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2023.03.09_PB_Agenda_Regular Town of Highland Beach Notice of Public Meeting Protocol The Town of Highland Beach is committed to serving the needs of the public while also working to ensure the safety and health of the town’s staff, the community, and visitors alike. That said, as an added layer of protection for the safety of all attending meetings in the Commission Chambers, the wearing of facial coverings or masks is required. Also, until further notice, Social distancing requirements and in-person meeting capacity limits remain in place. For those interested, Zoom Video Communications and telephone participation are offered. The following information is guidance for preregistration for Zoom or telephone participation, and for viewing and providing public comments at the meeting: ZOOM PARTICIPATION: Online or Telephone Access – Access to the meeting will begin on the date and time of the meeting.  To Join Meeting: All interested persons must preregister to participate by contacting Town Clerk Lanelda Gaskins at publiccomments@highlandbeach.us or by calling (561) 278-4548 no later than one (1) business day prior to the meeting date (e.g. by 4:30 P.M. on a Monday if the meeting is scheduled for that Tuesday; and by 4:30 P.M.).  Meeting access information and instructions will be provided to those persons two hours prior to the meeting.  The video camera display feature will only be enabled for Public Hearing Quasi-Judicial matters and during public comments only. The video camera display feature will be disabled for public use. For additional information on using Zoom, please visit Zoom Support by clicking on the following link: https://support.zoom.us/hc/en-us. Viewing Only - To view the meeting, preregistration is not required. The public can view the meeting on the following:  Highland Beach TV Channel 99 online streaming on the Town’s website and via Highland Beach YouTube at https://www.youtube.com/channel/UCTAGr8WCa44Y3Q2Bb6UN2mw. PROVIDING PUBLIC COMMENT: Persons desiring to provide public comments must do so by one of the methods listed below. Public comments will be limited to five minutes (three minutes for special Commission meeting items only) per person during the designated section of the agenda. If an interested person desires to provide a written public comment, all comments must be directed to Lanelda Gaskins, Town Clerk as follows: TO SEND COMMENTS IN ADVANCE VIA EMAIL: Page 1 Agenda – Planning Board Regular Meeting Thursday, March 09, 2023, 9:30 AM Page 2 of 4  To submit public comments, click on the link https://mmportal6.teammunicode.com// to go to the Agendas and Meeting webpage. At the top of the page click on “Public Comments” to submit your comments, or  Submit your comments to publiccomments@highlandbeach.us.  The Town will receive such public comments no later than two (2) hours prior to the meeting. If timely received, Town staff will read the public comment at the meeting.  Live Zoom Video Participation - If attending via Zoom online, please follow Zoom instructions above. Once the meeting gets to the applicable public comment period, the host of the meeting will allow public participants (audio only) into the meeting from the waiting room, to provide live public comments.  Live Zoom Telephone Participation - If attending via Zoom by telephone, please follow the instructions above. Once the meeting gets to the appropriate public comment period, the host of the meeting will allow public participants into the meeting from the waiting room, to provide live public comments. Should you have any questions, please feel free to contact the Town Clerk’s Office at (561) 278-4548. Published: 05.26.2021 / Updated 04.15.2022 Page 2 Agenda – Planning Board Regular Meeting Thursday, March 09, 2023, 9:30 AM Page 3 of 4 AGENDA PLANNING BOARD REGULAR MEETING Thursday, March 09, 2023 At 9:30 AM TOWN OF HIGHLAND BEACH, FLORIDA 3614 S. OCEAN BOULEVARD HIGHLAND BEACH, FL 33487 Telephone: (561) 278-4548 Website: www.highlandbeach.us TOWN HALL COMMISSION CHAMBERS 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF THE AGENDA 5. SWEARING IN OF THE PUBLIC 6. PUBLIC COMMENT (limited to five (5) minutes per speaker) 7. APPROVAL OF MINUTES A. February 09, 2023 8. UNFINISHED BUSINESS None. 9. NEW BUSINESS A. Nomination of Chairperson and Vice Chairperson for a one year term. B. Proposed amendment to the Town Code of Ordinances to incorporate sea turtle protection lighting standards. C. Development Application No. 22-0010 / Leonard Zelin Page 3 Agenda – Planning Board Regular Meeting Thursday, March 09, 2023, 9:30 AM Page 4 of 4 Application By Akbar Mondal Nunez, Boat Lifts & Docks of South Florida, for a special exception approval to install a 13,000-pound capacity boat lift for the property located at 4216 Intracoastal Drive. D. Discussion of proposed changes (“amendment concepts”) to the Accessory Marine Facility and seawall regulations of the Town Code 10. ANNOUNCEMENTS March 13, 2023 6:00 P.M. FDOT Public Meeting March 14, 2023 7:00 A.M. – 7:00 P.M Highland Beach General Election March 15, 2023 1:00 P.M. Code Enforcement Board Regular Meeting March 21, 2023 1:30 P.M. Town Commission Special Meeting April 4, 2023 1:30 P.M. Town Commission Meeting April 11, 2023 1:00 P.M. Code Enforcement Board Regular Meeting April 13, 2023 9:30 A.M. Planning Board Regular Meeting 11. ADJOURNMENT Any person that decides to appeal any decision made by the Planning Board with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record including testimony and evidence upon which the appeal is based. (State Law requires the above Notice. Any person desiring a verbatim transcript shall have the responsibility, at his/her own cost, to arrange for the transcript.) The Town neither provides nor prepares such records. There may be one or more Town Commissioners attending the meeting. In accordance with the Americans with Disabilities Act (ADA), persons who need accommodation in order to attend or participate in this meeting should contact Town Hall at (561) 278-4548 within a reasonable time prior to this meeting in order to request such assistance. Page 4 File Attachments for Item: A. February 09, 2023 Page 5 TOWN OF HIGHLAND BEACH PLANNING BOARD REGULAR MEETING MINUTES Town Hall / Commission Chambers Date: February 09, 2023 3614 South Ocean Boulevard Highland Beach, Florida 33487 Time: 9:30 AM 1. CALL TO ORDER Chairperson Goldenberg called the meeting to order at 9:30 A.M. 2. ROLL CALL Member Brian DeMoss Member David Powell Member Jason Chudnofsky Member Roger Brown Member Harry Adwar Vice Chairperson Mendelson Chairperson Eric Goldenberg Town Attorney Leonard Rubin Administrative Support Specialist Ganelle Thompson ADDITIONAL STAFF PRESENT Town Planner Ingrid Allen 3. PLEDGE OF ALLEGIANCE The Board Members led the Pledge of Allegiance to the United States of America. 4. APPROVAL OF THE AGENDA MOTION: Adwar/Demoss- Moved to approve the agenda as presented, which passed unanimously 7 to 0. 5. SWEARING IN OF THE PUBLIC Ms. Thompson swore in those giving testimony. 6. PUBLIC COMMENT There were no public comments. Page 6 Planning Board Regular Meeting Minutes Date: February 09, 2023 Page 2 of 5 7. APPROVAL OF MINUTES A. January 12, 2023 MOTION: Adwar/Mendelson - Moved to approve the January 12, 2023 Minutes, which passed unanimously 7 to 0. 8. UNFINISHED BUSINESS There was no unfinished business. 9. NEW BUSINESS A. Development Application No. 22-0016 / Nancy F. Politzer Application By Akbar Mondal Nunez, Boat Lifts & Docks Of South Florida, for a special exception approval to install a 10,000-pound capacity boat lift in slip no. 22 for a property located at 4018 South Ocean Boulevard. Chairperson Goldenberg read the title of Item 9.A. and asked the Board members if they had any ex parte communications to disclose. David Powell stated that he has discussed this case with the applicant and that he is a member of the HOA Board that approved the installation of the boat lift. Chairperson Goldenberg opened the public hearing and called Town Planner Allen to present her recommendations regarding the application. Town Planner Allen presented a PowerPoint Presentation of the Development Order depicting aerial photographs of the property with the existing dock, survey, and dock details. She advised that the applicant received authorization from the Florida Department of Environmental Protection (FDEP) and the US Army Corps of Engineers (ACOE) for the proposed dock. Staff is recommending approval to install a 10,000-pound capacity boat lift in slip no. 22 for a property located at 4018 South Ocean Boulevard. The applicant will be required to obtain a building permit from the Town of Highland Beach Building Departmen t. Pursuant to Section 30-21(g) of the Town Code, the commencement of construction shall be initiated within two (2) years following the date of approval by the Planning Board. The public hearing was closed followed by a motion. MOTION: Adwar/Powell - Moved to approve (Development Order No. 22 - 0016). Based upon roll call: Member Adwar (Yes), Member Powell (Yes), Member DeMoss (Yes), Member Brown (Yes), Member Chudnofsky (Yes), Vice Chairperson Mendelson (Yes), and Chairperson Goldenberg (Yes). The motion passed on a 7 to 0 vote. Page 7 Planning Board Regular Meeting Minutes Date: February 09, 2023 Page 3 of 5 B. Discussion on zoning district density review Chairperson Goldenberg read the title of Item 9.B. into the record. Town Planner Allen explained that at the October 18, 2022 , Town Commission meeting, the Commission considered an introduction to a zoning district density review initiative. She noted that the attached October 18, 2022 , Commission memorandum provides an introductory review and analysis of this initiative. The consensus from the Commission was to have the Planning Board consider what approaches to take in processing and analyzing this initiative. She further explained the density calculation. She went on to explain the Code of Ordinance Pursuant to Section 30 -105(a) of the Town Code, and explained the inconsistencies such as: if a lawful structure exists that could not be built in the zoning district within which it is located by reason of changes or restrictions to minimum lot area, maximum lot coverage, building height, required yards and setbacks, location on the lot or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the provisions listed below: She advised the board to consider their options on how they want to discuss this topic. She mentioned Section 30-43(d)(4) e. of the Town Code states the following: A change in the zoning classification of land shall not be considered which involves less than forty thousand (40,000) square feet of land area and two hundred (200) feet of street frontage. This limitation shall not apply to a request to extend the boundary of an existing zoning district, or unless otherwise provided for herein. She mentioned that the Town Commission wanted the Board to consider the following as it pertained to the proposed zoning district density: -The need for sufficient residential input. -Retaining the current character of the Town. -Ensuring that it does not lose the value of the property (i.e., if a property currently has 3 units, the property owner should be able to rebuild those 3 units). -Consider the Town not as a “whole” but as zones, districts, or neighborhoods (i.e., the needs of Russell Drive may be different from those of Bel Air Drive). -Consider there is currently no incentive to replace existing structures. -Consider the “lot coverage” requirement for Single-family zoning districts. The Board wanted more public input. They want to advertise and hold a public hearing where members of the community ca n provide their opinions and they Page 8 Planning Board Regular Meeting Minutes Date: February 09, 2023 Page 4 of 5 want to find a balance on how to present this to the public. The y proposed structuring the meetings in a way that pulls input from the public and holds another. Ms. Thompson swore in Mark Rothenberg. Mr. Rothenberg provided comments about the zoning density restrictions and his intent on rebuilding the current structure and retaining the same number of units that is currently there. The Board mentioned holding two of the meetings that would discuss the proposed zoning district density, one in March and another in April, and possibly holding a meeting in the evening for public participation. The Board also asked for Town Planner Allen to look into available night-time meeting dates starting from March 13, 2023. MOTION: Mendelson/Demoss- Moved that the planning board shall conduct two Planning Board meetings with a public hearing component to discuss possible revisions to the code, including but not limited to changes in the zoning district density and changing grandfathered nonconforming uses. The planning board meetings will be held at the regularly scheduled April 13, 2023 planning board and a special planning board evening meeting to be determined in March 2023. Staff will prepare a notice inviting the public as soon as th e March evening meeting is scheduled. The motion passed unanimously 7 to 0. 10. ANNOUNCEMENTS Chairperson Goldenberg read the announcements into the record as follows: February 14, 2023 1:00 P.M. Code Enforcement Board Regular Meeting February 20, 2023 Town Hall closed in observance of Presidents Day February 21, 2023 1:30 P.M. Town Commission Meeting March 09, 2023 9:30 A.M. Planning Board Regular Meeting Page 9 Planning Board Regular Meeting Minutes Date: February 09, 2023 Page 5 of 5 11. ADJOURNMENT The meeting adjourned at 10:40 A.M. MOTION: Adwar/ Demoss - Moved to adjourn the meeting, which passed unanimously 7 to 0. APPROVED on March 09, 2023, Planning Board Regular Meeting. _________________________________ Eric Goldenberg, Chairperson ATTEST: Transcribed by: Ganelle Thompson ____________________________________ _____________________________ Lindsay Winters, Date Administrative Support Specialist Disclaimer: Effective May 19, 2020, per Resolution No. 20 -008, all meeting minutes are transcribed as a brief summary reflecting the event of this meeting. Verbatim audio/video recordings are permanent records and are available on the Town’s Media Archives & Minutes webpage: https://highlandbeach-fl.municodemeetings.com/. Page 10 File Attachments for Item: A. Nomination of Chairperson and Vice Chairperson for a one year term. Page 11 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Planning Board Regular Meeting MEETING DATE 03/09/23 SUBMITTED BY: Jaclyn DeHart, Administrative Support Specialist SUBJECT: Nomination of Chairperson and Vice Chairperson SUMMARY: On November 10, 2021, Mr. Eric Goldenberg and Ms. Ilyne Mendelson were nominated as the Chairperson and Vice Chairperson of the Planning Board; both have served in the positions for the allotted one-year terms. Therefore, this matter is being brought before the Board for discussion and nomination to fill both vacant positions for one-year terms, ending March 09, 2024. According to Resolution No. 19-029 R, - Advisory Board and Committees Appointment Process Policy, Section 9, it should be common practice that no member shall serve as chair until he or she has served for one full year on the advisory board unless no existing member is willing to serve as chairperson or vice chairperson. FISCAL IMPACT: None. ATTACHMENTS: Resolution No. 19-029 R RECOMMENDATION: Staff recommends nomination of a Chairperson and a Vice Chairperson to serve for one year, ending March 09, 2024. Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 TOWN OF HIGHLAND BEACH Town Commissioners Advisory Board Members Contact Information Names Addresses Home Numbers Cellular Numbers Email Addresses Date of Appointment Eric Goldenberg, Chairperson 3912 S. Ocean Blvd. Apt. #1102 Sub Div: Regency Highland 610-613-2420 None gldnbrg@gmail.com 6/4/2019 (Appointed) (5/17/2022) (Reappointed) Harry Adwar 4740 S. Ocean Blvd. Apt. #PH11 Sub Div: Braemar Isle at Boca Highland Beach None 516-606-3517 Hadwar@msn.com 5/4/2021 Brian DeMoss 4740 S. Ocean Blvd. Apt. #715 Sub Div: Braemar Isle at Boca Highland Beach 561-465-5251 5612-221-5571 golfdemoss@aol.com 6/4/2019 (Appointed) 5/17/2022 (Reappointed) Ilyne Mendelson Vice Chairperson 3740 S. Ocean Blvd. Apt. #1210 Sub Div: Toscano South 561-276-7353 561-251-4465 msirm1@gmail.com 9/1/2020 Roger Brown 4314 Tranquility Drive Sub Div: Bel Lido None 561-302-6086 Rbrown4314@gmail.com 11/15/20202 David Powell 4008 S Ocean Blvd Sub Div: Ocean Cove None 847-532-5439 davidpowell60@gmail.com 9/21/2021 Jason Chudnofsky 3420 S Ocean Blvd Apt. #14R None 617-775-2300 jason@jasonchudnofsky.com 4/19/2022 (Appointed) PLANNING BOARD / Quasi-Judicial Board Regular Meetings - 2nd Thursdays - 9:30 AM (Monthly) Date Term End 9/21/2024 4/19/2025 11/15/2025 5/4/2024 6/4/2025 6/4/2025 9/30/2023 Page 6 of 6 Updated 2/24/2023 Page 19 File Attachments for Item: B. Proposed amendment to the Town Code of Ordinances to incorporate sea turtle protection lighting standards. Page 20 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Planning Board MEETING DATE March 9, 2023 SUBMITTED BY: Ingrid Allen, Town Planner, Building Department SUBJECT: Proposed amendment to the Town Code of Ordinances to incorporate sea turtle protection lighting standards. SUMMARY: On October 18, 2022, the Town Commission considered an introduction to a proposed amendment to the Town Code of Ordinances that would incorporate more comprehensive standards for sea turtle protection lighting (see attached Commission memorandum). A motion was made to send the proposed Ordinance to the NRPAB for review and to ask Gumbo Limbo, Florida Fish and Wildlife Conservation Commission (FWC), and the Town’s marine turtle permit holder to give their expert advice (motion carried 5-0). Note that the attached October 18, 2022 Commission memorandum provides an assessment of the current sea turtle lighting regulations found in the Town Code as well as Town Comprehensive Plan policies that are specific to the protection of sea turtles. In addition, the memorandum provides sea turtle data from FWC. A summary of the comments provided by FWC and Gumbo Limbo are provided below (see Attachment No. 1, 2 and 3 for complete comments including those from the Town’s marine turtle permit holder): FWC: - Add “footcandle” definition consistent with the State of Florida Model Lighting Ordinance for Sea Turtle Protection (added to proposed Ordinance via bolded double underline). - Provide a light transmittance of 15% to 30%. - For temporary construction lighting, add the following two (2) additional regulations under Section 4-8(k)(4): c. Turned off during nighttime in sea turtle nesting season, or if authorized during sea turtle nesting season, shall only be allowed from 6:00AM to 9:00PM, must be restricted to the minimal amount necessary, and shall incorporate the standards in this section, and d. Restricted to the minimal number of foot-candles necessary to conform to the applicable construction safety regulations. Page 21 Gumbo Limbo: - Revise definition of “beach” to reflect the “toe of the dune” rather than “permanent” vegetation. - Provide in Certified Wildlife Lighting definition where choices can be found. - For temporary lighting, include cell phone screens (added to proposed Ordinance via bolded double underline). - Provide a light transmittance of 15% or 15% for all windows within 100 feet of the toe of the dune and 45% for 100 feet beyond dune. - For proposed Existing Exterior and Interior Lighting (Sec. 4.8(j)(2)b.) include the removal of televisions away from windows (added to proposed Ordinance via bolded double underline). At the October 18, 2022 Town Commission meeting, the Commission’s discussion on the proposed Ordinance included adding examples of colors that pertain to the definition of “long wavelength.” The proposed Ordinance has been revised, via bolded double underline, to include such examples. Light Transmittance: According to the State of Florida Model Lighting Ordinance for Sea Turtle Protection (dated December 17, 2020) and the proposed Town ordinance, all glass windows, walls, railing and doors on the seaward side of any new construction shall use tinted glass with an inside to outside Light Transmittance Value (LTV) of 45 percent or less. As noted above, FWC suggests a LTV of 15 to 30% and Gumbo Limbo suggests a minimum LTV of 15 percent with some exceptions. Attachment No. 4 provides a chart to illustrate the various light transmittance percentages. The following table provides the current LTV adopted by those municipalities in Palm Beach County that have sea turtle lighting regulations (according to FWC): MUNICIPALITY LIGHT TRANSMITTANCE Boca Raton 45% or less Palm Beach County 45% or less Delray Beach* 45% or less Juno Beach* 45% or less Ocean Ridge* 45% or less * Municipalities that have adopted Palm Beach County’s Sea Turtle Protection Ordinance. Also attached to this memorandum is a 2021 lighting survey that was conducted in Highland Beach for a research project with Palm Beach County (Attachment No. 5). While