HomeMy WebLinkAboutR-2003-194 Treasure Cove appeal - aa-61-03 RESOLUTION NO. 2003-194
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING
AN APPEAL SUBMITTED BY EDWIN STACKER, ATTORNEY AT LAW
REPRESENTING (APPLICANT) GARY POSNER, OF TREASURE COVE
ASSOCIATES, LTD., FOR PROPERTY LOCATED AT ADJACENT TO THE
SOUTH SIDE OF THE DANIA CUT-OFF CANAL BETWEEN SW 27TH
AVENUE AND SW 27TH TERRACE, DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article 10.30 of Chapter 28, Zoning of the Code of Ordinances of the City of
Dania Beach, Florida, states that the City Commission shall hear and decide appeals where it is
alleged there is error in any order, requirement,decision or determination made by an administrative
official in the enforcement of this chapter; and
WHEREAS, Edwin Stacker, Attorney at Law representing the "Applicant" Gary Posner of
Treasure Cove Associates, Ltd., for property located adjacent to the south side of the Dania Cut-
Off Canal between SW 27th Avenue and SW 27th Terrace, Dania Beach, has requested an
appeal from the following decision of the Community Development Director:
The applicant is appealing staff's determination as to the location of the established bulkhead line.
The established bulkhead line location determines the point where dock extensions into the
waterway are measured. The applicant asserts the bulkhead line should be measured from a
different location than determined by staff. If the applicant's appeal is granted, the change in
bulkhead line location for this property would allow the applicant to extend the docks further into the
canal.
The Zoning Code allows docks to extend approximately 80 feet from the boat basin seawall directly
adjacent to Treasure Cove. If the appeal is granted, the docks could extend approximately 93 feet
from the boat basin seawall.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DANIA BEACH, FLORIDA:
Section 1. That that certain request dated July 22, 2003 (ZA-61-03)for an appeal, a copy
of which is attached and made a part of this Resolution as Exhibit "A", is approved by the City
Commission 8/26/03 with the condition that the bulkhead line be established 100 feet from the
Boater's Park bulkhead, wherever it falls, and that no pilings or dolphin poles be allowed.
1 RESOLUTION NO. 2003-194
Aft
Section 2. That all resolutions or parts of resolutions in conflict with this resolution are
repealed to the extent of such conflict.
Section 3. That this resolution shall be in force and take effect immediately upon its passage
and adoption.
PASSED AND ADOPTED THIS 26th DAY OF AU UST 2003.
B A TON
MAYOR-COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER CHUNN-NO
COMMISSIONER FLURY -YES
COMMISSIONER MIKES - YES
A LENE JOH S N VICE-MAYOR MCELYEA-YES
CITY CLERK MAYOR ANTON -YES
• APPROVED AS TO FOR AND CORRECTNESS:
BY: '
T OMA J. A SB O
CITY ATTORNEY
•
2 RESOLUTION NO. 2003-194
JUL 22 `
Sentertt
ATTORNEYS AT LAW
I
Boca Raton Las Olas Centre 11,Suite 1600
Fort Lauderdale 350 East Las Olas Boulevard
Jacksonville Fort Lauderdale,Florida 33301-2229
Miami
www.akertnan.com
Orlando
Tallahassee 954 463 2700 re! 954 463 2224 fax
Tampa
West Palm Beach
Jul 22 2003 Edwin J.Stacker
y 954 759 8956
estacker@akerrnan.com
VIA HAND DELIVERY
Laurence Leeds, AICP
Director of Growth Management
City of Dania Beach
City Hall
100 West Beach Boulevard
Dania Beach,FL 33004
Re: Treasure Cove Associates, Ltd. ("Treasure Cove") — Appeal of
administrative determination relating to the "established bulkhead line",
pursuant to the provisions of Section 39-275(12)(a), Broward County Zoning
Code, as the same applies to the applicant's dock/slip lay-out.
Dear Larry:
The purpose of this letter is to confirm receipt of your July 16, 2003 correspondence relating to
the above-referenced project, and, specifically, to request an appeal of your administrative
determination relating to the established bulkhead line along the south side of the Dania Cut-off
Canal.
Enclosed herewith is a check in the amount of $1,000.00, for the processing fee of the
administrative appeal, together with ten (10) sets of a submittal package for consideration by the
City Commission. This package includes a Dock/Slip Lay-Out for the fifty-two (52) slips, which
is a modification to the approved site plan, and was previously submitted with our
correspondence of July 10, 2003, together with the colored renderings of the "established.
bulkhead line" as determined by our professional engineers, Sea Systems Corp.
Based upon our recent conversations and a review of the City Code, it is our understanding that
you will place this item on the City Commission Agenda as soon as possible, and while you have
given no assurance to us, we trust that we can be scheduled for the August 26th City Commission
meeting. It is our further understanding that this meeting will be an advertised public hearing,
and we have advised you that we will be supplementing the record with our presentation at the
{FT 189630;1}
Laurence Leeds AICP
Director of Growth Management
City of Dania Beach
July 22, 2003
Page 2
public hearing, and that our presentation will include the possibility of additional exhibits, and
that we will have expert witnesses to testify regarding our interpretation of the location of the
"established bulkhead line."
We thank you in advance for your cooperation in scheduling this for the earliest possible City
Commission meeting, and if you have any questions or concerns, please do not hesitate to
contact me at(954) 759-8956.
Very truly yours,
AKENSENTERF T
Edwin J. Stacker
Enclosures
cc w/o encls: Mayor Robert Anton
Vice Mayor C.K. McElyea
Commissioner Patricia Flury
Commissioner Robert Mikes
Commissioner Robert Chunn, Jr.
Ivan Pato, City Manager
Tom Ansbro, City Attorney
Gary Posner
.. . . _... ._..
JUL 22 2008
i
(FT 189630;1)
_ AGENDA REQUEST FORM
CITY OF DANIA BEACH
e
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: AUGUST 26,2003
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING — ZA-61-03 — EDWIN STACKER,
ATTORNEY AT LAW REPRESENTING GARY POSNER, OWNER TREASURE COVE
ASSOCIATES, LTD., FOR PROPERTY LOCATED ADJACENT TO THE SOUTH SIDE OF THE
DANIA CUT-OFF CANAL BETWEEN SW 27' AVENUE AND SW 27TH TERRACE, DANIA
BEACH, FL
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
APPEAL OF STAFF'S DETERMINATION REGARDING THE LOCATION OF THE ESTABLISHED
BULKHEAD LINE AS IT APPLIES TO THE TREASURE COVE DEVELOPMENT.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS(PLEASE LIST):
Staff Report
Resolution
Appeal Letter w/Site Plan
Public Hearing Notice
Mailing List
Location Map
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
STAFF
Submitted by:
Laurence G. Leeds,AICP, Director Date August 11, 2003
Community Development Department
City Manager Date
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
DATE: August 26, 2003
TO: Ivan Pato, City Manager
G. G
FROM: Laurence Leeds, AICP, Director
SUBJECT: Request by Gary Posner, Treasure Cove Associates, LTD,
for property located adjacent to the south side of the
Dania Cut-Off Canal between SW 27"' Avenue and SW 28th
Terrace, Dania Beach, to appeal staffs determination
regarding the location of the established bulkhead line as
it applies to the Treasure Cove Development.
Appeal:
The applicant is appealing staff's determination as to the location of the
established bulkhead line.
The City Code allows the applicant to appeal staffs code interpretation directly
• to the City Commission. An appeal is not a variance. In a variance, the
applicant requests relief from a specific code section usually dealing with a
numeric requirement or restriction (minimum setback, maximum encroachment,
required parking, etc). In an appeal, the applicant challenges the manner in
which City staff interpreted a code section.
The established bulkhead line location determines the point where dock
extensions into the waterway are measured based on Treasure Cove's Broward
County (RM-10) zoning. Treasure Cove's County zoning was inherited by the
City when Treasure Cove was annexed into the City in 1990. Historically, the
City has not rezoned "annexed" residential parcels as part of a commitment to
preserve lifestyle expectations of annexation residents.
After annexation, the City of Dania Beach was vested with the sole authority to
interpret pre-existing zoning designations of any annexed lands. As part of this
authority, staff has determined that the established bulkhead line on the east
side of property (adjacent to SW 27"' Avenue) extends approximately 75 feet
north of the boat basin seawall. The Broward County RM-10 Zoning allows
docks to extend five (5) feet beyond the bulkhead line, or 80 feet of the north
of the boat basin seawall.
Aft
The applicant asserts the bulkhead line should be measured from a different
location than determined by staff, further out into the canal. If the requested
• appeal is granted, docks could extend approximately 93 feet from the boat
basin seawall and would not be required to obtain a variance. The applicant
would still have to obtain permits from applicable environmental agencies.
The original request included a variance to extend the docks 120 feet from the
boat basin seawall. After a negative recommendation from the Planning and
Zoning Advisory Board, the applicant reduced his request to extend the docks
88 feet from the boat basin seawall. While staff supported this reduced
variance, it was ultimately denied by City Commission.
A comparison of approximate dock location in terms of the previous variance
request and current appeal are as follows:
Permitted by Zoning Docks extend 80 feet from the boat
basin seawall.
Initial Variance Docks extend 120 feet from boat basin
(denied by Planning and Zoning Advisory Board) seawall.
Amended Variance Docks extend 88 feet from the boat
(denied by City Commission) basin seawall.
Appeal Request Docks extend 93 feet from the boat
basin seawall.
STAFF RECOMMENDATION
Staff recommends the City Commission deny the appeal.
Staff does not support the appeal, but if the City Commission chooses to grant
the appeal, staff recommends the following:
a) The dock should extend no further than 88 feet out from boat basin
seawall, not 93 feet as requested.
b) Dolphin poles or other similar objects shall not be permitted to be
located more than 88 feet beyond the boat basin seawall.
c) The City Attorney shall confirm that the granting of the appeal does not
set a legal precedent with respect to possible future bulkhead line
appeals.
MARINE ADVISORY BARD RECOMMENDATION
The Board voted 6-3 to grant the appeal without conditions.
