as the Zoning Board, shall
hear and decide appeals and requests for variances from
the requirements of this ordinance.
(2) The Zoning Board shall hear and decide appeals when it
is alleged there is an error in any requirement, decision,
or determination made by the Town Clerk in the enforcementi
of administration of this ordinance.
(3) Any person aggrieved by the decision of the Zoning Board
or any taxpayer may appeal such decision to the Circuit
Court of the Fifteenth Judicial Circuit of the State of
Florida, as provided in
JOHNSTON
ASSER & RANDOLPH
) OKEECHOBEE BLVD.
ST PALM BEACH, FLA.
33402
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(4) Variances may be issued for the reconstruction, rehabili-
tation or restoration of structures listed on the National
Register of Historic Places or the State Inventory of
Historic Places without regard to the procedures set
forth in the remainder of this section.
(5) In passing upon such applications, the Zoning Board shall
consider all technical evaluations, all relevant factors,
standards specified in other sections of this ordinance,
and:
(a) the danger that materials may be swept onto other
lands to the injury of others;
(b) the danger to life and property due to flooding
or erosion damage;
(c) the susceptibility of the proposed facility and
its contents to flood damage and the effect of such
damage on the individual owner;
(d) the importance of the services provided by the
proposed facility to the community;
(e) the necessity to the facility of a waterfront
location, where applicable;
(f) the availability of alternative locations, not
subject to flooding or erosion damage, for the
proposed use;
(g) the compatability of the proposed use with existing
and anticipated development;
(h) the relationship of the proposed use to the com-
prehensive plan and flood plain management program
for that area;
(i) the safety of access to the property in times of
flood for ordinary and emergency vehicles;
(j) the expected heights, velocity, duration, rate of
rise and sediment transport of the flood waters and
the effects of wave action, if applicable, expected
at the site; and,
JOHNSTON
3ASSER a RANDOLPH
O OKEECHOBEE BLVD.
_ST PALM BEACH, FLA.
33402
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(k) the costs of providing governmental services
during and after flood conditions including
maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and
water systems, and streets and bridges.
(1) Generally, variances may be issued for new
construction and substantial improvements to
be erected on a lot of one -half acre or less in
size contiguous to and surrounded by lots with
existing structures constructed below the base
flood level, providing items (a - k) have been
fully considered. As the lot size increases
beyond the one -half acre, the technical justifica-
tion required for issuing the variance increases.
(6) Upon consideration of the factors listed above and the
purposes of this ordinance, the Zoning Board may attach
such conditions to the granting of variances as it deems
necessary to further the purposes of this ordinance.
(7) Conditions for Variances
(a) Variances shall only be issued upon a determination
that the variance is the minimum necessary, con-
sidering the flood hazard, to afford relief.
(b) Variances shall only be issued upon (i) a showing
of good and sufficient cause; (ii) a determination
that failure to grant the variance would result in
exceptional hardship to the applicant; and, (iii)
a determination that the granting of a variance
will not result in increased flood heights, addi-
tional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on
or victimization of the public, or conflict with
JOHNSTON
existing local laws or ordinances.
;ASSER & RANDOLPH
0 OKEECHOBEE BLVD.
[ST PALM BEACH, FLA.
33402
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JOHNSTON
SASSER & RANDOLPH
10 OKEECHOBEE BLVD.
EST PALM BEACH, FLA.
33402
(c) Any applicant to whom a variance is granted shall
be given written notice specifying the difference
between the base flood elevation and the elevation
to which the structure is to be built and stating
that the cost of flood insurance will be commensu-
rate with the increased risk resulting from the
reduced lowest floor elevation.
(d) The Town Clerk shall maintain the records of all
appeal actions and report any variances to the
Federal Insurance Administration upon request.
(ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
IIn all areas of special flood hazard the following provisions are
required:
(1) All new construction and substantial improvements shall
be anchored to prevent flotation, collapse or lateral
movement of the structure.
(2) All new construction and substantial improvements shall
be constructed with materials and utility equipment
resistant to flood damage.
(3) All new construction or substantial improvements shall
be constructed by methods and practices that minimize
flood damage.
(4) All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood
waters into the system.
(5) New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood
waters into the systems and discharges from the systems
into flood waters.
(6) On -site waste disposal systems shall be located to avoid
impairment to them or contamination from them during
flooding.