the survey was considered informal, it did record those properties with non-compliant lighting based on the County Code. Natural Resources Preservation Advisory Board recommendation At the February 1, 2023 Natural Resources Preservation Advisory Board meeting, a motion to approve the proposed Ordinance with the following changes carried 4 -0: Page 22 Remove the word ‘televisions’ from Section 4-8(j)(2)b. and add the following text to Section 4-8(j)(2)c. Use opaque shades or room darkening window treatments (e.g., blinds, curtains, screens) to shield interior lights, light emitting screens including televisions and computers from the beach. FISCAL IMPACT: N/A ATTACHMENTS: Town Commission Memorandum – October 18, 2022. Proposed Ordinance. Attachment No. 1 - FWC comments on proposed Ordinance. Attachment No. 2 - Gumbo Limbo comments on proposed Ordinance . Attachment No. 3 - Highland Beach marine turtle Permit Holder comments. Attachment No. 4 – Light transmittance percentages chart. Attachment No. 5 - Lighting Survey for Highland Beach (2021) prepared by Palm Beach County, Department of Environmental Resources Management. RECOMMENDATION: At the discretion of the Board. Page 23 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE October 18, 2022 SUBMITTED BY: Ingrid Allen, Town Planner, Building Department SUBJECT: Introduction of proposed amendment to the Town Code of Ordinances to incorporate sea turtle protection lighting standards. SUMMARY: Section 30-85 of the Town Code of Ordinances (“Town Code”) requires that “[a]ll lighting of all structures east of SR A1A shall comply with the "sea turtle protection" lighting standards as adopted by the town.” Such lighting standards are currently found in Section 4-8, and are limited to the following provision: (c) Lighting restrictions along beach. No artificial light shall illuminate any area of the beach which may be used for turtle nesting and hatching during the period from March 1 to October 31 of each year, from dusk to dawn. Section 4-8 does not address the different types of artificial lighting sources (e.g. residential dwellings, parking areas, walking paths, fountains, pool areas, etc.) that may be visible from the beach including from structures west of State Road A1A nor does it provide specific types of lighting fixtures and sources that protect sea turtle populations. The Coastal Management/Conservation Element of the Town’s Comprehensive Plan provides the following policies specific to the protection of sea turtles: Objective 1.4 The Town will actively support protection and conservation of coastal natural resources including manatees, sea turtles, seagrass beds, and mangrove stands. The Town will have met this objective through the provision of education materials regarding the protection of the coastal natural resources within the community. Policy 1.4.1 The Town will coordinate with the appropriate agencies in order to ensure the protection of its coastal natural resources, including manatees, sea turtles, seagrass beds, and mangrove stands. Policy 1.4.2 The Town shall maintain and enforce provisions to protect its coastal natural resources, including manatees, sea turtles, seagrass beds, and mangrove stands, in its Code of Ordinances. Page 79 Page 24 Policy 3.3.3 The Town will include within its land development regulati ons provisions to require limitations on outside lighting so as to not attract sea turtle hatchlings away from the water during hatching season. In addition, the Town’s 2022 Strategic Priorities Plan includes a Sea Turtle Lighting Standards initiative as part of the “Ranked Projects & Initiatives List.” Therefore, in compliance with the Town Code, the Town Comprehensive Plan, and the Town’s 2022 Strategic Priorities Plan, staff is proposing an amendment to the Town Code to incorporate more comprehensive sea turtle protection lighting standards. The proposed Ordinance is based on the State of Florida Model Lighting Ordinance for Sea Turtle Protection (dated December 17, 2020) and includes the following provisions:  Purpose and intent  Definitions  Applicability  Lighting restrictions along beach  Standards for exterior and interior lighting affixed to new structures, new construction and improvements to existing structures.  Outdoor areas  Parking areas and roadways  Pool areas  Beach access points and dune walkovers  Existing exterior and interior lighting  Special events, motor vehicles and temporary lighting  Enforcement, penalty According to the Florida Fish and Wildlife Conservation Commission (FW C), within the last five (5) years, the Town has had more documented sea turtle nests than the Cities of Boca Raton and Delray Beach (see Attached Table 1). The following table provides the annual sea turtle nests totals for the Town from 2017-2022: Year County Beach Loggerhead Nest Green Turtle Nest Leatherback Nest % of County nests (all species combined) 2017 Palm Beach Highland Beach 1,182 644 3 4.61 2018 Palm Beach Highland Beach 902 46 7 3.61 2019 Palm Beach Highland Beach 904 447 6 3.25 2020 Palm Beach Highland Beach 1,002 281 11 3.58 2021 Palm Beach Highland Beach 814 284 6 3.33 Survey Boundary Description Length (km) 649m South of Del Harbor Drive (26.43212, -80.06168) to 8 km North of Palm Beach/Broward County Line (26.39106, -80.06613) 4.8 Data Source: FWC/FWRI Statewide Nesting Beach Survey Program Database as of March 22, 2022 Page 80 Page 25 According to the FWC, both the Leatherback and Green sea turtles are endangered while the Loggerhead is threatened. Threats to each of these three (3) sea turtle species includes coastal development which “…increases artificial lighting which can be detrimental to hatchlings causing them to migrate towards the light instead of the ocean.”1 As part of the Commission’s introductory review of this item, it is worthwhile to note that pursuant to Section 2-140(c) of the Town Code, the Natural Resources Preservation Advisory Board (“Board”) has the power and duty to “[r]eview existing and proposed town ordinances which affect the environment, and advise the town commission regarding the need for modifications or changes to such ordinances.” Therefore, staff recommends that if the Commission should desire to move forward with the proposed Ordinance, that it be reviewed by the Board. FISCAL IMPACT: N/A ATTACHMENTS: Proposed Ordinance Table 1 – Sea Turtle Data provided by FWC Ordinance Process Flowchart RECOMMENDATION: At the discretion of the Town Commission. 1 https://myfwc.com/wildlifehabitats/profiles/ Page 81 Page 26 Year County Beach Survey Length (km) Loggerhead Nest Loggerhead FasleCrawl Green Turtle Nest Green Turtle False Crawl Leatherback Nest Leatherback FalseCrawl Annual Number ofNests (allspecies combined) %of County Nests (allspecies combined) NestDensity (#Nests/Km) allspecies combined 2017 PalmBeach HighlandBeach 4.8 1,182 1,470 644 422 3 0 1,829 4.61 381 2018 PalmBeach HighlandBeach 4.8 902 840 46 26 7 0 955 3.61 199 2019 PalmBeach HighlandBeach 4.8 904 797 447 202 6 0 1,357 3.25 283 2020 PalmBeach HighlandBeach 4.8 1,002 844 281 115 11 0 1,294 3.58 270 2021 PalmBeach HighlandBeach 4.8 814 844 284 193 6 2 1,104 3.33 230 2017 PalmBeach BocaRaton 8.0 767 1,513 299 458 5 1 1,071 2.70 134 2018 PalmBeach BocaRaton 8.0 686 1,158 19 23 18 0 723 2.73 90 2019 PalmBeach BocaRaton 8.0 913 1,181 393 535 18 2 1,324 3.17 166 2020 PalmBeach BocaRaton 8.0 756 1,217 132 193 13 3 901 2.49 113 2021 PalmBeach BocaRaton 8.0 660 991 192 317 21 0 873 2.63 109 2017 PalmBeach DelrayBeach 4.5 252 900 46 120 6 2 304 0.77 68 2018 PalmBeach DelrayBeach 4.5 271 677 2 11 5 1 278 1.05 62 2019 PalmBeach DelrayBeach 4.5 290 655 58 85 15 1 363 0.87 81 2020 PalmBeach DelrayBeach 4.5 285 536 42 78 21 1 348 0.96 77 2021 PalmBeach DelrayBeach 4.5 356 589 28 43 15 3 399 1.20 89 2017 PalmBeach JunoBeach 9.7 5,149 8,896 4,343 7,282 64 8 9,556 24.06 985 2018 PalmBeach JunoBeach 9.7 5,552 7,512 353 404 111 24 6,016 22.74 620 2019 PalmBeach JunoBeach 9.7 6,452 10,738 4,258 6,541 123 12 10,833 25.92 1117 2020 PalmBeach JunoBeach 9.7 7,129 10,892 2,249 2,500 216 32 9,594 26.54 989 2021 PalmBeach JunoBeach 9.7 5,458 9,343 2,373 3,531 157 45 7,988 24.10 824 Year County CountyTotals (Cc) County Totals (Cm) County Totals(Dc) Annual Numberof Nestsin PalmBeach County (allspecies combined) 2017 PalmBeach 26,245 13,263 207 39,715 2018 PalmBeach 24,876 1,277 305 26,458 2019 PalmBeach 28,790 12,612 397 41,799 2020 PalmBeach 29,465 6,125 565 36,155 2021 PalmBeach 25,880 6,788 484 33,152 Cc=Loggerhead;Cm=GreenTurtle;Dc=Leatherback DataSource:FWC/FWRIStatewideNestingBeachSurveyProgramDatabaseasof22March2022 Page 93 TABLE 1 Page 27 ORDINANCE INITIATION The initiation of a new ordinance may originate from several different sources: Commissioner/Staff initiative Citizen concerns expressed through public comments Response to state and federal actions Advisory Board Initiative INTRODUCTION TOWN COMMISSION A proposal for a new ordinance is presented to the commission for consideration. If approved in concept, the commission directs Town Manager and Town Attorney to research the subject matter and create a draft ordinance. Draft ordinance forwarded to the appropriate Advisory Board for recommendation. Staff/Legal Team Research & Draft Ordinance ADVISORY BOARD(S) The appropriate advisory board review and proposes any edits draft ordinance. This process may involve multiple meetings for review and to solicit public comments. Once a draft is settled upon, the advisory board provides and recommendation with the final draft to the commission for consideration for a First reading. TOWN COMMISSION ‐‐ 1st READING Commission discusses the public merits of the ordinance along with the recommendations of the assigned advisory board(s). Public input provided. Commission may move forward to 2nd Reading/Public Hearing or may send back to advisory board and/or staff for modifications or additional research. TOWN COMMISSION ‐‐ 2nd READING/PUBLIC HEARING After public hearing and final discussion, the commission votes to approve and enact ordinance. The Commission may request additional modifications. TOWN STAFF ‐‐ ADOPTION & IMPLEMENTATION Page 94 Page 28 1 TOWN OF HIGHLAND BEACH ORDINANCE NO AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING SECTION 4-8 “LIGHTING RESTRICTIONS FOR PROTECTION OF SEA TURTLES” AND SECTION 30-85 “COASTAL LIGHTING” OF THE TOWN CODE OF ORDINANCES TO INCORPORATE LIGHTING REGULATIONS FOR NEW AND EXISTING COASTAL STRUCTURES IN ORDER TO MINIMIZE THE AFFECT OF ARTIFICIAL LIGHT ON SEA TURTLE POPULATIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Highland Beach, Florida, is a duly constituted municipality having such power and authority conferred upon it by the Florida Constitution and Chapter 166, Florida Statutes; and WHEREAS, the Town of Highland Beach recognizes that light pollution of beaches is a serious threat to sea turtles inhabiting its beaches; and WHEREAS, the Town of Highland Beach recognizes that nesting adult and hatchling sea turtles are negatively affected by light pollution created by artificial light visible from any portion of the beach; and WHEREAS, the Town of Highland Beach recognizes that sea turtles are protected by federal and state law; and WHEREAS, the Town of Highland Beach recognizes that the quality of life of its residents are enriched by a healthy sea turtle population; and WHEREAS, the Town of Highland Beach desires to minimize the detrimental effect on nesting sea turtle populations by implementing regulations that reduces the amount of artificial light, intentionally or unintentionally visible from beaches, emanating from new or existing residences; WHEREAS, the Town Commission has determined that the amendment to the Code of Ordinances is in the best interest of the Town of Highland Beach. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AS FOLLOWS: Page 29 2 Section 1. The foregoing facts and recitations contained in the preamble to this Ordinance are hereby adopted and incorporated by reference as if fully set forth herein. Section 2. The Town of Highland Beach Code of Ordinances is hereby amended by amending Chapter 4 “Animals” to read as follows (deleting is stricken through and adding is underlined): Sec. 4-8. – Lighting restrictions for protection of sea turtles. (a) Purpose and intent. The purpose of this section is to protect the threatened and endangered sea turtles which nest along the beaches of the town from light sources that disrupt their nesting and hatching. The intent is for the appropriate design and implementation of coastal lighting to ensure that light pollution does not interfere with sea turtle nesting and hatching events while at the same time protecting public safety. (b) Definitions. Artificial light means the light emanating from any human-made device. The "Bbeach" means the zone of unconsolidated material that extends landward from the mean low water line to the place where there is a marked change in material or physiographic form, or to the line of permanent vegetation. Certified wildlife lighting means lighting fixtures and bulbs reviewed and approved with conditions of use through the Florida Fish and Wildlife Conservation Commission’s Wildlife Lighting Certification Process. Cumulatively visible means light from numerous artificial light sources that as a group can be seen by an observer standing anywhere on the beach. Directly visible means when glowing element(s), lamp(s), globe(s), or reflector(s) of an artificial light source can be seen by an observer standing anywhere on the beach. Foot-Candle means the English unit for measuring illuminance; the uniform illumination of a surface one foot away from a point source of one candela; one lumen per square foot; equal to 10.76 lux. Frontal dune means the first natural or man-made mound or bluff of sand which is located landward of the beach and which has sufficient vegetation, height, continuity, and configuration to offer protective value. Full cutoff means a lighting fixture constructed in such a manner that no light emitted by the fixture, either directly from the lamp or a diffusing element or indirectly by reflection or Page 30 3 refraction from any part of the luminaire, is projected at or above 90 degrees as determined by photometric test or certified by the fixture manufacturer. Fully shielded means a lighting fixture constructed in such a manner that the glowing elements, lamps, globes, or reflectors of the fixture are completely covered by an opaque material to prevent them from being directly visible from the beach. Any structural part of the light fixture providing this shielding must be permanently affixed. Indirectly visible means light reflected from glowing element(s), lamp(s), globe(s), or reflector(s) of an artificial light source that can be seen by an observer standing anywhere on the beach without the light source being directly visible. Long wavelength means a lamp or light source (which is amber, orange, or red) emitting light wavelengths of 560 nanometers or greater and absent wavelengths below 560 nanometers. New construction means all new construction of or additions and alterations to buildings, pools, pavement, other structures, landscape areas or lighting systems. The most protective lighting standards apply to new construction visible from the beach. Non-egress Lighting means exterior lighting that is not being used to light a distinct route or meet minimum requirements for emergency access to or from a building, including but not limited to decorative lights (e.g. strobe lights, string lights, etc.), balcony lights, landscape lights, and uplights. Outdoor Area means any portion of a property that could have an artificial light source not attached to a permanent structure, including but not limited to pathway lighting, landscape lighting, pool lighting. Sea Turtle means any turtle, including all life stages from egg to adult, of these species: Green (Chelonia mydas), Leatherback (Dermochelys coriacea), Loggerhead (Caretta caretta), Hawksbill (Eretmochelys imbricata), and Kemp’s ridley (Lepidochelys kempii). For the purposes of this ordinance, the term sea turtle is synonymous with marine turtle. Sea Turtle Nesting Habitat means all sandy beach and unvegetated or sparsely vegetated dunes immediately adjacent to the sandy beach and accessible to nesting female turtles. Temporary lighting means any non-permanent light source that may be hand-held or portable including but not limited to tiki torches, lanterns, flashlights (including cell phone flashlights and screens), candles, flash photography, etc. Page 31 4 Tinted glass means any glass treated to achieve an industry-approved, inside-to-outside light transmittance value of 45 percent or less. Such transmittance is limited to the visible spectrum (400 to 700 nanometers) and is measured as the percentage of light that is transmitted through the glass. (c) Applicability. This section shall apply to all properties within the Town that may produce artificial light directly, indirectly, or cumulatively visible from any portion of the beach, regardless of whether those properties are beachfront properties. The provisions of this section are not intended to prevent the use of any design, materials or method of installation or operation not specifically prescribed herein, provided any such alternate has been approved. The Building Official may approve any such proposed alternate provided it: (1) Provides at least approximate equivalence to the applicable specific requirements of this section, and; (2) Is otherwise satisfactory or complies with the intent of this section, and; (3) Has been designed or approved by a registered lighting or electrical engineer and is supported by calculations showing that the design submitted meets that intent of the section, and; (4) Has been determined to meet requirements for Certified Wildlife Lighting and/or lights that meet FWC’s Wildlife Lighting Guidelines, including long wavelength light sources (without the use of filters), full cut-off, and fully shielded fixtures. (dc) Lighting restrictions along beach. No artificial light shall illuminate any area of the beach which may be used for turtle nesting and hatching during the period from March 1 to October 31 of each year, from dusk to dawn. (e) Standards for exterior and interior lighting affixed to new structures, new construction and improvements to existing structures. (1) All lighting affixed to the exterior of new permanent structures, construction or additions shall be long wavelength, downward directed, full cutoff, fully shielded and mounted as close to the ground or finished floor surface as possible. (2) As an exception to (e)(1) above, non-egress lighting may be affixed to the landward exterior of permanent structures provided that the fixtures are fitted with a long wavelength source and are not directly, indirectly, or cumulatively visible from any portion of the beach. Page 32 5 (3) Lighting at egress points shall be limited to the minimum number of fixtures and foot- candles necessary to meet federal, state, and local safety requirements. (4) Locations including but not limited to stairwells, elevators, parking garages, or courtyards shall not produce light that is directly, indirectly, or cumulatively visible from any portion of the beach. Light screens, shades or curtains shall be used to block visibility of interior lights from the beach. Light screens shall be used on open or enclosed staircases on the seaward or shore-perpendicular side of a building or for parking garages to limit visibility of lights from the nesting beach. (5) All glass windows, walls, railings and doors on the seaward and shore-perpendicular sides of any new construction shall use tinted glass with an inside to outside light transmittance value of 45 percent or less. (6) Emergency lights are not subject to the above standards if on a separate circuit and activated only during power outages or other situations in which emergency lighting is necessary for public safety. (f) Outdoor areas. (1) All lighting of outdoor areas shall be long wavelength, downward directed, full cutoff, fully shielded and mounted as close to the ground or finished floor surface as possible. (2) Lighting of paths, walks and routes of building access shall use low level fixtures such as step, paver, path, recessed wall or bollard lights. Bollard lights are not to exceed 42 inches in height and other low level fixtures are to meet the height requirements of FWC’s Wildlife Lighting Guidelines. Fixtures shall be downward directed and utilize long wavelength lamps and beachside shields. (3) As an exception to (f)(1) above, non-egress outdoor lighting may be installed landward of buildings or other opaque structures provided that they are fitted with long wavelength light sources and are not directly, indirectly, or cumulatively visible from any portion of the beach. (4) Internally or externally lighted signs shall not be located on the seaward and shore- perpendicular sides of any structures, and shall not produce light that is directly, indirectly, or cumulatively visible from any portion of the beach. (5) Ponds and