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P.H. 2019-02: (PUBLIC HEARING 2ND READING)
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, AMENDING CHAPTER 151, "BEACHES AND WATERWAYS," OF THE CITY OF POMPANO BEACH CODE OF ORDINANCES BY AMENDING SECTION 151.02, "PERMIT REQUIRED," TO ADDRESS CONDITIONS UNDER WHICH CERTAIN PERMITS ARE NOT REQUIRED CONSISTENT WITH STATE LAW; BY AMENDING SECTION 151.03, "STRUCTURES IN WATERWAYS," TO MODIFY THE DEFINITION OF SEAWARD MEASUREMENT REFERENCE LINE TO INCLUDE PROPERTY LINES EXTENDING INTO THE WATERWAY; AND BY AMENDING SECTION 151.07, “BACKFILLING SEAWALLS,” TO ADDRESS POTENTIAL RUNOFF OR EROSION CAUSED BY SEAWALL RESTORATION PROJECTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
(Fiscal Impact: N/A)
FIRST READING: OCTOBER 9, 2018
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(Staff Contact: John Sfiropoulos)
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Summary Explanation/Background:
Three (3) Code Sections in Chapter 151 “Beaches and Waterways” are proposed to be amended as recommended by the Marine Advisory Board:
151.02 PERMIT REQUIRED
The amendment to FS 408.813 effects the City's prerequisite of obtaining either a State permit or a written exception issued by the State in order to secure a City permit. The City can no longer require a State permit or written exception for certain activities. The amendment to FS 408.813 lists (and amends) the certain activities associated with the various types of projects.
151.03 STRUCTURES IN WATERWAYS
The measurement reference line for structures in the waterway is the property line. Under the current code, when the property line is one foot or greater behind the seawall (“landward”) the measurement reference line utilized is the wet face of the existing seawall.
The current code however does not define the measurement reference line when the property line extends out into the waterway (“seaward” of the existing seawall). This proposed amendment updates the current code to reflect that the wet face of the existing seawall will be utilized as the measurement reference line regardless of whether the property line is landward or seaward from the existing seawall.
151.07 BACKFILLING SEAWALLS
Proposed to address any potential erosion and/or runoff when a seawall is raised and backfilled to a height greater than that adjoining property
Origin of request for this action: Staff
Fiscal impact and source of funding: N/A
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