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2025.01.21_TC_Agenda_Regular
1 TOWN OF HIGHLAND BEACH TOWN COMMISSION MEETING AGENDA Tuesday, January 21, 2025 AT 1:30 PM TOWN HALL COMMISSION CHAMBERS, 3614 S. OCEAN BLVD., HIGHLAND BEACH, FL Town Commission Natasha Moore Mayor David Stern Vice Mayor Evalyn David Commissioner Donald Peters Commissioner Judith M. Goldberg Commissioner Marshall Labadie Town Manager Lanelda Gaskins Town Clerk Leonard G. Rubin Town Attorney 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. INVOCATION None. 5. APPROVAL OF THE AGENDA 6. PRESENTATIONS / PROCLAMATIONS None. 7. PUBLIC COMMENTS Public Comments will be limited to five (5) minutes per speaker. Page 1 Town Commission Meeting Agenda January 21, 2025 2 8. ORDINANCES (Public Comments will be limited to three (3) minutes per speaker per item after Commission initial discussion.) A. Ordinance No. 2025-001 / Amending the Town Zoning Code (Chapter 30) relating to Home-based Businesses (Second Reading/Public Hearing) An Ordinance of the Town Commission of the Town of Highland Beach, Florida, amending Section 30-67, "Uses Permitted, Special Exception, and Prohibited Uses," and Section 30-131, "Definitions of Terms," of Chapter 30, "Zoning Code," of the town code of ordinances to rename the existing home occupation use to "Home-Based Businesses" and modify the regulations to ensure consistency with state law, providing for the repeal of all ordinances in conflict; providing for severability and codification; and providing for an effective date (First Reading was December 17, 2024). B. Ordinance No. 2025-002 / Amendment to the Accessory Marine Facilities (AMF) and seawall regulations (Second Reading/Public Hearing) An Ordinance of the Town Commission of the Town of Highland Beach, Florida, amending Chapter 6, "Buildings and Structures," of the town code of ordinances by amending Section 6-128, "approval required for bulkheads, seawalls, retaining walls; required notification of abutting property owners," to provide a maximum seawall cap and docket width; amending Chapter 30, "Zoning," by amending Section 30-68, "Supplemental District Regulations," to provide a maximum height for boat lifts, a maximum extension for accessory marine facilities into canals and lakes, a maximum seawall cap and dock width, and ladder regulations and amending Section 30-131, "Definition of Terms," to provide definitions that pertain to accessory marine facilities; providing for the repeal of all ordinances in conflict; providing for severability and codification; and providing for an effective (First Reading was December 17, 2024). 9. CONSENT AGENDA (These are items that the Commission typically does not need to discuss individually, and which are voted on as a group.) Public Comments will be limited to three (3) minutes per speaker per item after Commission initial discussion. A. Approval and authorization for the purchase and installation of VTScada Software by Control System Design, Inc. in an amount not to exceed $87,695.00 for the Water Treatment Plant – Fiscal Year 2025 Planned and Approved Project. B. Town staff is seeking authorization of a budget amendment in the amount of $155,871.78 for emergency generator repairs by Pantropic Power. Page 2 Town Commission Meeting Agenda January 21, 2025 3 10. UNFINISHED BUSINESS (Public Comments will be limited to three (3) minutes per speaker per item after Town Commission initial discussion.) A. Florida Department of Transportation (FDOT) RRR Project Update B. Sanitary Sewer Lining Rehabilitation Project Update 11. NEW BUSINESS (Public Comments will be limited to three (3) minutes per speaker per item after Town Commission initial discussion.) A. Resolution No. 2025-001 A Resolution of the Town Commission of the Town of Highland Beach, Florida, approving and adopting the 2024 Revised Palm Beach County Local Mitigation Strategy Plan; and providing for an effective date. B. Resolution No. 2025-002 A Resolution of the Town Commission of the Town of Highland Beach, Florida, providing for the permanent retention of all public records relating to Building Permits and Land Development Applications and Approvals; providing for conflicts; providing for severability; and providing for an effective date. C. Resolution No. 2025-003 A Resolution of the Town Commission of the Town of Highland Beach, Florida, designing the Palm Beach County Canvassing Board as the Town's Canvassing Board for the March 2025 General Municipal Election; providing for conflicts; and providing for an effective date. D. Regulation of Floating Vessel Platform and Floating Boat Lifts Legal Opinion by Attorney Rubin 12. TOWN COMMISSION COMMENTS Commissioner Judith M. Goldberg Commissioner Donald Peters Commissioner Evalyn David Vice Mayor David Stern Mayor Natasha Moore 13. TOWN ATTORNEY’S REPORT 14. TOWN MANAGER’S REPORT Page 3 Town Commission Meeting Agenda January 21, 2025 4 15. ANNOUNCEMENTS Board Vacancies Board of Adjustment and Appeals Board One (1) vacancy for a three- year term Code Enforcement Board One (1) for a three-year term and One (1) vacancy for an unexpired ending May 30, 2025 Meetings and Events January 29, 2025 11:00 A.M. Natural Resources Preservation Advisory Board Regular Meeting February 04, 2025 1:30 P.M. Town Commission Meeting February 05, 2025 11:00 A.M. Natural Resources Preservation Advisory Board Regular Meeting Board Action Report None. 16. ADJOURNMENT NOTE: Any person, firm or corporation decides to appeal any decision made by the Town Commission 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 to be 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 record. In accordance with the Americans with Disabilities Act, persons who need accommodation in order to attend or participate in this meeting should contact Town Hall 561 -278-4548 within a reasonable time prior to this meeting in order to request such assistance. Page 4 File Attachments for Item: A. Ordinance No. 2025-001 / Amending the Town Zoning Code (Chapter 30) relating to Home-based Businesses (Second Reading/Public Hearing) An Ordinance of the Town Commission of the Town of Highland Beach, Florida, amending Section 30-67, "Uses Permitted, Special Exception, and Prohibited Uses," and Section 30-131, "Definitions of Terms," of Chapter 30, "Zoning Code," of the town code of ordinances to rename the existing home occupation use to "Home-Based Businesses" and modify the regulations to ensure consistency with state law, providing for the repeal of all ordinances in conflict; providing for severability and codification; and providing for an effective date (First Reading was December 17, 2024). Page 5 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission MEETING DATE January 21, 2025 SUBMITTED BY: Lanelda Gaskins, Town Clerk’s Office SUBJECT: Ordinance No. 2025-001 / Amending the Town Zoning Code (Chapter 30) relating to Home-based Businesses (Second Reading/Public Hearing) An Ordinance of the Town Commission of the Town of Highland Beach, Florida, amending Section 30-67, "Uses Permitted, Special Exception, and Prohibited Uses," and Section 30-131, "Definitions of Terms," of Chapter 30, "Zoning Code," of the town code of ordinances to rename the existing home occupation use to "Home-Based Businesses" and modify the regulations to ensure consistency with state law, providing for the repeal of all ordinances in conflict; providing for severability and codification; and providing for an effective date (First Reading was December 17, 2024). . SUMMARY: At the December 17, 2024 Town Commission meeting, the Commission considered on first reading the proposed ordinance amending Section 30-67, "Uses Permitted, Special Exception, and Prohibited Uses," and Section 30-131, "Definitions of Terms," of Chapter 30, "Zoning Code," of the town code of ordinances to rename the existing home occupation use to "Home - Based Businesses" and modify the regulations to ensure consistency with state law. A motion was made a seconded by Commissioner David and Vice Mayor Stern to approve the proposed ordinance, which passed unanimously on a 4 to 0 vote. Ordinance No. 2025-001 was advertised in accordance with Florida Statutes on January 11, 2025. Therefore, Ordinance No. 2025-001 is before the Town Commission for adoption on second/final reading. FISCAL IMPACT: None. ATTACHMENTS: Page 6 Ordinance No. 2025-001 and Legal Advertisement Affidavit Staff Memorandum of the December 17, 2024 Town Commission Meeting and supporting documents RECOMMENDATION: Adopt Ordinance No. 2025-001 on second/final reading. Page 7 TOWN OF HIGHLAND BEACH 1 ORDINANCE NO. 2025-001 2 3 4 AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, 5 FLORIDA, AMENDING SECTION 30-67, “USES PERMITTED, 6 SPECIAL EXCEPTION, AND PROHIBITED USES,” AND 7 SECTION 30-131, “DEFINITIONS OF TERMS,” OF CHAPTER 30, 8 “ZONING CODE,” OF THE TOWN CODE OF ORDINANCES TO 9 RENAME THE EXISTING HOME OCCUPATION USE TO 10 “HOME-BASED BUSINESSES” AND MODIFY THE 11 REGULATIONS TO ENSURE CONSISTENCY WITH STATE 12 LAW; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN 13 CONFLICT; PROVIDING FOR SEVERABILITY AND 14 CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. 15 16 17 WHEREAS, the Town of Highland Beach, Florida, is a duly constituted municipality 18 having such power and authority conferred upon it by the Florida Constitution and Chapter 166, 19 Florida Statutes; and 20 WHEREAS, through the enaction of Chapter 2021-202, Laws of Florida, the Florida 21 Legislature adopted Section 559.955, Florida Statutes, restricting the ability of local governments 22 to regulate home-based businesses; and 23 WHEREAS, Section 559.955, Florida Statutes, specifically prohibits local governments 24 from enacting or enforcing any ordinance, regulation, or policy in violation of the restrictions set 25 forth therein and allows any adversely affected current or prospective home-based business to file 26 suit against the Town for a violation of the state-mandated restrictions and awards attorney’s fees 27 and costs to the prevailing party in any such action; and 28 WHEREAS, the Town Commission wishes to revise its restrictions applicable to home 29 occupations (renamed home-based businesses) to comply with the provisions of Section 599.955, 30 Florida Statutes; and 31 WHEREAS, the Town Commission determines that the adoption of this Ordinance 32 benefits the health, safety, and welfare of the residents of the Town of Highland Beach. 33 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE 34 TOWN OF HIGHLAND BEACH, FLORIDA, AS FOLLOWS: 35 Section 1. The foregoing facts and recitations contained in the preamble to this 36 Ordinance are hereby adopted and incorporated by reference as if fully set forth herein. 37 Page 8 Ordinance No. 2025-001 2 Section 2. The Town Commission hereby amends Article IV, “Zoning Districts,” and 1 Article VIII, “Definitions,” of Chapter 30, “Zoning Code,” of the Town Code of Ordinances as 2 follows (additional is underlined and deleted is stricken through): 3 4 Sec. 30-67. – Uses permitted, special exception, and prohibited uses. 5 *** 6 (b) Uses not listed. Unless otherwise provided by this chapter, uses not listed in Table 30-4 are 7 prohibited in the Town of Highland Beach. 