Adak
NSPICE OF PUBLIC HEARING
CITY OF DANIA BEACH
APPEAL OF AN ADMINISTRATIVE DETERMINATION
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on Tuesday,
August 26, 2003 at 7:00 p.m., or as soon thereafter as possible, in the City Commission Room,
Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of
hearing any comments which might be made to the following request:
Request by Gary Posner (Applicant), Treasure Cove Associates, LTD, for property located
adjacent to the south side of the Dania Cut-Off Canal between SW 27"' Avenue and SW 27ei
Terrace, Dania Beach, to appeal staffs determination regarding the location of the established
bulkhead line as it applies to the installation of new docks adjacent to the Treasure Cove
Development.
The applicant is appealing staffs determination as to the location of the established bulkhead
line. The established bulkhead line location determines the point where dock extensions into
the waterway are measured. The applicant asserts the bulkhead line should be measured
from a different location than determined by staff. If the applicant's appeal is granted, the
change in bulkhead line location for this property would allow the applicant to extend the
docks further into the canal.
The Zoning Code allows docks to extend approximately 80 feet from the boat basin seawall
directly adjacent to Treasure Cove. If the appeal is granted, the docks could extend
approximately 93 feet from the boat basin seawall.
W-GALLY DESCRIBED AS PARCEL -A", TREASURE COVE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 168, PAGE 36 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. TOGETHER WITH: A
PORTION OF LOT 3, BLOCK 3, THE MARSHALL EVERGLADES LAND CO., IN SECTION 29, TOWNSHIP 50 SOUTH,
RANGE 42 EAST, AS RECORDED IN PLAT BOOK 2, PAGE 32 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERLY MOST SOUTHWEST CORNER OF PARCEL A,TREASURE
COVE, AS RECORDED IN PLAT BOOK 168, PAGE 36 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA;
THENCE WEST ALONG THE NORTH RIGHT OF WAY LINE OF SW 45TH STREET,A DISTANCE OF 24.91 FEET; THENCE
NORTH 00 DEGREES 02 MINUTES 28 SECONDS WEST, A DISTANCE OF 100.00 FEET TO A SOUTH BOUNDARY OF
SAID PARCEL A; THENCE EAST ALONG SAID SOUTH BOUNDARY, A DISTANCE OF 24.98 FEET TO A WEST
BOUNDARY OF PARCEL A; THENCE SOUTH ALONG SAID WEST BOUNDARY, A DISTANCE OF 100. FEET TO THE
POINT OF BEGINNING. SAID LANDS SITUATE IN BROWARD COUNTY, FLORIDA AND CONTAINING 313,012 SQUARE
FEET(7.186 ACRES MORE OR LESS). SEE LOCATION MAP OPII REVERSE SIDE.
Copies of the proposed petition are available for viewing in the Community Development Department, 100
West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday -
Friday. Interested parties may appear at the public hearing and be heard with respect to the proposed
petition.
In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these
proceedings should contact Charlene Johnson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, and
(954) 924-3622, at least 48 hours prior to meeting.
Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City
Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings
fd for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes
e testimony and evidence upon which the appeal is to based.
Lou Ann Cunningham
Planning Associate Publish:Friday,August 15,2003
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JLIL-30-03 01 :55PM FROM-Akerman Sent tt Eidson 9544632224 T-678 P.02/02 F-895
Ip
Senterfitt
ATTORNEY;AT LAND"
Boca Paton l.as 014.Centre II,suite 1600
Fori Lauderdale 350 East 1-as Alas Boulevard
McksollvilIc Fort Lauderdale,Florida 33301-2229
Miami www.akerman com
0dandu
Tallahassee 954 463 2700 rel 454 463 2264 fax
Tampa
Wti st Palm Beach
July 30, 2003 Edwin 1 Starker
954 759 8956
cgtackcr cCual:rrman.com
VIA FACSIMILE (954-924-3642)AND U.S. MAIL
Laurence Leeds, AICP
Director of Growth Managen)"�,,nt
City of Dania Beach - Ciry Hail
100 West Beach Boulevard
Dania Beach, FL 33004
Re, Treasure Cove Associates, Ltd. ("Treasure Covet)—Administrative Appeal
Dear Larry:
Now that the Marine Advisory Board has reviewed and recommended approval of our
administrative appeal, I simply wanted to renew our request that this item be placed on the City
Commission agenda of August 26, 2003. Based upon my discussions with Tom Ansbro and
Charlene Johnson, I believe that there is plenty of time to comply with the notice requirements
for that schedule.
Thant: you in advance for your cooperation regarding this matter, and I look forward to hearing
from you.
Very uz11y yours,
Air SENTERIF'ITT'
Edwin J. Stacker
Cc: Mayor Robert Anton
Vice Mayor C.K. Mcflyea
Commissioner Patricia Flury
Conunissioner Robert Mikes
Commissioner Robert Chunn, Jr.
Ivan Pato, City Manager
Tom Ansbro, City Attorney
Charlene Johnson, City Clerk
Gary Posner
!FTlgfl(ti11f1 t
• ZONING
§ 39-275
Sec. 39-271. Discontinuance of farm operations.
In the event a plot is not used for farm operations for a period of one (1) year, all buildings and
structures shall meet all requirements of this article for residential or nonresidential and nonagricultural
uses.
(Ord. No. 2001-18, § 20, 5-22-01)
Secs. 39-272-39-274. Reserved.
ARTICLE XVI. RESIDENTIAL ZON-ING DISTRICTS*
Sec. 39-275. General provisions.
(1) Easements. No permanent structure except a wood or chain link fence shall encroach upon or into
any easement of record. No structure or use shall encroach upon or obstruct access through any easement
specifically granted for ingress or egress purposes.
(2) Double frontage. Where a plot is bounded on two (2) opposite sides by public or private
rights-of-way or streets with no platted nonvehicular access line or landscape easement on one of the two
(2) sides, front yards shall be provided on both such sides. Accessory buildings shall not be located in
either front yard.
(3) Yard encroachments. All required yards shall be open and unobstructed from ground to sky except
as follows or as otherwise permitted in this article for zero lot line developments:
• (a) Sias, ccium.ns, o.namental features, chimneys, eaves, and awnings may project thirty-six (36)
inches into a required yard.
(b) Fire escapes, stairways, balconies or canopies which are unenclosed, and air conditioning units
may project three feet eight inches (T 8") into a required side or rear yard.
(c) An unenclosed and unroofed patio or deck not higher than the first floor level of the principal
building may be located in any required yard which is not contiguous to a street to within five (5)
feet of a plot line.A ground-level slab or patio may be located within fifteen(15) feet of a front plot
line.
(d) On a plot containing a one-family, detached or two family dwelling, side and rear yards not
abutting a street may be reduced to five (5) feet for accessory uses and buildings.
(e) Accessory buildings may not exceed one story on any plot containing a one-family detached
dwelling.
(f) Accessory buildings shall not exceed half the height of any principal building on plots containing
two-family or multiple-family dwellings. On any plot containing grouped dwellings of varying
heights, accessory buildings shall not exceed half the height of the lowest building on the plot.
(g) One-story accessory buildings shall be at least ten (10)feet from any other accessory building and
from any principal building on the same plot. The distance between any principal and accessory
buildings on the same plot, where the accessory building is higher than one-story, shall be half
the height of the highest principal building.
(h) The aggregate floor area of all accessory buildings shall not exceed five percent (5%) of the plot
area.
. 'Editor's note—Ord. No. 96-15, § 1,adopted May 28, 1996,added a new Art.XVI, §§39-275-39-288 to Ch. 39. Formerly Art.
XVI was reserved.
Supp.No. 1 CD39:146.1
§ 39-275 BROWARD COUNTY CODE
(i) No accessory building shall contain more than fiftypercent(50°Ic)of the floor are P a of the principal
building.
(4) Fences, walls and hedges. Fences, walls, or hedges may be erected, planted, and maintained upon
any plot line and in required yards of residentially-zoned property to a maximum height of six (6) feet,
except as follows:
(a) On a lot line not at a corner, where a residential plot abuts commercial or industrially-zoned
property, a fence, wall, or hedge may be a maximum height of eight (8) feet.
•
Supp, No 1 CD39:146.2
ZONING § 39-275
(b) On a corner lot, no opaque fence, wall or hedge may exceed thirty (30) inches within twenty-five
(25) feet of the intersection of the front and side street property lines.
(c) Barbed wire, electrified or razor wire fences, or barbed, electrified or razor wire-topped fences or
walls are prohibited on any residentially-zoned property.
(d) Fence height shall be measured from the established grade.
(5) Swimming pools and spas. All residential swimming pools and spas shall be constructed in
conformity with the following requirements:
(a) All swimming pools and spas shall be completely enclosed by either an open-mesh screen
enclosure or a fence or wall a minimum five (5) feet in height above the ground, measured from
the outside of the fence. Fences or walls shall be of such design and material as will prevent
unauthorized access to the pool area. All screen doors and fence gates must be equipped with
self-closing, self-latching mechanisms.
(b) On plots containing a one or two-family dwelling, swimming pools and spas may be placed in
required side or rear yards subject to the limitations of section 39-275, subsection (3)(d). For
purposes of this subsection, the minimum setback from a plot line shall be measured beginning
three (3) feet from the outermost edge of the waterline of the swimming pool or spa for fenced
pools and spas, and from the exterior of the screen enclosure for screen enclosed swimming pools
and spas.
(c) Swimming pools or spas on plots which directly abut a waterway or other water area shall not
• require enclosure along such wat.Pr-wav nr water area.
(6) Storage on residential property.
(a) Residentially-zoned land shall not be used for the storage of building materials or construction
equipment except during active construction on the plot where the materials or equipment are
located, and provided that a valid permit is in effect for the construction project, and the
materials and equipment stored on the plot are necessary for the permitted construction project.
(b) The open air storage of any item is prohibited in residential zoning districts with the exception
of usable lawn, garden or pool furniture or equipment, barbecues, toys, bicycles, or trash cans
being used by the residents of the dwelling on the plot where such items are stored.
