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HomeMy Public PortalAboutORD 91/06ORDINANCE NO. 91/6 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, AMENDING CHAPTER 4 (BUILDINGS AND BUILDING REGULATIONS) BY ADDING SECTION 4-9 SO AS TO PROVIDE SHORELINE PROTECTION REQUIREMENTS AND STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, AS FOLLOWS: Section 1. The Code of Ordinances of the Town of Gulf Stream, Florida, is hereby amended by adding Section 4-9 to read as follows: SECTION 4-9. SHORELINE PROTECTION (1) All real property having frontage or direct and immediate access to frontage on the Intracoastal Waterway canal or other body of water located within or bordering the boundaries of the Town of Gulf Stream, wherein the water is in any proportion saline or brackish, or levels of which fluctuate by reason of tidal influences, shall be required to construct at the Owner's expense, seawalls bulkheading the entire frontage exposed to contact with the water or alternatives to vertical bulkheads which will meet good Engineering Design Standards. Seawalls or their alternatives shall be structurally maintained at the Owner's expense so as not to cause a nuisance or a hazard to navigation or safety. This Section is not intended to require seawalls or bulkheading along those sections of property fronting on the Atlantic Ocean. (2) All construction plans for seawalls or alternative shoreline protection methods shall be approved by the Town Commission. Seawall, or alternatives shall not be constructed without obtaining prior written approval of all applicable regulatory agencies. (3) During construction of seawall or alternative shoreline protection methods, the contractor shall be responsible to have approved turbidity screens in place during any and all clearing, excavating, jetting and backfilling operations which totally enclose the construction site. Screens are to remain in place at least 24 hours after construction ceases or until turbidity is at preconstruction turbidity levels. Screens must extend from the water surface to the bottom and be adequately weighed to keep them in place during all operations. There shall be adequate flotation at the surface to prevent overflow. The flotation shall be brightly colored to maximize visibility. Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other 1 provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of ordinances in Conflict. All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session on first reading this 7th day of January , 1991, and for a second and final reading on this 21st day of January , 1991. MAYOR ATTEST: TOWN CLERK PAM\13147-01\SHOREPRO.ORD 1\10\09 2