fountains on the seaward and shore-perpendicular sides of any structures Page 33 6 shall not produce light that is directly, indirectly, or cumulatively visible from any portion of the beach. (6) Fire pits located on the seaward and shore-perpendicular sides of any structure shall be shielded with an opaque structure or partition, and positioned such that the flame is not directly, indirectly, or cumulatively visible from any portion of the beach. Bonfires and bonfire pits are prohibited within sea turtle nesting habitat during sea turtle nesting season. (7) Televisions or other illuminated screens shall be located landward of the dune and shall be shielded or positioned such that they are not directly, indirectly, or cumulatively visible from the beach. (g) Parking areas and roadways (1) All lighting of parking areas and roadways shall be long wavelength, downward directed, full cutoff, fully shielded, and mounted to the minimum level required to maintain compliance with federal, state and local law. (2) Parking area and roadway lighting shall be shielded from the beach via vegetation, natural features, or artificial structures rising from the ground. These shall prevent artificial light sources, including but not limited to vehicular headlights, from producing light that is directly, indirectly, or cumulatively visible from any portion of the beach. (3) Lighting of roadways and parking areas shall produce no more lighting than the minimum requirement as outlined by federal, state and local law. (4) Lighting of parking areas and roadways shall consist of: a. Ground-level downward-directed fixtures, equipped with interior dark-colored, non- reflective baffles or louvers, mounted either with a wall mount, on walls or piles, facing away from the beach, or b. Bollard-type fixtures, which do not extend more than 42 inches above the adjacent floor or deck, measured from the bottom of fixture, equipped with downward-directed louvers that completely hide the light source, and externally shielded on the side facing the beach, or c. Pole-mounted lights which shall only be used in parking areas and roadways when mounting the lights at lower elevations cannot practicably comply with minimum light Page 34 7 levels set forth in applicable federal and state laws designed to protect public safety. If required, pole-mounted lights shall be: 1. Located on the landward sides of buildings and shall not produce light that is directly, indirectly, or cumulatively visible from any portion of the beach, 2. Mounted at the minimum height required to meet the minimum light level requirement, and 3. Downward-directed onto non-reflective surfaces. (5) Equipment/storage areas, and temporary security lights shall also adhere to the lighting restrictions contained in this section. (h) Pool Areas. (1) Lighting of pool decks, pool facilities, swimming pools, and spas shall be long wavelength and fully shielded. (2) Lighting of the pool water surfaces and the pool wet deck surfaces shall comply with the minimum light levels set forth in applicable federal and state laws designed to protect public safety. (3) Above-water lighting of pool decks, pool facilities, swimming pools, and spas shall otherwise adhere to the applicable requirements for acceptable light fixtures contained in subsection (h)(1) and (2) above. (4) Underwater lighting of pools or spa light shall: a. Be mounted horizontally in the wall, and b. Not produce light that is directly, indirectly, or cumulatively visible from any portion of the beach, and c. Shall comply with minimum light levels set forth in applicable federal and state laws designed to protect public safety. (i) Beach Access Points and Dune Walkovers. (1) Lighting of beach access points shall be located and configured to only illuminate areas landward of the beach and frontal dune. All lighting of beach access points shall be long wavelength, downward directed, full cutoff and fully shielded and shall not be directly, indirectly, or cumulatively visible from the beach. (2) Lights are allowable on dune walkovers or elevated boardwalks only as required for building code purposes and may only be installed landward of the frontal dune. Page 35 8 Walkover lighting shall not be directly, indirectly or cumulatively visible from the beach. (j) Existing Exterior and Interior Lighting. All existing exterior and interior lighting shall be subject to the following regulations: (1) Reduce or eliminate the negative effects of existing exterior artificial lighting through the following measures: a. Reposition, modify or remove existing lighting fixtures so that the point source of light or any reflective surface of the light fixture is no longer directly, indirectly or cumulatively visible from the beach; b. Replace fixtures having an exposed light source with fully shielded fixtures; c. Replace any light source, light bulb or lamp that is not long wavelength (e.g. incandescent, fluorescent, or high intensity lighting) with the lowest wattage long wavelength (e.g. LED or low pressure sodium) light source or lamp available for the specific application; d. Replace non-directional fixtures with directional fixtures that point down and away from the beach; e. Provide shields for fixtures visible from the beach when it is not practical to immediately replace them. Beachside shields are to cover 270 degrees and extend below the bottom edge of the fixture on the seaward side so that the light source or any reflective surface of the light fixture is not visible from the beach; f. Replace pole lamps with low-profile, low-level luminaries so that the light source or any reflective surface of the light fixture is not visible from the beach; g. Plant or improve vegetation buffers between the light source and the beach to screen light from the beach; h. Construct a ground level barrier landward of the beach and frontal dune to shield light sources from the beach. Ground-level barriers are to be considered a last resort when no other remediation of the light source is feasible. Ground level barriers may be subject to state coastal construction control line regulations under section 161.053, Florida Statutes, and must not interfere with sea turtle nesting or hatchling emergence, or cause short- or long- term damage to the beach and dune system; Page 36 9 i. Permanently remove or permanently disable any fixture which cannot be brought into compliance with the provisions of these standards. (2) Take one or more of the following measures to minimize interior light emanating from doors and windows within line-of-sight of the beach: a. Apply window tint or film that meets the light transmittance standards for tinted glass; b. Rearrange lamps, televisions, and other moveable fixtures away from windows; c. Use opaque shades or room darkening window treatments (e.g., blinds, curtains, screens) to shield interior lights from the beach. (k) Special Events, Motor Vehicles, and Temporary Lighting. (1) Lighting associated with a special event that may directly, indirectly, or cumulatively be visible from any portion of the beach shall not be authorized at nighttime during sea turtle nesting season. (2) The operation of all motorized vehicles as provided in section 5-4, shall be prohibited on the beach at nighttime during sea turtle nesting season. (3) Within sea turtle nesting season, temporary work zone lighting for roadway construction and during declared emergencies shall be directed away from the beach to avoid illumination of or direct visibility from the beach. Work zone luminaires shall be shielded to avoid lighting areas outside of the immediate construction area. (4) All other temporary construction lighting shall be: a. Inclusive of all the standards of this section, including using fixtures that are long wavelength, downward directed, full cutoff, and fully shielded so light is not directly or indirectly visible from the beach, and b. Mounted less than eight feet above the adjacent floor or deck, measured from the bottom of fixture, and (5) Handheld and other portable temporary lighting shall not be directed toward or used in a manner that disturbs sea turtles. (ld) Enforcement, penalty. Anyone violating any provisions of this section shall be punished in accordance with all provisions of this Code including but not limited to reference of the violation to the code enforcement board. Page 37 10 Section 3. The Town of Highland Beach Code of Ordinances, is hereby amended by amending Chapter 30 “Zoning,” Article V “Natural Resources,” Section 30-85 “Coastal lighting” to read as follows (deleting is stricken through and adding is underlined): Sec. 30-85. – Coastal Lighting All lighting of all properties within the Town that may produce artificial light directly, indirectly, or cumulatively visible from any portion of the beach, regardless of whether those properties are beachfront properties structures east of SR A1A shall comply with the "sea turtle protection" lighting standards as provided in section 4-8 adopted by the town. Section 4. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 6. Codification. Section 2 and Section 3 of the Ordinance may be made a part of the Town Code of Ordinances and may be re-numbered or re-lettered to accomplish such, and the word “ordinance” may be changed to “section,” “division,” or any other appropriate word. Section 7. Effective Date. This Ordinance shall be effective immediately upon adoption at second reading. The foregoing Ordinance was moved by __________________________________, seconded by ________________________________ and upon being put to the vote, the vote was as follows: AYE NAY Mayor Douglas Hillman ____ ____ Vice Mayor Natasha Moore ____ ____ Commissioner David Stern ____ ____ Commissioner Evalyn David ____ ____ Commissioner John Shoemaker ____ ____ PASSED on first reading at the Regular Commission meeting held on this _____ day of _________________, 2023. Page 38 11 The foregoing Ordinance was moved by _________________________________, seconded by ________________________________ and upon being put to the vote, the vote was as follows: AYE NAY Mayor Douglas Hillman ____ ____ Vice Mayor Natasha Moore ____ ____ Commissioner Peggy Gossett-Seidman ____ ____ Commissioner Evalyn David ____ ____ Commissioner John Shoemaker ____ ____ PASSED AND ADOPTED on second and final reading at the Regular Commission meeting held on this _____ day of _________________, 2023. ATTEST: By: Lanelda Gaskins, MMC Town Clerk APPROVED AS TO FORM AND LEGALITY: By: _________________________________ Glen J. Torcivia, Town Attorney Page 39 From:SeaTurtleLighting To:Ingrid Allen; SeaTurtleLighting Cc:Seckinger, Eric; Trindell, Robbin; Mongiovi, Beth; Valvo, Jennifer Subject:RE: proposed sea turtle lighting ordinance - Town of Highland Beach Date:Tuesday, December 13, 2022 9:37:41 AM Attachments:image001.png Dear Ingrid, Thank you for the opportunity to provide you with comments on the proposed Sea Turtle Ordinance for the Town of Highland Beach, FL. We have a few suggested additions. They are shown as underlined text below: Section 4.8(b) Definitions. Foot-candle the English unit for measuring illuminance; the uniform illumination of a surface one foot away from a point source of one candela; one lumen per square foot; equal to 10.76 lux. Nesting Season for Palm Beach County is March 1 to October 31. Section 4.8(e)(5) All glass windows, walls, railings and doors on the seaward and shore- perpendicular sides of any new construction shall use tinted glass with an inside to outside light transmittance value of 45 percent or less. However, a light transmittance of 15% to 30% is recommended by the Florida Fish and Wildlife Conservation Commission. Section 4.8(k)(4) a. Inclusive of… b. Mounted less than… c. Turned off during nighttime in sea turtle nesting season, or if authorized during sea turtle nesting season, shall only be allowed from 6:00AM to 9:00PM, must be restricted to the minimal amount necessary, and shall incorporate the standards in this section, and d. restricted to the minimal number of foot-candles necessary to conform to the applicable construction safety regulations. We hope you find the comments useful and appreciated that you reached out for comments from the staff at the Florida Fish and Wildlife Conservation Commission. Sincerely, Jennifer Jennifer J. Valvo, Ph.D. Fisheries & Wildlife Biologist III ATTACHMENT NO. 1 Page 40 Imperiled Species Management Section Florida Fish and Wildlife Conservation Commission Email: Jennifer.Valvo@MyFWC.com Phone: (850)922-4330 1875 Orange Avenue East Tallahassee, FL 32311 From: Ingrid Allen <iallen@highlandbeach.us> Sent: Monday, November 21, 2022 10:31 AM To: SeaTurtleLighting <SeaTurtleLighting@MyFWC.com> Cc: Seckinger, Eric <Eric.Seckinger@MyFWC.com>; Trindell, Robbin <robbin.trindell@MyFWC.com>; Mongiovi, Beth <Mary.Mongiovi@MyFWC.com> Subject: RE: proposed sea turtle lighting ordinance - Town of Highland Beach [EXTERNAL SENDER] Use Caution opening links or attachments Jennifer: Thank you for your email. If you would kindly provide comments no later than December 13th. As I indicated below, the Town’s proposed Ordinance is based on the State Model Ordinance dated 12- 17-20. Sincerely,Ingrid Allen Town Planner Town of Highland Beach 3614 S. Ocean Boulevard Highland Beach FL 33487 (561) 278-4540 Office (option 3) (561) 278-2606 Fax www.highlandbeach.us PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the Town of Highland Beach officials and employees regarding public business are public records available to the public and media upon request. Your e-mail communications may be subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. The views expressed in this message may not necessarily reflect those of the Town of Highland Beach. From: SeaTurtleLighting <SeaTurtleLighting@MyFWC.com> Sent: Friday, November 18, 2022 4:03 PM Page 41 To: Ingrid Allen <iallen@highlandbeach.us> Cc: SeaTurtleLighting <SeaTurtleLighting@MyFWC.com>; Seckinger, Eric <Eric.Seckinger@MyFWC.com>; Trindell, Robbin <robbin.trindell@MyFWC.com>; Mongiovi, Beth <Mary.Mongiovi@MyFWC.com> Subject: RE: proposed sea turtle lighting ordinance - Town of Highland Beach Dear Ms. Allen, Thank you for reaching out to the Florida Fish and Wildlife Commission (FWC) for comments on the proposed Sea Turtle Ordinance for the Town of Highland Beach, FL. FWC staff appreciate the opportunity to review and provide comments on the ordinance. Please let me know if there is an impeding or designated deadline that must be met. Sincerely, Jennifer Jennifer J. Valvo, Ph.D. Fisheries & Wildlife Biologist III Imperiled Species Management Section Florida Fish and Wildlife Conservation Commission Email: Jennifer.Valvo@MyFWC.com Phone: (850)922-4330 1875 Orange Avenue East Tallahassee, FL 32311 From: Mongiovi, Beth <Mary.Mongiovi@MyFWC.com> Sent: Monday, October 24, 2022 10:46 AM To: Ingrid Allen <iallen@highlandbeach.us> Cc: SeaTurtleLighting <SeaTurtleLighting@MyFWC.com> Subject: proposed sea turtle lighting ordinance - Town of Highland Beach Good morning Ingrid. This request should go to our lighting staff who I have included in my response. Thanks. Beth Mongiovi (Brost) Assistant Research Scientist Marine Turtle Research Fish and Wildlife Research Institute 100 8th Avenue SE St. Petersburg, FL 33701 Page 42 (727) 502-4738 (Office), (727) 410-2499 (Cell) http://myfwc.com/research/wildlife/sea-turtles/ “…in Wildness is the Preservation of the World.” – Henry David Thoreau From: Ingrid Allen <iallen@highlandbeach.us> Sent: Monday, October 24, 2022 10:18 AM To: Mongiovi, Beth <Mary.Mongiovi@MyFWC.com> Subject: proposed sea turtle lighting ordinance - Town of Highland Beach Hi Beth: The Town is proposing a sea turtle lighting ordinance that is based on the State Model Ordinance Lighting Ordinance for sea turtle protection (dated 12-17-20). The ordinance was introduced to the Town Commission on 10/6/22 and the Commission asked that it be reviewed by the Town’s Natural Resources Preservation Advisory Board, Gumbo Limbo and FWC. That said, I have attached the proposed ordinance and would appreciate any comments and/or support at your earliest convenience. Thank you. Sincerely,Ingrid Allen Town Planner Town of Highland Beach 3614 S. Ocean Boulevard Highland Beach FL 33487 (561) 278-4540 Office (option 3) (561) 278-2606 Fax www.highlandbeach.us PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the Town of Highland Beach officials and employees regarding public business are public records available to the public and media upon request. Your e-mail communications may be subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. The views expressed in this message may not necessarily reflect those of the Town of Highland Beach. Page 43 From:Anderson, David To:Ingrid Allen Subject:RE: TOWN: Sea Turtle Lighting Ordinance Updating Date:Tuesday, October 25, 2022 10:46:49 AM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.png Hi Ingrid, Overall a very nice job with the ordinance! I consulted with Dr. Kirt Rusenko and below are some comments. Let me know if you have any questions. Thank you, David Page 2 Sec. 4-8. (b) Definitions. “Beach” Comment: There is really no “permanent” vegetation on the dune. Suggest changing “the line of permanent vegetation” to “the toe of the dune” which as been defined for ordinances. The “permanent vegetation line” is way farther west than the toe of the dune. This might be something that can be used to restrict lighting further inland from the beach. “Certified wildlife lighting” Comment: Maybe this part includes the FWC website or at least provide where these lighting choices can be found? Page 3 “Temporary lighting” Comment: Include cell phone screens? “Tinted glass” Comment: Try for higher tinting, e.g., 15% transmittance, which would also save residents on air conditioning bills. Or maybe 15% transmittance for all windows within 100 feet of the toe of the dune and 45% transmittance for 100 feet beyond of the dune. (Inverse Square Law of Light – light decreases with distance). $77$&+0(1712 Page 44 Page 4 (d) Lighting restrictions along beach. Comment: Might this section include skyglow as a source of lighting that illuminates the beach? (e) Standards for exterior and interior lighting . . . (1) Comment: This is great! Page 5 (3) Comment: Longer wavelength lighting requires fewer foot-candles at night to adequately light an area. So, after the Illuminating Engineering Society determines proper definitions for scotopic/photopic ratios the required foot-candles may be reduced in the future for beachfront lighting. (5) Comment: Similar to comment above, go for 15% transmittance. Page 8 (j) Existing Exterior and Interior Lighting (1) Comment: Nice section! More of a carrot than a stick. Page 9 (2) b. Comment: “Rearrange lamps, TVs, and other . . . “ David Anderson | Sea Turtle Conservation Coordinator City of Boca Raton, Recreation Services - Gumbo Limbo Nature Center 1801 N. Ocean Blvd., Boca Raton, FL 33432 P 561-544-8614 | manderson@myboca.us Stay Connected Page 45 From: Ingrid Allen <iallen@highlandbeach.us> Sent: Thursday, October 20, 2022 1:56 PM To: Anderson, David <MAnderson@ci.boca-raton.fl.us> Subject: [EXTERNAL] RE: TOWN: Sea Turtle Lighting Ordinance Updating David: I appreciate your quick response. Thank you for offering to review the Ordinance. Again, kindly provide any comments and/or support of the Ordinance at your earliest convenience. I will be emailing all interested parties early next week on whether the Ordinance will make the 11-2-22 NRPAB meeting agenda or a future date. Sincerely, Ingrid Allen Town Planner Town of Highland Beach 3614 S. Ocean Boulevard Highland Beach FL 33487 (561) 278-4540 Office (option 3) (561) 278-2606 Fax www.highlandbeach.us PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the Town of Highland Beach officials and employees regarding public business are public records available to the public and media upon request. Your e-mail communications may be subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. The views expressed in this message may not necessarily reflect those of the Town of Highland Beach. From: Anderson, David <MAnderson@ci.boca-raton.fl.us> Sent: Thursday, October 20, 2022 1:24 PM To: Ingrid Allen <iallen@highlandbeach.us> Subject: RE: TOWN: Sea Turtle Lighting Ordinance Updating Hi Ingrid, I will be glad to look over the ordinance and provide comments. Unfortunately, I have a meeting at the day and time of the NRPAB meeting. Meanwhile, I will be happy to provide any more info upon request – photos, examples, data, etc. I will reply to the other e-mail as well. Thank you for reaching out to me. David Page 46 David Anderson | Sea Turtle Conservation Coordinator City of Boca Raton, Recreation Services - Gumbo Limbo Nature Center 1801 N. Ocean Blvd., Boca Raton, FL 33432 P 561-544-8614 | manderson@myboca.us Stay Connected From: Ingrid Allen <iallen@highlandbeach.us> Sent: Thursday, October 20, 2022 12:15 PM To: Anderson, David <MAnderson@ci.boca-raton.fl.us> Subject: [EXTERNAL] FW: TOWN: Sea Turtle Lighting Ordinance Updating Mr. Anderson: Just wanted to follow up on Joanne’s