(c) The open air storage of junk, debris, junk vehicles or vessels, or any other item which is not
specified in section 39-275, subsection (6)(b), shall be subject to removal as provided in Article X,
"Property Maintenance and Junk and Abandoned Property," of this Code.
(d) Storage or parking of private passenger vehicles in residential zoning districts shall be in
accordance with Article XI1, Off-street Parking and Loading, and Article X, Property Mainte-
nance and Junk Property.
(7) Commercial vehicles.
(a) It shall be unlawful to park or store any commercial vehicle or equipment on public or private
property in all residential zoning districts, except for the following:
1. One (1) commercial vehicle weighing five thousand (5,000) pounds or less may be parked or
• stored in a carport or garage, or in a side or rear yard if completely hidden from view of all
adjacent properties.
CD39:147
§ 39-275 BROWARD COUNTY CODE
2. Nothing shall prohibit the temporary parking of any commercial vehicle or equipment while
its owner or operator is performing lawful and authorized public or private work as follows:
a. Tradesmen performing ser-,rice or construction work or making deliveries of merchan-
dise or household items;
b. Public utility service work or emergency vehicles, including law enforcement vehicles.
(8) Dumpsters and dumpster enclosures.
(a) Dumpsters and dumpster enclosures shall be required on all residential plots containing four (1)
or more dwelling units unless:
1. There is a carport, garage, or other enclosed area suitable for storage of waste containers,
attached to each individual dwelling unit on the plot; and
2. That such carport, garage, or other enclosed area is used by the residents of the dwelling to
store their waste containers when not being made available for trash pick-up.
(b) Dumpsters shall be maintained free of jagged or sharp edges or inside parts which could prevent
the free discharge of their contents.
(c) Dumpsters shall be emptied by a licensed collector at intervals which will preclude overflow.
(d) Dumpsters and the area around the dumpster and dumpster enclosure shall not be used for
disposal of furniture and major appliances, except during a scheduled bulk pick-up by a licensed
collector.
(e) All dumpster pads shall be at least two (2)feet larger than the dumpster on all sides. Wheel stops
or posts shall be permanently affixed to the pad at least one (1) foot inside the perimeter of the
enclosure to prevent the dumpster from striking the enclosure during collection.
Of) The dumpster, dumpster enclosure, and all surrounding areas shall be maintained by the
property owner in accordance with this section, and shall be kept free of overflowing refuse at all
times, except on a scheduled pick-up date. If a continuous problem of insufficient dumpster
capacity is proven to exist, additional or larger capacity dumpsters and enclosures or increased
frequency of pick-up shall be required in order to eliminate the overflow problem.
(g) Dumpsters and dumpster enclosures shall be located in a position accessible for collection by the
equipment of the collector.
(h) Dumpsters may be placed in the ground, provided the floor and Halls of the enclosure are
constructed of an impervious material. Any portion of the dumpster which is visible above the
ground shall be screened with landscape material.
(1) Dumpsters not placed in the ground shall be stored on a concrete pad, in accordance with the
South Florida Building Code, at all times except twelve (12) hours before or after scheduled
refuse collection and twenty-four (24) hours before or after special bulk waste collection.
(j) The perimeter of the dumpster pad shall be enclosed on three (3) sides by an enclosure no less
than the height of the dumpster plus six(6) inches. The enclosure shall be of translucent material
allowing the detection of movement from one side to the other side of the enclosure. The
remaining side of the dumpster enclosure shall be enclosed with gates constructed in accordance
with section 39-275, subsection (8)(k) below.
(k) The gates of the enclosure shall be constructed of a frame with translucent walls affixed thereto,
and shall be of a material of sufficient strength to withstand normal use. Gates shall be attached
to metal posts at least three (3) inches in diameter with at least two (2) hinges. Each gate shall
have a wheel at the bottom to prevent sagging and shall have drop pins or rods to hold the gates
• in place in both open and closed positions.
CD39:148
ZONING 39-275
(1) All dumpster enclosures consisting of living plants shall conform to the requirements of Article
VIII, Functional Landscaping and Xeriscaping.
(m) On residential plots developed prior to June 16, 1995, where no other suitable location exists,
upon application and receipt of a permit from Broward County, a residential dumpster and
dumpster enclosure may be located within a required parking space or yard area.
(9) Recrea.tionOl Uehicles and boats. In all residential zoning districts currently licensed recreational
vehicles and boats may be parked or stored on plots containing a dwelling, subject to the following:
(a) Parking or storage of recreational vehicles or boats shall be limited to vehicles or boats owned by
the occupants of the property or their guests.
(b) Maintenance of recreational vehicles or boats shall not be permitted in a residential zoning
district with the exception of cleaning or replacement of tires, batteries, spark plugs or other
minor repairs which do not involve the exchange of engine parts or paint or body work.
(c) At no time while parked or stored in a residential zoning district shall sewer or electrical service
connections be attached to a recreational vehicle or boat, except that electrical service connec-
tions may be attached for a maximum of forty-eight (48) hours prior to and in preparation for
departure from the property.
(d) All boats, except canoes and boats less than twelve (12) feet in length, must be on a currently
licensed boat trailer.
(e) In addition to the limitations in section 39-275, sub-sections (9)(a), (b), (c) and (d) above, on a plot
containing a one or two-family dwelling:
• 1. Not more than one (1) boat and one (1) recreational vehicle may be parked or stored outside
of a carport or fully enclosed building.
2. No recreational vehicle or boat shall be parked or stored in a location which causes the
recreational vehicle or boat to encroach onto a street or in any location which visually
obstructs vehicle egress from contiguous properties.
(f) In addition to the limitations in section 39-275, subsections (9)(a), (b), (c), (d) and (e) above, on a
plot containing three (3) or more dwelling units:
1. One recreational vehicle and one boat per dwelling unit may be parked or stored on the plot
outside of a carport or fully enclosed building, if an area specifically designated for such use
is provided.
2. No part of any required off-street parking facility or required landscape area may be used
for parking or storage of recreational vehicles or boats.
(10) Repair and maintenance of vehicles.
(a) Mechanical repairs to private passenger vehicles belonging to occupants of a dwelling shall be
permitted inside a residential garage.
(b) Only minor repairs limited to tire, battery, sparkplug, or oil replacement may be performed in a
carport or in the open air.
(c) No storage of parts or equipment shall be permitted at any time outside of a garage.
(d) Auto body work and painting shall be prohibited in anv residential area.
• (e) Any repair or maintenance of vehicles conducted pursuant to this section shall conform to all
other provisions of the Broward County Code.
CD39:149
F 39-275 BR0WARD COUNTY CODE
.10 (11) Boathouses, boat slips and boat lifts. The following regulations shall apply to boathouses, boat
Slips and boat lifts in residential districts:
(a) No boathouse or boat lift shall exceed a height of fifteen (15) feet.
(b) No boathouse shall be built less than five(5) feet from the established bulkhead or watenvav line
or less than ten (10) feet from any side plot line.
(c) No boathouse shall exceed twenty (20) feet in width and forty (40) feet in depth.
(d) No boathouse, boat slip or boat lift shall be constructed or altered to be less than ten (10) feet from
any side plot line.
(e) No boathouse, boat slip or boat lift may extend more than thirty-three percent (331/6)of the width
of the waterway, or twenty-five (25) feet into the waterway, whichever is less, as measured from
the recorded property line along the waterway.
(f) Nighttime reflectors shall be affixed to any boathouse or boat lift extending more than five(5)feet
into any waterway.
(12) Docks and moorings. Docks and moorings for pleasure boats, yachts and other noncommercial
watercraft shall be permitted in residential zoning districts on any waterway or water area as an
accessory use to a permitted residential,occupancy of a plot, subject to the following:
(a) No dock shall project more than five (5)feet into any waterway beyond the property line along the
waterway or the established bulkhead line. No dock shall extend closer than ten (10) feet to the
plot line of any other residentially-zoned property.
� ULi Mooring pilings shall be per-nutted, provided they do not project into any waterway more than
thirty-three percent(33%)of the width of the waterway, or twenty-five(25) feet whichever
er is less,
as measured from the recorded property line. No mooring piling shall be situated closer than ten
(10) feet to any lot line of contiguous property.
(c) Nighttime reflectors shall be affixed to any mooring piling extending more than five (5) feet into
any waterway.
(d) Vessels docked at or moored to private docks or by mooring pilings shall not extend into a
waterway more than thirty-three percent (33%) of the width of the waterway measured from the
recorded property line.
(e) No vessel of any kind shall dock at, moor to, or tie up to a private seawall, dock or mooring piling
or be beached upon private property without the permission of the owner or legal occupant of the
residence immediately adjacent to the private seawall, dock, mooring piling, or beach. Nothing,
however, shall prohibit vessels or persons in distress from mooring to, tying up to, or beaching on
private property, in an emergency situation, for a maximum of seventy-tv,,o (72) hours from the
time the vessel is initially moored, docked, tied up to, or beached on the private property. At the
end of the seventy-two (72) hour period, the owner or occupant of such private property may
request Broward County to initiate the appropriate procedures to remove the vessel.
(f) The owner of the property or person in charge of or occupying a vessel shall at all times keep the
docks, seawalls and premises adjacent to such vessel in a neat and orderly manner and free from
litter, repair parts, machinery, equipment and debris of any kind.
(g) No vessel shall be docked, moored or anchored adjacent to residential property in such a manner
0 that it extends across the property line of contiguous property.
CD39:150
ZONING § 39-275
(13) Groins, seawalls and breakwaters.
(a) The approval of the U.S.Army Corp of Engineers must be obtained for any encroachment into the
waters of the Atlantic Ocean or any other navigable waterway.
(b) Seawalls shall be of the sloping, high energy-absorbing type, or of a vertical type with high
energy-absorbing, rubble mound on the ocean or waterway side of the vertical wall. The toe or
bottom of sloping seawall shall not be located closer than one hundred (100) feet from mean low
water shoreline.