8 Table 30-4 9 Permitted Uses 10 Legend 11 SP = Site Plan Approval Required X = Prohibited SE = Special Exception Town Commission Approval Required P = Permitted SEP = Special Exception Planning Board Approval Required USE CATEGORY RE RS RM L RM M RM H RP U D GS D Additional Standards (See Notes) RESIDENTIAL Dwelling, Single-family, Detached SP SP SP SP SP SP X Dwelling, Single-family, Attached X X SP SP SP SP X Dwelling, Single-Family, Zero Lot Line X X SE SE SE SE X (1) Dwelling, Multiple-Family X X SP SP SP SP X Dwelling, Patio or Villa X X SP SP SP SP X Dwelling, Three-Family (Triplex) X X SP SP SP SP X Dwelling, Townhouse X X SP SP SP SP X Dwelling, Two-Family (Duplex) X X SP SP SP SP X Dwelling, Mobile Home X X X X X X X Accessory Dwellings P P P P P P P (2) Guardhouse, Residential P P P P P P X (3) Home-based Businesses Occupation P P P P P P X (4) Timeshare Residence X X X X X X X Accessory Uses P P P P P P P 12 *** 13 (4) Home-based businesses occupations. A business that operates from a residential 14 property is permitted. A business is considered a home-based business if it operates, in 15 whole or in part, from a residential property and meets the following standards: 16 Page 9 Ordinance No. 2025-001 3 1 a. Employees of the business who work at the residential dwelling must also reside 2 in the residential dwelling, except that up to a total of two (2) employees or 3 independent contractors who do not reside at the residential dwelling may work at 4 the business. The business may have additional remote employees who do not 5 work at the residential dwelling. 6 7 b. Parking for the home-based business must comply with the provisions of article 8 IV, Chapter 30 of the Town code. Additionally, the need for parking generated by 9 the business may not be greater in volume than would normally be expected at a 10 similar residence where no business is conducted, and vehicles and trailers used in 11 connection with the business must be parked in legal parking spaces that are not 12 located within the right-of-way, on or over a sidewalk, or on any unimproved 13 surfaces at the residence. 14 15 c. Parking or storage of heavy equipment at the home-based business shall not be 16 visible from the street or neighboring property. For the purposes of this 17 subsection, “heavy equipment” means commercial, industrial, or agricultural 18 vehicles, equipment, or machinery. 19 20 d. External modifications made to a residential dwelling to accommodate a home-21 based business must conform to the residential character and architectural 22 aesthetics of the neighborhood. As viewed from the street, the use of the 23 residential dwelling shall be consistent with the uses of the residential areas that 24 surround the property. 25 26 e. The home-based business may not conduct retail transactions at a structure other 27 than the residential dwelling; however, incidental business uses and activities may 28 be conducted at the residential property. 29 30 f. The activities of the home-based business shall be secondary to the property’s use 31 as a residential dwelling. 32 33 g. To that extent not inconsistent with the requirements of this section, all business 34 uses and activities must comply with all Town code standards and requirements, 35 including the applicable noise regulations, and with the standards for permitted 36 uses and structures for the zoning district in which the home-based business exists. 37 All signs shall comply with the regulations applicable to residential properties set 38 forth in Chapter 23 of this Code. 39 40 h. All business activities shall comply with any relevant local, state, and federal 41 regulations with respect to the use, storage, or disposal of any corrosive, 42 combustible, or other hazardous or flammable materials or liquids. 43 44 i. Transient accommodations are not permitted as a home-based business except as 45 expressly provided elsewhere in the Town code. 46 Page 10 Ordinance No. 2025-001 4 1 Home occupation means a commercial or business use performed in a residential dwelling by a 2 resident or family member. A home occupation use shall comply with the standards listed below: 3 4 a. Only resident family members or residents of the dwelling unit shall be engaged in the 5 occupation. 6 7 b. Provision of services to clients within a dwelling is prohibited. 8 9 c. The use of the premises for the home occupation shall be clearly incidental and 10 subordinate to its use for residential purposes by its occupants. The use shall not change 11 the residential character of the premises. 12 13 d. There shall be no change in the outside appearance of the building or premises, or other 14 visible evidence of the conduct of the home occupation. 15 16 e. Home occupations shall not be conducted in any accessory building or structure, or any 17 open porch, garage, or carport. 18 19 f. Home occupation shall not occupy more than fifteen (15) percent of the floor area of the 20 dwelling unit or accessory dwelling. Home occupations shall not be conducted within any 21 open porch, attached garage, or similar space not suited or intended for occupancy as 22 living quarters. 23 24 g. Traffic shall not be generated by the home occupation in greater volumes than would 25 normally be expected in a residential neighborhood. 26 27 h. Vehicle parking shall be located on the lot or premise of the home occupation. 28 29 i. Equipment or processes which create noise, vibration, glare, fumes, odors, or electrical 30 interference detectable to the normal senses at any lot line shall not be used in the home 31 occupation. In addition, equipment or processes shall not be used which create any 32 interference for neighboring properties in receiving radio, television, or other wireless 33 devices, or which cause fluctuations in electrical service to such properties. 34 35 j. Private instructions or other lessons shall be limited to not more than one person and shall 36 be limited to academic, artistic, and musical subjects. 37 38 k. Manufacture or fabrication of articles such as are commonly classified under the terms of 39 arts and handicrafts may be deemed a home occupation, subject to the other terms and 40 conditions of this definition. 41 42 l. On-premises sales of stock, supplies, or products is prohibited. 43 44 m. On-premises use or storage of hazardous materials is prohibited. 45 46 Page 11 Ordinance No. 2025-001 5 n. On-premises signs or other advertising of home occupations is prohibited. 1 2 o. Employees, other than family members or residents of the dwelling, are prohibited. 3 4 p. Owners or operators of home occupations may obtain an occupational license from Palm 5 Beach County. 6 7 Sec. 30-131. – Definition of terms. 8 For the purposes of this chapter, the definitions provided below shall apply. In the event of a 9 conflict between the definitions provided in this section, and a definition provided in another 10 section, then the definition provided in the other section shall prevail. In case of a conflict with 11 the building, life/safety, or similar code, the more stringent definition will apply. 12 *** 13 Home-based business occupation means a professional, occupational, trade, or business use , as 14 those terms are defined in Section 15-1, that operates, in whole or in part, from performed in a 15 residential dwelling, subject to the requirements of Section 30 -67 by a resident or family 16 member. 17 Section 3. Severability. The provisions of this Ordinance are declared to be severable and 18 if any section, sentence, clause, or phrase of this Ordinance shall for any reason be held to be 19 invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, 20 sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the 21 legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 22 Section 4. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict 23 herewith are hereby repealed to the extent of such conflict. 24 Section 5. Codification. Section 2 of the Ordinance may be made a part of the Town 25 Code of Ordinances and may be re-numbered or re-lettered to accomplish such, and the word 26 “ordinance” may be changed to “section,” “division,” or any other appropriate word. 27 Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption 28 at second reading. 29 The foregoing Ordinance was moved by Commissioner David, seconded by Vice Mayor Stern 30 and upon being put to the vote, the vote was as follows: 31 32 YES NO 33 Mayor Natasha Moore X 34 Vice Mayor David Stern X 35 Commissioner Evalyn David X 36 Page 12 Ordinance No. 2025-001 6 Commissioner Judith Goldberg Absent 1 Commissioner Donald Peters X 2 3 PASSED on first reading at the Regular Commission meeting held on this 17th day of December, 4 2024. 5 6 The foregoing Ordinance was moved by _________________________________, seconded by 7 ________________________________ and upon being put to the vote, the vote was as follows: 8 9 YES NO 10 Mayor Natasha Moore 11 Vice Mayor David Stern 12 Commissioner Evalyn David 13 Commissioner Judith Goldberg 14 Commissioner Donald Peters 15 16 PASSED AND ADOPTED on second and final reading at the Regular Commission meeting held 17 on this 21st day of January, 2025. 18 19 ATTEST: 20 21 ___________________________________ 22 Natasha Moore, Mayor 23 By: 24 Lanelda Gaskins, MMC 25 Town Clerk 26 27 APPROVED AS TO FORM AND LEGALITY: 28 29 30 31 By: _________________________________ 32 Leonard G. Rubin, Town Attorney 33 Page 13 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, and by publication on the newspaper¶s website, if authorized on Jan 11, 2025 ORDINANCE NO. 2025-001 & 2025-002 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: January 13, 2025. 