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HomeMy Public PortalAboutORD 87/01ORDINANCE NO. S$7 =1 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE COASTAL CONSTRUCTION CODE FOR CONSTRUCTION WITHIN THE COASTAL BUILDING ZONE AND COASTAL BARRIER ISLANDS IN THE TOWN OF GULF STREAM; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF GULF STREAM, AS FOLLOWS: SECTION I. That the Coastal Construction Code is hereby adopted. Provisions contained herein shall constitute the Coastal Construction Code for construction within the coastal building zone and coastal barrier islands in the Town of Gulf Stream, and shall be referred to as the "Coastal Code ". SECTION II. - PURPOSE That the purpose of the Coastal Code is to provide minimum standards for the design and construction of buildings and structures to reduce the harmful effects of hurricanes and other severe storms occurring along the coastal area of the Town of Gulf Stream which fronts on the Atlantic Ocean. These standards are intended to specifically address design features which affect the structural stability of the beach, dunes, and topography of adjacent properties. The Coastal Code is site specific to the coastal building zone as defined herein and is not applicable to other locations. In the event of a conflict between this chapter and other chapters of this code, the requirements resulting in the more restrictive design shall apply. No provisions in this Chapter shall be construed to permit any construction in any area prohibited by town, county, state, or federal regulation. SECTION III. - SCOPE Section 3 -10 Applicability: The requirements of this Coastal Code shall apply to the following types of construction in the coastal building zone and on coastal barrier islands in the Town of Gulf Stream. (a) The new construction of, or substantial improvements to major structures, nonhabitable major structures, and minor structures as defined herein. (b) Construction which would change or otherwise have the potential for substantial impact on coastal zones (i.e. excavation, grading, paving). (c) Construction located partially within the coastal building zone. (d) Reconstruction, redevelopment, or repair of a damaged structure from any cause which meets the definition of a substantial improvement as defined herein. Section 3 -20 Exceptions: The requirements of the coastal code shall not apply to the following: (a) Minor work in the nature of normal beach cleaning and debris removal. (b) Structures in existence prior to the effective date of the code, except for substantial improvements as defined herein. (c) Construction for which a valid and unexpired building permit was issued prior to the effective date of this code. (d) Construction extending seaward of the seasonal high -water line which is regulated by the provisions of Section 161.041, Florida Statutes (i.e. groins, jetties, moles, breakwaters, seawalls, piers, revetments, beach nourishment, inlet dredging, etc.). (e) Construction of non - habitable major structures as defined herein, except for the requirements of Section 6 -30. (f) Construction of minor structures as defined herein except for the requirements of Section 6 -40. (g) Structures listed in the National Register of Historic Places, the State Inventory of Historic Places. (h) Construction for improvement of a major structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions. Section 3 -30. Application for Permits: Applications for building permits for construction in the coastal building zone and on coastal barrier islands, if not of normal or usual design, may be required by the Building Official to be certified by an Architect or professional Engineer registered in the State of Florida. Such certifications shall state that the design plans and specifica- tions for the construction are in compliance with the criteria established by this Coastal Code. Section IV. - DEFINITIONS Section 4 -10. The following terms are defined for general use in the Coastal Code: (a) Beach means the zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves. "Beach" is alternatively termed "shore ". (b) Breakaway wall or frangible wall means a partition independent of supporting structural members that will withstand design wind forces, but which will fail under hydrodynamic, wave, and runup forces associated with the design storm surge. Under such conditions, the wall shall fail in a manner such that it breaks up into components which minimize the potential for damage to life or adjacent property. It shall be a character- istic of a breakaway or frangible wall that it shall have a horizontal design loading resistance of no less than 10 nor more than 20 pounds per square foot. (c) Building Support Structure means any structure which supports floor, wall or column loads, and transmits them to the foundation. The term shall include beams, grade beams, or joists, and includes the lowest horizontal structural member exclusive of piles, columns, or footings. (d) Coastal Barrier Islands means geological surface features of islands within the Town of Gulf Stream above mean high water. (e) Coastal Building Zone means the land area between the seasonal high water line of the Atlantic Ocean and the waters of the intercoastal waterway. (f) Coastal Construction Control Line means the land- ward extent of that portion of the beach -dune system which is subject to severe fluctuations based upon a one hundred (100) year storm surge, storm waves, or other predictable weather conditions as established by the Department of Natural Resources in accordance with Section 161.053, Florida Statutes. (g) Construction means the building of or substantial improvement to any structure or the clearing, filling, or excava- tion of any land. It shall also mean any alterations in the size or use of any existing structure or the appearance of any land. When appropriate to the context, "construction" refers to the act of construction or the result of construction. (h) Dune means a mound or ridge of loose sediments, usually sand - sized, deposited by natural or artificial means, which lies landward of the beach. (i) Major Structure includes but is not limited to residential buildings, commercial, institutional, industrial, and other construction having the potential for substantial impact on coastal