(14) Household pets. Livestock such as horses, cattle, sheep, goats, hogs, pigs, and poultry shall not be.
permitted as pets.
(15) Grouped housing. Where two (2) or more separate buildings for dwelling purposes are erected on
the same plot, minimum front, side and rear yards shall be provided around the perimeter of the plot as
required by this code. The distance between such buildings shall be at least half the height of the higher
of the two (2) buildings, but not less than ten (10) feet.
(16) Minimum space and basic facility requirements for dwelling units. No person shall occupy or
allow occupancy of any dwelling unit which does not comply with the minimum standards specified
herein.
(a) Requirements for space.
1. Each dwelling unit shall have a minimum gross floor area of not less than one hundred fifty
(150) square feet for the first occupant and not less than one hundred twenty (120) square
feet for each additional occupant, of which forty (40) square feet shall be bedroom area,
• thirty 00) cni73rp f'ppt "hall ho A;-'- -A F;1? rr�nl --I'---. c _L a i_ i --- `
2. Every room in a dwelling unit shall have a gross floor area of not less than seventy (70)
square feet and, when occupied by more than one occupant, shall have a gross floor area of
at least(50) square feet for each occupant. Every room shall have a minimum width of eight
(8) feet.
3. Gross area shall be calculated on the basis of total habitable room area as defined in section
39-4 of this code.
4. Every dwelling unit shall have a minimum of twelve (12) square feet of floor area of closet
space for the first bedroom and six (6) square feet of floor area for closet space for each
additional bedroom. Kitchen closet space shall not be considered as meeting this require-
ment. All clothes closets must have a shelf and rod.
(b) Basic sanitary facility requirements.
1. Each dwelling unit shall have not less than one flush water closet, one lavatory basin, and
one bathtub or shower for each six (6) persons, or fraction thereof, residing in the dwelling
unit.
2. Urinals shall not be substituted for water closets.
3. All toilet and bath facilities shall be accessible from the interior of the dwelling unit.
(17) Temporary sales offices.
(a) A temporary sales office may be erected and used on the plot of a residential development during
construction of the dwelling units in the project. The sales office shall be removed upon
completion of the phase of the project utilizing the sales office, or three (3)years from the date of
issuance of the Development Order for Building Permit for the first dwelling unit, whichever
occurs first.
CD39:151
t
Agh
§ ,)9-275 BROWARD COUN'N CODE
(b) In no case shall any temporary sales office be permitted to remain on the plot of the residential
development if the Development Order or any permit for construction of the dwelling units in the
project becomes invalid for more than a thirty (30) day time period.
(c) Any permit application for a temporary sales office shall be accompanied by a copy of an approved
plat or site plan specifically delineating the boundaries of the phase of the project the sales off-ice
is to serve.
(d) Only one sales office shall be permitted to serve the area delineated in the project area.
(18) Signs. Signs in any residential zoning district shall be subject to Article VI, "Signs," of this Code.
(19) Definitions. Terms used in this article are defined in Article II, "Definitions," of this Code.
(20) Property iWaintenance. All buildings and properties in residential zoning districts shall be
maintained in accordance with Article X, "Property Maintenance and Junk and Abandoned Property," of
this Code.
(21) Landscaping. All properties
(Ord. No. 96-15, § 1, 5-28-96; Ord. No. 1997-25, § 2, 6-10-97; Ord. No. 2000-36, § 31, 8-22-00)
Sec. 39-276. Purpose of districts.
The provisions of these districts are intended to provide a variety of residences and complimentary
uses which conform to the density requirements, policies, and objectives of the Broward County Land Use
Plan.
(Ord. No. 96-15, § 1, 5-28-96)
dec. 39-2 7 7. Residential Toning districts.
The following shall constitute residential zoning districts for the purposes of this Code:
District title
RS-2 through RS-6 One-family detached dwelling dis-
tricts
RDA through RD-10 Duplex and attached one-family dwell-
ing districts
RM-5 through RM-25 Multiple-family dwelling districts
(Ord. No. 96-1.5, § 1, 5-28-96; Ord. No. 1997-12, § 1, 3-11-97; Ord. No. 1998-31, § 3, 9-8-93)
Sec.-39-278. Density.
No residentially-zoned property shall be developed to a density exceeding the following maximum
limits:
Density Limits:
Permitted Dwelling
District Units per Net Acre
I-Family All
detached others
RS-2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.0
•
CD39.152
9544632224
!iL-30-03 01 :55NM FROM-Akerman San tt Eidson 9544632224 0 T-678 P.01102 F-895
rman Senterfitt
ATTORNEYS AT LAW
[coca Raton Las 01as Centre 11,Suiie 1600
Fort Laudcrdalc 350 EaSt Las 013s Boulevard
Iscksonville Fort Laudcrdalc,Florida 33301-2229
.M.i.uni
Orlando www.akerman.com
Tallahasscc 954 463 2700 ref 954 463 2224 fac
Tampa
P;esr Palm Beach
FAX COVER SHEET
From: Edwin J. Stacker Date: July 30, 2003
PLEASE: DELIVER 2 PAGEIS) (including cover sheet) TO:
?lame: Charlene Johnson Fax Number: 954-921-2604
Company: City of Dania Beach Phone Number: 954-924-3622
Please call (954) 463-2700 Ext. 6004 if you do not receive all the pages.
Comments/Special Instructions
•
AS per our discussion, attached is the letter to Larry Leeds which needs to be distributed to van Pato, City
Mariager, and the Commission.
Thank you for your assistance. If you have any questions, please call me.
The information contained in this nansmission may be a confidential attorney-client communication or may otherwise bz�
prig ileged and confidential, intended orAy for the use of the individual or entity named above, If the reader of this
tramrnittal is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are
hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have•
r �r.ived this communication in error, please immediately notify us by telephone 4nd rcttim the otiginal T[gnsmittal to us
Zail. Thank vou.
C1ient,'MatterNo: _31215-131714 Equitrae ID: , 7599
1FT'1906'�7:1 j
.6K
FLORIDA
July 16, 2003
Ed J. Stacker, Esq. VIA MAIL AND FAX: 954-463-2224
Akerman-Senterfitt
Las Olas Center II, Suite 1600
Fort Lauderdale, FL 33301
Re: Treasure Cove (Established Bulkhead Line)
Dear Mr. Stacker:
I am receipt of your letter dated July 10, 2003. In your letter, you stated that I
suggested you appeal staffs determination regarding the location of the
established bulkhead line. You also imply that staff's position regarding the
bulkhead line was just recently determined.
Staff did not suggest that your client appeal staffs determination regarding
bulkhead line location. Also, staff made no recent determination regarding the
bulkhead line location. I informed you that staffs initial determination was
made over six months ago when your client applied for a variance in December
2002. As per our December 2002 staff report, staff determined the location of
the established bulkhead line as described below:
1) The established, bulkhead line on the west side of the property (adjacent
to SW 27th Terrace) extends approximately 66 feet north of the boat
basin seawall.
2) The established bulkhead line at the east side of property (adjacent to
SW 27th Avenue) extends approximately 75 feet north of the boat basin
seawall.
Our position today remains the same as in December 2002. If you choose to
appeal this determination, please forward a letter confirming same to this office
together with a $1,000.00 processing fee. We will also require a site plan
submittal package (ten sets) for submittal to the City Commission.
This item will most likely be scheduled for the September 9 City Commission
• meeting. We hear items in the order in which they are submitted and a
significant number of applications were submitted prior to your July 10 appeal.
"Broward's First City'
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us
We require adequate time to evaluate your request, research property records,
• prepare and mail notices, and publish advertisements in advance of the City
Commission meeting. We need to go through this procedure with your
application and as well as every other in-process application. As you know, the
city has received an unprecedented number of site plan, plat, and variance
applications. Staff is also very busy with the pending Local Activity Center
("LAC' land use plan amendment scheduled to be heard by the County
Commission on August 12.
For the above reasons, staff will attempt, but cannot guarantee, to set your
request for an earlier city commission meeting than indicated above.
Please contact me if you have any questions.
Sincerely,
Laurence Leeds, AICP, Director
Department of Community Development
Direct Dial: (954) 924-3640 FAX: (954) 924-3642
E-mail: Ileeds@ci.dania-beach.fl.us
Cc: Mayor and City Commission
Ivan Pato, City Manager
Tom Ansbro, City Attorney
Charlene Johnson, City Clerk
Gary Posner (VIA FAX: 954-926-2061)
Senterfi t
ATTORNEYS AT LAW
Boca Raton Las Olas Centre II,Suite 1600
Fort Lauderdale 350 East Las Olas Boulevard
Jacksonville Fort Lauderdale,Florida 33301-2229
Miami
Orlando
www.akennan.com
Tallahassee 954 463 2700 tel 954 463 2224 fax
Tampa
West Palm Beach
July 2, 2003 Edwin J.Stacker
954 759 8956
estacker@akerman.com
Glenn Morris stacker@akerman.com
c/o Charlene Johnson, City Clerk
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
:Re: Treasure Co,e Assoc Lates, Ltd Fifty-two (52) Dock/SIip Lay-Out
Dear Captain Morris:
As a follow up to our prior conversations, we have enclosed sixteen (16) sets of documents
relating to the above referenced project and are requesting that these plans be placed on the July
16`h Marine Advisory Board ("MAB") meeting agenda.
For your information, these plans set out the most recent proposed configuration of the docks and
boat slips, and will be presented to the City Commission`fortheir�corisideration_m�Augus: " Also
enclosed is a copy of the South Florida Water Management District ("SFWMD") Environmental
Resource Permit and Right of Way Permit ("Permits"), which Permits approved fifty-two (52)
slips in a configuration that actually extended further into the canal. In addition, we have
enclosed aerials delineating the bulkhead line along the Dania Cut-off Canal, which have been
prepared by Sea Systems Corp., our consulting engineers.
Thank you for your cooperation, and we look forward to appearing before the MAB on July 16.
Please contact me if you have any questions or concerns prior to the meeting.
