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HomeMy Public PortalAboutORD 91/07ORDINANCE NO. 91/7 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, AMENDING CHAPTER 8 (OFFENSES AND MISCELLANEOUS PROVISIONS) BY ADDING SECTION 8-30 SO AS TO PROVIDE REQUIREMENTS FOR THE DEVELOPMENT OF MARINAS; 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. That the Code of Ordinance of the Town of Gulf Stream, Florida, is hereby amended to read as follows: SECTION 8-30. MARINAS In some instances it may be appropriate for marinas to be located in the Town of Gulf Stream. All proposed marinas must submit an application for site plan approval pursuant to Part II, Section X. M. of the Town's Zoning Ordinance entitled, "Site Plan Review, Prerequisite to Building Permit Issuance." All such applications will be reviewed for consistency with the site plan review criteria as well as the following requirements and standards. (a) Site Plan Requirements. (1) Delineation of mean high and mean low water lines; (2) All existing and proposed piers, buoys, launching ramps, shore protection structures and any existing deterrents or aids to navigation; (3) Locations and dimensions of all areas to be dredged including present and proposed depths; (4) Volume of dredge spoil to be removed, type of material, location, and dimensions of disposal area(s); (5) Location and dimensions of all outdoor, dry storage, maintenance, and repair facilities; (6) Location and capacity of all travel lifts, railways, hoists or other devices for launching or removal of watercraft; (7) Location and dimensions of all boat slips and mooring buoys; (8) Location of fuel docks and gasoline storage tanks; (9) Phasing and timing of development including clearing, grading, dredging, pier and shoreline protection construction, building construction, surfacing, planting and completion; and (10) Location of all shellfish harvesting areas as designated by the Florida Department of Natural Resources. (b) Review Standards. (1) New or expanded facilities shall utilize dry storage to the maximum extent practicable. (2) Marina operation shall be required to undertake the following manatee protection measures: (a) Implement and maintain a manatee public awareness program which will include the posting of signs to advise boat users that manatees are an endangered species which frequently use the waters of the Intracoastal Waterway and the provisions of manatee literature at conspicuous locations; (b) Declare the waters in and around the marina as a no wake zone; and (c) Install floating display flags at the entrance channel to warn boaters when manatees are known to be in the area. (3) All proposed operation activities and dry storage areas shall be located in a manner that results in the least detrimental impact to adjacent and surrounding residential properties; (4) Slips shall be located in a manner which minimizes dredging needs and volumes. Dredged channels should decrease in width and depth toward shore with provision made for berthing deeper draft boats farthest from shore. Design of slips which are two (2) feet deeper at mean low water than the lowest projection of boats moored in them will minimize turbidity and bottom disturbances; (5) Water circulation patterns shall be maintained to include tidal flow patterns, and preservation of salinity and distribution of nutrients in water. Dimensions and locations of channels should be designed to achieve maximum flushing of the marina basin; (6) Flow and volume of the natural drainage system shall be maintained on site and on adjacent properties; (7) Design standards shall be required to reduce storm water runoff volumes and erosion. Use of impervious ground surfacing should be minimized where possible. Reasonable distances shall be maintained between land areas proposed to be used for parking or loading purposes and adjacent water bodies to minimize site runoff impacts; (8) Location of site screening and non-invasive vegetation shall be used in a manner which minimizes noise and lighting impact to surrounding residential uses; (9) Many off-site considerations which are significant shall be reviewed in relation to the proposed marina location. It shall be the applicant's responsibility to further assure the Town Commission that their proposed location shall not adversely affect: (a) Maintenance of state water quality standards; (b) Land and water circulation needs. Marina locations shall avoid interference with traffic flow on state, county and local roads and/or bridges, and the land and water 2 transportation patterns of the surrounding area; (c) Preservation of rooted submerged aquatic vegetation and its value to fish, shellfish and wildlife in the area; and (d) Preservation of area wetlands, fish spawning areas and shellfish beds. Section 2. Severability. If any provision of this ordinance or the application thereof is held invalid, such invalidity shall not affect the other 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. Codification. This ordinance shall be codified and made a part of the Official Code of Ordinances of the Town of Gulf Stream. Section 4. Repeal of Conflicting Ordinances. All ordinances or sections of ordinances in conflict herewith are hereby declared repealed. Section 5. Effective Date. This ordinance shall take effect immediately upon its passage and approval, as provided by law. PAM\13147-1\GLFSTCH8.0R0 3 PASSED AND ADOPTED in a regular, adjourned session assembled on first reading this 7th day of January , 1991 and on second and final reading this2lst day of January , 1991. MAYOR ATTEST:"4w ^ T W COMMISSION TOWN CLERK PAM\13147-1\GLFSTCH8.0RD 4