(7) Any alteration, repair, reconstruction, or improvements
to a structure on which the start of construction was
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begun after the effective date of this ordinance, shall
meet the requirements of "new construction" as contained
in this ordinance.
SECTION B. SPECIFIC STANDARDS
In all areas of special flood hazard where base flood elevation data
has been provided as set forth in Article 3, Section B, or Article 4,
Section B (11), the following provisions are required:
(1) Residential Construction - New construction or substantial
improvement of any residential structure shall have the
lowest floor, including basement, elevated to or above
base flood elevation.
(2) Non - residential Construction - New construction or sub-
stantial improvement of any construction other than
residential shall either have the lower floor, including
basement, elevated to the level of the base flood elevatia
or, together with attendant utility and sanitary
facilities, be flood - proofed so that below the base flood
level the structure is water tight with walls substantiall,
impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy. A
registered professional engineer or architect shall certify
that the standards of this subsection are satisfied. Such
certification shall be provided to the official as set
forth in Article 4, Section C(3).
(3) Coastal High Hazard Areas (V Zones) - Located within the
areas of special flood hazard established in Article 3,
Section B, are areas designated as Coastal High Hazard
Areas. These areas have special flood hazards associated
with high velocity waters from tidal surge and hurricane
wave wash, therefore, the following provisions shall apply
(a) All buildings or structures shall be located landward
of the reach of the mean high tide.
(b) All buildings or structures shall be elevated so
JOHNSTON
that the lowest supporting member is located no
;ASSER a RANDOLPH
O OKEECHOBEE BLVD.
CST PALM BEACH, FLA.
33402
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JOHNSTON
3ASSER & RANDOLPH
0 OKEECHOBEE BLVD.
:ST PALM BEACH, FLA.
33402
lower than the base flood elevation level, wlth all
space below the lowest supporting member open so as
not to impede the flow of water, except for break-
away walls as provided for in Article 5, Section
B (5) (h) .
(c) All buildings or structures shall be securely
anchored on pilings or columns.
(d) Pilings or columns used as structural support shall
be designed and anchored so as to withstand all
applied loads of the base flood flow.
(e) Compliance with provisions contained in Article 5,
Section B(5) (b) , (c) and (d) shall be certified to
by a registered professional engineer or architect.
(f) There shall be no fill used as structural support.
(g) There shall be no alteration of sand dunes or man-
grove stands which would increase potential flood
damage.
(h) Breakaway walls shall be allowed below the base flood
elevation provided they are not part of the struc-
tural support of the building and are designed so as
to breakaway, under abnormally high tides or wave
action, without damage to the structural integrity of
the building on which they are to be used and pro-
vided the design specifications as determined by the
Town's Consulting Engineer are met.
(i) If breakaway walls are utilized, such enclosed space
shall not be used for human habitation.
(j) Prior to construction, plans for any structure that
will have breakaway walls must be submitted to the
Town's Consulting Engineer for approval.
(k) Any alteration, repair, reconstruction or improvement
to a structure started after the enactment of this
ordinance shall not enclose the space below the
lowest floor unless breakaway walls are used as
provided for in Article 5, Section B(5)(h) and (i).
(4) Mobile Homes - No mobile home is permitted within any
zoning category in the Town of Gulf Stream.
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SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals shall be consistent with the
need to minimize flood damage.
(2) All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize flood damage.
(3) All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood hazards.
(4) Base flood elevation data shall be provided for sub-
division proposals and other proposed development which
is greater than the lesser of fifty lots or five acres.
TICLE 6. SEVERABILITY
If any article, section, sub - section or phrase of this ordinance is
for any reason declared invalid or unconstitutional by a Court of
competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance.
ICLE 7. INCONSISTENT ORDINANCES
1 ordinances or parts of ordinances inconsistent with this ordin
are hereby repealed to the extent of such inconsistencies.
ICLE 8.
is ordinance shall take effect upon its passage and approval, as
ovided by law.
PASSED AND ADOPTED ON READING THIS DAY
A. D., 1978.
PROVED:
Mayor
ATTEST:
JOHNSTON
SASSER & RANDOLPH
HO OKEECHOBEE BLVD.
JEST PALM BEACH, FLA.
33402
Town of Gulf Stream
Town Cle k 246 Sea Road
Gulf .Stream. Fla. 33444
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