Very truly yours,
A SENTERFIT
Edwin J. Stacker
Enclosures
cc: Gal-v Posner
I FT187722;1
SOUTH F IDA WATER MANAGEMENT DISTNCT
ENVIRONMENTAL RESOURCE PERMIT NO. 06-03206-P
0 DATE ISSUED: FEBRUARY 13, 2003
R M l0110
.GM
PERMITTEE: TREASURE COVE ASSOCIATES,LTD.
(YACHT CLUB AT TREASURE COVE)
126 SOUTH FEDERAL HWY 204,
DANIA BEACH,FL 33004
PROJECT DESCRIPTION: APPROVAL FOR CONSTRUCTION OF FIFTY-TWO(52)NEW BOAT SLIPS AT A PROJECT REFERRED TO AS THE YACHT
CLUB AT TREASURE COVE.
PROJECT LOCATION: BROWARD COUNTY, SECTION 29 TWP 50S RGE 42E
PERMIT DURATION: See Speclal Condition No:1.See attached Rule 40E-4.321,Florida Administrative Code.
Ttus Permit is issued pursuant to Application No. 010531-10,date(March 30,2001_ Permlttee agrees to hold and save the
South Florida Water Management District and its successors harmless from any and all damages.claims or liabilities which may arise
by reason of the construction,operation,maintenance or use of activities authorized by this Permit. Thus Permit is Issued under the
provisions of Chapter 373 . Pan IV Florida Statutes(F_S.).and the Operating Agreement Concerning Regulation Under Part rv,
Chapter 373 F.S.,between South Florida Water Management District and the Department of Environmental Protection. Issuance
of this Permit constitutes certification of compliance with state water quality standards where neccessary pursuant to Section 401.
Public Law 92-500. 33 USC Section 1341 , unless this Permit is issued pursuant to the net Improvement provisions of Subsections
373.414(l)(b), F.S.,or as otherwise stated herein.
This Permit may be transferred pursuant to the appropriate provisions of Chapter 373. F.S.and Sections 40E-1.6107(1) and (2), and
40E-4.351(1), (2). and(4). Florida Administrative Code (F.A.C,). This Permit may be revoked. suspended, or modified at any time
pursuant to the appropriate provisions of Chapter 373.F.S. and Sections 40E-4.351(1), (2),and(4).F.A.C.
This Permit shall be subject to the General Conditions set forth in Rule 40E-4.381, F.A.C.. unless waived or modi8cd by the
Governing Board. The Application, and the Environmental Resource Permit Staff Review Summary of the Application,including
a1i +tints, and--ti plans and specifications imcoi-Famted by reference, are a part of this Permit. All activities authorizi d by
this t shall be implemented as set forth in the plans, specifications, and performance criteria as set forth and incorporated
in the Environmental Resource Permit Staff Review Summary.Within 30 days after completion of construction of the permitted
activity, the Pcumittcc shall submit a written statement of completion and certification by a registered professional engineer or other
appropriate individual,pursuant to the appropriate provisions of Chapter 373,F.S. and Sections 40E-4.361 and 40F�4,381, F.A.C.
F'In the event the property is sold or otherwise conveyed.the Permittee will remain liable for compliance with this Permit until transfer
is approved by the Distract pursuant to Rule 40E-1.6107,F.A.C_
SPECIAL AND GENERAL CONDITIONS ARE AS FOLLOWS:
SEE PAGES 2 3 OF 6 (17 SPECIAL CONDITIONS).
SEE PAGES 4 - 6 OF 6 (19 GENERAL CONDITIONS).
FILED WITH THE CLERK OF THE SOUTH SOUTH FLORIDA WATER MANAGEMENT
FLORIDA WATER MANAGEMENT DISTRICT DISTRICT,BY ITS GOVERNING BOARD
ON ORIGINAL SIGNED SYf- ORIGINAL SIGNED BY:
PAULA MOREE
BY By
DEPUTY CLERK ASSISTANT SECRETARY
PAGE 1 OF 6
PERMIT N0; 06-03206-P
iN
PACE 2 Or 6
SPECIAL CONDITIONS
The construction phase of this permit shall expire on February 13 , 2008 .
2 . Operation and maintenance of the docking facilities authorized herein shall be the
responsibility of the permittee_ Prior to transfer of title for any portion of the
project to a third party, a modification of the permit will be required.
3 . The permittee shall be responsible for the correction of any erosion, shoaling or
water quality problems that result from the construction or operation of the surface
water management system.
4 . Measures shall be taken during construction to insure that sedimentation and/or
turbidity violations do not occur in the receiving water.
5 _ The District reserves the right to require that additional water quality treatment
methods be incorporated into the drainage system if such measures are shown to be
necessary.
6 . Facilities ocher than those stated herein shall not be constructed without an
approved modification of this permit,
7 . All barge activity shall occur in areas where a minimum one foot bottom clearance is
maintained.
8 . All contractors must be provided with a copy of the staff report and permit
conditions prior to the commencement of construction. The permittee is responsible
for ensuring that all contractors adhere to the project construction details and
methods indicated on the attached permit Exhibits and described herein.
9 . Spoil generated from the excavation authorized by this permit must be placed on an
upland site, as shown on the enclosed exhibits, and contained in such a manner as to
prevent erosion into other surface waters.
10 . Dock and walkway pilings shall be constructed of plastic, concrete or greenheart,
non-CCA treated wood or wood wrapped in 30 to 60 mil pvc.
11. This condition was deleted at the direction of the District 's Governing .Board at the
February 13, 2003 Governing Board meeting.
12 . Construction approval authorized by this permit is limited to the addition of fifty-
two (52) boat slips_
13 . No fueling or fish cleaning facilities shall be installed or operated on the docking
facilities that are authorized herein for the life of the facility.
14. No liveaboards shall be allowed to dock at the docking facilities authorized by this
permit for the life of the facility. A liveaboard shall be defined as a vessel
docked at the facility that is inhabited by a person or persons for any two
consecutive days or a total of seven days within a 30 day period.
15. The permittee shall instruct all personnel associated with the project of the
potential presence of manatees and the need to avoid collision with manatees. All
construction personnel are responsible for observing water-related activities for
the presence of manatee(s) .
The permittee shall advise all construction personnel that there are civil and
criminal penalties for harming, harassing, or killing manatees which are protected
under the Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973,
and the Florida Manatee Sanctuary Act.
isSiltation barriers shall be made of material in which manatees cannot become
entangled, are properly secured, and are regularly monitored to avoid manatee
entrapment. Barriers must not block manatee entry to or exit from essential
habitat.
I II II 1� LVVJ 1ULl JI VJI IL 1JUlUVGVVJU 1 .V"t VU
Adlk P: RMIT NO: 06-03206-P
PAGE 3 OF 6
All vessels associated with the construction project shall operate at "no wake/idle11
speeds at all times .while in the construction area and while in water where the
draft of the vessel provides less than four-foot clearance from the bottom_ All
construction vessels shall follow routes of deep water whenever possible.
If manatees are seen within 100 yards of the active daily construction/dredging
operation or vessel movement, all appropriate precautions shall be implemented to
ensure protection of the manatees_ These precautions shall include the operation of
all moving equipment no closer than 50 feet of a manatee. Operation of any
equipment closer than 50 feet to a manatee shall necessitate immediate shutdown of
that equipment . Activities will not resume until the manatee has departed the
project area of its own volition.
Any collision with and/or injury to a manatee shall be reported immediately to the
Florida Marine Patrol at 1-800-dial-fmp (1-800-342 5367) . Collision and/or injury
should also be reported to the U.S. Fish and Wildlife Service in Vero Beach (1-407-
562-3909) .
Temporary signs concerning manatees shall be posted prior to and during all
cons ruction/dredging activities. All signs are to be removed by the permittee upon
completion of the project. A sign measuring at least three (3) feet by four (4) feet
which reads "Caution: Manatee Area" will be posted in a location prominently visible
to water related constuction crews. A second sign should be posted if vessels are
associated with the construction, and should be placed visible to the vessel
operator. The second sign should be at least 8 1/2 inches by 11 inches and should
read "Caution: Manatee Habitat" . Idle speed is required if operating a vessel in
the construction area. All equipment must be shutdown if a manatee comes within 50
feet of operation. Any collision with and/or injury to a manatee shall be reported
immediately to the Florida Marine Patrol at 1-800-dial-fmp (1-800-342-5367) . the
. U.S. Fish and Wildlife Service should also be contacted in Vero Beach (1-561-562-
39u9)
16. In order to provide protection to manatees during the operation of docking
facilities, permanent manatee information and awareness signs (Caution: Manatee Area
signs) shall be installed and maintained to increase boater awareness of the
presence of manatees, and of the need to minimize the threat of boats to these
animals. The signs shall be installed prior to the facility opening and beginning
operations. The signs shall be replaced in the event the signs fade or become
damaged, and shall be maintained for the life of the facility. The number, type and
procedure for sign installation shall be in accordance with the Florida Fish and
Wildlife Conservation Commission' s Bureau of Protected Species Management document
entitled "Permanent Manatee Signs" , with the exception that information and
awareness signs will also be required for this project.
17 . Due to the proximity of this project to areas of known manatee corridors, to reduce
the possibility of injuring or killing a manatee during construction, all in-water
work shall be performed only during the following time of year: March through
November.
•
P$RMIT NO: 06-03206-P
PAGE 4 OF 6
OENSRAL CONDITIONS
1 . All activities authorized by this permit shall be implemented as set forth in the
plans, specifications and performance criteria as approved by this permit. Anv
deviation from the permitted activity and the conditions for undertaking that
activity shall constitute a violation of this permit and Part IV, Chapter 373 . F.S.
2 . This permit or a copy thereof, complete with all conditions, attachments, exhibits,
and modifications shall be kept at the work site of the permitted activity. The
complete permit shall be available for review at the work site upon request by
District staff. The permittee shall require the contractor to review the complete
permit prior to commencement of the activity authorized by this permit.