email below. Note that the Town’s proposed Sea Turtle Ordinance (see attached) is based on the State of Florida Model Lighting Ordinance for Sea Turtle Protection (dated December 17, 2020). As I indicated below, in my initial email to Joanne, the Ordinance was introduced to the Town Commission on 10-18-22. Upon the Commission’s review, their direction was to have the Ordinance reviewed by the Town’s Natural Resources Preservation Advisory Board (NRPAB) as well as Gumbo Limbo. That said, in addition to your attendance at the NRPAB meeting (tentatively on 11/2/22 at 1:00pm), would you be able to review the Ordinance and kindly provide any comments and/or general support at your earliest convenience? Kindly advise. Thank you. Sincerely, Ingrid Allen Town Planner Town of Highland Beach 3614 S. Ocean Boulevard Highland Beach FL 33487 (561) 278-4540 Office (option 3) (561) 278-2606 Fax www.highlandbeach.us PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the Town of Highland Beach officials and employees regarding public business are public records available to the public and media upon request. Your e-mail communications may be subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. The views expressed in this message may not necessarily reflect those of the Town of Highland Beach. Page 47 From:Barbara Blanid James To:Ingrid Allen; ryansarewe@bellsouth.net Cc:David Anderson; Jeff Remas; Marshall Labadie Subject:HIGHLAND BEACH Sea Turtle Lighting Ordinance U-TUBE Date:Thursday, October 20, 2022 12:27:55 PM Dear Joanne Ryan (FWC Permit #22-100) and others - In my 21+ years as a resident of Highland Beach and most of those years as a Sea Turtle Program volunteer and/or Permit Holder, this is the very first time I have seen such attention to detail from true professionals that we finally have in our Village Government. The Sea Turtle Lighting Ordinance which was formerly two sentences (if that) is finally, in 2022-23, being upgraded beyond expectations. The eleven page potential Ordinance can be found on the Town website. The Town has taken the ball and run very fast and furious with it. I will attempt to watch/listen to the 11/2 Commission meeting on my cell phone, as I am not available to attend. Following is a link to the U-Tube portion of the Town Commission's October 18th, 2022 meeting. (78) 10/018/2022 Town Commission Meeting - YouTube (click on the link at bottom The Turtle Lighting Topic discussion appears starting at 1:36:58 and ending at 2:00:32. This replacement Ordinance will be "approved" at a future meeting. OUR CURRENT TOWN GOVERNMENT WANTS THIS ORDINANCE. Celebration indeed. Thanks to those involved in making this happen - Barbara James PS - if you attempt to find this meeting another way, please note that U-Tube description has a typo - is shows 10/018/2022 instead of 10/18/2022. On Thursday, October 20, 2022 at 06:01:17 AM EDT, ryansarewe@bellsouth.net <ryansarewe@bellsouth.net> wrote: 10/018/2022 Town Commission Meeting ATTACHMENT NO. 3 Page 48 Good morning, Ingrid, Thank you for the invitation to the NRPAB meeting regarding the sea turtle lighting ordinance. I would be happy to attend the meeting on Nov 2nd and I am including in this email the representatives that I think would be interested in attending for Palm Beach County, FWC and Gumbo Limbo. I will reach out to our "turtle team" and see who can be available to attend as well. Also, I want to thank Barbara for keeping the ball rolling on this issue. As she mentioned in her emails, the code compliance staff has been excellent in resolving lighting issues over this past summer. Thank you for all your efforts. See you in November. Joanne Ryan Highland Beach MT Permit #100 561-441-4375 On Wednesday, October 19, 2022 at 11:35:42 AM EDT, Ingrid Allen <iallen@highlandbeach.us> wrote: Joanne: Good afternoon. The introduction of the sea turtle lighting Ordinance went before the Town Commission yesterday. The Commission made a motion to have the Town’s Natural Resources Preservation Advisory Board (NRPAB) review the Ordinance and have yourself, as the current Marine Turtle Permit Holder (and any volunteers) as well as representatives from Gumbo Limbo and FWC attend such NRPAB meeting. That said, the NRAPB meets quarterly, and their next meeting is November 2, 2022 at 1:00pm (Town Hall Chambers). Would you be available to attend on November 2nd? Also, can you provide me with any contacts you may have over at Gumbo Limbo and any local contact at FWC (I have been in contact with Beth Mongiovi of FWC but she is based in St. Petersburg.). Kindly advise at your earliest convenience. Thank you. Sincerely, Ingrid Allen Town Planner From: bocablanid <bocablanid@yahoo.com> Sent: Thursday, October 13, 2022 8:11 PM To: Ingrid Allen <iallen@highlandbeach.us>; bocablanid@yahoo.com Cc: Jeff Remas <bco@highlandbeach.us>; Joanne Ryan <ryansarewe@bellsouth.net> Subject: RE: TOWN: Sea Turtle Lighting Ordinance Updating Ingrid (and Jeff) .... this is, indeed, great news. I am forwarding to the current Marine Turtle Permit Holder - Joanne Ryan. (I am behind the scenes attempting to back away as she builds the Program under her fresh vision). As a "civilian", I must admit, reading legalize has always been a challenge for me ! I gave it a shot and with a few eyeball rolls as I was feeling somewhat inadequate, it appears to cover many bases and I am quite impressed. Thank you again for taking the lead and getting this "on the books --- finally". You continue to show you're valuable assets to our Town. Page 49 Best to you both ... Barbara PS .. Glad to report that Jeff and his Ordinance Official(s) were a great help with those violations we reported this year. They now will have the "paper to stand on" in future nesting seasons. BRAVO -------- Original message -------- From: Ingrid Allen <iallen@highlandbeach.us> Date: 10/13/22 3:25 PM (GMT-05:00) To: Barbara Blanid James <bocablanid@yahoo.com> Cc: Jeff Remas <bco@highlandbeach.us> Subject: RE: TOWN: Sea Turtle Lighting Ordinance Updating Barbara: FYI, at the 10-18-22 Town Commission meeting, the Commission will be considering the Introduction of a proposed sea turtle ordinance (see attached). The ordinance is based on the State of Florida’s model lighting ordinance for sea turtle protection. The staff memorandum that will accompany the ordinance will be available on the Town’s website the Friday before the meeting at the following link: https://highlandbeach-fl.municodemeetings.com/? Sincerely, Ingrid Allen Town Planner From: Barbara Blanid James <bocablanid@yahoo.com> Sent: Wednesday, August 17, 2022 11:49 AM To: Marshall Labadie <mlabadie@highlandbeach.us> Cc: Terisha Cuebas <tcuebas@highlandbeach.us>; Douglas Hillman <dhillman@highlandbeach.us>; Natasha Moore <nmoore@highlandbeach.us>; Peggy Gossett-Seidman <pseidman@highlandbeach.us>; Evalyn David <edavid@highlandbeach.us>; John Shoemaker <jshoemaker@highlandbeach.us>; Jeff Remas <bco@highlandbeach.us>; Ingrid Allen <iallen@highlandbeach.us>; JOANNE RYAN <ryansarewe@bellsouth.net>; Craig Hartmann <chartmann@highlandbeach.us> Subject: TOWN: Sea Turtle Lighting Ordinance Updating TO: Marshall Labadie - Town Manager TO: Assistant Town Manager - Terisha Cuebas CC's TO: Our Town Commissioners CC: Craig Hartmann - Chief HBPD Page 50 CC: Joanne Ryan - FWC Marine Turtle Permit Holder 22-100 CC: Jeff Remas - HB Building Official CC: Ingrid Allen - HB Town Planner FROM: Barbara James - Former Sea Turtle Permit Holder RE: UPDATING SEA TURTLE LIGHTING ORDINANCE Dear Marshall - (and Ladies and Gentlemen) - As I am not sure exactly whom to address this request, you are all the lucky recipients of this e-mail. Okay - Down to business: The Town has a two sentence Ordinance about Beach-Front Lighting during Sea Turtle Nesting Season. It was written in the early 1980's (or close enough to that time). For years it has been a struggle to actually clarify to those "in violation" that they are indeed "in violation". Many Towns, Counties and Cities here in Florida and all the way up to the Carolinas have "clearer, newer" Ordinances for these exact issues. Scratching my head, a dozen or so years ago, I inquired of the Town to look into this. Got a pat on the head and said "certainly, we will look into it". During the pandemic, after having reported one of the "Lights on the Beach" violations, I recall that Jeff Remas and Ingrid Allen told me that they had started the process of "LOOKING INTO THE NECESSARY ORDINANCE UPDATING" - - and one of them (?) had mentioned to me that they had reached out and gotten clear, concise, enforceable material from extremely appropriate sources, enabling them to write the Up-Date that I had been looking for so long. We all got lost during the pandemic freeze-in-place era, so I didn't push, ask or even think about it. BUT - after having attended the Town Commission meeting yesterday, I saw Jeff coming down the hallway. I put out my foot to trip him; it caused him to stop abruptly and in 25 words or less (hard to believe from me), he said YES, they had indeed completed the necessary rewrite and it just had to be brought up on a future agenda. I won't bother you with the numerous emails to Code Enforcement / Building Department his season with violations of lighting ordinances, and the fast and efficient investigation and completion of those events. We now have a SUPERIOR TEAM in our CODE/BUILDING Department. Better than we have had since I have owned here since 1998. Let's take full advantage of their commitment, their fire, their efficiency and their drive. They have the "product". Ready. Now. As mentioned, I had 25 words with Jeff. I do not know whom to ask to put this Completed Project on an Agenda for approval, or discussion, or whatever is deemed necessary. The work is done (thanks in part to Covid quiet time). Those of us working in our "Sea Turtle Nesting Sanctuary" (aka Highland Beaches three- mile maternity ward) could use the support when violations are affecting the nesting. I admit having made this letter less than Business/Professional - but that was to hope you would read Page 51 through it. Closing on a serious note, please consider adding the Sea Turtle Lighting Ordinance Update to a not-to-distant future Commission Meeting for discussion, recommendation and approval. Grateful for your continued support, Barbara James FWC Q.I. / former Permit Holder Page 52 Window Tint Visible Light Transmittance Source: Lighting Guide, Marine Turtle Protection Ordinance, Sarasota County, FL ATTACHMENT NO. 4 Page 53 From:Teal Kawana To:Adam Osowsky; Ingrid Allen Subject:Highland Beach Lighting Survey Date:Tuesday, October 25, 2022 12:05:35 PM Attachments:image001.png Highland Photosheet 090221.docx.pdf Good Afternoon, As requested, the Highland Beach photosheet from our 2021 lighting survey is attached. This was an informal survey that was conducted for a research project with the County and we recorded properties with non-compliant lighting based off of the conditions in our County ordinance. Please let me know if you have any questions. Thank you. Teal Kawana Environmental Analyst Palm Beach County Dept. of Environmental Resources Mgmt. 2300 North Jog Road, 4th Floor West Palm Beach, FL 33411 Email:TKawana@pbcgov.org Office: (561)-681-3852 Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. ATTACHMENT NO. 5 Page 54 1 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2359 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Interior 2+ rooms East 1 Page 55 2 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2363 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Up lighting on vegetation Unknown Southeast 2 Indirect illumination Unknown Southeast 1 2 Page 56 3 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2365 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Up lighting on vegetation Unknown Southeast, Northeast 2 Indirect illumination Unknown East 1 1 2 Page 57 4 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2367 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Path lights ~3 East beach access 1 Page 58 5 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2375 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Up lighting on vegetation Unknown East 2 Pole mounts Unknown Northeast, beach access 1 2 Page 59 6 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2395 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Wall mounts 3-4 North along wall 2 Bollards ~5 Southeast 3 Green indirect illumination from pool Unknown East 4 Interior 3+ rooms East 1 2 2 3 4 2375 S Ocean Blvd Page 60 7 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2435 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Purple indirect illumination from pool lighting Unknown East 2 Interior 1-2 Rooms East 3 Path lights 12 East, to beach 1 2 3 Page 61 8 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2445 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Wall mount 1 East 1 Page 62 9 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2455 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Up light 1 East 1 Page 63 10 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance Townhouse of Highland Beach September 02, 2021 2565 S Ocean Blvd 1 2 2 3 Page 64 11 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance Townhouse of Highland Beach September 02, 2021 2565 S Ocean Blvd 2 4 4 Page 65 12 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance Townhouse of Highland Beach September 02, 2021 2565 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Ceiling mounted 1 North 2 Interior 8-10 units Northeast, Northwest, East 3 Indirect illumination, white Unknown Northeast 4 Indirect illumination, blue/purple Unknown East, Southeast Page 66 13 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance Townhouse of Highland Beach September 02, 2021 2575 S Ocean Blvd 2 3 6 4 1 1 1 4 4 Page 67 14 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance Townhouse of Highland Beach September 02, 2021 2575 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Ceiling mounted ~5 North, East 2 Purple indirect Unknown East, Northeast 3 Street light/parking lot light 1 West 4 White wall mounted ~5-10 East 5 White indirect on building Unknown South 6 Interior ~ 5 units East, Southeast 6 5 Page 68 15 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2635 S Ocean Blvd 1 2 Page 69 16 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2635 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Indirect illumination caused by unknown fixture on gate 1 East/ Southeast 2 Ceiling mounted 1 East, in cupula 1 Page 70 17 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2633 S Ocean Blvd 1 2 Page 71 18 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2633 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Indirect illumination caused by unknown fixture Unknown East, Northeast 2 Interior 1 room East Page 72 19 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2701 S Ocean Blvd 1 2 3 Page 73 20 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2701 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Wall mount ~50 North and South, 25 on each side 2 Pole/ Mushroom lights ~10-15 East, Central area 3 Interior ~2 units East 1 Page 74 21 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2711 S Ocean Blvd Jamaica Manor 1 3 2 3 Page 75 22 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2711 S Ocean Blvd Jamaica Manor 3 1 3 3 Page 76 23 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2711 S Ocean Blvd Jamaica Manor ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Indirect illumination Unknown East 2 Wall mount 1 Northeast 3 Up lighting ~5 Northeast, around sitting area Northeast, under bush, Southeast, in tiki hut Page 77 24 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2727 S Ocean Blvd Villa Magna Condos 1 1 3 Page 78 25 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2727 S Ocean Blvd Villa Magna Condos 1 2809 S Ocean 2 3 Page 79 26 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2727 S Ocean Blvd Villa Magna Condos ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Ceiling mounted ~5 East, Southeast, Northeast 2 Pool lighting causing indirect illumination Unknown South 3 Interior Unknown East 3 Page 80 27 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2809 S Ocean Blvd 1 3 1 1 2 3 Page 81 28 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2809 S Ocean Blvd 3 4 5 Page 82 29 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2809 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Wall mounts ~10-12 East (throughout center) 2 Pole lights ~2-5 East (central) 3 Interior/ interior stairwell ~10 rooms/units East, Northeast, Southeast 4 Indirect illumination Unknown North face (parking lot) 5 Large parking lot light 1 North Page 83 30 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2901 S Ocean Blvd Highlands Place Condo 3 1 2 1 1 Page 84 31 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2901 S Ocean Blvd Highlands Place Condo ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Bollards Unknown Southeast/ Southwest (around pool) 2 Ceiling mounts Unknown Southwest 4 Indirect illumination from pool lighting Unknown South face Page 85 32 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2909 S Ocean Blvd Wiltshire House Condo 1 2 3 3 2 Page 86 33 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2909 S Ocean Blvd Wiltshire House Condo ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Indirect illumination Unknown Western pool cabanas 2 Ceiling mount 1 East, on balcony 3 Interior 10+ units East Page 87 34 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2917-2916 S Ocean Blvd Trafalgar of Highland Beach 3 2 1 + 2 4 3 Page 88 35 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2917-2916 S Ocean Blvd Trafalgar of Highland Beach ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Pool lighting Unknown Northeast 2 Wall mounted Unknown North on Pool House Walls 3 Indirect illumination Unknown Southwest, Northeast (pool) 4 Interior ~3 Units East Page 89 36 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2921-2920 S Ocean Highland Towers 1 1 3 3 1 1 1 Page 90 37 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2921-2920 S Ocean Highland Towers ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Up lighting on vegetation Unknown East 2 Ceiling mounted ~2-5 Northeast 3 Interior 2 units + 5 stairwell windows East 2 Page 91 38 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3009 S Ocean Blvd Ocean Pines Condo 1 3 2 2 1 Page 92 39 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3009 S Ocean Blvd Ocean Pines Condo 3 2 2 4 Page 93 40 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3009 S Ocean Blvd Ocean Pines Condo ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Pool lighting causing indirect illumination Unknown Southeast 2 Amber indirect from turtle fixtures Unknown East, Southeast 3 Globe lights ~5-8 North, South 4 Ceiling mounts in parking garage Unknown North Page 94 41 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3015 S Ocean Blvd Ocean Dunes Condo 2 3 1 Page 95 42 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3015 S Ocean Blvd Ocean Dunes Condo ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Pole mounted 2 South 2 Indirect illumination Unknown South, Southeast, North 3 Ceiling mounted Unknown North, East 3 2 Globe light from 3009 S Ocean Blvd Page 96 43 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3101 S Ocean Blvd Penthouse Towers 1 + 2 3 5 5 1 + 4 1 6 Page 97 44 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3101 S Ocean Blvd Penthouse Towers ITEMS FIXTURE TYPE QUANTITY LOCATION 1 White ceiling mounted 3+ South, East 2 Amber ceiling mounted ~24 South 3 Up lights on vegetation ~ 4 East 4 Pole mounted 4-5 East 5 Pool lighting causing blue indirect illumination Unknown East 6 Interior 1-3 rooms East 5 1 + 4 Page 98 45 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3115 S Ocean Blvd Ocean Terrace North 2 2 1 3 3 Page 99 46 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3115 S Ocean Blvd Ocean Terrace North ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Pole mounted globe light 1 South 2 Ceiling mounted Unknown North, South 3 Indirect Illumination Unknown North, East, South 3 3 2 Page 100 47 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3114 S Ocean Blvd Montaray House 1 1 Page 101 48 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3114 S Ocean Blvd Monterey House ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Ceiling mounted 20+ East Page 102 49 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3201 S Ocean Blvd Beach Walk East 3 3 3 2 1 2 1 Page 103 50 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3201 S Ocean Blvd Beach Walk East ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Ceiling mounted 2 South, North 2 Indirect illumination from pool lighting/parking lot Unknown South (pool), North (parking) 3 Interior ~5 rooms East Page 104 51 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3211 S Ocean Blvd Villa Mare 4 3 1 3 4 Page 105 52 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3211 S Ocean Blvd