zones. (j) Mean high -water line means the intersection of the tidal plane of mean high water with the shore. Mean high water is the average height of high waters over a 19 -year period. (k) Minor Structure includes but is not limited to pile supported, elevated dune and beach walkover structures; beach access ramps and walkways; stairways; pile- supported, elevated viewing platforms, gazebos, and boardwalks; lifeguard support stands; public and private bath houses; sidewalks, driveways, parking areas, shuffleboard courts, tennis courts, handball courts, racquetball courts, and other uncovered paved areas; earth retaining walls; sand fences, privacy fences, ornamental walls, ornamental garden structures, aviaries, and other ornamental construction. It shall be a characteristic of. minor structures that they are considered to be expendable under design wind, wave, and storm forces. (1) Nonhabitable Major Structure includes but is not limited to swimming pools; parking garages; pipelines; piers; canals, lakes, ditches, drainage structures, and other water retention structures; water and sewage treatment plants; electrical power plants, transmission and distribution lines, transformer pads, vaults, and substations; roads, bridges, streets, and highways; and underground storage tanks. (m) NGVD means National Geodetic Vertical Datum - A geodetic datum established by the National Ocean Service and frequently referred to as the 1929 Mean Sea Level Datum. (n) One Hundred (100) Year Storm means a shore incident hurricane or any other storm with accompanying wind, wave, and storm surge intensity having a one percent chance of being equaled or exceeded in any given year, during any 100 -year interval. (o) Seasonal high -water line means the line formed by the intersection of the rising shore and the elevation of 150 percent of the local mean tidal range above mean high water. (p) State Minimum Building Code means the building code adopted by a municipality or county pursuant to the require- ments of Section 553.73, Florida Statutes. (q) Substantial Improvement means any repair, recon- struction, or improvement of a structure, the cost of which equals or exceeds a cumulative total of fifty percent of the market value of the structure either: (1) Before the repair or improvement 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 any project for improvement of a structure to comply with exist- ing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or any alteration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places. SECTION V. - COASTAL CONSTRUCTION REQUIREMENTS Construction within the coastal building zone and on coastal barrier islands shall meet the requirements of this chapter. All structures shall be designed so as to minimize damage to life, property, and the natural environment. Assistance in determining the design parameters to minimize such damage may be found in the reference documents listed in Section VII. SECTION VI. - STRUCTURAL REQUIREMENTS FOR MAJOR STRUCTURES Section 6- 10(1). Design and Construction: Major structures shall be designed and constructed in accordance with Section 1205 of the 1986 revisions to the 1985 Standard Building Code As Amended using a fastest -mile wind velocity of one hundred ten (110) miles per hour. Major structures shall also comply with the applicable standards for construction found elsewhere in the 1985 Standard Building Code As Amended and the Palm Beach Countywide Amendments. (2) Elevation, Floodproofing and Siting: All major structures shall be designed, constructed and located in compli- ance with the National Flood Insurance Regulations as found in 44 CFR Parts 59 and 60 or Town Ordinance 83 -1 Flood Hazard Areas, whichever is more restrictive. Section 6 -20 Design Conditions: (1) Velocity Pressure: Major structures shall be designed in accordance with the requirements of Section 1205 of the 1986 revisions to the 1985 Standard Building Code As Amended using a minimum fastest -mile wind velocity of 110. These minimum design pressures are as follows: Table 1205.2A Velocity Pressure (psf) Building Height 60 feet or less Mean Roof Fastest Mile Wind Velocity, V (mph) Height (ft) 110 0 -15 25 20 28 40 34 60 38 Table 1205.3A Gust Velocity Pressure (psf) Building Height Greater Than 60 Feet Fastest Mile Wind Velocity, V (mph) Coastal Exposure Height (ft) 110 0 -30 35 31 -50 40 51 -100 47 100 -200 54 200 -300 61 300 -400 66 400 -500 70 Section 6- 20(2). Foundations: The elevation of the soil surface to be used in the design of foundations, calculation of pile reactions and bearing capacities shall not be greater than that which would result from the erosion reasonably anticipated as a result of design storm conditions. Foundation design and construction of a major structure shall consider all anticipated loads acting simultaneously with live and dead loads. Erosion computations for foundation design shall account for all vertical and lateral erosion and scour producing forces, including localized scour due to the presence of structural components. Foundation design and construction shall provide for adequate bearing capacity taking into consideration the type of soil present and the antici- pated loss of soil above the design grade as a result of localized scour. Erosion computations are not required landward of coastal construction control lines established or updated since June 30, 1980. Upon request, the Department of Natural Resources may provide information as to those areas within coastal building zones where erosion and scour of a one hundred (100) year storm event is applicable. (3) Wave Forces: Calculations for wave forces result- ing from design storm conditions on building foundations and superstructures may be based upon the minimum criteria and methods prescribed in the Naval Facilities Engineering Command Design Manual, NAVFAC DM -26, U. S. Department of Navy; Shore Protection Manual. U.S. Department of the Army Corps of Engineers; U.S. Department of the Army Coastal Engineering Research Center Technical Papers and Reports; and Technical and Design Memoranda of the Division of Beaches and Shores, Florida Department of Natural Resources; or other professionally recognized methodologies which produce equivalent design criteria. Breaking, broken, and nonbreaking waves shall be considered