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: lgaskins@highlandbeach.us 7747756 SUN-SENTINEL Page 14 SUN-SENTINEL Page 15 Order # - 7747756 SUN-SENTINEL Page 16 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission MEETING DATE December 17, 2024 SUBMITTED BY: Ingrid Allen, Town Planner, Building Department SUBJECT: Proposed amendment to the Town’s Zoning Code (Chapter 30) relating to home-based businesses SUMMARY: The proposed amendment to the Town’s Zoning Code (Chapter 30) will bring regulations governing home-based business into compliance with S. 559.955, F lorida Statute, which restricts the power of municipal governments to regulate home -based businesses. Note that this home-based business amendment to the Zoning Code is an initiative on the Town’s Strategic Priorities Plan. House Bill 403 which became effective July 1, 2021, p rohibits local governments from licensing or otherwise regulating a home-based business. The proposed changes are detailed in the Ordinance (attached). Currently, Section 30-67(b) of the Town Code permits home occupations in all zoning districts with the e xception of the Government Services District (GSD). At the October 15, 2024 Town Commission meeting, the Commission considered an introduction to the amendment relating to home-based businesses. Consensus from the Commission was to add to the Ordinance, a cross-reference to the Town Sign Code (Chapter 23). The latter cross-reference was added to the Ordinance. The Commission made a motion to send the Amendment to the Planning Board for a recommendation (motion carried 5 -0). At the November 14, 2024 Planning Board meeting, the Board moved to recommend approval of the proposed amendment to the Town Commission (motion carried 7 -0). Pursuant to Section 30-44 (Zoning Code text amendments) of the Town Code, the proposed amendment to the Zoning Code is consistent with the Town’s Comprehensive Plan and Zoning Code. In addition, Section 30-44(c) requires that the Planning Board provide a recommendation to the Town Commission on Zoning Code text amendments. Effective October 1, 2023, Section 166.041(4), Florida Statutes requires that before the enactment of a proposed ordinance, the governing body of a municipality shall prepare or cause to be prepared a Business Impact Estimate (BIE). According to Section 166.041(4)(c) F.S., such BIE is not required given the ordinance will bring Zonin g Code regulations into compliance with State law. Page 17 FISCAL IMPACT: None. ATTACHMENTS: Ordinance. Section 559.955 Florida Statutes. RECOMMENDATION: At the discretion of the Town Commission. Page 18 1 TOWN OF HIGHLAND BEACH 1 ORDINANCE NO 2 3 4 AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, 5 FLORIDA, AMENDING SECTION 30-67, “USES PERMITTED, 6 SPECIAL EXCEPTION, AND PROHIBITED USES,” AND 7 SECTION 30-131, “DEFINITIONS OF TERMS,” OF CHAPTER 30, 8 “ZONING CODE,” OF THE TOWN CODE OF ORDINANCES TO 9 RENAME THE EXISTING HOME OCCUPATION USE TO 10 “HOME-BASED BUSINESSES” AND MODIFY THE 11 REGULATIONS TO ENSURE CONSISTENCY WITH STATE 12 LAW; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN 13 CONFLICT; PROVIDING FOR SEVERABILITY AND 14 CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. 15 16 17 WHEREAS, the Town of Highland Beach, Florida, is a duly constituted municipality 18 having such power and authority conferred upon it by the Florida Constitution and Chapter 166, 19 Florida Statutes; and 20 WHEREAS, through the enaction of Chapter 2021-202, Laws of Florida, the Florida 21 Legislature adopted Section 559.955, Florida Statutes, restricting the ability of local governments 22 to regulate home-based businesses; and 23 WHEREAS, Section 559.955, Florida Statutes, specifically prohibits local governments 24 from enacting or enforcing any ordinance, regulation, or policy in violation of the restrictions set 25 forth therein and allows any adversely affected current or prospective home-based business to file 26 suit against the Town for a violation of the state-mandated restrictions and awards attorney’s fees 27 and costs to the prevailing party in any such action; and 28 WHEREAS, the Town Commission wishes to revise its restrictions applicable to home 29 occupations (renamed home-based businesses) to comply with the provisions of Section 599.955, 30 Florida Statutes; and 31 WHEREAS, the Town Commission determines that the adoption of this Ordinance 32 benefits the health, safety, and welfare of the residents of the Town of Highland Beach. 33 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE 34 TOWN OF HIGHLAND BEACH, FLORIDA, AS FOLLOWS: 35 Section 1. The foregoing facts and recitations contained in the preamble to this 36 Ordinance are hereby adopted and incorporated by reference as if fully set forth herein. 37 Page 19 2 Section 2. The Town Commission hereby amends Article IV, “Zoning Districts,” and 1 Article VIII, “Definitions,” of Chapter 30, “Zoning Code,” of the Town Code of Ordinances as 2 follows (additional is underlined and deleted is stricken through): 3 4 Sec. 30-67. – Uses permitted, special exception, and prohibited uses. 5 *** 6 (b) Uses not listed. Unless otherwise provided by this chapter, uses not listed in Table 30-4 are 7 prohibited in the Town of Highland Beach. 8 Table 30-4 9 Permitted Uses 10 Legend 11 SP = Site Plan Approval Required X = Prohibited SE = Special Exception Town Commission Approval Required P = Permitted SEP = Special Exception Planning Board Approval Required USE CATEGORY RE RS RM L RM M RM H RP U D GS D Additional Standards (See Notes) RESIDENTIAL Dwelling, Single-family, Detached SP SP SP SP SP SP X Dwelling, Single-family, Attached X X SP SP SP SP X Dwelling, Single-Family, Zero Lot Line X X SE SE SE SE X (1) Dwelling, Multiple-Family X X SP SP SP SP X Dwelling, Patio or Villa X X SP SP SP SP X Dwelling, Three-Family (Triplex) X X SP SP SP SP X Dwelling, Townhouse X X SP SP SP SP X Dwelling, Two-Family (Duplex) X X SP SP SP SP X Dwelling, Mobile Home X X X X X X X Accessory Dwellings P P P P P P P (2) Guardhouse, Residential P P P P P P X (3) Home-based Businesses Occupation P P P P P P X (4) Timeshare Residence X X X X X X X Accessory Uses P P P P P P P 12 *** 13 (4) Home-based businesses occupations. A business that operates from a residential 14 property is permitted. A business is considered a home-based business if it operates, in 15 whole or in part, from a residential property and meets the following standards: 16 Page 20 3 1 a. Employees of the business who work at the residential dwelling must also reside 2 in the residential dwelling, except that up to a total of two (2) employees or 3 independent contractors who do not reside at the residential dwelling may work at 4 the business. The business may have additional remote employees who do not 5 work at the residential dwelling. 6 7 b. Parking for the home-based business must comply with the provisions of article 8 IV, Chapter 30 of the Town code. Additionally, the need for parking generated by 9 the business may not be greater in volume than would normally be expected at a 10 similar residence where no business is conducted, and vehicles and trailers used in 11 connection with the business must be parked in legal parking spaces that are not 12 located within the right-of-way, on or over a sidewalk, or on any unimproved 13 surfaces at the residence. 14 15 c. Parking or storage of heavy equipment at the home-based business shall not be 16 visible from the street or neighboring property. For the purposes of this 17 subsection, “heavy equipment” means commercial, industrial, or agricultural 18 vehicles, equipment, or machinery. 19 20 d. External modifications made to a residential dwelling to accommodate a home-21 based business must conform to the residential character and architectural 22 aesthetics of the neighborhood. As viewed from the street, the use of the 23 residential dwelling shall be consistent with the uses of the residential areas that 24 surround the property. 25 26 e. The home-based business may not conduct retail transactions at a structure other 27 than the residential dwelling; however, incidental business uses and activities may 28 be conducted at the residential property. 29 30 f. The activities of the home-based business shall be secondary to the property’s use 31 as a residential dwelling. 32 33 g. To that extent not inconsistent with the requirements of this section, all business 34 uses and activities must comply with all Town code standards and requirements, 35 including the applicable noise regulations, and with the standards for permitted 36 uses and structures for the zoning district in which the home-based business exists. 37 All signs shall comply with the regulations applicable to residential properties set 38 forth in Chapter 23 of this Code. 39 40 h. All business activities shall comply with any relevant local, state, and federal 41 regulations with respect to the use, storage, or disposal of any corrosive, 42 combustible, or other hazardous or flammable materials or liquids. 43 44 i. Transient accommodations are not permitted as a home-based business except as 45 expressly provided elsewhere in the Town code. 46 Page 21 4 1 Home occupation means a commercial or business use performed in a residential dwelling by a 2 resident or family member. A home occupation use shall comply with the standards listed below: 3 4 a. Only resident family members or residents of the dwelling unit shall be engaged in the 5 occupation. 6 7 b. Provision of services to clients within a dwelling is prohibited. 8 9 c. The use of the premises for the home occupation shall be clearly incidental and 10 subordinate to its use for residential purposes by its occupants. The use shall not change 11 the residential character of the premises. 12 13 d. There shall be no change in the outside appearance of the building or premises, or other 14 visible evidence of the conduct of the home occupation. 15 16 e. Home occupations shall not be conducted in any accessory building or structure, or any 17 open porch, garage, or carport. 18 19 f. Home occupation shall not occupy more than fifteen (15) percent of the floor area of the 20 dwelling unit or accessory dwelling. Home occupations shall not be conducted within any 21 open porch, attached garage, or similar space not suited or intended for occupancy as 22 living quarters. 23 24 g. Traffic shall not be generated by the home occupation in greater volumes than would 25 normally be expected in a residential neighborhood. 26 27 h. Vehicle parking shall be located on the lot or premise of the home occupation. 28 29 i. Equipment or processes which create noise, vibration, glare, fumes, odors, or electrical 30 interference detectable to the normal senses at any lot line shall not be used in the home 31 occupation. In addition, equipment or processes shall not be used which create any 32 interference for neighboring properties in receiving radio, television, or other wireless 33 devices, or which cause fluctuations in electrical service to such properties. 34 35 j. Private instructions or other lessons shall be limited to not more than one person and shall 36 be limited to academic, artistic, and musical subjects. 37 38 k. Manufacture or fabrication of articles such as are commonly classified under the terms of 39 arts and handicrafts may be deemed a home occupation, subject to the other terms and 40 conditions of this definition. 41 42 l. On-premises sales of stock, supplies, or products is prohibited. 43 44 m. On-premises use or storage of hazardous materials is prohibited. 45 46 Page 22 5 n. On-premises signs or other advertising of home occupations is prohibited. 1 2 o. Employees, other than family members or residents of the dwelling, are prohibited. 3 4 p. Owners or operators of home occupations may obtain an occupational license from Palm 5 Beach County. 6 7 Sec. 30-131. – Definition of terms. 8 For the purposes of this chapter, the definitions provided below shall apply. In the event of a 9 conflict between the definitions provided in this section, and a definition provided in another 10 section, then the definition provided in the other section shall prevail. In case of a conflict with 11 the building, life/safety, or similar code, the more stringent definition will apply. 12 *** 13 Home-based business occupation means a professional, occupational, trade, or business use , as 14 those terms are defined in Section 15-1, that operates, in whole or in part, from performed in a 15 residential dwelling, subject to the requirements of Section 30 -67 by a resident or family 16 member. 17 Section 3. Severability. The provisions of this Ordinance are declared to be severable and 18 if any section, sentence, clause, or phrase of this Ordinance shall for any reason be held to be 19 invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, 20 sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the 21 legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 22 Section 4. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict 23 herewith are hereby repealed to the extent of such conflict. 24 Section 5. Codification. Section 2 of the Ordinance may be made a part of the Town 25 Code of Ordinances and may be re-numbered or re-lettered to accomplish such, and the word 26 “ordinance” may be changed to “section,” “division,” or any other appropriate word. 27 Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption 28 at second reading. 29 The foregoing Ordinance was moved by __________________________________, seconded by 30 ________________________________ and upon being put to the vote, the vote was as follows: 31 32 33 YES NO 34 Mayor Natasha Moore ____ ____ 35 Vice Mayor David Stern ____ ____ 36 Page 23 6 Commissioner Evalyn David ____ ____ 1 Commissioner Judith Goldberg ____ ____ 2 Commissioner Don Peters ____ ____ 3 4 PASSED on first reading at the Regular Commission meeting held on this _____ day of 5 _________________, 2024. 6 7 The foregoing Ordinance was moved by _________________________________, seconded by 8 ________________________________ and upon being put to the vote, the vote was as follows: 9 10 YES NO 11 Mayor Natasha Moore ____ ____ 12 Vice Mayor David Stern ____ ____ 13 Commissioner Evalyn David ____ ____ 14 Commissioner Judith Goldberg ____ ____ 15 Commissioner Don Peters ____ ____ 16 17 PASSED AND ADOPTED on second and final reading at the Regular Commission meeting held 18 on this _____ day of _________________, 2024. 19 20 ATTEST: 21 22 By: 23 Lanelda Gaskins, MMC 24 Town Clerk 25 26 APPROVED AS TO FORM AND LEGALITY: 27 28 By: _________________________________ 29 Leonard G. Rubin, Town Attorney 30 Page 24 Select Year: 2023 Go The 2023 Florida Statutes (including Special Session C) Title XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS Chapter 559 REGULATION OF TRADE, COMMERCE, AND INVESTMENTS, GENERALLY View Entire Chapter 559.955 Home-based businesses; local government restrictions.— (1) Local governments may not enact or enforce any ordinance, regulation, or policy or take any action to license or otherwise regulate a home-based business in violation of this section. (2) A home-based business that operates from a residential property as provided in subsection (3): (a) May operate in an area zoned for residential use. (b) May not be prohibited, restricted, regulated, or licensed in a manner that is different from other businesses in a local government’s jurisdiction, except as otherwise provided in this section. (c) Is only subject to applicable business taxes under chapter 205 in the county and municipality in which the home-based business is located. (3) For purposes of this section, a business is considered a home-based business if it operates, in whole or in part, from a residential property and meets the following criteria: (a) The employees of the business who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two employees or independent contractors who do not reside at the residential dwelling may work at the business. The business may have additional remote employees that do not work at the residential dwelling. (b) Parking related to the business activities of the home-based business complies with local zoning requirements and the need for parking generated by the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted. Local governments may regulate the use of vehicles or trailers operated or parked at the business or on a street right-of-way, provided that such regulations are not more stringent than those for a residence where no business is conducted. Vehicles and trailers used in connection with the business must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the residence. Local governments may regulate the parking or storage of heavy equipment at the business which is visible from the street or neighboring property. For purposes of this paragraph, the term “heavy equipment” means commercial, industrial, or agricultural vehicles, equipment, or machinery. (c) As viewed from the street, the use of the residential property is consistent with the uses of the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a home-based business must conform to the residential character and architectural aesthetics of the neighborhood. The home-based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property. (d) The activities of the home-based business are secondary to the property’s use as a residential dwelling. Page 25 (e) The business activities comply with any relevant local or state regulations with respect to signage and equipment or processes that create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors. Any local regulations on a business with respect to noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors may not be more stringent than those that apply to a residence where no business is conducted. (f) All business activities comply with any relevant local, state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids. Any local regulations on a business with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids may not be more stringent than those that apply to a residence where no business is conducted. (4) Any adversely affected current or prospective home-based business owner may challenge any local government action in violation of this section. The prevailing party in a challenge may recover reasonable attorney fees and costs incurred in challenging or defending the action, including reasonable appellate attorney fees and costs. (5) The application of this section does not supersede: (a) Any current or future declaration or declaration of condominium adopted pursuant to chapter 718, cooperative document adopted pursuant to chapter 719, or declaration or declaration of covenant adopted pursuant to chapter 720. (b) Local laws, ordinances, or regulations related to transient public lodging establishments, as defined in s. 509.013(4)(a)1., that are not otherwise preempted under chapter 509. History.—s. 1, ch. 2021-202. Copyright © 1995-2024 The Florida Legislature • Privacy Statement • Contact Us Page 26 Sold To: Town of Highland Beach Florida - CU00661788 3614 S Ocean Blvd Highland Beach FL 33487,FL 33487-3393 Bill To: Town of Highland Beach Florida - CU00661788 3614 S Ocean Blvd Highland Beach FL 33487,FL 33487-3393 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, and by publication on the newspaper¶s website, if authorized on Sep 30, 2024 SSC_Notice of Public Meeting 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: September 30, 2024. 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 7701118 SUN-SENTINEL Page 27 SUN-SENTINEL Page 28 Order # - 7701118 SUN-SENTINEL Page 29 File Attachments for Item: B. Ordinance No. 2025-002 / Amendment to the Accessory Marine Facilities (AMF) and seawall regulations (Second Reading/Public Hearing) An Ordinance of the Town Commission of the Town of Highland Beach, Florida, amending Chapter 6, "Buildings and Structures," of the town code of ordinances by amending Section 6-128, "approval required for bulkheads, seawalls, retaining walls; required notification of abutting property owners," to provide a maximum seawall cap and docket width; amending Chapter 30, "Zoning," by amending Section 30-68, "Supplemental District Regulations," to provide a maximum height for boat lifts, a maximum extension for accessory marine facilities into canals and lakes, a maximum seawall cap and dock width, and ladder regulations and amending Section 30-131, "Definition of Terms," to provide definitions that pertain to accessory marine facilities; providing for the repeal of all ordinances in conflict; providing for severability and codification; and providing for an effective (First Reading was December 17, 2024). Page 30 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission MEETING DATE January 21, 2025 SUBMITTED BY: Lanelda Gaskins, Town Clerk’s Office SUBJECT: Ordinance No. 2025-002 / Amendment to the Accessory Marine Facilities (AMF) and seawall regulations (Second Reading/Public Hearing) An Ordinance of the Town Commission of the Town of Highland Beach, Florida, amending Chapter 6, "Buildings and Structures," of the town code of ordinances by amending Section 6 -128, "approval required for bulkheads, seawalls, retaining walls; required notification of abutting property owners," to provide a maximum seawall cap and docket width; amending Chapter 30, "Zoning," by amending Section 30-68, "Supplemental District Regulations," to provide a maximum heigh t for boat lifts, a maximum extension for accessory marine facilities into canals and lakes, a maximum seawall cap and dock width, and ladder regulations and amending Section 30-131, "Definition of Terms," to provide definitions that pertain to accessory marine facilities; providing for the repeal of all ordinances in conflict; providing for severability and codification; and providing for an effective (First Reading was December 17, 2024). SUMMARY: At the December 17, 2024 Town Commission meeting, the Commission considered on first reading the proposed ordinance amending Chapter 6, "Buildings and Structures," of the town code of ordinances by amending Section 6-128, "approval required for bulkheads, seawalls, retaining walls; required notification of abutting property owners," to provide a maximum seawall cap and docket width; amending Chapter 30, "Zoning," by amending Section 30 -68, "Supplemental District Regulations," to provide a maximum height for boat lifts, a maximum extension for accessory marine facilities into canals and lakes, a maximum seawall cap and dock width, and ladder regulations and amending Section 30 -131, "Definition of Terms," to provide definitions that pertain to accessory marine facilities . A motion was made a seconded by Commissioner David and Vice Mayor Stern to approve an ordinance of the Town Commission of the Town of Highland Beach, Florida amending Chapter 6, "Buildings and Structures," of the town code of ordinances by amending Section 6-128, "approval required for bulkheads, seawalls, retaining walls; required notification of abutting property owners", which passed unanimously 4 to 0. Page 31 Ordinance No. 2025-002 was advertised in accordance with Florida Statutes on January 11, 2025. Therefore, Ordinance No. 2025-002 is before the Town Commission for adoption on second/final reading. FISCAL IMPACT: None. ATTACHMENTS: Ordinance No. 2025-002 and Legal Advertisement Affidavit Staff Memorandum of the December 17, 2024 Town Commission Meeting and supporting documents RECOMMENDATION: Adopt Ordinance No. 2025-002 on second/final reading. Page 32 TOWN OF HIGHLAND BEACH 1 ORDINANCE NO. 2025-002 2 3 4 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF 5 HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 6, “BUILDINGS 6 AND STRUCTURES,” OF THE TOWN CODE OF ORDINANCES BY 7 AMENDING SECTION 6-128, “APPROVAL REQUIRED FOR 8 BULKHEADS, SEAWALLS, RETAINING WALLS; REQUIRED 9 NOTIFICIATION OF ABUTTING PROPERTY OWNERS,” TO PROVIDE 10 A MAXIMUM SEAWALL CAP AND DOCK WIDTH; AMENDING 11 CHAPTER 30, “ZONING,” BY AMENDING SECTION 30-68, 12 “SUPPLEMENTAL DISTRICT REGULATIONS,” TO PROVIDE A 13 MAXIMUM HEIGHT FOR BOAT LIFTS, A MAXIMUM EXTENSION FOR 14 ACCESSORY MARINE FACILICITIES INTO CANALS AND LAKES, A 15 MAXIMUM SEAWALL CAP AND DOCK WIDTH, AND LADDER 16 REGULATIONS AND AMENDING SECTION 30-131, “DEFINITION OF 17 TERMS,” TO PROVIDE DEFINITIONS THAT PERTAIN TO ACCESSORY 18 MARINE FACILITIES; PROVIDING FOR THE REPEAL OF ALL 19 ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND 20 CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. 