HomeMy WebLinkAboutO-2021-027 Amending Ch. 12 and Text Amendment (TX-051-21) Creating Article XVII and Section 240-30 Entitled SeawallsORDINANCE NO. 2021-027
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 12 OF THE CITY CODE,
ENTITLED "FLOOD DAMAGE PREVENTION", BY CREATING ARTICLE
XVII ENTITLED "SEAWALLS", ADOPTING THE REQUIRED STANDARDS
FOR SEAWALL HEIGHT AS MANDATED BY BROWARD COUNTY AND
BY AMENDING CHAPTER 28 OF THE CITY CODE, ENTITLED "LAND
DEVELOPMENT CODE", ARTICLE 240, ENTITLED "DOCKS AND
MOORING STRUCTURES" TO ADD SECTION 240-30, ENTITLED
"SEAWALLS" TO REFERENCE THE REQUIRED STANDARDS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Broward County Board of Commissioners adopted new Regional
Standards on January 7, 2020, as a part of the land use plan Policy 2.21.7 which applies to all
tidally influenced properties within Broward County; and
WHEREAS, the new regulations govern top elevations for seawalls, banks and berms, and
other appurtenant infrastructure (e.g., boat ramps) consistent with the findings and
recommendations of the United States Army Corps of Engineers/Broward County Flood Risk
Management Study for Tidally Influenced Coastal Areas.; and
WHEREAS, in order to ensure coordination, consistency and maximum effectiveness of
improvements necessary to mitigate high tide flooding associated with sea level rise, local
governments are required to adopt a local ordinance implementing the regional standard by
February 13, 2022; and
WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency,
held a duly advertised public hearing on August 11, 2021 and recommended approval of the
amendment; and
WHEREAS, the City Commission finds that the approval of the amendment will bring the
City of Dania Beach into conformity with Broward County mandated code requirements; and
WHEREAS, the City Commission conducted two (2) duly noticed public hearings in
accordance with law; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the preceding "WHEREAS" clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2. That Chapter 12 of the City Code, entitled "FLOOD DAMAGE
PREVENTION" be amended to add ARTICLE XVII, entitled SEAWALLS to read as follows:
ARTICLE XVII. - SEAWALLS
Sec. 12-84. Purpose and intent.
The pLuMose of this article is to establish a consistent minimum elevation for tidal flood barriers
that will:
(a) Provide a standard for flood mitigation infrastructure that serves as a barrier to tidal flooding,
not seepage, by accounting for water levels predicted under combined conditions of sea level
rise, high tides, and high frequency storm surge through the year 2070, and
(b) Ensure new shoreline structures and m4jor shoreline improvements are designed for use as
tidal flood barriers through qpplication of consistent standards that account for future predicted
tidal flood conditions and coastal water levels associated with sea level rise in accordance with
current regional sea level rise projections, as Lipdated and adopted by the Broward CojjM
Board of CojM Commissioners.
Sec. 12-85. Applicability.
This article gpplies to all new tidal flood barriers, substantial repair or substantial rehabilitation to
shorelines and shoreline structures, and the installation of gny fixed infrastructure attached to tidal
flood barriers (such as mooring structures). This article is not gpplicable to oceanfront beaches or
shorelines seaward of the Coastal Construction Control Line.
See. 12-86. Definitions.
For the purposes of this article, the following tenns, phrases, words, and their derivation shall have
the meanings given herein, except when the context clearly indicates a different meaning. In the
inteEpretation and qpplication of this article, the definitions provided for herein shall control over
definitions that mgy be included in other documents or manuals, including, but not limited to, the
Florida Building Code. Words used in the present tense include the future tense, words in the plural
number include the singular number, and words in the singular number include the plural number.
The word "shall" is mandatory and the word "mgy" is pennissive.
Bank means the level space separating a waterMLay from an inland area, often elevated and
constructed of compacted soil.