as applicable. Design wave loading analysis shall consider vertical uplift pressures and all lateral pressures to include impact as well as dynamic loading and the harmonic intensification resulting from repetitive waves. (4) Hydrostatic Loads: Calculations for hydrostatic loads shall consider the maximum water pressure resulting from a fully peaked, breaking wave superimposed upon the design storm surge with dynamic wave setup. Both free and hydrostatic loads shall be considered. Hydrostatic loads which are confined shall be determined by using the maximum elevation to which the confined water would freely rise if unconfined. Vertical hydrostatic loads shall be considered both upward and downward on horizontal or inclined surfaces of major structures (i.e. floors, slabs, roofs, walls). Lateral hydrostatic loads shall be considered as forces acting horizontally above and below grade on vertical or inclined surfaces. Hydrostatic loads on irregular or curved geometric surfaces shall be determined by considering the separate vertical and horizontal components acting simultaneously under the distribution of the hydrostatic pressures. (5) Hydrodynamic Loads: Hydrodynamic loads shall consider the maximum water pressures resulting from the motion of the water mass associated with the design storm. Full intensity loading shall be applied on all structural surfaces above the design grade which would affect the flow velocities. Section 6 -30 Structural Requirements for Nonhabitable Major Structures. Nonhabitable major structures need not meet the specific structural requirements of Section 6 -10, except that they shall be designed to produce the minimum adverse impact on the beach and dune system and shall comply with the applicable standards on construc- tion found in the 1985 Standard Building Code As Amended and the Palm Beach Countywide Amendments. All sewage treatment and public water supply systems shall be flood - proofed to prevent infiltration of surface water anticipated under design storm conditions. Underground utilities, excluding pad transformers and vaults, shall be flood - proofed to prevent infiltration of surface water expected under design storm conditions or shall otherwise be designed to function when submerged under such storm conditions. Section 6 -40. Structural Requirements for Minor Structures Minor structures need not meet the specific structural requirements of Section 6 -10, except that they shall be designed to produce the minimum adverse impact on the beach and dune system and shall comply with the applicable standards of construction found in the 1985 Standard Building Code As Amended and the Palm Beach Countywide Amendments. Section 6 -50. Location of Construction Construction, except for elevated walkways, lifeguard support stands, piers, beach access ramps, gazebos, and coastal or shore protection structures, shall be located a sufficient distance landward of the beach to permit natural shoreline fluctuations, and to preserve dune stability. Construction, including excavation, may occur to the extent that the natural storm buffering and protection capability of the dune is not diminished. Section 6 -60. Public Access Where the public has established an accessway through private lands to lands seaward of mean high tide or water line by prescription, prescriptive easement, or other legal means, development or construction shall not interfere with such right of access unless a comparable alternative accessway is provided. The developer shall have the right to improve, consolidate, or relocate such public accessways so long as they are: (a) Of substantially similar quality and convenience to the public; (b) Approved by the local government and approved by the Department of Natural Resources whenever improvements are involved seaward of the coastal construction line; and (c) Consistent with the coastal management element of the local comprehensive plan adopted pursuant to Section 163.3178, Florida Statutes. SECTION VII. - REFERENCES Assistance in determining the design parameters and methodologies necessary to comply with the requirements of this chapter may be obtained from: Shore Protection Manual, U.S. Army Corps of Engineers, 4th edition, 1984. U.S. Department of the Army, Coastal Engineering Research Center's Technical Papers and Reports. Florida Department of Natural Resources, Division of Beaches and Shores Technical and Design Memoranda. Naval Facilities Engineering Command Design Manual, NAVFAC DM -26, U.S. Department of the Navy. Coastal Construction Manual, Federal Emergency Management Agency, February, 1986. (please note that the wind design section is based upon the 1982 edition of the Standard Building Code with the 1984 accumulated amendments and not the 1985 edition of the Standard Building Code with the 1986 revisions as required by Section 161.55(1)(d), Florida Statutes.) SECTION VIII. - PENALTIES Any person violating the provisions of any section of said code, or this ordinance, shall, upon conviction by the Code Enforcement Board, be fined not more than five hundred ($500.00) dollars per day. EAch day such violation shall continue, shall constitute a separate offense. In lieu of such fine, or in addition thereto, such person or persons, if licensed to do business within the Town of Gulf Stream, may have such license suspended for a definite period of time, or such license may be revoked, said revocation to be subject to concurrence of the Palm Beach County Construction Industry Licensing Board where applicable, as contained in Chapter 67 -1876, as amended by Chapter 69 -1433, Florida Statutes. Section IX. - SEVERABILITY In the event that any court of competent jurisdiction shall hold that any provision of this ordinance is invalid or unenforce- able, the same shall not effect the validity of the ordinance as a whole, or any part thereof other than the part so declared to be invalid. SECTION X. - REPEAL OF CONFLICTING ORDINANCES All ordinances or parts of ordinances in conflict herewith shall be and the same are hereby repealed. SECTION XI. - CODIFICATION This ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream, Florida. SECTION XII. - EFFECTIVE DATE This ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED ON FIRST READING THIS 9th DAY OF January , 1987, AYOR ' ATTEST: CD Town Clerk