21 22 WHEREAS, the Town of Highland Beach, Florida, is a duly constituted municipality having 23 such power and authority conferred upon it by the Florida Constitution and Chapter 166, Florida 24 Statutes; and 25 WHEREAS, on November 17, 2020, the Town Commission authorized Vice-Mayor Greg 26 Babij to sponsor a review and propose any amendment(s) to the accessory marine structure ordinance 27 provisions; and 28 WHEREAS, on March 15, 2022, the Town Commission considered an introduction to 29 proposed amendment concepts regarding the accessory marine facility provisions of the Town Code; 30 and 31 WHEREAS, on April 19, 2022, the Town Commission provided direction in establishing a 32 process for review of the amendment concepts; and 33 WHEREAS, on June 21, 2022 and August 16, 2022, the Town Commission considered a 34 discussion on a review timeline for the proposed amendment concepts and agreed to hold three (3) 35 evening meetings at the Town Library in an effort to engage input from residents; and 36 Page 33 Ordinance No. 2025-002 WHEREAS, on December 5, 7, and 13, 2022, Public Input Meetings were held on the 1 proposed amendment concepts to the accessory marine facility and seawall regulations of the Town 2 Code of Ordinances; and 3 WHEREAS, on February 7, 2023, the Town Commission agreed to have the Planning Board 4 review the proposed amendment concepts and provide their recommendations to the Town 5 Commission; and 6 WHEREAS, on September 21 and October 12, 2023, the Planning Board provided their 7 recommendations on the proposed amendment concepts to the Town Commission; and 8 WHEREAS, on April 2, 2024, the Town Commission agreed to move forward with five (5) 9 of the seven (7) amendment concepts, and directed staff to draft an Ordinance accordingly; and 10 WHEREAS, the Town Commission of the Town of Highland Beach has determined that the 11 amendment to the Code of Ordinances is in the best interest of the Town of Highland Beach; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE 14 TOWN OF HIGHLAND BEACH, FLORIDA that: 15 SECTION 1. The foregoing facts and recitations contained in the preamble to this 16 Ordinance are hereby adopted and incorporated by reference as if fully set forth herein. 17 SECTION 2. The Town Commission hereby amends Chapter 6 “Buildings and Structures,” 18 Article V “Seawalls; Bulkheads; Retaining Walls,” Section 6-128 “Approval required for bulkheads, 19 seawalls, retaining walls; required notification of abutting property owners” to read as follows 20 (additional language underlined and deleted language stricken through): 21 Sec. 6-128. - Approval required for bulkheads, seawalls, retaining walls; required 22 notification of abutting property owners. 23 (a) No bulkhead, seawall, or retaining wall shall be erected or constructed in any water, 24 canal or lake, or on land abutting thereon, within the limits of the town, unless plans and specifications 25 have been submitted to and approved by all federal, state and county agencies with jurisdiction over 26 such construction activities, the planning board and the town consulting engineer, with a copy of such 27 plans and specifications being filed with the town. The planning board shall review applications under 28 this section as special exceptions. 29 (b) All seawalls west of State Road A1A shall be at base flood elevation (BFE) or higher 30 as provided by the FEMA FIRM maps. The maximum combined seawall cap and dock width shall 31 Page 34 Ordinance No. 2025-002 not exceed eight (8) feet as provided in Section 30-68(g)(6)b. All seawalls on the Intracoastal 1 Waterway and the Atlantic Ocean shall, at the discretion of the town engineer, have rip rap at the base 2 to dissipate the wave energy and to protect the berm. 3 SECTION 3. The Town Commission hereby amends Chapter 30 "Zoning Code,” Article IV 4 “Zoning Districts,” Section 30-68 “Supplemental district regulations” to read as follows (additional 5 language underlined and deleted language stricken through): 6 Sec. 30-68. – Supplemental district regulations. 7 *** 8 (g) Accessory marine facilities: 9 (1) Accessory use. Accessory marine facilities, including docks, piers, launching 10 facilities, boat basins, freestanding pilings and lifting and mooring devices, are permitted as accessory 11 uses in all residential zoning districts. Accessory marine facilities shall be reviewed as special 12 exceptions by the planning board which shall be the final authority on all applications unless the 13 accessory marine facility is part of a site plan submittal or other application requiring town 14 commission approval as provided for in section 30-36. 15 a. Accessory marine facilities shall not be used for commercial purposes. 16 b. Accessory marine facilities shall be used only by residents or their guests, and shall 17 not be rented or leased to nonresidents or any other person other than owners or residents of the 18 principal dwelling or dwellings. For the purpose of this section, the term guest shall mean a person or 19 persons residing in a dwelling unit for a limited period of time, not to exceed a period of sixty (60) 20 days within one calendar year, at the invitation of the owner or resident of the dwelling. 21 c. Accessory marine facilities shall not be a hazard to navigation. 22 (2) Boat basins. Boat basins are allowed in all zoning districts and reviewed by a special 23 exception, subject to the additional standards listed below: 24 a. The edge of any improvements associated with a boat basin shall be located at least 25 twenty-five (25) feet from side property lines. 26 b. The total length of improvements associated with a boat basin shall not exceed one-27 third (33.3%) of the length of the property line in which the basin is located. 28 c. Not more than twenty-five (25) percent of any boat moored in a boat basin may extend 29 waterward of property line in which the basin is located. 30 Page 35 Ordinance No. 2025-002 d. The town, at the expense of the applicant, may utilize appropriate marine, engineering, 1 construction, and related professionals to review all aspects of such application. Such professionals 2 shall be utilized to ensure compliance with the requirements herein, to ensure a proposed basin will 3 not be a hazard to navigation, and to ensure a proposed boat basin will not pose a potential hazard, 4 via erosion or other action, to the stability of neighboring properties. 5 (3) Lifting devices. The installation of lifting devices or other means of securing boats 6 (but not a boat dock) is allowed in all zoning districts. The maximum height for lifting devices shall 7 be at base flood elevation (BFE), as provided by the FEMA FIRM maps, plus eight (8) feet. Lifting 8 device height shall be measured to the top of the lift structure including mechanical equipment. In 9 addition to the requirements for a special exception, the planning board must also find that the lifting 10 device will provide adequate protection of neighboring property and that there is no infringement of 11 standard navigational practices. 12 (4) Boats and setbacks. When moored, any portion of a boat shall not extend beyond any 13 property line, as extended waterward. 14 (5) Enclosures. Accessory marine facilities shall not be enclosed with walls, roofs, or any 15 other structures or improvements. 16 (6) Installation. Accessory marine facilities shall comply with the installation standards 17 listed below: 18 a. In waterways not regulated by the U.S. Army Corps of Engineers or other 19 governmental regulatory agency, docks and mooring facilities structures shall not extend into the 20 water more than twenty-five feet (25’) or twenty-five percent (25%) of the waterway width, 21 whichever is less (excludes docks and mooring facilities located along the Intracoastal Waterway), 22 measured from the wet face of the seawall or bulkhead not extend into any waterway more than five 23 (5) feet. 24 b. In waterways regulated by the U.S. Army Corps of Engineers, The maximum 25 combined seawall cap and dock width shall not exceed eight (8) feet. docks and mooring structures 26 may extend to that distance allowed by said agency. 27 c. Measurement of the width or length of a dock, as applicable, shall be made from the 28 property line. 29 d. Marine facilities shall comply with the side yard setbacks listed below. 30 Page 36 Ordinance No. 2025-002 1. Single-family zoning districts: Twenty-five (25) feet; provided, however, the side yard 1 setback shall be fifteen (15) feet for any single-family lot with a lot width of fifty (50) feet or more 2 but less than seventy (70) feet. For those lots with less than fifty (50) feet abutting the water, the 3 planning board may grant a special exception for the installation of a seawall mounted davit type 4 lifting device (but not a dock structure) after being satisfied as to the protection of neighboring 5 property and no infringement of standard navigation practices. 6 2. Multifamily zoning districts: Five (5) feet, measured from the perimeter property 7 lines. In multifamily residential zoning districts, marine facilities shall be exempt from side yard 8 setback requirements for all interior lot lines. 9 (7) Perpendicular docking. Unless otherwise provided herein, boats shall not be moored 10 or docked perpendicular to the property at which they are located. 11 a. A boat moored at the landward end of a canal constructed for boat docking purposes 12 may be moored perpendicular to the property line, provided such mooring does not impede the 13 navigation of adjacent property owners. 14 b. A boat moored in the Intracoastal Waterway may be moored perpendicular to the 15 property line, subject to approval by the U.S. Army Corps of Engineers. 16 c. A request for perpendicular docking of a boat in a canal shall be considered as a special 17 exception by the planning board. Applications for development order approval of perpendicular 18 docking of boats shall be subject to all standards applicable to a special exception request, and the 19 additional criteria contained herein: 20 1. Location of docks, docked boats, and relation to side setbacks shall be established by 21 the waterward extension of property lines. 22 2. Perpendicular docking of boats shall not interfere with navigation of other boats 23 within the affected canal, and will not be a hazard to navigation. 24 3. Perpendicular docking of boats shall comply with all setbacks required for accessory 25 marine facilities. 26 4. Docks or accessory mooring facilities approved by the planning board for 27 perpendicular docking of boats may exceed the maximum extension into a waterway allowed for 28 accessory marine facilities. 