3 . Activities approved by this permit shall be conducted in a manner which does not
cause violations of State water quality standards. The permittee shall implement best
management practices for erosion and pollution control to prevent violation of State
wager quality standards. Temporary erosion control shall be implemented prior to and
during construction, and permanent control measures shall be completed within 7 days
of any construction activity. Turbidity barriers shall be installed and maintained
at all locations where the possibility of transferring suspended solids into the
receiving waterbody exists due to the permitted work. Turbidity barriers shall
remain in place at all locations until construction is completed and soils are
stabilized and vegetation has been established. All practices shall be in accordance
with the guidelines and specifications described in Chapter 6 of the Florida Land
Development Manual; A Guide to Sound Land and Water Management (Department of
Environmental Regulation, 1988) , incorporated by reference in Rule 40E-4.091, F.A.C .
unless a project-specific erosion and sediment control plan is approved as part of
the permit. Thereafter the permittee shall be responsible for the removal of the
barriers. The permittee shall correct any erosion or shoaling that causes adverse
• impacts to the water resources.
4. The permittee shall notify the District of the anticipated construction start date
within 30 days of the date that this permit is issued. At least 48 hours prior to
commencement of activity authorized by this permit, the permittee shall submit to the
District an Environmental Resource permit Construction Commencement Notice Form
Number 0960 indicating the actual start date and the expected construction completion
date.
5. When the duration of construction will exceed one year, the permittee shall submit
construction status reports to the District on an annual basis utilizing an annual
status report form. Status report forms shall be submitted the following June of
each year.
6_ Within 30 days after completion of construction of the permitted activity, the
permitee shall submit a written statement of completion and certification by a
registered professional engineer or other appropriate individual as authorized by
law, utilizing the supplied Environmental _ Resource Permit Construction
Completion/Certification Form Number 0881. The statement of completion and
certification shall be based on onsite observation of construction or review of as-
built drawings for the purpose of determining if the work was completed in compliance
with permitted plans and specifications. This submittal shall serve to notify the
District that the system is ready for inspection. Additionally, if deviation from
the approved drawings is discovered during the certification process, the
certification must be accompanied by a copy of the approved permit drawings with
deviations noted_ Both the original and revised specifications must be clearly
shown. The plans must be clearly labeled as "As-built" or "Record" drawing. All
surveyed dimensions and elevations shall be certified by a registered surveyor.
isThe operation phase of this permit shall not become effective_ until the permittee
has complied with the requirements of condition (6) above, and submitted a request
for conversion of Environmental Resource Permit from Construction Phase to Operation
Phase, Form No. 0920; the District determines the system to be in compliance with the
permitted plans and specifications; and the entity approved by the District in
1 Ir"1 1�T GtJ C,J 1V'LL JI WI IL i✓fir 1 v---vim- I .- --
PERMIT NO: 06-03206-P
PAGE 5 OF 6
accordance with Sections 9 .0 and 10 . 0 of the Basis of Review for Environmental
• Resource Permit Applications within the South Florida Water Management District,
accepts responsibility for operation and maintenance of the system. The permit shall
not be transferred to such approved operation and maintenance entity until the
operation phase of the permit becomes effective. Following inspection and approval
of the permitted system by the District, the permittee shall initiate transfer of the
permit to the approved responsible operating entity if different from the permittee .
Until the permit is transferred pursuant to Section dOE-1. 6107, F.A_C. , the permittee
shall be liable for compliance with the terms of the permit.
8 . Each phase or independent portion of the permitted system must be completed in
accordance with the permitted plans and permit conditions prior to the initiation of
the permitted use of site infrastructure located within the area served by that
portion or phase of the system. Each phase or independent portion of the system must
be completed in accordance with the permitted plans and permit conditions prior to
transfer of responsibility for operation and maintenance of the phase or portion of
the system to a local government or other responsible entity.
9 _ For those systems that will be operated or maintained by an entity that will require
an easement or deed restriction in order to enable that entity to operate or maintain
the system in conformance with this permit, such easement or deed restriction must be
recorded in the public records and submitted to the District along with any other
final operation and maintenance documents required by Sections 9. 0 and 10.0 of the
Basis of Review for Environmental Resource Permit applications within the South
Florida Water Management District, prior to lot or units sales or prior to the
completion of the system, whichever comes first. Other documents concerning the
establishment and authority of the operating entity must be filed with the Secretary
of State, county or municipal entities. Final operation and maintenance documents
must be received by the District when maintenance and operation of the system is
accepted by the local government entity. Failure to submit the appropriate final
• documents will result in the permittee remaining liable for carrying out maintenance
and operation of the permitted system and any other permit conditions.
10, Should any other regulatory agency require changes to the permitted system, the
permittee shall notify the District in writing of the changes prior to implementation
so that a determination can bp made whether a permit modification is required_
11. This permit does not eliminate the necessity to obtain any required federal, state,
local and special district authorizations prior to the start of any activity approved
by this permit. This permit does not convey to the permittee or create in the
permittee any property right, or any interest in real property, nor does it authorize
any entrance upon or activities on property which is not owned or controlled by the
permittee, or convey any rights or privileges other than those specified in the
permit and Chapter 40E-4 or Chapter 40E-40, F.A.C. .
12 . The permittee is hereby advised that Section 253 .77, F.S. states that a person may
not commence any excavation, construction, or other activity involving the use of
sovereign or other lands of the State, the title to which is vested in the Board of
Trustees of the Internal Improvement Trust Fund without obtaining the required lease,
license, easement, or other form of consent authorizing the proposed use. Therefore,
the permittee is responsible for obtaining any necessary authorizations from the
Board of Trustees prior to commencing activity on sovereignty lands or other state-
owned lands.
13 . The permittee must obtain a water Use permit prior to construction dewatering, unless
the work qualifies for a general permit pursuant to Subsection 40E-20.302 (4) , F.A.C. ,
also known as the "No Notice" Rule.
14. The permittee shall hold and save the District harmless from any and all damages,
claims, or liabilities which may arise by reason of the construction_, alteration,
operation, maintenance, removal, abandonment or use of any system authorized by the
permit.
15 . Any delineation of the extent of a wetland or other surface water submitted as part
1111I 1Z LCI CJJ 1V'LL JI WI IL 1 1UVLVV-- I .-I I --
PERMIT NO: 06-03206-P
® PAGE 6 OF 6
of the permit application, including plans or other supporting documentation_, shall
not be considered binding, unless a specific condition of this permit or a formal
determination under Section 373 .421 (2) , F.S. , provides otherwise.
16_ The permittee shall notify the District in writing within 30 days of any sale,
conveyance, or other transfer of ownership or control of a permitted system or the
real property on which the permitted system is located. All transfers of ownership
or transfers of a Hermit are subject to the requirements of Rules 40E-1 .6105 and 40E-
1.6107 , F.A.C. . The permittee transferring the permit shall remain liable for
corrective actions that may be required as a result of any violations prior to the
sale, conveyance or other transfer of the system.
17 . Upon reasonable notice to the permittee, District authorized staff with proper
identification shall have permission to enter, inspect, sample and test the system to
insure conformity with the plans and specifications approved by the permit_
16. If historical or archaeological artifacts are discovered at any time on the project
site, the permittee shall immediately notify the appropriate District service center.
19. The permittee shall immediately notify the District in writing of any previously
submitted information that is later discovered to be inaccurate.
-VVy jV ENVIRONMENTAL HL6UURCE PERhiff CHAeI IMry »-- 'ter VV VV
is
40E•4.321 Duration o ermils
(1) Unless(evoked or otherwise modified the duration of an environmental resource permit
issued under this chapter or Chapter 40E-40,F.A.G, is as follows:
(a) For a conceptual approval, two years from the date of Issuance or the date specitied as a
condition of the permit, unless within that period an application for an individual or standard general
permit is filed for any portion of the project. 11 an application for an environmental resource permit is filed,
then the conceptual approval remains valid until final action is taken on the environmental resource permit
application. If the application is granted, then the conceptual approval is valid for an additional two years
from the date of issuance of the permit. Conceptual approvals which have no individual or standard
general environmental resource permit applications filed for a period of two years shall expire
automatically at the end of the two year perfod.
(b) For a conceptual approval filed concurrently with a development of regional impact (0p,1)
application for development approval (ADA) and a local government comprehensive plan amendment, the
duration of the conceptual approval shall be two years from whichever one of the following occurs at the
latest date:
1. the effective date of the focal government's comprehensive plan amendment.
2. the effective date of the local government development order.
3. the date on which the District issues the conceptual approval, or
4. the latest date of the resolution of any Chapter 120.57, F.A.C., administrative proceeding
or other legal appeals.
( For an individual or standard general environmental resource permit, five years from the
date of issuance or such amount of time as made a condition of the permit.
(d) For a noticed general permit issued pursuant to chapter 40•E-400, F.A.C.,five years from
the date the notice of intent to use the permit is provided to the District.
(2)(a) Unless prescribed by special permit condition, permits expire automatically according to
the tirneframes indicated in this rule. If application for extension is made in writing pursuant to subsection
(3), the permit shall remain in full force and effect until:
1- the Governing Board takes action on an application for extension of an individual permit,
• or
2. stall takes action on an application for extension of a standard general permit.
(b) Installation of the project outfall structure shall not constitute a vesting of the permit.
(3) The permit extension shall be issued provided that a permittee files a written request with
the District showing good cause prior to the expiration of the permit. For the purpose of this rule, good
cause shall mean a set of extenuating circumstances outside of the control of the perminee. Requests for
extensions,which shall include documentation of the extenuating circumstances and how they have
delayed this project, will not be accepted more than 180 days prior to the expiration date.
(4) Substantial modifications to Conceptual Approvals will extend the duration of the
Conceptual Approval for two years from the date of issuance of the modification. For the purposes of this
section, the term "substantial modification" shall mean a modification which is reasonably expected to
lead to substantially different water resource or environmental impacts which require a detailed review.
(5) Substantial modifications to Individual or standard general environmental resource
permits issued pursuant to a permit application extend the duration of the permit for three years from the
date of issuance of the modification. individual or standard general environmental resource permit
modifications do not extend the,duration of a conceptual approval.
