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P.H. 2022-26: (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 151.01, “INTENT,” BY AMENDING SECTION 151.02, "PERMIT REQUIRED," BY AMENDING SECTION 151.03, "STRUCTURES IN WATERWAYS," BY AMENDING SECTION 151.05 "SEAWALLS," AMENDING SECTION 151.06, "DISREGARD OF NOTICE,” BY AMENDING SECTION 151.07, “BACKFILLING SEAWALLS,” BY AMENDING SECTION 151.08, "STRUCTURES ON SEAWALLS," BY AMENDING SECTION 151.09, "VARIANCES," TO MODIFY DEFINITIONS, PROCEDURES AND REQUIREMENTS; BY CREATING SECTION 151.10, "REQUIRED DISCLOSURE IN CONTRACTS FOR SALE OF REAL ESTATE," TO REQUIRE DISCLOSURE OF PROPERTY LOCATED IN A TIDALLY INFLUENCED AREA; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
(Fiscal Impact: N/A)
FIRST READING: JANUARY 25, 2022
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(Staff Contact: John Sfiropoulos)
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Summary Explanation/Background:
In 2016, the U.S. Army Corps of Engineers partnered with Broward County for a regional resiliency standard for tidal flood barrier (seawall) elevations. In 2019, the results from the study were shared with the 31-municipalities and this regional standard serves as a planning foundation for municipal adoption. By March, 2022, all municipalities are required to be in compliance with these new regional standards. In conjunction with the required adoption of these proposed standards, the Pompano Beach Marine Advisory Board (MAB) and Engineering staff developed and are recommending additional amendments necessary to correct and bring up to date Chapter 151 “Beaches and Waterways” of the City of Pompano Beach Code of Ordinances.
The purpose of these County mandated amendments is to establish a consistent minimum elevation for tidal flood barriers that will provide a standard for flood mitigation infrastructure that serves as a barrier to tidal flooding by accounting for water levels predicted under combined conditions of sea level rise, high tides, and high frequency storm surge through the year 2070 in accordance with current regional sea level rise projections, as updated and adopted by the Broward County Board of County Commissioners. These amendments will apply to all new tidal flood barriers as well as substantial repair to existing tidal flood barriers. In conjunction to these required County mandates, additional amendments are being recommended by the MAB and the Engineering Staff to ensure consistency and clarity, and to correct and bring our City’s codes up to date. These amendments will make our codes more readable and “user friendly” for our citizens and City staff.
In summary, some of what we are proposing includes new definitions per County mandate, a minimum tidal flood barrier elevation per County mandate, changes to construction within shared use waterway, establishing a new maximum width of tidal flood barrier caps, extending vessel lift/platform distance, setting a maximum distance waterward for new tidal flood barrier, various corrections and clarifications, along with other non-substantive, “housekeeping” items.
Attachments include the Broward County Ordinance adopted in March of 2020, proposed amendments to Chapter 151, and a summary of code change impacts.
Origin of request for this action: Staff
Fiscal impact and source of funding: N/A
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RStrategic Plan Initiative
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Goal 4: Superior Capacity for Growth through Quality, Sustainable Development
“Protection from Sea Level Rise”