29 5. The building official or designee, or planning board may request evidence, prepared 30 by a recognized marine expert, demonstrating the following: 31 Page 37 Ordinance No. 2025-002 i. Proposed perpendicular docking and related accessory marine facilities will not 1 reasonably deny or otherwise limit the ability of abutting or adjacent property owners to construct 2 accessory marine facilities; 3 ii. Proposed perpendicular docking and related accessory marine facilities will not 4 reasonably deny or otherwise limit the normal ability of abutting or adjacent property owners to moor, 5 maneuver, use or otherwise move a boat; and 6 iii. Proposed perpendicular docking and related accessory marine facilities will not deny 7 reasonable visual access of abutting property owners to public waterways. 8 (8) Ladders are permitted on docks, seawalls, finger piers or other mooring facilities. 9 (h) Dolphins, freestanding pilings, boat lifts, docks, and moorings: 10 (1) Installation. In order to be installed, dolphins, freestanding pilings, boat lifts, docks, 11 and moorings (collectively "mooring facilities") shall comply with all standards listed below: 12 a. The installation shall be subject to special exception approval by the planning board 13 at an advertised public hearing. 14 b. The mooring facilities will be located in a canal or waterway at least eighty (80) feet 15 in width. 16 c. The mooring facilities will not create a hazardous interference with navigation, 17 endanger life or property, or deny the public reasonable visual access to public waterways. 18 d. Construction of all mooring facilities shall require a building permit. 19 (2) Public notice. In addition to the requirements of section 30-46, written notice must be 20 provided by first class mail to owners of property abutting the canal and located within five hundred 21 (500) feet, as measured from both property lines along the canal bank, of the property in question. 22 (3) Documentation. The building official or designee, or planning board may, in the 23 exercise of their discretion, request evidence, prepared by a recognized marine expert, demonstrating 24 the proposed mooring facilities will not be a hazard to navigation and will not deny reasonable visual 25 access to public waterways. 26 (4) Adjacent property. Installation of the mooring facilities shall not cause a hazardous 27 interference with navigation, endanger life or property, or deny the adjacent property owners or public 28 reasonable visual access to the public waterway. 29 (5) Navigation. Installation of such mooring facilities shall not infringe upon standard 30 navigational practices that are or may be used by abutting property owners. 31 Page 38 Ordinance No. 2025-002 (6) Floating docks. Floating docks are permitted, subject to conformance with all zoning 1 code requirements herein and compliance with all applicable building codes. 2 *** 3 SECTION 4. The Town Commission hereby amends Chapter 30 "Zoning Code,” Article 4 VIII “Definitions,” Section 30-131 “Definitions of terms” to read as follows (additional language 5 underlined and deleted language stricken through): 6 Sec. 30-131. – Definitions of terms. 7 *** 8 Boat lifts means the bottom of the keel of any boat shall not be hoisted greater than one foot 9 above the existing minimum seawall elevation. In no case shall the lift be higher than the 10 superstructure of the boat when lifted except for personal watercraft including jet skis. 11 Dolphin pilings means that the dolphin piling shall be marine grade wood pilings with a 12 minimum butt diameter of twelve (12) inches. Concrete pile is prohibited. Dolphin pilings shall not 13 extend into the water more than A maximum of twenty-five (25’) feet or twenty-five percent (25%) 14 thirty (30) percent of the waterway canal width, whichever is less (excluding such pilings located 15 along the Intracoastal Waterway), shall be allowed, measured from the wet face of the seawall or 16 bulkhead property line. Setback shall be no further than the primary structures side yard setback. The 17 minimum height shall be six (6) feet above mean high water (MHW) and the maximum shall be eight 18 (8) feet above MHW. All pilings shall have a reflective tape no more than two (2) inches below the 19 top of the piling and should be four (4) inches in width of the complete circumference. 20 *** 21 SECTION 5. Severability. The provisions of this Ordinance are declared to be severable 22 and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be 23 invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, 24 sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative 25 intent that this Ordinance shall stand notwithstanding the invalidity of any part. 26 SECTION 6. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict 27 herewith are hereby repealed to the extent of such conflict. 28 SECTION 7. Codification. Section 2 of the Ordinance shall be made a part of the Town 29 Code of Ordinances and may be re-numbered or re-lettered to accomplish such, and the word 30 “ordinance” may be changed to “section,” “division,” or any other appropriate word. 31 Page 39 Ordinance No. 2025-002 SECTION 8. Effective Date. This Ordinance shall be effective immediately upon adoption 1 at second reading and shall only apply prospectively. 2 The forgoing Ordinance was moved by Commissioner David, seconded by Commissioner Peters and 3 upon being put to the vote, the vote was as follows: 4 5 VOTES: YES NO 6 Mayor Natasha Moore X 7 Vice Mayor David Stern X 8 Commissioner Evalyn David X 9 Commissioner Donald Peters X 10 Commissioner Judith M. Goldberg X 11 12 PASSED on first reading at the Regular Commission meeting held on this 17th day of December, 13 2024. 14 15 The forgoing Ordinance was moved by ________________________________________, seconded 16 by ___________________________________ and upon being put to the vote, the vote was as 17 follows: 18 19 VOTES: YES NO 20 Mayor Natasha Moore 21 Vice Mayor David Stern 22 Commissioner Evalyn David 23 Commissioner Donald Peters 24 Commissioner Judith M. Goldberg 25 26 PASSED AND ADOPTED on second and final reading at the Regular Commission meeting held on 27 the 21st day of January, 2025. 28 29 30 ______________________________ 31 Natasha Moore, Mayor 32 ATTEST: 33 REVIEWED FOR LEGAL SUFFICIENCY 34 ______________________________ ______________________________ 35 Lanelda Gaskins, MMC Leonard G. Rubin, Town Attorney 36 Town Clerk Town of Highland Beach 37 Page 40 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, and by publication on the newspaper¶s website, if authorized on Jan 11, 2025 ORDINANCE NO. 2025-001 & 2025-002 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: January 13, 2025. 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: lgaskins@highlandbeach.us 7747756 SUN-SENTINEL Page 41 SUN-SENTINEL Page 42 Order # - 7747756 SUN-SENTINEL Page 43 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission MEETING DATE December 17, 2024 SUBMITTED BY: Ingrid Allen, Town Planner, Building Department SUBJECT: Proposed amendment to the Town Code of Ordinances regarding Accessory Marine Facilities (AMF) and seawall regulations. SUMMARY: At the April 2, 2024 Town Commission meeting, the Commission considered a discussion item on the proposed amendment concepts to the AMF and seawall regulations of the Town Code of Ordinances (“Town Code”). Consensus from the Town Commission was to proceed with amendment concept numbers 1 through 4, and 6 while a “no action” option was provided for concept numbers 5 and 7 (see table below). The Commission directed staff to draft an Ordinance on the selected amendment concepts. At the September 17, 2024 Town Commission meeting, the Commission discussed a draft Ordinance and made a motion to send the Ordinance (as amended) to the Planning Board that encompasses approved concepts one (1) through four (4) and asked that the Board discuss and provide more detailed information regarding ladders to include timing, placement, and whether they should be mandatory or voluntary (Moti on carried 5-0). Pursuant to Section 30-44(c) of the Town Code, the Planning Board shall provide a recommendation to the Town Commission on Zoning Code text amendments. PROPOSED AMENDMENT CONCEPT PLANNING BOARD (“Board”) RECOMMENDATION TOWN COMMISSION (4-2-24) 1. Maximum height for AMFs: Base Flood Elevation (BFE) plus 7 feet. Maximum height for AMFs: BFE plus 8 feet. Agree with Board recommendation, include definition of “top of boat lift.” 2. 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. 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.” Agree with Board recommendation. 3. Maximum seawall cap width = 3 feet; maximum seawall cap plus dock width = 8 feet. Maximum seawall cap plus dock width at eight (8) feet. Agree with Board recommendation. Page 44 PROPOSED AMENDMENT CONCEPT PLANNING BOARD (“Board”) RECOMMENDATION TOWN COMMISSION (4-2-24) 4. Encroachment into water at 25 feet or 25% of waterway width, whichever is less (measured from the shortest distance adjacent to property line). Encroachment into water for AMFs at 25 feet or 25 percent of the waterway width, whichever is less, (excludes AMFs along the Intracoastal Waterway) to be measured from wetface of seawall or bulkhead. Agree with Board recommendation. 5. 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. No side setback for docks Townwide. A minimum 10-foot side setback for all other AMFs Town wide (For lots less than 100 feet in width, setback is 10% of width, setback cannot be less than 5 feet). Such recommendation does not apply to floating vessel platforms which are regulated by Florida Statute. No action. 6. Require a ladder for every 50 feet of dock. Provide one (1) ladder for each 100 feet abutting waterway, canal or lake, for properties less than 100 feet, provide one ladder. The ladder shall be either adjustable or fixed and shall extend into the water at mean low tide. Ladder requirement would be triggered as part of a special exception request. Provide two (2) versions of amendment to include a ladder “requirement” verses a ladder “encouragement.” In addition, exempt single- family residences located on the Intracoastal Waterway from any ladder provision. 