Benn means an earthen mound designed with impermeabilily to resist the flow of tidal waters
through it to an adjacent propelly or public right-of-wgy.
Green -grey infrastructure or green -grey materials means a combination of engineered and natural
features that provide enviromnental qualities and ecosystem value.
ORDINANCE #2021-027
Mooring structure means a boat dock, slip, davit, hoist, lift, floating vessel platform, mooring p Lle,
or similar structure attached to land or to a seawall, to which a vessel can be moored.
North American Vertical Datum (NAVD88) means the vertical control for datum of orthometric
height established for vertical control surveying in the United States of America based Lipon the
General Adjustment of the North American Datum of 1988.
Public nuisance means a condition injurious to the public health or safely of the communfty o
neighborhood, or injurious to qny considerable number of persons, or a condition that obstructs
the free passage or use, in the customga manner, of ggy public right-of-wqy.
Rip-rqp means a foundation of unconsolidated boulders, stone, rubble, concrete without protruding
rebar, or similar materials placed on or near a shoreline to mitigate wave impacts and prevent
erosion.
Seawall means a vertical or near vertical (often interlocking) structure placed between an gpland
area and a waterwgy or waterbody for erosion control.
Seawall cqp means a concrete box structure (usually reinforced) that connects seawall panels, piles,
and anchoring system (if present) together at the top.
Shoreline means a tidally influenced area where land meets water.
Substantial repair or substantial rehabilitation means:
(a) AU modification to the shoreline or a shoreline structure along more than fifty percent
(50%) of the length of the prope]:Iy's shoreline; o
(b) Aqy modification, alteration, or installation of an qppurtenant structure (such as a mooring
structure) that exceeds fift percent (50%) of the cost of a tidal flood barrier along the propeM's
shoreline.
Tidal flood barrier means M structure or shoreline feature including, but not limited to, banks,
berms, green-grgy infrastructure, seawalls, seawall cqps, gpland stem walls, or other infrastructure
that impedes tidal waters from flowing onto adjacent propegy or public right-of-�Y�a and located
within or along a tidally influenced area. This definition is not meant to include rip-rqp, derelict
erosion control structures, or penneable earthen mounds that do not provide an impermeable water
barrier to tidal flooding,
Tidally influenced area means the real propegy adjacent to, or affected by, a waterwgy with water
level changes in response to the daily tide.
See. 12-87. Minimum elevations for coastal infrastructure within tidally influenced areas.
(a) All new or substantially repaired or substantially rehabilitated banks, benns, green -grey
infrastructure, seawalls, seawall cgps, ppland stem walls, or other similar infrastructure shall be
ORDINANCE #2021-027
designed and constructed to perform as tidal flood barriers. Tidal flood baffiers shall have a
minimum elevation of five (5) feet NAVQ88. Applications for new or substantially repaired or
substantially rehabilitated tidal flood barriers submitted prior to JanuM 1, 203 5, mqy be permitted
a minimum elevation of four (4) feet NAVQ88, if designed and constructed to accommodate a
minimum elevation of five (5) feet NAVD88 by JanuM 1, 2050.
(b) All propegy owners must maintain a tidal flood barrier in good repair. A tidal flood barrier is
presumed to be in disrepair if it allows tidal waters to flow unimpeded through or over the barrier
and onto adjacent propegy or public right-of-w!qy. Failure to maintain a tidal flood barrier in good
repair shall be a citable offense. The owner of the tidal flood barrier shall demonstrate progress
towards repairing the cited defect within si2;Lty (60) dUs after receiving a citation and shall
complete repairs within three hundred si2qy-five (365) dqys after receipt of the citation. If the
required repair or rehabilitation meets the substantial repair or substantial rehabilitation threshold,
no later than three hundred siNty-five (365) dqys after receipt of the citation, the propelly owner
shall design, obtain permits, cause to be constructed, and obtain final inspection qpproval of
seawall improvements that meet the minimum elevation and design requirements.
