Ordinance 18-2015 Beaches, Boats, Bulkheads and Waterways ORDINANCE NO. 18-2015
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN CODE OF ORDINANCE AT
CHAPTER 62, MARINE STRUCTURES; ARTICLE ll,
BULKHEADS, SEAWALLS AND GROINS ON ATLANTIC
OCEAN, AT SECTIONS 62-36, 62-37 AND 62-38; AND
AMENDING ARTICLE III, BULKHEAD AND PIERHEADS
ON LAKE WORTH, SECTION 62-72; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM
BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 62, Marine Structures; Article II, Bulkheads, Seawalls and Groins
on Atlantic Ocean; at Sections 62-36, 62-37 and 62-38 to read as follows:
CHAPTER 62 MARINE STRUCTURES
ARTICLE II.
BULKHEADS, SEAWALLS AND GROINS ON ATLANTIC OCEAN
"Sec. 62-36. - Plat adopted; custody.
(a) Adopted by reference. Subject to the provisions of section
62-1, that certain plat entitled "Official Bulkhead and Groin Plat of the
Town of Palm Beach, Florida," prepared under the supervision of the
officials of the town, consisting of 13 sheets in one volume, and each
sheet bearing the signature of the members of the town council, the town
clerk and the mayor, together with all addenda, monuments and markings
appearing thereon, is hereby made a part of this article in the same
manner and to the same effect as if herein contained at length in full.
(b) Location and custody. The plat referred to in subsection (a) of this section
shall remain in the custody of the town clerk at all times. It shall, during the office
hours of the town clerk, be open to inspection and examination by any person
interested. The plat may be viewed in electronic format on the Town's website at
hftp://www.townofpaimbeach.com.
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Sec. 62-37. - Bulkheads, groins to accord with plat; variances.
All bulkheads shall be erected along the Official Ocean Bulkhead
and Groin Plat of the Town of Palm Beach, Florida, except where the
proposed bulkhead is to be located landward of the bulkhead line or
except where the proposed bulkhead is no further than twelve inches
seaward of the existing bulkhead. In cases where the proposed bulkhead
is further than twelve inches seaward of the existing bulkhead, a variance
shall be required pursuant to section 134-201. In such case, application
shall be made to the Town Council setting forth the reason and
justification, based on the variance criteria identified in section 134-201,
why a variance should be granted; and, in such case, the determination of
the Town Council shall be final."
Section 2. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 62, Marine Structures; Article 111, Bulkheads and Pierheads on
Lake Worth; at Section 62-72 to read as follows:
CHAPTER 62 MARINE STRUCTURES
ARTICLE 111.
BULKHEADS AND PIERHEADS ON LAKE WORTH
"Sec. 62-72. -Custody and control of plats, sketch.
The plats referred to in section 62-71 shall remain in the custody
and control of the town clerk at all times; they shall, during the office hours
of the town clerk, be open to inspection and examination of any person
interested but shall not be removed from such office. The plat may be
viewed in electronic format on the Town's website at
hftr)://www.townofDaimbeach.com."
Section 3. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can
be given effect without the invalid provisions or applications, and to this end the
provisions of this Ordinance are hereby declared severable.
Ordinance No. 18-2015 Page 2 of 3
Section 4. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Palm Beach, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Section 5. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Palm Beach.
Section 6. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of
the Town of Palm Beach on first reading this 9th day of June, 2015, and for second and
final reading on this 14th day of July, 2015.
L Y ,��7 ,,
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11i L. corWglio,YolayoEf el",J. Pucillo, 6wn Council President
Ric and M. Kleid, Council President Pro Tern
Ile H. M e, Tow Council M ber
AT-TCST. Penelope D. Townsend, Town Council Member
"san A. Owens,VMC, Town Clerk Robert'N. Wildrick, Town Council Member
Ordinance No. 18-2015 Page 3 of 3