Villa Mare ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Amber wall mounts around pool ~10 Southeast, Southwest pool area 2 Indirect illumination Unknown North face (parking lot), South (pool) 3 Underwater pool lights 6 South 4 White step lights ~10 Southeast, Southwest pool area 2 Page 106 53 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3224 S Ocean Blvd Seagate of Highland Condos ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Ceiling mounted 50+ West (East, South) 1 1 Page 107 54 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3215-3301 S Ocean Blvd Ambassadors V North & South 1 South North 3400 S Ocean Blvd Coronado at Highland Beach 2 Page 108 55 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3215-3301 S Ocean Blvd Ambassadors V North & South 2 2 3 Page 109 56 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3215-3301 S Ocean Blvd Ambassadors V North & South 3 2 2 3 Page 110 57 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3215-3301 S Ocean Blvd Ambassadors V North & South 4 4 4 1 Page 111 58 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3215-3301 S Ocean Blvd Ambassadors V North & South ITEMS FIXTURE TYPE QUANTITY LOCATION 1 White indirect illumination Unknown South, East between buildings 2 Pole mounted Unknown East, between buildings, in pool/seating areas 3 Ceiling mounted Unknown In carports 4 Blue indirect illumination from pool lighting Unknown East, between buildings 3 2 2 2 Page 112 59 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3321-3420 S Ocean Blvd Coronado At Highland Beach 1 2 Page 113 60 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3321-3420 S Ocean Blvd Coronado At Highland Beach ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Spotlight 1 South 2 Amber lighting, too many unnecessary fixtures 20+ East 3 Indirect illumination Unknown West 3400 S Ocean 3420 S Ocean 3 Page 114 61 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3401 S Ocean Blvd Ridge Condo ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Indirect illumination Unknown East 1 Page 115 62 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3407 S Ocean Blvd Clarendon Condo 1 3 1 Page 116 63 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3407 S Ocean Blvd Clarendon Condo ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Spot light 2 Southeast 2 Indirect illumination Unknown South 3 Interior ~5 units East Page 117 64 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3425 S Ocean Blvd Le Sanctuaire Condo ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Ceiling mount ~3 Southwest 1 Page 118 65 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3450 S Ocean Blvd Casuarina Condo ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Indirect illumination Unknown West (East) 1 Page 119 66 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3505 S Ocean Blvd Villa Nova Condo 1 3 2 2 Page 120 67 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3505 S Ocean Blvd Villa Nova Condo ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Indirect illumination Unknown South (pool), North (courtyard fountain) 2 Step / path lights ~10 Southeast, beach access 3 Interior ~7 rooms East, North 1 3 Page 121 68 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3511 S Ocean Blvd Villas at Highland Beach ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Indirect illumination Unknown East 2 Interior Unknown East 1 + 2 Page 122 69 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3515 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Pergola Unknown East 2 Step lights ~6 East, Beach access 1 2 Page 123 70 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3567 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Indirect illumination from pool lighting Unknown East 2 Ceiling mounted 2 East, northeast porch 3 Interior Unknown East 1 3 2 Page 124 71 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3569 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Ceiling mounted 2 East, 2nd story balcony 1 Page 125 72 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3594 S Ocean Blvd Highland Beach Club Condominium ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Indirect illumination Unknown West (East face) 2 Interior Unknown West (East face) 1 + 2 Page 126 73 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3615 S Ocean Blvd 1 2 2 4 Page 127 74 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3615 S Ocean Blvd 1 4 4 3 Page 128 75 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3615 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Ceiling mounted ~8 East, northeast porch 2 Up lighting on vegetation Unknown East 3 Street light 1 West 4 Indirect Illumination Unknown East Page 129 76 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3621 S Ocean ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Interior Unknown East 1 1 Page 130 77 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3701 S Ocean Toscana ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Indirect illumination Unknown West, across the street 2 Interior Unknown West, across the street 1 + 2 Page 131 78 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3711 S Ocean ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Interior Unknown East 1 Page 132 79 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3715 S Ocean ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Up lighting on vegetation ~5 East 2 Interior Unknown East 1 1 2 Page 133 80 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3719 S Ocean ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Interior Unknown East 1 Page 134 81 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3805 S Ocean ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Ceiling mounted 6 South, East 1 Page 135 82 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3817 S Ocean ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Interior Unknown East 2 Indirect illumination on adjacent property Unknown Southwest 1 2 Page 136 83 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3833 S Ocean 1 1 2 Page 137 84 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3833 S Ocean ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Blue indirect illumination from pool lighting Unknown East 2 Ceiling mounted 1 Northwest Page 138 85 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3905 S Ocean 1 1 Page 139 86 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3905 S Ocean ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Ceiling mounted spotlight 2 Southwest and Northwest Page 140 87 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3921 S Ocean Blvd 2 2 Page 141 88 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3921 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Ceiling mounted spotlight ~2 Southwest balcony 2 Interior Unknown East 2 1 Page 142 89 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4001 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Interior Unknown East 1 Page 143 90 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4011 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Amber up lighting Unknown East 2 Indirect illumination Unknown East, North, South 3 Interior Unknown East 1 1 1 3 3 2 2 Page 144 91 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4015 S Ocean Blvd (Vacant lot) ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Streetlight 1 West 1 Page 145 92 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4023 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Indirect illumination from blue pool lighting Unknown East 2 Interior Unknown East 1 2 Page 146 93 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4101 S Ocean Blvd 1 1 Page 147 94 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4101 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Indirect illumination from multicolored pool lighting Unknown East Page 148 95 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4111 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Interior 1 room East 1 Page 149 96 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4115 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Interior 2 rooms East 1 Page 150 97 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4121 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Indirect illumination from pool lighting Unknown East 2 Up lighting on vegetation Unknown Southeast 3 Up lighting Unknown Northeast c 1 2 3 Page 151 98 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4201 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Pathlights Unknown East, behind vegetation 1 Page 152 99 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4205 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Indirect illumination from pool lighting Unknown East 2 Interior Unknown East 1 2 Page 153 100 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4211-4215 S Ocean Blvd 1 1 3 1 + 4 1 + 4 3 2 Page 154 101 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4211-4215 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Wall mount 1 Roof 2 Ceiling mount 1 East, balcony 3 Interior Unknown East 4 Indirect illumination Unknown In-between buildings Page 155 102 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4221 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Interior Unknown East 1 Page 156 103 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4301 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Ceiling mounted 2 East, over balcony 1 Page 157 104 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4307 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Interior ~ 2 rooms East 1 Page 158 105 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 2 Ocean Place ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Indirect illumination from pool lighting Unknown East 2 Small blue solar path light 2 East 3 Interior ~2 Rooms East 1 2 2 3 Page 159 106 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 3 Ocean Place ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Beach access lighting ~5-10 East 2 Up lighting on vegetation ~5 Southeast, Northeast 3 Indirect illumination Unknown East 1 2 2 3 Page 160 107 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4 Ocean Place ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Indirect illumination (multiple sources) Unknown East, from pool 1 Page 161 108 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 6 Ocean Place ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Beach access lighting ~10 East 2 Up lighting on vegetation ~7-10 East 3 Indirect illumination Unknown East 1 2 2 3 Page 162 109 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 7 Ocean Place ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Pathlights ~5 East 2 Up lighting on vegetation ~5-10 East 3 Interior Unknown East 1 2 2 Page 163 110 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 8 Ocean Place 1 3 2 Page 164 111 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Ceiling mounted ~5 East 2 Indirect illumination from up lighting ~2-4 North face 3 Interior Unknown East Page 165 112 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 11 Ocean Place ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Indirect illumination from pool lighting Unknown East 2 Wall mounts 2 East 3 Bollards Unknown East, under cabana 1 2 3 Page 166 113 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4505-4511 S Ocean Blvd 1 5 5 5 Page 167 114 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4505-4511 S Ocean Blvd 2 4 2 3 Page 168 115 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4505-4511 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Parking garage lighting Unknown North and South 2 Yellow pole mounted ~5 Northwest parking lot 3 Indirect illumination from pool lighting Unknown Center of two buildings 4 Rope lights 1 East, on steps to beach 5 Interior Unknown East, West, South 2 Page 169 116 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4519-4515 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Up lights on vegetation Unknown North 2 Interior 2 rooms 2 1 Page 170 117 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4605 S Ocean Blvd 1 2 2 Page 171 118 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4605 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Pole mount 1 visible but probably multiple South 2 Indirect illumination Unknown South, North Page 172 119 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4621 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Uplights on vegetation Unknown East 2 Indirect illumination Unknown East 3 Path lights Unknown East 1+2+3 Page 173 120 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4713 S Ocean Blvd 1 1 2 2 2 2 Page 174 121 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4713 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Blue path lights 2 East 2 Ground spotlights 4 East Page 175 122 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4715 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Spotlight 1 Southeast 1 Page 176 123 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4801 S Ocean Blvd 1 1 4 3 6 Page 177 124 Palm Beach County Department of Environmental Resources Management Town of Highland Beach – Informal Nighttime Survey for Sea Turtle Lighting Compliance September 02, 2021 4801 S Ocean Blvd ITEMS FIXTURE TYPE QUANTITY LOCATION 1 Ceiling mounted 2 South breezeway/patio, north stairwell, west of pool 2 Pole lights 4 North and west of pool area 3 Wall mounted Unknown East, north face 4 Spotlight 1 West of West stairs to pool 5 Step lights Unknown East, stairs to second floor 6 Interior Unknown East 1 2 3 Page 178 Sold To: Town of Highland Beach - CU00398185 3614 So. Ocean Blvd. Highland Beach,FL 33487 Bill To: Town of Highland Beach - CU00398185 3614 So. Ocean Blvd. Highland Beach,FL 33487 Published Daily Fort Lauderdale, Broward County, Florida Boca Raton, Palm Beach County, Florida Miami, Miami-Dade County, Florida State Of Florida County Of Orange Before the undersigned authority personally appeared Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL, a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the attached copy of advertisement, being a Legal Notice in: The matter of 11720-Notice of Public Meeting , Was published in said newspaper by print in the issues of, or by publication on the newspaper¶s website, if authorized on Feb 27, 2023 Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Signature of Affiant Sworn to and subscribed before me this: February 28, 2023. Signature of Notary Public Name of Notary, Typed, Printed, or Stamped Personally Known (X) or Produced Identification ( ) Affidavit Delivery Method: E-Mail Affidavit Email Address: jdehart@highlandbeach.us 7385966 SUN-SENTINEL Page 179 SUN-SENTINEL Page 180 Order # - 7385966 SUN-SENTINEL Page 181 File Attachments for Item: C. Development Application No. 22-0010 / Leonard Zelin Application By Akbar Mondal Nunez, Boat Lifts & Docks of South Florida, for a special exception approval to install a 13,000-pound capacity boat lift for the property located at 4216 Intracoastal Drive. Page 182 PLANNING BOARD STAFF REPORT MEETING OF: March 9, 2023 TO: PLANNING BOARD FROM: INGRID ALLEN, TOWN PLANNER SUBJECT: APPLICATION BY AKBAR MONDAL NUNEZ, BOAT LIFTS & DOCKS OF SOUTH FLORIDA, FOR A SPECIAL EXCEPTION APPROVAL TO INSTALL A 13,000 POUND CAPACITY BOAT LIFT FOR A PROPERTY LOCATED AT 4216 INTRACOASTAL DRIVE (DO#22-0010) Applicant (Property Owner): Leonard Zelin 4216 Intracoastal Drive Highland Beach, Fl. 33487 Applicant’s Agent: Akbar Mondal Nunez Boat Lifts & Docks of South Florida 989 Northwest 31 Avenue Pompano Beach, Fl. 33060 Property Characteristics: Comprehensive Plan Land Use: Single Family Zoning District: RS, Residential Single Family Parcel PCN#: 24-43-47-04-02-004-0230 I. GENERAL INFORMATION: HIGHLAND BEACH BUILDING DEPARTMENT 3614 S. Ocean Boulevard Highland Beach, FL 33487 Ph: (561) 278-4540 Fx: (561) 265-3582 Page 183 Request and Analysis: The Applicant is proposing to install a four (4) post, 13,000 pound capacity boat lift at the property located at 4216 Intracoastal Drive. The Applicant has obtained Florida Department of Environmental Protection (FDEP ) (File No. 50- 152067-006-EE) and US Army Corps of Engineers (File No. SAJ -2011-02027(GP-JLA) authorizations for the proposed boat lift . Pursuant to Section 30-68(g)(6)d.1. of the Town Code, the Applicant’s request is in compliance with the required 25 -foot side yard setback for boatlifts located in a Single -family zoning district. According to the Applicant’s boat lift detail (sheet DET), the top of the lift measures four (4) feet from the existing dock. The Applicant has not dimensioned the superstructure components of the boat on the lift detail (this is not a requirement of the Town Code). That said and at the request of staff, the Applicant has included on sheet DET, a note referencing the boat lift definition found in Section 30-131 of the Town Code which is as follows: Boat lifts means the bottom of the keel of any boat shall not be hoisted greater than one foot above the minimum seawall elevation. In no case shall the lift be higher than the superstructure of the boat when lifted. Section 30-68(h)(1)a. of the Town Code, states that the installation of a boat lift shall be subject to special exception approval by the Planning Board at an advertised public hearing. Section 30-36(a) of the Town code states that if the Planning Board is the final authority on the special exception, then it shall approve, approve with conditions, or deny the application. Following an approval by the Planning Board and prior to initiation of construction, the Applicant will be required to obtain a building permit from the Town of Highland Beach Building Department. Pursuant to Section 30-21(g) of the Town Code, commencement of construction shall be initiated within two (2) years following the date of approval by the Planning Board. Staff has reviewed the Applicant’s proposed request including plans date stamped received by the Building Department on January 31, 2023 and finds that the project is consistent with the Zoning Code (Chapter 30) including the special exception criteria of Section 30-36, were applicable, and the Town Comprehensive Plan. Should you have any questions, please feel free to contact me at (561) 637-2012 or iallen@highlandbeach.us Ingrid Allen Town Planner Page 184 Attachments: Application Aerials FDEP correspondence ACOE authorization Applicant Plans Page 185 Page 186 Page 187 421 6 In tra coa sta l Drive Palm Be ach Cou ntyNone Fe brua ry 23, 202 3 0 0.015 0.030.007 5 mi 0 0.025 0.050.012 5 km 1:1,12 8 Crea te d b y: P alm Beach Co untyµPage 188 Subject Site 4216 Intracoastal Drive Page 189 www.floridadep.gov FLORIDA DEPARTMENT O F Environmental Protection Southeast District Office 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406 561-681-6600 Ron DeSantis Governor Jeanette Nuñez Lt. Governor Shawn Hamilton Secretary June 23, 2022 Leonard Zelin 4216 Intracoastal Dr, Highland Beach, FL 33487 Sent via e-mail: lbz60@aol.com Re: File No.: 50-152067-006-EE File Name: Zelin Lenny Boat Lift 25 Dear Mr. Zelin: On June 15, 2022, we received your request for verification of exemption to install a boatlift. The project is located in the Intracoastal Waterway, Class III Waters, adjacent to 4216 Intracoastal Dr, Highland Beach (Section 4, Township 47 South, Range 43 East), in Palm Beach County (Latitude N 26°24'2.8953", Longitude W 80°4'7.7272"). Your request has been reviewed to determine whether it qualifies for (1) regulatory exemption, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal approval that may be necessary for work in wetlands or waters of the United States. Your project did not qualify for the federal authorization of this verification request. Additional authorization must be obtained prior to commencement of the proposed activity. This letter does not relieve you from the responsibility of obtaining other federal, state, or local authorizations that may be required for the activity. Please refer to the specific section(s) dealing with that portion of the review below for advice on how to proceed. If you change the project from what you submitted, the authorization(s) granted may no longer be valid at the time of commencement of the project. Please contact us prior to beginning your project if you wish to make any changes. If you have any questions regarding this matter, please contact Ingrid Fuquene at the letterhead address or at 561-681-6600, Ingrid.Fuquene@FloridaDEP.gov . Page 190 File No.: 50-152067-006-EE File Name: Zelin Lenny Boat Lift 25 Page 2 of 5 1. Regulatory Review – VERIFIED Based on the information submitted, the Department has verified that the activity as proposed is exempt under Chapter 62-330.051(5)(h), Florida Administrative Code, the need to obtain a regulatory permit under Part IV of Chapter 373 of the Florida Statutes. This exemption verification is based on the information you provided the Dep artment and the statutes and rules in effect when the information was submitted. This verification may not be valid if site conditions materially change, the project design is modified, or the statutes or rules governing the exempt activity are amended. In the event you need to re-verify the exempt status for the activity, a new request and verification fee will be required. Any substantial modifications to the project design should be submitted to the Department for review, as changes may result in a permit being required. 