(c) Tidal flood barriers below a minimum five (5) feet NAVD88 elevation shall be i!nproved,
designed, and constructed so as to prevent tidal waters from iqlpacting adjacent propegy or public
right-of-wqy. Causing, suffering, or allowing the trespass of tidal waters onto adjacent prope!ly or
public right-of-�y�a is hereby declared a public nuisance and a citable offense requiring abatement.
The owner shall demonstrate progress toward addressing the cited concem within sixV (60) dqys
after receipt of the citation and coMplete the construction of an qpproved remedy no later than
three hundred siy.V-five (365) dqys after receipt of the citation.
(d) Tidal flood barriers shall be designed and constructed to prevent tidal waters from flowing
through the barrier, while still allowing for the release of Lipland hydrostatic pressure.
(e) To the extent practicable, tidal flood barriers shall be designed and constructed to adjoin
immediately proximate tidal flood barriers to close ggps and prevent trespass of tidal water.
(f) All tidal flood barriers undergoing substantial repair or substantial rehabilitation shall be
constructed along the propet1y's entire shoreline.
(g) All tidal flood barriers shall be constructed with natural limerock rip -rap, or other qpprove
habitat enhancement, at the waterward face of the structure.
Lh) Propegy owners are encouraged to consider qpproaches and materials that enhance the
biological value of traditional (flat surface) seawalls and flood barriers with the incoEporation of
living shoreline features, use of hybrid green -grey materials, and the use of biological fonns, where
practicable.
(i) This section shall not be construed to require the installation of a seawall where other flood
protection measures serve as an equally effective tidal flood barrier.
ORDINANCE #2021-027
(j) Tidal flood barriers cgpable of automatically being elevated in advance of high tides to prevent
tidal flooding are permissible, provided that automation cannot require daily human intervention.
Sec. 12-88. Required disclosure in contracts for sale of real estate.
In gny contract for the sale of real estate located in tidally influenced areas of Broward CoLm
executed after December 31, 2020, the seller shall include in the contract or a rider to the contract
the following disclosure in not less than fourteen -point, cqpitalized, bold-faced lype:
THIS REAL ESTATE IS LOCATED IN A TIDALLY INFLUENCED AREA. THE
OWNER MAY BE REQUIRED BY COUNTY OR MUNICIPAL ORDINANCE TO
MEET MINIMUM TIDAL FLOOD BARRIER ELEVATION STANDARDS
DURING CONSTRUCTION OR SUBSTANTIAL REPAIR OR SUBSTANTIAL
REHABILITATION OF SEAWALLS, BANKS, BERMS, AND SIMILAR
INFRASTRUCTURE OR WHEN REQUIRED TO ABATE NUISANCE
FLOODING.
Section 3. That Chapter 28 of the City Code, entitled "Land Development Code",
Article 240, entitled "Docks and Mooring Structures" be amended to add Section 240-30, entitled
"Seawalls" to read as follows:
ARTICLE 240. - DOCKS AND MOORING STRUCTURES
240-30. — Seawalls
Tidal flood barriers shall have a minimum elevation of five (5) feet NAVD88. Applications for
new or substantially repaired or substantially rehabilitated tidal flood barriers submitted prior to
Januga 1, 2035, mgy be permitted a minimum elevation of four (4) feet NAVD88, if designe
and constructed to accommodate a minimum elevation of five (5) feet NAVD88 by Januga 1,
2050. See Chgpter 12, ARTICLE XVII, regulating seawalls.
Section 4. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 5. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to the extent of such conflict.
Section 6. That this Ordinance shall be effective immediately upon its passage and
adoption on second reading.
ORMNANCE #2021-027
PASSED on first reading on October 12, 2021.
PASSED AND ADOPTED on second reading on October 26, 202 1.
ATTEST:
THOMAS SCHNEIDER, CMC
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
TI-16i�, Y. INN S b R
CITY ATTO EY
6 ORDINANCE #2021-027