(6) Permit modifications issued pursuant to subsection 40E-4.331(2)(b), F,A.C. (letter
modifications) do not extend the duration of a permit.
(7) Failure to complete construction or alteration of the surface water management system
and obtain operation phase approval from the District within the permit duration shalt require a new permit
authorization in order to continue construction unless a permit extension is granted.
Specific authority 373.044,373.113 F.S.Law Implemented 373.413,373.416,373.419,373.426 F.S.History—New 9-3.31,
Amended 1.31 82, 12.1.82, Formerly 16K-4.07(4),Amended 7-1-83.4120f94,Amended 7-1-86,4/20/94, 10.3.95
SFWMD STANDARD PERMIT NO. 12028
s _ a (NON-ASSIGNABLE)
Rev: 9/99
DATE ISSUED: FEBRUARY 13, 2003
AUTHORIZING: PORTION OF A PRIVATE MARINA WITHIN THE SOUTH RIGHT OF WAY OF THE DANIA CUT-OFF CANAL
ADJACENT TO PARCEL A OF TREASURE COVE SUBDIVISION,LOCATED BETWEEN SOUTHWEST 271"
AVENUE AND SOUTHWEST 27TH TERRACE (STATION 77+50-83+00). (SEE ATTACHED TABULATION
OF AUTHORIZED FACILITIES).
LOCATED IN: BROWARD COUNTY, SECTION 29 TOWNSHIP 50S RANGE 42E
ISSUED TO: TREASURE COVE ASSOCIATES
126 SOUTH FEDERAL HIGHWAY, #204
DANIA BEACH, FL 33004
ATTENTION: STEPHEN COLLINS
This permit is issued pursuant to Application No. 02-0621-2 dated JUNE 20, 2002 and permittee's
agreement to hold and save the South Florida Water Management District and its successors harmless from
any and all damages, claims or liabilities which may arise by reason of the construction, maintenance or use
of the work or structure involved in the Permit. Said application, including all plans and specifications
attached thereto, is by reference made a part hereof. The permittee, by acceptance of this permit, hereby
agrees that he/she shall promptly comply with all orders of the District and shall alter, repair or remove his/her
use solely at his/her expense in a timely fashion. Permittee shall comply with all laws and rules administered
by the District. This permit does not convey to permittee any property rights nor any rights or privileges other
than those specified herein, nor relieve the permittee from complying with any law, regulation, or requirement
affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder
shall remain the property of the permittee.
® This permit is issued by the District as a revocable license to use or occupy District works or lands. it does
not create any right or entitlement, either legal or equitable, to the continued use of the District works or
lands. Since this permit conveys no right to the continued use of the District works or lands, the District is
under no obligation to transfer this permit to any subsequent party. By acceptance of this permit, the
permittee expressly acknowledges that the permittee bears all risk of loss as a result of revocation of this
permit.
WORK PROPOSED MUST BE COMPLETED ON OR BEFORE FEBRUARY 28, 2005. Otherwise, this
permit is void and all rights thereunder are automatically canceled unless permittee applies for, in writing, a
request for extension to the construction period and such request is received by the District on or before the
expiration date and such request is granted, in writing, by the District.
SPECIAL CONDITIONS (SPECIFIC PROJECT CONDITIONS) AND LIMITING CONDITIONS ON
ATTACHED SHEETS ARE A PART OF THIS DOCUMENT.
FILED WITH THE CLERK OF THE SOUTH SOUTH FLORIDA WATER MANAGEMENT
FLORID WATER MANAGEMENT DISTRICT DISTRICT, $Y ITS GOVERNING BOARD
BY
BY
Deputy Clerk 1 Assistant Secretary
Acting in absence of Secretary
C: JOSE VARON
FT.LAUDERDALE FIELD STATIONi ',�
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(954)452-4814,EXTENSION 4822IN
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AOL
PERMIT NUMBER 12028
FEBRUARY 13,2003
TABULATION OF AUTHORIZED FACILITIES FOR:TREASURE COVE ASSOCIATES, INC.
(PROPOSED)
5 Main Finger Piers with 7 Secondary Finger Piers
14 Mooring Piles
Water and Electrical Service
Lights(Shielded)
(EXISTING)
Portion of Finger Pier
•40E-6.381 LIMITING CONDITIONS
The.District's authorization to utilize lands and other works constitutes a revocable license (including both notice general
permits and standard permits). In consideration for receipt of that license, permittee shali agree to be bound by the
foNowine st it 3rd 13m1{: J ..-ndltlOr high chill ha included-.� -;I — c, issued, rc c r
a 1 s, w h ti in ude „�i permit issu pu; uant to this he�pter:
tI7 rill Sifi:CtiirCs Oil iJ15triOi works or lands cOnStrUCieu by permiti2 Silali ieriidlil the pru} ti iy }i pCr;iiiiie2,
1n,ho shall be solely responsible for ensuring that such structures and other uses remain in good and safe condition.
Permittees are advised that other federal, state and local safety standards may govern the occupancy and use of the
District's lands and works. The District assumes no duty with regard to ensuring that such uses are so maintained and
assumes no liability with regard to injuries caused to others by any such failure.
(2) Permittee solely acknowledges and accepts the duty and all associated responsibilities to incorporate
safety features, which meet applicable engineering practice and accepted industry standards, into the design,
construction, operation and continued maintenance of the permitted facilities/authorized use. This duty shall include, but
not be limited to, penrnittee's consideration of the District's regulation and potential fluctuation, without notice, of water
levels in canals and works, as well as the permittee's consideration of upgrades and modifications to the permitted
facilities/authorized use which may be necessary to meet any future changes to applicable engineering practice and
accepted industry standards. Permittee acknowledges that the District's review and issuance of this permit, including, but
not limited to, any field inspections performed by the District, does not in any way consider or ensure that the permitted
facilities/authorized use is planned, designed, engineered, constructed, or will be operated, maintained or modified so as
to meet applicable engineering practice and accepted industry standards, or otherwise provide any safety protections.
Permittee further acknowledges that any inquiries, discussions, or representations, whether verbal or written, by or with
any District staff or representative during the permit review and issuance process, including, but not limited to, any field
inspections, shall not in any way be relied upon by permittee as the District's assumption of any duty to incorporate safety
features, as set forth above, and shall also not be relied upon by permittee in order to meet permittee's duty to incorporate
safety features, as set forth above.
(3) Permittee agrees to abide by all of the terms and conditions of this permit, including any representatiolis
made on the permit application and related documents. This permit shall be subject to the requirements of Chapter 373,
S., and Chapter 40E-6, F.A.C., including all subsequent rule and criteria revisions. Permittee agrees to pay all removal
rid restoration costs, investigative costs, court costs and reasonable attorney's tees, including appeals, resulting from
any action taken by the District to obtain compliance with the conditions of the permit or removal of the permitted use. If
District legal action is taken by staff counsel, "reasonable attorney's fees" is understood to mean the fair market value of
the services provided, based upon what a private attorney would charge.
(4) This permit does not create any vested rights, and except for governmental entities and utilities, is
revocable at will upon reasonable prior written notice. Permittee bears all risk of loss as to monies expended in
furtherance of the permitted use. Upon revocation, the permittee shall promptly modify, relocate or remove the permitted
use and properly restore the right of way to the District's satisfaction. In the event of failure to so comply within the
specified time, the District may remove the permitted use and permittee shall be responsible #or all removal and
restoration costs.
(5) This permit does not convey any property rights nor any rights or privileges other than those specified
herein and this permit shall not, in any way, be construed as an abandonment or any other such impairment or disposition
of the District's property rights. The District approves the permitted use only to the extent of its interest in the works of the
District. Permittee shalt obtain all other necessary federal, state, local, special district and private authorizations prior to
the start of any construction or alteration authorized by the permit. Permittee shall comply with any more stringent
conditions or provisions which may be set forth in other required permits or other authorizations. The District, however,
assumes no duty to ensure that any such authorizations have been obtained or to protect the legal rights of the underlying
fee owner, in those instances where the District owns less than fee.
(6) Unless specifically prohibited or limited by statute, Permittee agrees to indemnify, defend and save the
District (which used herein includes the District and its past, present and future employees, agents, representatives,
officers and Governing Board members and any of their successors and assigns) from and against any and all lawsuits,
actions, claims, demands, losses, expenses, costs, attorneys fees (including but not limited to the fair market value of the
District's inhouse attorneys' fees based upon private attorneys' fees/rates), judgments and liabilities which arise from or
may be related to the ownership, construction, maintenance or operation of the permitted use or the possessicn,
utilization, maintenance, occupancy or ingress and egress of the District's right of way which arise directly or indirectly
and/or are caused in whole or in part by the acts, omissions or negligence of the District or of third parties. Permittee
sees to provide legal counsel acceptable to the District if requested for the def nse of any such claims.
(7) The District does not waive sovereign immunity in any respect.
Ask
;y
040E-6.381 LIMITING CONDITIONS
(8) The permittee shall not engage in any activity regarding the permitted use which Interferes with the
construction, alteration, maintenance or operation of the works of the District, including:
(a) discharge of debris or aqua!lcweed, into the of the District
CDi Lsu :ng -0rosior) Q1,s-,,Ciahna ,vIt li,i if c works CT ft,e D;s,rIc
(c) planting trees or shrubs or erecting structures which limit or prohibit access by District equipment and
vehicles, except as may be authorized by the permit.
Permittee shall be responsible for any costs incurred by the District resulting from any such interference, as set forh
in (a), (b), and (c), above;
(d) leaving construction or other debris on the District's right of way or waterway,
(e) damaging District berms and levees.-
(a) the removal of District owned spoil material;
(b) removal of or damage to District locks, gates, and fencing',
(c) opening of District rights of way to unauthorized vehicular access; or
(d) running or allowing livestock on the District's right of way.
(9) The District is not responsible for any personal injury or property damage which may directly or indirectly
result from the use of water from the District's canal or any activities which may include use or contact with water from the
District's canal, since the District periodically sprays its canals for aquatic weed control purposes and uses substances
which may be harmful to human health or plant life.