2. Proprietary Review- NOT REQUIRED The activity does not require further authorization under chapter 253 of the Florida Statutes, or chapters 18-20 or 18-21 of the Florida Administrative Code. 3. Federal Review - NOT APPROVED Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE permit or authorization shall be required from the Corps. You must apply separately to the Corps using the Application for Department of the Army Permit (ENG 4345) or alternative as allowed by Corps regulations. More information on Corps permitting may be found online in the Jacksonville District Regulatory Division Sourcebook: (https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/). Authority for review - an agreement with the USACOE entitled “Coordination Agreement Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection (or Duly Authorized Designee), State Programmatic General Permit”, Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act. Additional Information Please retain this letter. The activities may be inspected by authorized state personnel in the future to ensure compliance with appropriate statutes and administrative codes. If the activities are not in compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18-14, F.A.C. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application. Page 191 File No.: 50-152067-006-EE File Name: Zelin Lenny Boat Lift 25 Page 3 of 5 Petition for Administrative Hearing A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28-106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency’s file or identification number, if known; (b) The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency’s proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. You cannot justifiably rely on the finality of this decision unless notice of this decision and the right of substantially affected persons to challenge this decision has been duly published or otherwise provided to all persons substantially affected by the decision. While you are not required to publish notice of this action, you may elect to do so pursuant Rule 62-110.106(10)(a). The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. If you Page 192 File No.: 50-152067-006-EE File Name: Zelin Lenny Boat Lift 25 Page 4 of 5 do not publish notice of this action, this waiver will not apply to persons who have not received written notice of this action. Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. FLAWAC Review The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department. Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice must be filed within 30 days from the date this action is filed with the Clerk of the Department. Page 193 File No.: 50-152067-006-EE File Name: Zelin Lenny Boat Lift 25 Page 5 of 5 EXECUTION AND CLERKING Executed in West Palm Beach, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION _________________________________ Jeffrey L. Meyer Environmental Administrator Southeast District Enclosures: Attachment A: Specific Exemption Rule(s) Project drawings, 4 pages CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this document and all attachments were sent on the filing date below to the following listed persons: FDEP – Jeff Meyer, Ingrid Fuquene Steve Garbutt, Boatlifts & Docks of South Florida, docksandlifts@gmail.com Additional mailings: Matt Mitchell, Palm Beach County, Environmental Resources, mmitchell@pbcgov.org FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. June 24, 2022 Clerk Date Page 194 Attachment A 62-330.051 Exempt Activities. The activities meeting the limitations and restrictions below are exempt from permitting. However, if located in, on, or over state-owned submerged lands, they are subject to a separate authorization under chapters 253 and 258, F.S., as applicable. (5) Dock, Pier, Boat Ramp and Other Boating-related Work ‒ (h) The installation of a pile-supported boat lift within an existing mooring area at a docking facility that is legally in existence, provided: 1. Such installation does not conflict with a condition of a permit issued thereunder; 2. The boat lift does not include additional structures, such as platforms, cat walks, and roofs. Page 195 Property Line Property Line POOL48" 36"Property Line9'-2" 8'-1" 11"Pilings aligned withthe existing dockINTRACOASTAL WATERWAY300' R/W CANALNEXISTING BOAT LIFTTO REMAIN6"6"11'-7"Existing concrete dockand pilings to remainNew Installation 13000lb4-Post Boat Lift mountedon (4) new 12" dia pilingsTurbidity barriersare to surroundall in water7'-5"25'-2"32'-4"95'12'-6"57'-6"25'side setback20' max. from wetfaceExisting Wetfaceto remainGeneral Notes:1.New Installation 13000lb 4-Post Boat Lift mounted on (4) new 12" dia. wood pilings.2.Turbidity barriers are to surround all in water construction areas during piling and/or panel installation activities.3.Elevations shown are based on the North American Vertical Datum of 1988.4.Design in accordance with 2020 7th Edition of the Florida Building Code.5.Construction methods, procedures, and sequences are the responsibility of the Contractor. The Contractorshall take the necessary means to maintain and protect the structural integrity and serviceability of theconstruction at all times.6.Any discrepancies found for any circumstance between the structural plans and the existing conditions foundon site and/or any conditions that were omitted on the plans will be the responsibility of the Contractor toimmediately bring to the attention of the Engineer of Record.7.Existing conditions are unknown, therefore, worst case conditions have been approximated. all existingconditions are assumed and must be confirmed by the gc after permitting.8. Engineer's Limitations of Responsibility: The Engineer shall not be responsible for the quality or compositionof materials, fabrications, construction inspection, supervision, or review, special inspection, or the qualityand correctness of construction unless the appropriate submissions, reports, approvals, inspections, site visit,construction review, or special inspections are performed by the Engineer or his representative as requiredherein, and then only such responsibility as is associated with the specific work performed as is commonlyassigned a structural engineer in relation to other engineering and construction disciplines associated withthe project.9. The Engineer shall not be responsible for site and construction safety and/or the safety of constructionworkers. Site and construction safety is the responsibility of the Contractor. The Contractor shall beresponsible for the safety of his employees and the safety of the employee of all subcontractors to the project.10. Engineer's Statement of Compliance: To the best of the Engineer's knowledge, the structural plans andspecifications presented herein comply with the applicable minimum building codes, standards, and practices.SITE PLANSCALE: 1/8" = 1'-0"SPDATE NOTES/REVISIONS PREPARED FOR:Drawn by: Del RyChecked by:Date: 04/05/2022Job No.: 22-013BOAT LIFT FOR: ZELIN RESIDENCE 4216 INTRACOASTAL Dr HIGHLAND BEACH, FLORIDA 06-14-22 new side setback 25', simulation Southeast DistrictPermit Number 50-152067-006-EEPage 196 LOT 23BLOCK 4RESIDENCE# 4216LOT 22LOT 24125.00' 125.00'95.00'95.00'INTRACOASTAL DRIVE21' ASPHALT ROADWAY 50' RIGHT-OF-WAY℄INTRACOASTAL WATERWAY300' R/W CANALN CONCRETE DOCK TO REMAIN BOAT LIFT25'-2"44'-9"25'-1"95'WetfaceProperty Line Property LineProperty LineProperty LinePOOL4'-5" 36" 9'-2" 8'-1" 11"EXISTING CONDITIONSSCALE: 1" = 20'-0"ECDATE NOTES/REVISIONS PREPARED FOR:Drawn by: Del RyChecked by:Date: 04/05/2022Job No.: 22-013BOAT LIFT FOR: ZELIN RESIDENCE 4216 INTRACOASTAL Dr HIGHLAND BEACH, FLORIDA Southeast DistrictPermit Number 50-152067-006-EEPage 197 LOT 23BLOCK 4RESIDENCE# 421648" 36"Property LineProperty Line Property Line POOL9'-2" 8'-1" 11"Pilings aligned withthe existing dockINTRACOASTAL WATERWAY300' R/W CANALNEXISTING BOAT LIFTTO REMAIN6"6"11'-7"Existing concrete dockand pilings to remainNew Installation 13000lb4-Post Boat Lift mountedon (4) new 12" dia pilingsTurbidity barriersare to surroundall in water7'-5"25'-2"32'-4"95'12'-6"57'-6"25'side setback20' max. from wetfaceExisting Wetfaceto remainPROPOSED CONDITIONSSCALE: 1" = 10'-0"PCDATE NOTES/REVISIONS PREPARED FOR:Drawn by: Del RyChecked by:Date: 04/05/2022Job No.: 22-013BOAT LIFT FOR: ZELIN RESIDENCE 4216 INTRACOASTAL Dr HIGHLAND BEACH, FLORIDA 06-14-22 new side setback 25', simulation Southeast DistrictPermit Number 50-152067-006-EEPage 198 Existing bermto remainExisting Concrete Dockto remainExisting gradeto remainProperty LineExisting ConcreteSeawall Cap to remainMLW +0.15' NAVDMHW +2.34' NAVD Wetface to remainExisting Batterpiling to remainExistingWetfaceto remain4'New 12" dia.wood piling+6.0' NAVDNon-structural finishper owner's selection36"11"25"25"7'-5"6"11''-07"6"20'from wetfaceNew Installation 13000lb4-Post Boat Lift mounted on(4) new 12" dia wood pilingsNew 12" dia.wood pilingExisting concretepiling to remainNOTE: SEE MANUFACTURER'SDRAWINGS FOR STRUCTURALDETAILS ON LIFTOVERHANGDETDATE NOTES/REVISIONS PREPARED FOR:4-POST BOAT LIFT DETAILSCALE: 1/4"=1"-0"Drawn by: Del RyChecked by: WSDate: 04/05/2022Job No.: 22-013BOAT LIFT FOR: ZELIN RESIDENCE 4216 INTRACOASTAL Dr., HIGHLAND BEACH, FLORIDA Southeast DistrictPermit Number 50-152067-006-EEPage 199 Page 200 Page 201 Page 202 Page 203 Page 204 Page 205 Page 206 Page 207 Page 208 Page 209 Page 210 Page 211 Page 212 Page 213 Page 214 Page 215 Page 216 Page 217 Page 218 Sold To: Town of Highland Beach - CU00398185 3614 So. Ocean Blvd. Highland Beach,FL 33487 Bill To: Town of Highland Beach - CU00398185 3614 So. Ocean Blvd. Highland Beach,FL 33487 Published Daily Fort Lauderdale, Broward County, Florida Boca Raton, Palm Beach County, Florida Miami, Miami-Dade County, Florida State Of Florida County Of Orange Before the undersigned authority personally appeared Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL, a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the attached copy of advertisement, being a Legal Notice in: The matter of 11720-Notice of Public Meeting , Was published in said newspaper by print in the issues of, or by publication on the newspaper¶s website, if authorized on Feb 27, 2023 Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Signature of Affiant Sworn to and subscribed before me this: February 28, 2023. Signature of Notary Public Name of Notary, Typed, Printed, or Stamped Personally Known (X) or Produced Identification ( ) Affidavit Delivery Method: E-Mail Affidavit Email Address: jdehart@highlandbeach.us 7379349 SUN-SENTINEL Page 219 Order # - 7379349 SUN-SENTINEL Page 220 SUN-SENTINEL Page 221 File Attachments for Item: D. Discussion of proposed changes (“amendment concepts”) to the Accessory Marine Facility and seawall regulations of the Town Code Page 222 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Planning Board Meeting MEETING DATE March 9, 2023 SUBMITTED BY: Ingrid Allen, Town Planner, Building Department SUBJECT: Discussion of proposed changes (“amendment concepts”) to the Accessory Marine Facility and seawall regulations of the Town Code SUMMARY: At the February 7, 2023 Town Commission meeting, the Commission considered a discussion item pertaining to the recently held Accessory Marine -related Public Input Meetings including a summary of the public input received (see below) and next steps. Consensus from the Commission was to have the Planning Board review the proposed amendment concepts (noted below) and provide their recommendations to the Commission. Additional discussion from the Commission included: - Proposed encroachments into the water may not work in narrow canals and therefore different zones may need to be recognized. Lastly, the Commission emphasized that the process for the Board’s review not be rushed. Therefore, this item will be a continuing item of discussion on the Board’s meeting agendas during an approximate 8-12 month timeframe. Note that the proposed “amendment concepts” were first introduced to the Town Commission on March 15, 2022. The Commission memorandum from this March meeting (attached) provides an introductory review and analys is of the amendment concepts. Note that after the March 15, 2022 meeting, an additional proposed change to the Town Code pertaining to a “maximum seawall height” was added to the list of amendment concepts. The latter concept was presented at the Public Input Meetings held in December 2022. Currently, the Town Code does not have a maximum seawall height requirement; however, Section 6-128 of the Town Code requires that all seawalls west of State Road A1A be at Base Flood Elevation or higher as provided by the FEMA FIRM maps. PROPOSED AMENDMENT CONCEPTS • Maximum height for AMFs = BFE plus 7 feet. • Exempt personal watercraft (PWC) lifts from the requirement that “in no case shall the lift be higher than the superstructure of the boat when lifted” OR remove requirement. Page 223 • Maximum seawall cap width = 3 feet; maximum seawall cap plus dock width = 8 feet. • Encroachment into water at 25 feet or 25% of waterway width, whichever is less (measured from the shortest distance adjacent to property line). • 10-foot side setback for all zoning districts. For lots < 100 feet in width, setback is 10% of width; however, setback cannot be less than 5 feet. • Require a ladder for every 50 feet of dock. ADDITIONAL CONCEPT: • Maximum seawall height. Summary of Public Input Meetings: On December 5th, 7th, and 13th, 2022, the Town held Public Input Meetings regarding proposed changes (“amendment concepts”) to the Accessory Marine Facility and seawall regulations of the Town Code of Ordinances. An identical PowerPoint presentation was presented at each meeting which identified each amendment concept, any corresponding Town Code regulation that may apply to the concept, and a “no action” option. Staff prepared a comment sheet which was available at all three (3) meetings as well as on the Town’s website. Attached are the comment sheets received. In addition to the comment sheets, staff t ook notes of comments and concerns raised by residents in attendance at each meeting. These meeting comments are provided below by meeting date. The following meeting comment (in italics) required some additional research by staff which is provided in the table below: Look at other municipalities with direct Intracoastal Waterway (ICW), how do they handle encroachment (Comment from December 5th meeting)? Staff response: The following table provides regulations applicable to other municipalities: City Dock Encroachment Boat Lift Encroachment Boca Raton 6 ft for canals and waterways less than 100 ft in width or 8 ft for canals and waterways 100 ft or more in width (exclusive of pilings), measured from the property line, seawall or bulkhead, whichever is nearest to the waterway. 25% of width of canal or waterway or 20 ft, whichever is less. For portions of a boat lift constructed beyond 20 percent of the width of a canal, only wood pilings may be utilized and no part of a boat lift structure shall extend beyond the face of the wood pilings nearest the canal center. Pompano Beach 5 ft for canals and waterways 50 ft in width or less for canals and waterways more than 50 ft in width, 8 ft (or 10% of width of canal and waterway, whichever is less), as measured from the property line or measurement reference line. 20% of width of canal or waterway or 20 feet, whichever is less, as measured from the property line or measurement reference line. Page 224 Delray Beach 5 ft into waterway, if no existing seawall, measured from water’s edge at mean low tide; 5 ft if existing or proposed seawall without batter piles, measured from face of seawall; 7 ft if existing or proposed seawall with or without a seawall cap with batter piles, measured from the face of seawall. 20 ft into waterway from the property line or seawall or bulkhead, whichever is nearer to the waterway. ft = feet December 5, 2022 (12 residents in attendance, does not include Town Commission or Planning Board members): 1. Look into FEMA preliminary maps, boat lift height should go up not down. 2. Consider seawall height range to accommodate existing (older) structures. For example, Fort Lauderdale has a range from 4 feet to 6 feet. 3. Consider measuring encroachment into the water from existing bulkhead line given some property lines are in the water. 4. Need clear process based on Army Corps of Engineers approval. 5. Support for 10 foot dock setback. 6. Look into provisions for in kind replacement of lifts. 7. Seawall verses property line, consider the one that leaves greater canal space to traverse. 8. Identify properties that may be disadvantaged when measuring encroachment into waterway from property line verses seawall. 9. Datum increase of 1.5 feet, maybe height should be increased by 1.5 feet. 10. Consideration for homes built before change to North American Vertical Datum (NAVD). 11. Support for personal watercraft (PWC) exemption. 12. Support for 10 foot setbacks 13. Byrd Beach property owners reject 25 foot setback. 14. Ladder requirement: -should be homeowner’s choice. -one (1) ladder per waterfront property. December 7, 2022 (2 residents in attendance, does not include Town Commission or Planning Board members): 1. Facilities located within property line should be allowed. 2. Ladder requirement equals safety. December 13, 2022 (15 residents in attendance, does not include Town Commission or Planning Board members): 1. Floating docks create conflicts and should be addressed in amendment concepts. 2. Boat lift pilings to have 10-15 feet (30 feet maximum) setback, different than docks and davets. 3. No special exception approval by Planning Board if compliant with proposed concepts. 4. Provide setback for moored boats like Pompano Beach. 5. Proposed amendments to apply to structure as well as boat. Page 225 6. Allow accessory marine facilities within the property line, when property line is in the water. 7. Proposed Base Flood Elevation threshold should not apply to nonconforming structures. 8. Have no special exception requirements if proposed thresholds are met. 9. Grandfather existing accessory marine facilities to replace in kind (regardless of setback so long as structure was previously permitted and is not a safety hazard). 10. Reduce speed in Intracoastal Waterway. Speed causing wake issue. 11. Increase in seawall height should be mandated given sea level rise. 12. If accessory marine facility is located within property line and property line is in waterway, it should not need to comply with any proposed encroachment threshold. 13. Make the setback same for single-family and multi-family, not based on lot width. 14. Consider for those developments that wish to replace a continuous dock, that the proposed 10 foot setback would not prevent a continuous dock from being reinstalled. Note that on February 23, 2023, staff will present (at the request of the Bel Lido HOA president) the proposed amendment concepts at the Bel Lido HOA meeting. Any additional comment sheets received from this meeting will be provided to the Board. For reference purposes, a brief history on hearings held (and other related matters) relating to proposed accessory marine facility amendments to the Town Code are provided below: November 17, 2020 - Town Commission authorized Vice-Mayor Greg Babij to sponsor the review and propose any amendment(s) to the accessory marine structure ordinance provisions (motion carried 5-0). March 15, 2022 – Town Commission considers introduction to proposed amendmen t concepts regarding the accessory marine facility provisions of the Town Code. Commission consensus was to establish a process for review of such amendment concepts to include public participation and review by the Planning Board. April 19, 2022 – Town Commission provides direction in establishing a process for review of amendment concepts as follows: 1. Requests that the Planning Board watch the April 19, 2022 Town Commission discussion on such item (Number 10D). 2. Requests that the Planning Board physically observe the various canal/lot widths and existing accessory marine facilities including boat lifts located within the Town. 3. Create maps of the various waterway widths (including canal and lakes). 4. Once Board site observations are complete, staff is to send out notices to all waterfront property owners (west of State Road A1A) prior to the Planning Board meeting where the Board will discuss proposed amendment concepts as provided to the Town Commission on March 15, 2022. May 12, 2022 – Planning Board considers the April 19, 2022 direction provided by the Town Commission regarding Board review process for proposed amendments to the Accessory Marine Facility regulations of the Town Code. May 23-27, 2022 – Individual Board site observations, as noted above, are conducted via the Police Department’s Marine Patrol Unit (for those Board members who do not have Page 226 access to a boat). Note five (5) of the seven (7) Board members conducted their observations on the Marine Patrol Unit vessel. June 21, 2022 – Town Commission considers a discussion on a “review timeline” for proposed amendment concepts. Consensus from the Commission was to hold neighborhood meetings at the Town library in an effort to engage input from residents on the proposed changes, and that such meetings commence in October or November upon return of seasonal residents August 16, 2022 - Town Commission considers a discussion on a “review timeline” for proposed amendment concepts. Consensus from the Commission is to hold three (3) evening meetings in early November 2022. ATTACHMENTS: - March 15, 2022 Town Commission memorandum regarding introduction to proposed changes to Accessory Marine Facility regulations. -Comment sheets received regarding proposed amendment concepts. -Sign-in sheets from Public Input Meetings. RECOMMENDATION: At the discretion of the Board. Page 227 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE March 15, 2022 SUBMITTED BY: Ingrid Allen, Town Planner, Building Department SUBJECT: Introduction to a proposed amendment to the Town Code of Ordinances regarding Accessory Marine Facilities. SUMMARY: Former Vice-Mayor, Greg Babij, is sponsoring an amendment to the Accessory Marine Facilities regulations found in Section 30-68(g) and (h) of the Town Code. This proposed amendment is further detailed in Mr. Babij’s attached draft report (Attachment No. 1). Staff has prepared the following table which compares each proposed change with any current Town Code regulation that may apply: Proposed amendment Current Town Code regulation 1.Maximum height for accessory marine facilities at Base Flood Elevation (BFE) plus 7 feet. Town Code is silent on maximum height for accessory marine facilities; however, the definition of “boat lift” requires that in no case shall the lift be higher than the superstructure of the boat when lifted (Sec. 30-131). 2.Exempt personal watercraft (PWC) lifts (as defined in Sec. 30- 131) from the requirement that “in no case shall the lift be higher than the superstructure of the boat when lifted” or remove requirement from Town Code. Note that given the low profile of such PWCs, compliance is problematic unless a variance is sought by Applicant. Boat Lift is defined as “the bottom of the keel of any boat shall not be hoisted greater than one foot above the minimum seawall elevation. In no case shall the lift be higher than the superstructure of the boat when lifted.” (Sec. 30-131). Personal Watercraft lift (PWL) includes a mechanical/electrical device for lifting jet skis, canoes, kayaks or other small watercraft out of the water. (Sec. 30-131). Page 228 Proposed amendment Current Town Code regulation 3.Maximum seawall cap width of 3 feet and maximum 8 foot width for seawall cap plus dock, as measured from the property line. In waterways not regulated by the U.S. Army Corps of Engineers, docks and mooring structures shall not extend into any waterway more than five (5) feet. In waterways regulated by the U.S. Army Corps of Engineers, docks and mooring structures may extend to that distance allowed by said agency (Sec. 30- 68(g)a. and b.). Note that USACE regulates Intracoastal Waterway, canals and lakes in Town. 4.Encroachment into water is 25 ft or 25% of waterway width (measured from the shortest distance adjacent to property line) whichever is less. See No. 3 above. 5.10 foot side setback for all zoning districts. For lots less than 100 feet in width, setback is 10% of width; however, setback cannot be less than 5 ft. Single-family zoning districts: 25 foot side setback. For lots with a width of 50 feet or more but less than 70 feet, 15 foot side setback. For lots with less than fifty feet abutting the water, the planning board may grant a special exception for the installation of a seawall mounted davit type lifting device (but not a dock structure) after being satisfied as to the protection of neighboring property and no infringement of standard navigation practices. Multi-family Zoning districts are exempt from side setback (Sec. 30-68(g)(6)d.) 6.Require a ladder for every 50 feet of dock. Town Code is silent on ladders. Note that at the September 10, 2020 Planning Board meeting, staff provided, at the request of the Planning Board Chair, a discussion item that included other municipal piling height limits. Given the proposed amendment to the Town Code includes a maximum height for accessory marine facilities, the Commission may find the discussion memorandum helpful in the review and consideration of this introduction item (Attachment No. 2). Staff has also prepared a table that lists recent Town boat lift requests and their corresponding piling height and extension into the waterway (Attachment No. 3). The table also compares the applicable extension requirements for both the Cities of Pompano Beach and Boca Raton. The proposed amendment was reviewed by Applied Technology & Management, Inc. (ATM), a coastal and marine engineering consultant who has a Professional Services Agreement with the Town. A report was provided by Dr. Michael G. Jenkins, ATM’s Coastal Engineering Principal (Attachment No. 4). Dr. Jenkins indicates under item No. 1 of his report, that the Town’s requirement that all accessory marine facilities receive Planning Board approval (Sec. 30-68(g)) is not a common requirement and that Board approval is typically reserved for sites with special and unique circumstances. Note that Section 30-46 of the Town Code currently requires public notice for Planning Board hearings. Although not included in Mr. Babij’s Page 229 proposed amendment, the Town Commission should be mindful that if Commission consideration is given to reserving Planning Board approval only for those sites with special and unique circumstances, public notice provisions and public comment would only then apply to such special and unique sites. Those accessory marine facility requests that are not special and unique sites would be administratively approved by staff so long as they are consistent with Town Code regulations. For reference purposes, attached are the current regulations applicable to accessory marine facilities found in Section 30-68 (g) and (h) of the Town Code (Attachment No. 5). FISCAL IMPACT: N/A ATTACHMENTS: Attachment No. 1 – Draft report from Greg Babij Attachment No. 2 - Planning Board discussion memorandum – September 10, 2020 Attachment No. 3 - Recent Town boat lift requests table Attachment No. 4 - ATM report Attachment No. 5 - Section 30-68 (g) and (h) Town Code of Ordinances Ordinance Process flowchart RECOMMENDATION: At the discretion of the Commission. Page 230 DRAFT Proposed Revisions to Marine Accessory Ordinances Abstract: The existing marine accessory ordinances lack some detail and it is recommended they are enhanced to provide clarity on topics that have been a source of ambiguity and contention. Items like maximum allowable height of marine accessories, ambiguity around jetski lifts vs. boat lifts, and the process of dealing with marine accessories in where there is a discontinuity in the waterway (i.e corner lots, end of canals) have all been points of contention between residents and the Building Department, due to lack of detail. Additionally, this is an opportune time to consider revising certain other components of the current ordinances to address anticipated future conflicts or in some cases better conform with code used by surrounding towns. While reviewing the recommended changes, it may be beneficial to envision the concept of a 3- dimensional box that sits on the rear property line of any waterfront lot. Marine accessories must completely fit within the box to be permissible. Otherwise, they would be required to go through the process of obtaining a variance. Summary of Recommendations 1)Define a Maximum Allowable Height of Marine Accessories: Recommended Maximum Height: Base Flood Elevation plus 7 feet. There have been multiple debates around what is an acceptable height of boat lifts. The current codes only state that a boat lift shall not be higher than the superstructure of the boat when lifted, but is silent on how high up in the air the combined boat lift and boat can be. This leaves open the potential for installing boatlifts on top of excessively high pilings, as long as the boat lift is fully retracted so the boat will be higher than the lift itself. It is recommended that the “height” of the 3 dimensional box behind any waterfront property be Base Flood Elevation plus 7 feet. Referencing Base Flood Elevation allows the ordinance to be dynamic with sea level rise, as it is a reference datum that has been occasionally revised higher by the US Government in conjunction with the sea level. Pilings, and also the boat lift components must not be higher than this recommended maximum allowable height. 2)Amend existing language related to Jetski (Personal Watercraft) Lifts The current codes are excessively onerous for jetski lifts, relative to boat lifts. As Section 30-131 is written, the bottom of the keel of any boat shall not be hoisted greater than one foot above the minimum seawall elevation, and in no case shall the lift be higher than the superstructure of the boat when lifted. ATTACHMENT NO. 1 Page 231 Because of the low vertical profile of a jetski (3 feet) relative to the vertical profile of a boat lift (7 feet), a boat lift can be installed to hold a boat, but the very same boat lift would not be permissible if it is used to instead lift a jetski. It is recommended the current code be amended by either by removing the section that states in no case shall the lift be higher than the superstructure of the boat when lifted, or simply exempt jet skis (personal watercraft) from this code. 3)Define a maximum width of a seawall cap and also a maximum width of a dock out into the water. Recommended maximum new seawall cap width of 3 feet as measured from the property line Recommended maximum dock plus seawall cap width of 8 feet as measured from the property line As properties are redeveloped and seawalls are replaced, there exists the potential for residents to look to “extend” their effective usable property out into the water by building a new seawall outside of the existing seawall. There is also the potential for properties to get extended by pouring excessively wide seawall caps on top of new seawalls and building excessively wide docks. By limiting the maximum seawall cap width from the property line, and also the maximum distance the seawall cap plus dock can extend from the property line, the risk of one property owner effectively creating their own peninsula is minimized. It is recommended that the waterside edge of any new seawall cap be limited to 3 feet from the property line, whether it is on top of a new wall, or is a cap raise on top of an existing wall. Additionally, it is recommended that any new dock built is limited to a maximum distance of 8 feet out into the water as measured from the property line. This would allow for the outer edge of neighboring docks to all be limited to the same distance from the property line regardless of seawall cap size. For example, if a property has a 2 foot wide seawall cap, then that property would be allowed to have a 6 foot wide dock, and meet the maximum combined width of 8 feet. While if a neighboring property has a 3 foot wide seawall cap, they would be limited to a dock width of 5 feet. Lastly it is recommended that language be added into the code to limit the installation of no more than 1 new seawall outside of the original property seawall that abuts the property line. This eliminates the risk that new seawalls are repeatedly installed on the waters edge side of existing seawalls, which would effectively create a man-made peninsula. 4) Define a Maximum Distance that Marine Accessories can Extend into the Water Recommended Maximum Distance: The lesser of 25 feet from the property line or 25% of the waterway width. This recommendation can be thought of as the perpendicular edge of the 3 dimensional box, as measured from the property line straight out into the water. The town codes [Sec. 30-68(g)(6)a and b] simply defer to the Army Core of Engineers for approval of distance into water. It is recommended that the maximum distance be limited to the lesser of 25 feet or Page 232 25% of the width of the canal or waterway. Additionally, this distance will be measured from the shortest distance between the two properties in question. This maximum distance of 25 feet is not an arbitrary value. It was chosen to allow residents to mix and match combinations of seawall cap widths, dock widths and boat lift widths of reasonable size without having to obtain a variance. The chart below shows the various widths of boatlifts ranging from small boats to very large boats. For illustration, a typical 40 ft powerboat may weigh 30,000 to 40,000 lbs., and that lift is 16 ft wide (center to center) which is 17 ft wide when measured to the outsides of all pilings. This very standard lift size could be installed at any home that has also conformed to the recommended seawall cap and dock widths, and stay at the 25 ft maximum distance: 3 ft seawall cap + 5 foot dock + 17 foot boatlift = 25 ft. On the larger end of the spectrum, a 120,000 lb boatlift could hold about the largest size boat an owner would probably want to be able to lift behind a residential property. That boatlift is 22 ft wide center to center, which would be 23 feet wide to the outsides of the pilings. This “mega lift” could still fit in a back yard, but it would have to be right up against a seawall cap, as there is no room for a dock. Early seawall caps were 2 feet wide, and newer caps are 2.5 feet to 3 feet wide. Also note this lift could be installed at a property that has a 3 foot new cap, by notching out 1 foot where the inside pilings are installed. And again this is an extreme outlier example. A much more typical boat lift for very large boats would be a 50,000 or 60,000 or even possibly an 80,000 lb. lift and the widths there easily stay within the maximum 25 foot threshold with a 3 foot wide seawall cap. I am not sure Highland Beach has ever had a request to install an 80,000 or 120,000 lb. boatlift, as those are a very rare size. 5)Amend Side setbacks to utilize a smoothed definition instead of the complicated step function definition. Additionally apply the new definition to all property types. The current town codes utilize a step function where the side setbacks jump at discrete intervals. For example, if a single family zoned property is 71 feet wide, the side setbacks are 25 feet on each side. Comparatively, if a single family zoned property is 69 feet wide, the side setbacks are 15 feet on each Page 233 side. Additionally, there exists a different set of side setbacks for single family zoning vs multi-family zoning. Multi-family zoning has a zero foot setback. It is recommended that the side setbacks be a smoothed function and are less for smaller properties so as to enhance the ability to utilize the water frontage. It is also recommended that the same set of rules apply to all properties equally, regardless of zoning. Recommendations for Side setbacks: -For properties with waterline length of 100 feet or more: 10 foot side setback on either side. This setback matches surrounding towns such as Boca Raton, Hillsboro Beach, and Ocean Ridge. -For properties with waterline length of less than 100 feet: the side setbacks are proposed to be 10% of property waterline length on either side, with a minimum setback of 5 feet, on either side. Utilizing this framework, a 71 foot wide property would have side setbacks of 7.1 feet, and a 69 foot property would have side setbacks of 6.9 feet. Lastly, it is recommended that the current code clarify that with measurements will be made based on the assumption that a lot line is extended beyond said pro perty line on a line perpendicular to the seawall or bulkhead. This clarification will provide clarity when measurements are being made with properties that have lot lines that are not perpendicular to the seawall, such as pie shaped lots. 6) Require a Ladder for every 50 feet of dock. This is simply a requirement in most surrounding towns and our code is silent. 7)Strengthen existing language on the approval process of marine accessories in areas where there is a discontinuity in the waterway by acknowledging that they are a “special case” and external expertise will be utilized. The majority of conflicts are associated with areas where there is a discontinuity in the waterway such as an abrupt restriction in the waterway width, end of canals, or corner lots or lots that extend into a waterway. The current code is a bit nebulous around these more complicated properties, and in some cases boatlifts have previously been installed in locations where one property owner is inadvertently restricting or blocking an adjacent property owner of the ability to also install a boatlift. This situation was discussed extensively with the Marine Consultant, and in his expert opinion, no code can be written to address every possible potential scenario within the town. His recommend course of action is to treat any property that has a small water frontage (perhaps less than 50 feet) or that has a discontinuity in the waterway as “a special case.” In these special cases, the standard procedure will be to consult with a marine expert who will make recommendations to the planning board on locations and maximum permissible sizes of marine accessories, with the intention of making sure all surrounding property owners are not having their ability to also utilize the waterway restricted. The code already allows for outside experts for review of development approval requests via Sec. 30-12. The recommended code change is simply to clarify to all parties that a consultation with a marine consultant along with a consultant recommendation to the planning board will be part of the approval process in these special cases. Page 234 The planning board can then decide what will be permitted. If a resident disagrees with the planning board’s approval, and feels that their access is being restricted as a result of a marine accessory installation, they can seek remedy through the court system. Page 235 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Virtual Planning Board Meeting MEETING DATE 9/10/2020 SUBMITTED BY: Ingrid Allen, Town Planner, Building Department SUBJECT: Discussion on piling height limits and Town Code deficiencies pertaining to accessory marine facilities. BACKGROUND: On August 15, 2020, Planning Board Chairperson, David Axelrod, made the following two inquiries to Town staff: 1.Whether other local municipal codes provide height limits on pilings; and 2.Whether there are any other deficiencies in the Town Code as it pertains to accessory marine facilities. Staff was directed by Town Manager, Marshall Labadie, to proceed with preliminary research on these inquiries. SUMMARY: Height limits on pilings: The Town of Highland Beach’s Code of Ordinances does not provide height limits for boat lift pilings. Upon staff review of the municipal codes for Boca Raton, Delray Beach, Manalapan, North Palm Beach and Ocean Ridge, no provisions for lift piling height were found. The municipal codes of Sanibel and Cape Coral both provide height provisions for mooring pilings as provided in Table 1 below (Note that Cape Coral also provides a maximum elevation provision for “pilings”). Jupiter Island’s municipal code states for pilings supporting a dock or used in conjunction therewith shall not be higher than eight feet above mean high water. Moreover, Jupiter Island provides hoisting and daviting provisions for boats as follows: Section 3.07F.