(10) Permittee shall allow the District to Inspect the permitted use at any reasonable time.
(11) Permittee shall allow, without charge or any interference, the District, its employees, agents, and
contractors, to utilize the permitted facilities before, during and after construction for the purpose of conducting the
District's, routine and emergency, canal operation, maintenance, and construction activities. To the extent there is any
conflicting use, the District's use shall have priority over the permittee's use.
(12) This permit is a non-exclusive revocable license. Permittee shall not interfere with any other existing or
future permitted uses or facilities authorized by the District.
(13) The District has the right to change, regulate, limit, schedule, or suspend discharges into, or withdrawals
works of the District in accordance with criteria established by the Big Cypress Basin, the District, or the U. S. Army
Corps of Engineers for the works of the District.
(14) If the use involves the construction of facilities for a non exempt water withdrawal or surface water
discharge, the applicant must apply for and obtain a water use or surface water management permit before or
concurrently with any activities which may be conducted pursuant to the right of way occupancy permit.
(15) The District shall notify the local ad valorem taxing authority of the lands affected by the per-mitted use,
where the permittee owns the underlying fee and derives a substantial benefit from the permitted use. The taxing
authority may reinstate such lands on the tax roil. Failure to pay all taxes in a timely manner shall result in permit
,evocation. Such permit revocation shall not alleviate the responsibility of the permittee to pay all taxes due and payable.
(16) Permittee shall provide prior written notice to their successors in title of the permit and its terms and
conditions.
(17) Permittee shall record a Notice of Permit through filing the appropriate notice agreed to by the District in
the public records of the county or counties where the project is located and by providing the District with proof of filing or
through an equivalent procedure. Ali costs associated with this requirement shall be the responsibility of the permittee.
Governmental entities and utilities are not subject to this provision.
(18) This permit is contingent upon compliance with the recording of the Notice of Permit. Failure to provide
proof of the recording of the Notice of Permit will result in the permit becoming invalid on its own terms, the removal of a�:y
existing facilities within the fight of way, restoration of the right of way to the Cistrict's satisfaction, at the permittee's
expense, and the possible assessment of civil penalties.
(19) Permittee shall be responsible for the repair or replacement of any existing facilities located within the
District's right of way which are damaged as a result of the installation or maintenance of the authorized facility.
(20) All obligations under the terms of this permit authorization'and any subsequent modifications hereto shall
.e joint and several as to all owners.
(21) It is the responsibility of the permittee to make prospective bidders aware of the terms and conditions of
this permit. It shall be the responsibility of the perrinittee's contractors to understand the terms and conditions of this
permit and govern themselves accordingly.
(22) It is the responsibility of the permittee to bnng to the attention of the District any conflict in the perrrJt
Ohorization or permit conditions in order that they may be resolved prior to the start of construction. In resolving such
conflicts the District's determination will be final.
Specific Authority 373.044, 373.1.13 F.S. Law Implemented Chapters 373.085(1), 373.086, 373.103, 373.103, 373,129,
3 r 3.1395, 373.603, 373.609, 373.61 3 F.S History—Ne,ei 9-3-81, Amended 5-30-32. 1 '-29-36, 12-24-91, 9-15-99
Formerly 16K-5.01(2), 16K-5.02(2), 16K-5.03(2), 18K-5.04(4), 16K-5.05, 40E-6.381.
• PERMIT NUMBER 12028
FEBRUARY 13, 2003
SPECIAL CONDITIONS ARE AS FOLLOWS;
1. PRIOR TO COMMENCEMENT OF CONSTRUCTION OR UTILIZATION OF THE DISTRICT'S RIGHT OF
WAY THE PERMITTEE IS REQUIRED TO CONTACT THE DISTRICT'S FIELD REPRESENTATIVE
LISTED ON THE FACE OF THE PERMIT AND SCHEDULE A PRE-CONSTRUCTION MEETING.
2. THE DISTRICT IS NOT UNDER ANY CIRCUMSTANCES RESPONSIBLE FOR THE REPAIR OR
REPLACEMENT OF DOCKING FACILITIES OR ASSOCIATED APPURTENANCES, INCLUDING
VESSELS DAMAGED AS A RESULT OF THE OPERATION OF ITS WATER CONTROL STRUCTURES,
WATER LEVEL FLUCTUATIONS OR FLOWS.
3. THE DOCKING FACILITIES, INCLUDING ASSOCIATED MOORING FACILITIES AND VESSELS
MOORED THERETO MUST NOT EXTEND MORE THAN 25% OF THE ENTIRE WIDTH OF THE CANAL.
(AS MEASURED FROM EITHER MEAN HIGH WATER OR BULKHEAD LINE, WHICHEVER APPLIES).
4. SLIP CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE SPECIAL CONDITIONS OF DISTRICT
ENVIRONMENTAL RESOURCE PERMIT NUMBER 06-032-6-P FOR THIS PROJECT.
5. THE PERMITTEE SHALL CONSTRUCT/MAINTAIN THE DOCKING FACILITIES WITH A LOW MEMBER
ELEVATION OF (+)4.9' NGVD/MSL OR HIGHER. (THE LOW MEMBER ELEVATION IS THE ELEVATION
OF THE LOWEST MEMBER OF THE DOCK STRUCTURE OR CONNECTING WALKWAY THAT IS
PERPENDICULAR TO THE FLOW OF WATER).
6. DOCKS ARE FOR THE USE OF THE RESIDENTS ONLY; THE PERMITTEE SHALL NOT SELL, RENT
OR LEASE DOCK SPACE TO THE GENERAL PUBLIC.
7. THE PERMITTEE SHALL NOT USE ANY PORTION OF THE DOCKING FACILITY OR ASSOCIATED
APPURTENANCES EITHER FOR A TEMPORARY OR PERMANENT PLACE OF RESIDENCE NOR
MOOR HOUSEBOATS OR OTHER VESSELS BEING USED EITHER FOR A TEMPORARY OR
PERMANENT PLACE OF RESIDENCE.
8. DOCK STORAGE LOCKER OR BOX CONTENTS IS LIMITED TO FISHING OR BOAT-RELATED
EQUIPMENT SUCH AS FLOATATION DEVICES, ROPE AND LINE, FIRST AID ARTICLES AND FIRE
EXTINGUISHERS, STORAGE OF PESTICIDES, FUEL OILS, OR OTHER PETROLEUM PRODUCTS,
INCLUDING PAINTS, THINNERS AND SOLVENTS IS NOT AUTHORIZED. IF FOUND TO BE ON-SITE
DURING INSPECTIONS, THE PRESENCE OF SUCH ITEMS WILL BE GROUNDS FOR PERMIT
REVOCATION.
9. THE PERMITTEE IS RESPONSIBLE FOR THE REMOVAL OF ALL CONSTRUCTION MATERIALS AND
DEBRIS FROM THE DISTRICT'S CANAL AND RIGHT OF WAY AND FOR THE REPAIR, REPLACEMENT
AND RESTORATION OF ANY SECTIONS OF THE DISTRICT'S RIGHT OF WAY DAMAGED OR
DISTURBED RESULTING FROM THE AUTHORIZED ACTIVITY.
AOL
PERMIT NUMBER 12028
FEBRUARY 13, 2003
CONTINUED SPECIAL CONDITIONS ARE AS FOLLOWS:
10. THE PERMITTEE IS PUT ON NOTICE THAT THE DISTRICT HAS NO CONTROL OVER THE SALE OR
TRANSFER OF REAL OR PERSONAL PROPERTY. THEREFORE, IT IS THE SOLE OBLIGATION OF A
PERMITTEE TO DISCLOSE THE EXISTENCE OF A RIGHT OF WAY OCCUPANCY PERMIT, ITS TERMS
AND CONDITIONS TO PROSPECTIVE PURCHASERS. UPON CONVEYANCE OF THE PROPERTY,
THE NEW OWNER OR HOMEOWNERS ASSOCIATION MUST SUBMIT A WRITTEN REQUEST THAT
THE DISTRICT TRANSFER THE PERMIT INTO HIS/HER/ITS NAME(S).
11. THE PERMITTEE SHALL HAVE A COPY OF THIS PERMIT AVAILABLE ON-SITE DURING
INSTALLATION.
12. WITHIN THIRTY (30) DAYS UPON COMPLETION OF INSTALLATION OF THE BURIED UTILITY
SERVICE, THE PERMITTEE SHALL PROVIDE AS-BUILT CERTIFICATION FROM A FLORIDA
PROFESSIONAL ENGINEER OR ARCHITECT OR SUPPORTED BY A FLORIDA LICENSED
ELECTRICAL CONTRACTOR OR PLUMBING CONTRACTOR'S CERTIFICATION THAT THE
AUTHORIZED UTILITY SERVICE WAS CONSTRUCTED IN ACCORDANCE WITH THE DESIGN
PERMITTED BY THE DISTRICT. SIN LIEU OF A FLORIDA LICENSED ENGINEER, ARCHITECT,
ELECTRICAUPLUMBING CONTRACTOR'S CERTIFICATION, THE PERMITTEE MAY PROVIDE
VERIFICATION IN THE FORM OF FINAL APPROVAL FROM THE LOCAL BUILDING DEPARTMENT
WHICH CONFIRMS THAT THE INSTALLATION MEETS THE LOCAL BUILDING CODE
REQU!REMENTSI.
13. THE WATER SUPPLY LINE, VALVES AND APPURTENANCES MUST NOT LEAK OR OTHERWISE
WASTE WATER.
14. ALL LIGHTS MUST BE OF A SHIELDED, CUT-OFF DESIGN THAT MINIMIZES LIGHT POLLUTION TO
THE SURROUNDING AREAS.
15. IMMEDIATELY UPON COMPLETION OF THE AUTHORIZED WORK, THE PERMITTEE IS REQUIRED
TO CONTACT THE DISTRICT'S FIELD REPRESENTATIVE LISTED ON THE FACE OF THE PERMIT, SO
THAT A FINAL INSPECTION MAY BE SCHEDULED.
END.
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