(b) No boat shall be hoisted or davited to such a height that the top of the main superstructure, but not including masts, antennas, outriggers or other attachments to said boat, shall be more than eight feet above mean high water, and no boat exceeding 31 feet in overall length shall be hoisted or davited from the water and supported by a dock, unless approved by the impact review committee using the standards set forth in article X, division II, section 2.04 (see Attachment No. 1) The municipal code for Lighthouse Point contains provisions for the number of individual pilings which may be installed adjacent to any property as provided in Table 2 below. ATTACHMENT NO. 2 Page 236 TABLE 1 MUNICIPALITY PILING HEIGHT PROVISION NOTES Sanibel Height of mooring pilings, maximum ten feet above mean high water (Sec. 126-886). “Mooring Piling” is not defined in Sanibel’s Municipal Code. Cape Coral Mooring Pilings shall not be higher than eight feet above mean high water (Section 5.4.5.). “Mooring Piling” is not defined in Cape Coral’s Municipal Code. The elevation of pilings shall not exceed 10 feet above the seawall cap or, if no seawall exists, 13 feet above mean water level (Section 5.4.2.). Jupiter Island Pilings supporting a dock or used in conjunction therewith shall not be higher than eight feet above mean high water (Section 3.07C1.b.) TABLE 2 LIGHTHOUSE POINT: Section 42-380(d)(1) The number of individual pilings which may be installed adjacent to any property shall be as follows: Properties With Eight (8) Foot Side Setbacks Properties With Seven and One-Half (7½) Foot Side Setbacks Linear Feet of Frontage Along Water Maximum # of Pilings Allowed Linear Feet of Frontage Along Water Maximum # of Pilings Allowed 0—60 0 0—60 0 Over 60—136 2 Over 60—135 2 Over 136—176 3 Over 135—175 3 Over 176 + 4 Over 175 + 4 Page 237 Deficiencies: Section 30-68 (g)(6)d.2. of the Town Code provides for a contradictory provision regarding the side yard setback requirement for accessory marine facilities in multifamily zoning districts. This section currently reads as follows: Multifamily zoning districts: Five (5) feet, measured from the perimeter property lines. In multifamily residential zoning districts, marine facilities shall be exempt from side yard setback requirements for all interior lot lines. Initially, the provision states that a five (5) foot setback is applicable; however, the second sentence exempts multifamily residential zoning districts from the side yard setback requirement. While this conflicting text could be addressed independently from the other accessory marine facility regulations, staff suggests that a marine consultant be retained to holistically assess the current Town Code regulations pertaining to accessory marine facilities and determine deficiencies. Marine consultant considerations could include whether provisions for lift piling height or hoisting of boats, along with corresponding definitions, should be incorporated into the Town Code. FISCAL IMPACT: N/A ATTACHMENTS: Attachment No. 1 – Jupiter Island standards for impact review. RECOMMENDATION: Board discussion. Page 238 Jupiter Island ATTACHMENT NO. 1 Sec. 2.04. - Standards for impact review of hoisted boats in excess of 31 feet in length or in excess of eight feet in height above mean high water. The decision-maker shall approve an application for a hoisted boat that exceeds the maximum length and/or height if the applicant demonstrates that: A.The proposed hoisted boat will not adversely affect the public interest; and B.The proposed hoisted boat is consistent with the surrounding neighborhood character; and C.The visibility of the proposed hoisted boat from public rights -of-way and adjacent properties is minimized in a manner that is consistent with the surrounding neighborhood character; and D.The landscape buffer along the side property lines minimizes the visibility of the proposed hoisted boat; and E.The proposed hoisted boat will not cause substantial injury to the value of any other property in the neighborhood where it is to be located; and F.The proposed hoisted boat will be compatible with adjoining properties and the intended purpose of the district in which it is to be located; and G.The proposed hoisted boat will not result in an obvious departure from the aesthetic character of the neighborhood; and H.The proposed hoisted boat is situated in a manner that does not materially obstruct the waterfront views from neighboring property; and I.The proposed hoisted boat will be associated with a dock which is conformin g to all town regulations; and J.The proposed hoisted boat does not exceed 41 feet in length or contain more than two levels. (Ord. No. 342, § 2, 9-17-13) Page 239 BOAT LIFTS REQUESTS ADDRESS # OF PILINGS HEIGHT OF PILING/TOP OF LIFT BEAM1 LIFT EXTENDS INTO WATERWAY (FROM PL) POMPANO BCH REGULATIONS FOR EXTENDING INTO WATERWAY (FT)2 BOCA RATON REGULATIONS FOR EXTENDING INTO WATERWAY (FT)3 NOTES 2021 4205 Intracoastal Dr APPROVED 8 5’/6’6” 25’ 20 (Approx. 145 ft width of waterway) 20 4408 Intracoastal Dr APPROVED 0 0/6’6” 18’ 18.6 (Approx. 93 ft width of waterway) 20 4206 Intracoastal Dr APPROVED 4 5’/6’6” 18.5’ 20 (Approx. 100 ft width of waterway) 20 1118 Bel Air Dr APPROVED 0 0/7’8” 16 20(Approx. 155 ft width of waterway) 20 2020 1006 Grand Ct DENIED 10 7’/8’6” 18’6” 20 (Approx. 150 ft width of waterway) 20 4318 S Ocean Blvd APPROVED 0 0/7’3” 20’ 20 (Approx. 100 ft width of waterway) 20 2019 2727 S. Ocean Blvd (slip 5A and 5B) APPROVED 4 Not provided on plans 33’9” (SEE NOTES) 20 (Approx. 316 ft width across ICW) 20 Extension into waterway was measured from seawall. Note that property line is west of seawall, in the water. 4014 S. Ocean Blvd APPROVED 4 Not provided on plans 21’6” (SEE NOTES) 20 (Approx. 337 ft width across ICW to dock) 20 Extension into waterway was measured from dock. Note that property line is west of dock, in the water. 1Measured from the dock. 2Pompano Beach allows lift to extend to a distance 20% of the width of the waterway or 20 feet, whichever is less. 3Boca Raton allows lift to extend to a distance 25% of the width of the waterway or 20 feet, whichever is less. For portions of a boat lift constructed beyond 20 percent of the width of the canal, only wood pilings may be utilized and no part of a boat lift structure shall extend beyond the face of the wood pilings nearest the canal center. PL – Property Line FT – Feet Note: Neither Pompano Beach nor Boca Raton code regulations provide for a maximum piling height. ATTACHMENT NO. 3 Page 240 ATTACHMENT NO. 4 Page 241 2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041 2/11/22 Ingrid Allen Town Planner Town of Highland Beach 3614 S. Ocean Boulevard Highland Beach, FL 33487 Re: Accessory Marine Facility Code Amendments Relative to Boat Lifts Town of Highland Beach Ms. Allen, This correspondence is provided as additional discussion and opinion regarding changes to Town of Highland Beach code relative to ‘Accessory Marine Structures’ and specifically boat lifts as defined within sec. 30-68 of municipal code. Items are discussed relative to potential changes to specific requirements of the current code. 1. Requirement for Accessory Marine Facilities to receive Planning Board approval The requirement that all accessory marine facilities receive planning board approval (ref. Sec. 30-68 Supplemental district regulations (g)(3)) is not a common requirement within coastal communities. Boat lifts are generally allowed with restrictions without planning board approval. Board approval is typically reserved for sites with special and unique circumstance (see item 6. below) or for variance requests from the standard provisions defined in code. The requirements for lift installation are generally defined by code in terms of limitations to the location (setback) and overall size of the structure. These limitations meet the intent to minimize impacts to adjacent properties, allow for safe navigation and minimize impacts to view. 2.Requirement of setbacks for all zoning districts Page 41 Page 242 Page 2 of 3 2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041 Requirements for minimum setbacks for all zoning districts are a standard practice and are a key provision to meet the intent to minimize impacts to adjacent properties, allow for safe navigation and minimize visual impacts. The zero-foot setback for multi-family zoning within the Town’s current code is anomalous and does not provide a sufficient setback to meet the intent. Required minimum setbacks for boatlifts and docks vary considerably by jurisdiction. The nominal width of lots within a municipally are generally relevant to this provision. Areas with larger lots tend to have larger setback requirements, while areas with smaller lots have lesser setback requirements to allow for reasonable use. 3.Limits to waterway encroachment Limitations to the distance structures can encroach into a waterway are a standard practice and meet the intent to allow for safe navigation and minimize impacts to adjacent properties and views. Encroachment maximum distances on the order of 25 feet (relative to the waterway edge) are fairly common, though additional restrictions for narrow waterways are also common practice. In general, a fifty-foot effective fairway width is a common design standard for residential canals. 4.Limitations to pile maximum height Limitations to maximum pile height is not a common practice but does meet the intent to minimize impacts to view. This approach also addresses a related issue relative to overall vessel size. Limitations to pile height restrict the ability to lift vessels beyond a certain size which addressed both issues of view and waterway navigability. In terms of maximum height, it should be defined relative to a fixed vertical datum. Pile heights generally on the order of 12 feet (NAVD 88) (which equates to something on the order of 8 feet above dock height) meet the lifting requirements for most vessels. 5.Limits to seawall cap and dock width Limitations to Sewall cap and dock total width meets the intent to limit impacts to adjacent properties, waterway navigability and view. A total width of 8 feet (inclusive of the seawall cap and dock) is consistent with general practice. Page 42 Page 243 Page 3 of 3 6.Special and unique circumstances - Sewall discontinuities and corner lots Regulation of boat lifts through minimum setbacks, size and height limitations are generally sufficient to meet the intent to minimize impacts to adjacent properties, allow for safe navigation and minimize impacts to view for waterways that are generally unform in dimension adjacent to the regulated property. The majority of conflicts are associated with areas where there is a discontinuity in the waterway such as an abrupt restriction in the waterway width, corner lots or lots that extend into a waterway. Application of uniform code provisions to address these areas are problematic as each circumstance is unique and requires consideration of the specific current and intended use and access to the waterway. These issues are further complicated by the range of boat types, sizes and performance characteristics which may be germane to both the use and potential for impact to adjacent properties. Such instances likely warrant further consideration by the Planning Board. Sincerely, Applied Technology & Management, Inc. Michael G. Jenkins, Ph.D., P.E. Coastal Engineering Principal Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. Michael G Jenkins Digitally signed by Michael G Jenkins Date: 2022.02.24 09:00:36 -05'00' 2047 Vista Parkway, Suite 101 | WestPage 43 Palm Beach, FL 33411 | 561.659.0041 Page 244 Sec. 30-68. - Supplemental district regulations. (g)Accessory marine facilities: (1)Accessory use. Accessory marine facilities, including docks, piers, launching facilities, boat basins, freestanding pilings and lifting and mooring devices, are permitted as accessory uses in all residential zoning districts. Accessory marine facilities shall be reviewed as special exceptions by the planning board which shall be the final authority on all applications unless the accessory marine facility is part of a site plan submittal or other application requiring town commission approval as provided for in section 30-36. a.Accessory marine facilities shall not be used for commercial purposes. b.Accessory marine facilities shall be used only by residents or their guests, and shall not be rented or leased to nonresidents or any other person other than owners or residents of the principal dwelling or dwellings. For the purpose of this section, the term guest shall mean a person or persons residing in a dwelling unit for a limited period of time, not to exceed a period of sixty (60) days within one calendar year, at the invitation of the owner or resident of the dwelling. c.Accessory marine facilities shall not be a hazard to navigation. (2)Boat basins. Boat basins are allowed in all zoning districts and reviewed by a special exception, subject to the additional standards listed below: a.The edge of any improvements associated with a boat basin shall be located at least twenty -five (25) feet from side property lines. b.The total length of improvements associated with a boat basin shall not exceed one-third (33.3%) of the length of the property line in which the basin is located. c.Not more than twenty-five (25) percent of any boat moored in a boat basin may extend waterward of property line in which the basin is located. d.The town, at the expense of the applicant, may utilize appropriate marine, engineering, construction, and related professionals to review all aspects of such application. Such professionals shall be utilized to ensure compliance with the requirements herein, to ensure a proposed basin will not be a hazard to navigation, and to ensure a proposed boat basin will not pose a potential hazard, via erosion or other action, to the stability of neighboring properties. (3)Lifting devices. The installation of lifting devices or other means of securing boats (but not a boat dock) is allowed in all zoning districts. In addition to the requirements for a special exception, the planning board must also find that the lifting device will provide adequate protection of neighboring property and that there is no infringement of standard navigational practices. (4)Boats and setbacks. When moored, any portion of a boat shall not extend beyond any property line, as extended waterward. (5)Enclosures. Accessory marine facilities shall not be enclosed with walls, roofs, or any other structures or improvements. (6)Installation. Accessory marine facilities shall comply with the installation standards listed below: a.In waterways not regulated by the U.S. Army Corps of Engineers, docks and mooring structures shall not extend into any waterway more than five (5) feet. b.In waterways regulated by the U.S. Army Corps of Engineers, docks and mooring structures may extend to that distance allowed by said agency. ATTACHMENT NO. 5 Page 245 c.Measurement of the width or length of a dock, as applicable, shall be made from the property line. d.Marine facilities shall comply with the side yard setbacks listed below. 1.Single-family zoning districts: Twenty-five (25) feet; provided, however, the side yard setback shall be fifteen (15) feet for any single-family lot with a lot width of fifty (50) feet or more but less than seventy (70) feet. For those lots with less than fifty (50) feet abutting the water, the planning board may grant a special exception for the installation of a seawall mounted davit type lifting device (but not a dock structure) after being satisfied as to the protection of neighboring property and no infringement of standard navigation practices. 2.Multifamily zoning districts: Five (5) feet, measured from the perimeter property lines. In multifamily residential zoning districts, marine facilities shall be exempt from side yard setback requirements for all interior lot lines. (7)Perpendicular docking. Unless otherwise provided herein, boats shall not be moored or docked perpendicular to the property at which they are located. a.A boat moored at the landward end of a canal constructed for boat docking purposes may be moored perpendicular to the property line, provided such mooring does not impede the navigation of adjacent property owners. b.A boat moored in the Intracoastal Waterway may be moored perpendicular to the property line, subject to approval by the U.S. Army Corps of Engineers. c.A request for perpendicular docking of a boat in a canal shall be considered as a special exception by the planning board. Applications for development order approval of perpendicular docking of boats shall be subject to all standards applicable to a special exception request, and the additional criteria contained herein: 1.Location of docks, docked boats, and relation to side setbacks shall be established by the waterward extension of property lines. 2.Perpendicular docking of boats shall not interfere with navigation of other boats within the affected canal, and will not be a hazard to navigation. 3.Perpendicular docking of boats shall comply with all setbacks required for accessory marine facilities. 4.Docks or accessory mooring facilities approved by the planning board for perpendicular docking of boats may exceed the maximum extension into a waterway allowed for accessory marine facilities. 5.The building official or planning board may request evidence, prepared by a recognized marine expert, demonstrating the following: i.Proposed perpendicular docking and related accessory marine facilities will not reasonably deny or otherwise limit the ability of abutting or adjacent property owners to construct accessory marine facilities; ii.Proposed perpendicular docking and related accessory marine facilities will not reasonably deny or otherwise limit the normal ability of abutting or adjacent property owners to moor, maneuver, use or otherwise move a boat; and iii.Proposed perpendicular docking and related accessory marine facilities will not deny reasonable visual access of abutting property owners to public waterways. Page 246 (h)Dolphins, freestanding pilings, boat lifts, docks, and moorings: (1)Installation. In order to be installed, dolphins, freestanding pilings, boat lifts, docks, and moorings (collectively "mooring facilities") shall comply with all standards listed below: a.The installation shall be subject to special exception approval by the planning board at an advertised public hearing. b.The mooring facilities will be located in a canal or waterway at least eighty (80) feet in width. c.The mooring facilities will not create a hazardous interference with navigation, endanger life or property, or deny the public reasonable visual access to public waterways. d.Construction of all mooring facilities shall require a building permit. (2)Public notice. In addition to the requirements of section 30-46, written notice must be provided by first class mail to owners of property abutting the canal and located within five hundred (500) feet, as measured from both property lines along the canal bank, of the property in question. (3)Documentation. The building official or planning board may request evidence, prepared by a recognized marine expert, demonstrating the proposed mooring facilities will not be a hazard to navigation and will not deny reasonable visual access to public waterways. (4)Adjacent property. Installation of the mooring facilities shall not cause a hazardous interference with navigation, endanger life or property, or deny the adjacent property owners or public reasonable visual access to the public waterway. (5)Navigation. Installation of such mooring facilities shall not infringe upon standard navigational practices that are or may be used by abutting property owners. (6)Floating docks. Floating docks are permitted, subject to conformance with all zoning code requirements herein and compliance with all applicable building codes. Sec. 30-131. - Definitions of terms. Boat lifts means the bottom of the keel of any boat shall not be hoisted greater than one foot above the minimum seawall elevation. In no case shall the lift be higher than the superstructure of the boat when lifted. Note that Section 30-131 has several accessory marine facility-related definitions including “dock, residential,” “dolphin pilings,” etc. Page 247 ORDINANCE INITIATION The initiation of a new ordinance may originate from several different sources: Commissioner/Staff initiative Citizen concerns expressed through public comments Response to state and federal actions Advisory Board Initiative INTRODUCTION TOWN COMMISSION A proposal for a new ordinance is presented to the commission for consideration. If approved in concept, the commission directs Town Manager and Town Attorney to research the subject matter and create a draft ordinance. Draft ordinance forwarded to the appropriate Advisory Board for recommendation. Staff/Legal Team Research & Draft Ordinance ADVISORY BOARD(S) The appropriate advisory board review and proposes any edits draft ordinance. This process may involve multiple meetings for review and to solicit public comments. Once a draft is settled upon, the advisory board provides and recommendation with the final draft to the commission for consideration for a First reading. TOWN COMMISSION ‐‐ 1st READING Commission discusses the public merits of the ordinance along with the recommendations of the assigned advisory board(s). Public input provided. Commission may move forward to 2nd Reading/Public Hearing or may send back to advisory board and/or staff for modifications or additional research. TOWN COMMISSION ‐‐ 2nd READING/PUBLIC HEARING After public hearing and final discussion, the commission votes to approve and enact ordinance. The Commission may request additional modifications. TOWN STAFF ‐‐ ADOPTION & IMPLEMENTATION Page 248 Page 249 Page 250 Page 251 Page 252 Page 253 Page 254 Page 255 Page 256 Page 257 Page 258 Page 259 Page 260 Page 261 Page 262 Page 263 Page 264 Page 265 Page 266 Page 267 Page 268 Page 269 Page 270 Page 271 Page 272 Page 273 Page 274 Page 275 Page 276 Page 277 Page 278 Page 279 Page 280 Page 281 Page 282 Page 283 Page 284 Page 285 Page 286 Page 287 Page 288