7. Maximum seawall height (additional concept, not included in initial proposal) Maximum seawall height: BFE plus one (1) foot. No action. A ladder provision that “encourages” the use of marine-related ladders has been incorporated into the Ordinance as follows: Section 30-68(g)(8): Ladders are permitted on docks, seawalls, finger piers or other mooring facilities. A proposed ladder “requirement” which was previously considered by the Town Commission at their September 17, 2024 meeting is provide d below and is based on the Planning Board’s initial recommendation. For reference purposes, a table of other municipal regulations pertaining to marine-related ladders is attached. Section 30-68(g)(8): *** All properties, with the exception of single-family residences (located within a single-family zoning district) that abut the Intracoastal Waterway, shall provide one (1) ladder for each 100 feet abutting waterway, canal or lake . For properties less than 100 feet, provide one Page 45 ladder. Such ladder requirements shall coincide with a request for special exception. The ladder shall be either adjustable or fixed and shall extend into the water at mean low waterline. The proposed Ordinance also contains non-substantive housekeeping changes including the addition of “designee” where particular Town staff duties are referenced. Rather than referencing each specific staff member that may exert such duties, a general reference to “designee” is more efficient. Effective October 1, 2023, Section 166.041(4), Florida Statutes requires that before the enactment of a proposed ordinance, the governing body of a municipality shall prepare or cause to be prepared a Business Impact Estimate (see attached). PLANNING BOARD RECOMMENDATION: At the November 14, 2024 Planning Board meeting, the Board moved to recommend approval of the proposed amendment to the Town Commission (motion carried 7 -0). HISTORY: A brief history on hearings held and other related matters pertaining to the proposed amendments to the accessory marine facility and seawall regulations 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 amendment concepts regarding the AMF 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 AMFs 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 AMF regulations of the Town Code. May 23-27, 2022 – Planning Board participates in individual site observations of the Town waterways via the Police Department’s Marine Patrol Unit (for those Board members who Page 46 do not have 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. December 5, 7,13, 2022 – Public Input Meetings regarding proposed changes (“amendment concepts”) to the AMF and seawall regulations of the Town Code of Ordinances were held at the Town Library. February 7, 2023 – Town Commission discussion on December 2022 Public Input Meetings to include summary and next steps. February 23, 2023 - At the request of the Bel Lido HOA president, staff presented the proposed amendment concepts at the Bel Lido HOA meeting. June 6, 2023 – At the request of the Town Commission, an update on the Planning Board’s ongoing discussion of the amendments concepts was provided to the Commission. June – July 2023 - At the request of the Planning Board, an additional round of individual Board member site observations of the Town waterways was conducted via the Police Department’s Marine Patrol Unit. Note five (5) of the seven (7) Board members participated. September 21, 2023 and October 12, 2023 – The Planning Board approved recommendations on the proposed amendment concepts. For Amendment Concept No. 1, motion carried 5-2 (October 12, 2023), and for Amendment Concepts 2 -7 motion carried 6- 0 (September 21, 2023). November 7, 2023 – The Planning Board’s recommendations were presented to the Town Commission by the Planning Board Chairperson, Eric Goldenberg. ATTACHMENTS: Ordinance. Business Impact Estimate Other municipal regulations pertaining to marine-related ladders. Draft report from Greg Babij. ATM report, 2/11/2022. Public Comment. Page 47 RECOMMENDATION: At the discretion of the Town Commission. Page 48 ORDINANCE NO. 2024- AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 6, “BUILDINGS AND STRUCTURES,” OF THE TOWN CODE OF ORDINANCES BY AMENDING SECTION 6-128, “APPROVAL REQUIRED FOR BULKHEADS, SEAWALLS, RETAINING WALLS; REQUIRED NOTIFICIATION OF ABUTTING PROPERTY OWNERS,” TO PROVIDE A MAXIMUM SEAWALL CAP AND DOCK WIDTH; AMENDING CHAPTER 30, “ZONING,” BY AMENDING SECTION 30-68, “SUPPLEMENTAL DISTRICT REGULATIONS,” TO PROVIDE A MAXIMUM HEIGHT FOR BOAT LIFTS, A MAXIMUM EXTENSION FOR ACCESSORY MARINE FACILICITIES INTO CANALS AND LAKES, A MAXIMUM SEAWALL CAP AND DOCK WIDTH, AND LADDER REGULATIONS AND AMENDING SECTION 30-131, “DEFINITION OF TERMS,” TO PROVIDE DEFINITIONS THAT PERTAIN TO ACCESSORY MARINE FACILITIES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND CODIFICATION; AND PROVIDING FOR 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, on November 17, 2020, the Town Commission authorized Vice-Mayor Greg Babij to sponsor a review and propose any amendment(s) to the accessory marine structure ordinance provisions; and WHEREAS, on March 15, 2022, the Town Commission considered an introduction to proposed amendment concepts regarding the accessory marine facility provisions of the Town Code; and WHEREAS, on April 19, 2022, the Town Commission provided direction in establishing a process for review of the amendment concepts; and WHEREAS, on June 21, 2022 and August 16, 2022, the Town Commission considered a discussion on a review timeline for the proposed amendment concepts and agreed to hold three (3) evening meetings at the Town Library in an effort to engage input from residents; and Page 49 WHEREAS, on December 5, 7, and 13, 2022, Public Input Meetings were held on the proposed amendment concepts to the accessory marine facility and seawall regulations of the Town Code of Ordinances; and WHEREAS, on February 7, 2023, the Town Commission agreed to have the Planning Board review the proposed amendment concepts and provide their recommendations to the Town Commission; and WHEREAS, on September 21 and October 12, 2023, the Planning Board provided their recommendations on the proposed amendment concepts to the Town Commission; and WHEREAS, on April 2, 2024, the Town Commission agreed to move forward with five (5) of the seven (7) amendment concepts, and directed staff to draft an Ordinance accordingly; and WHEREAS, the Town Commission of the Town of Highland Beach 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 that: 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 Commission hereby amends Chapter 6 “Buildings and Structures,” Article V “Seawalls; Bulkheads; Retaining Walls,” Section 6-128 “Approval required for bulkheads, seawalls, retaining walls; required notification of abutting property owners” to read as follows (additional language underlined and deleted language stricken through): Sec. 6-128. - Approval required for bulkheads, seawalls, retaining walls; required notification of abutting property owners. (a) No bulkhead, seawall, or retaining wall shall be erected or constructed in any water, canal or lake, or on land abutting thereon, within the limits of the town, unless plans and specifications have been submitted to and approved by all federal, state and county agencies with jurisdiction over such construction activities, the planning board and the town consulting engineer, with a copy of such plans and specifications being filed with the town. The planning board shall review applications under this section as special exceptions. (b) All seawalls west of State Road A1A shall be at base flood elevation (BFE) or higher as provided by the FEMA FIRM maps. The maximum combined seawall cap and dock width shall Page 50 not exceed eight (8) feet as provided in Section 30-68(g)(6)b. All seawalls on the Intracoastal Waterway and the Atlantic Ocean shall, at the discretion of the town engineer, have rip rap at the base to dissipate the wave energy and to protect the berm. SECTION 3. The Town Commission hereby amends Chapter 30 "Zoning Code,” Article IV “Zoning Districts,” Section 30-68 “Supplemental district regulations” to read as follows (additional language underlined and deleted language stricken through): 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. Page 51 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. The maximum height for lifting devices shall be at base flood elevation (BFE), as provided by the FEMA FIRM maps, plus eight (8) feet. Lifting device height shall be measured to the top of the lift structure including mechanical equipment. 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 or other governmental regulatory agency, docks and mooring facilities structures shall not extend into the water more than twenty-five feet (25’) or twenty-five percent (25%) of the waterway width, whichever is less (excludes docks and mooring facilities located along the Intracoastal Waterway), measured from the wet face of the seawall or bulkhead not extend into any waterway more than five (5) feet. b. In waterways regulated by the U.S. Army Corps of Engineers, The maximum combined seawall cap and dock width shall not exceed eight (8) feet. docks and mooring structures may extend to that distance allowed by said agency. 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. Page 52 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 designee, or planning board may request evidence, prepared by a recognized marine expert, demonstrating the following: Page 53 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. (8) Ladders are permitted on docks, seawalls, finger piers or other mooring facilities. (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 designee, or planning board may, in the exercise of their discretion, 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. Page 54 (6) Floating docks. Floating docks are permitted, subject to conformance with all zoning code requirements herein and compliance with all applicable building codes. *** SECTION 4. The Town Commission hereby amends Chapter 30 "Zoning Code,” Article VIII “Definitions,” Section 30-131 “Definitions of terms” to read as follows (additional language underlined and deleted language stricken through): 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 existing minimum seawall elevation. In no case shall the lift be higher than the superstructure of the boat when lifted except for personal watercraft including jet skis. Dolphin pilings means that the dolphin piling shall be marine grade wood pilings with a minimum butt diameter of twelve (12) inches. Concrete pile is prohibited. Dolphin pilings shall not extend into the water more than A maximum of twenty-five (25’) feet or twenty-five percent (25%) thirty (30) percent of the waterway canal width, whichever is less (excluding such pilings located along the Intracoastal Waterway), shall be allowed, measured from the wet face of the seawall or bulkhead property line. Setback shall be no further than the primary structures side yard setback. The minimum height shall be six (6) feet above mean high water (MHW) and the maximum shall be eight (8) feet above MHW. All pilings shall have a reflective tape no more than two (2) inches below the top of the piling and should be four (4) inches in width of the complete circumference. *** SECTION 5. 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 6. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7. Codification. Section 2 of the Ordinance shall 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. Page 55 SECTION 8. Effective Date. This Ordinance shall be effective immediately upon adoption at second reading and shall only apply prospectively. The forgoing Ordinance was moved by ________________________________________, seconded by ___________________________________ and upon being put to the vote, the vote was as follows: VOTES: YES NO Mayor Natasha Moore ____ ____ Vice Mayor David Stern ____ ____ Commissioner Evalyn David ____ ____ Commissioner Donald Peters ____ ____ Commissioner Judith M. Goldberg ____ ____ PASSED on first reading at the Regular Commission meeting held on this _____ day of ___________, 2024. The forgoing Ordinance was moved by ________________________________________, seconded by ___________________________________ and upon being put to the vote, the vote was as follows: VOTES: YES NO Mayor Natasha Moore ____ ____ Vice Mayor David Stern ____ ____ Commissioner Evalyn David ____ ____ Commissioner Donald Peters ____ ____ Commissioner Judith M. Goldberg ____ ____ PASSED AND ADOPTED on second and final reading at the Regular Commission meeting held on the _____ day of ___________, 2024. _________________________ Natasha Moore, Mayor ATTEST: REVIEWED FOR LEGAL SUFFICIENCY ______________________________ ______________________________ Lanelda Gaskins, MMC Leonard G. Rubin, Town Attorney Town Clerk Town of Highland Beach Page 56 1 Posted: October 03, 2024 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the Town’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title: AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 6, “BUILDINGS AND STRUCTURES,” OF THE TOWN CODE OF ORDINANCES BY AMENDING SECTION 6-128, “APPROVAL REQUIRED FOR BULKHEADS, SEAWALLS, RETAINING WALLS; REQUIRED NOTIFICIATION OF ABUTTING PROPERTY OWNERS,” TO PROVIDE A MAXIMUM SEAWALL CAP AND DOCK WIDTH; AMENDING CHAPTER 30, “ZONING,” BY AMENDING SECTION 30- 68, “SUPPLEMENTAL DISTRICT REGULATIONS,” TO PROVIDE A MAXIMUM HEIGHT FOR BOAT LIFTS, A MAXIMUM EXTENSION FOR ACCESSORY MARINE FACILICITIES INTO CANALS AND LAKES, A MAXIMUM SEAWALL CAP AND DOCK WIDTH, AND LADDER REGULATIONS AND AMENDING SECTION 30-131, “DEFINITION OF TERMS,” TO PROVIDE DEFINITIONS THAT PERTAIN TO ACCESSORY MARINE FACILITIES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the Town is of the view that a business impact estimate is not required by state law1 for the proposed Ordinance, but the Town is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed Ordinance. This Business Impact Estimate may be revised following its initial posting. ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Development orders and development permits, as those terms are defined in s. 163.3164, and development agreements, as authorized by the Florida Local Government Development Agreement Act under ss. 163.3220 -163.3243; 1 See Section 166.041(4)(c), Florida Statutes. Page 57 2 Posted: October 03, 2024 b. Comprehensive plan amendments and land development regulation amendments initiated by an application by a private party other than the municipality. c. Sections 190.005 and 190.046; d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the Town hereby publishes the following information: 1. Summary of the proposed ordinance including a statement of the public purpose to be served, such as serving the public health, safety, morals and welfare of the municipality. This Town-initiated Ordinance provides amendments to the accessory marine facility and seawall regulations of the Town Code of Ordinances. On November 17, 2020, the Town Commission of the Town Highland Beach authorized a review and proposal of any amendments to the accessory marine structure provisions in the Town Code of Ordinances. On March 15, 2022, the Town Commission considered an introduction to proposed amendment concepts that provide “clarity” on existing accessory marine facility regulations. Subsequently, three (3) public input meetings were held on December 5th, 7th, and 13th, 2022. In September and October of 2023, the Town’s Planning Board (Local Planning Agency) provided their recommendations on the proposed amendment concepts to the Town Commission. On April 2, 2024 the Town Commission agreed to proceed with five (5) of the seven (7) amendment concepts, and requested that staff provide an Ordinance. 2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the Town, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the Ordinance is enacted; (b) Identification of any new charge or fee on businesses, or for which businesses will be financially responsible; and (c) An estimate of the Town’s regulatory costs, including estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs. The Ordinance will have no direct economic impact on the one (1) existing private, for- profit business in the Town. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: The Town has one (1) existing private business (Delray Sands Resort). 4. Additional information the governing body deems useful (if any): Page 58 MARINE LADDER REGULATIONS MUNICIPALITY CODE REGULATION Boca Raton For docks, provide at least 1 ladder extending from dock surface to 2 feet below mean low water. For docks in excess of 50 ft in length, 2 ladders shall be provided. Manalapan Ladders are permitted on docks. Gulf Stream For docks in single-family residential district, ancillary structures such as swim ladders are permitted Delray Beach For a dock, at least one ladder extending from the dock surface to two feet below the mean low waterline. For finger piers and docking facilities for 2 or more boats, at least 1 ladder for each 50 feet of finger pier length or major fraction (over 50%) thereof, extending from the dock surface to 2 ft below the mean low waterline. Where 2 finger piers or more are on the same property, at least 1 ladder shall be provided for each finger pier. For a dock, or combination of docks serving the same property and exceeding 50 ft in aggregate length, at least one ladder for each 50 feet of dock length or major fraction (over 50%) thereof extending from the dock surface to two feet below the mean low waterline. Where two or more docks serve the same property, at least one ladder shall be provided for each dock. Lighthouse Point All docks shall be provided with safety ladders from the dock or pier to the low-water mark of the canal. -Note, Juno Beach and Jupiter have no code provisions specific to marine ladders. Page 59 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. 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. Page 60 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 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 Page 61 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 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 Page 62 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 property 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. 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 63 Page 64 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 65 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 66 Page 3 of 3 2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041 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' Page 67 PUBLIC COMMENT Page 68 From:Jaclyn Dehart To:Ingrid Allen; Eric Goldenberg (gldnbrg@gmail.com); Ilyne Mendelson (msirm1@gmail.com); Rbrown4314@gmail.com; David Powell; Jason Chudnofsky; David Axelrod; eve rosen Subject:FW: Public Comment for Planning Board 11/14/2024 Date:Tuesday, November 12, 2024 2:25:26 PM Attachments:image001.png Good afternoon All, Please see the below email (public comment) that will be placed on the dais for Thursday’s meeting. Thank you. Best Regards,Jaclyn DeHartDeputy Town Clerk Town of Highland Beach3614 S. Ocean BoulevardHighland Beach FL 33487(561) 278-4548 Office(561) 265-3582 Faxwww.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: Lanelda Gaskins <lgaskins@highlandbeach.us> Sent: Tuesday, November 12, 2024 1:59 PM To: maureengarrett@sbcglobal.net Cc: tarrag@aol.com; Jaclyn Dehart <jdehart@highlandbeach.us>; Public Comments <publiccomments@highlandbeach.us> Subject: RE: Public Comment for Planning Board 11/14/2024 Hello, Your public comments were received for the November 14, 2024 Planning Board Regular Meeting. Best Regards,Lanelda Gaskins, MPA, MMC, FCRMTown Clerk / Custodian of Public Records Town of Highland Beach3614 S. Ocean Boulevard Page 69 Highland Beach FL 33487(561) 278-4548 Office(561) 265-3582 Faxwww.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: maureengarrett@sbcglobal.net <maureengarrett@sbcglobal.net> Sent: Tuesday, November 12, 2024 12:40 PM To: Lanelda Gaskins <lgaskins@highlandbeach.us> Cc: maureengarrett@sbcglobal.net; tarrag@aol.com Subject: Public Comment for Planning Board 11/14/2024 Ms. Gaskins: Please submit this for public comment for the planning board scheduled 11/14/2024. If you would be so kind to confirm receipt. Thank you In opposition to the following proposed amendment concepts 1. Increasing the seawall cap plus dock to 8 ft - there is no justification in support of this change and creates navigational hazards to adjacent property owners 2. Encroachment into water at 25 ft or 25% of waterway width - completely disregards the concept of blocking neighbors’ ingress and egress specifically those with odd shaped/pie shaped/non-perpendicular property lines. 3. 10 feet set back - there is no justification in support of this change other than boaters wanting bigger boats; creates navigational hazards to adjacent property owners and completely disregards the concept of blocking neighbors’ ingress and egress specifically those with odd shaped/pie shaped/non-perpendicular property lines. 4. ladders every 50 feet - creates an attractive nuisance (to children), increase criminal home invasion opportunity and concerns of liability for homeowners. Ordinance 30-68 in its entirety fails to define terms within the ordinance and fails to consistently use the same terms throughout. For example: marine facilities vs. accessory marine facilities; mooring facilities vs. mooring devices vs. mooring structures and floating vessel platforms vs. floating docks. These terms undefined are confusing and misleading. Finally, the Ordinance needs "catch all" language giving the town authority to enforce "all marine structures." The Garretts Page 70 Page 71 Page 72 Page 73 Page 74 Page 75 Page 76 Page 77 Page 78 Page 79 Page 80 Page 81 Page 82 Page 83 Page 84 Page 85 Page 86 Page 87 Page 88 Page 89 Page 90 Page 91 Page 92 Page 93 Page 94 Page 95 Page 96 Page 97 Page 98 Page 99 Page 100 Page 101 Page 102 Page 103 Page 104 Page 105 Page 106 Page 107 Page 108 Page 109 Page 110 Page 111 Page 112 Page 113 Page 114 Page 115 Page 116 Page 117 Page 118 Page 119 Page 120 Page 121 Page 122 Page 123 Page 124 Page 125 Page 126 Page 127 Page 128 Page 129 Page 130 Page 131 Page 132 Page 133 Page 134 Page 135 Page 136 Page 137 Page 138 Page 139 Page 140 Page 141 Page 142 Page 143 Page 144 Page 145 Page 146 Sold To: Town of Highland Beach Florida - CU00661788 3614 S Ocean Blvd Highland Beach FL 33487,FL 33487-3393 Bill To: Town of Highland Beach Florida - CU00661788 3614 S Ocean Blvd Highland Beach FL 33487,FL 33487-3393 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, and by publication on the newspaper¶s website, if authorized on Sep 30, 2024 SSC_Notice of Public Meeting 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: September 30, 2024. 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 7701118 SUN-SENTINEL Page 147 SUN-SENTINEL Page 148 Order # - 7701118 SUN-SENTINEL Page 149 File Attachments for Item: A. Approval and authorization for the purchase and installation of VTScada Software by Control System Design, Inc. in an amount not to exceed $87,695.00 for the Water Treatment Plant – Fiscal Year 2025 Planned and Approved Project. Page 150 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE January 21, 2025 SUBMITTED BY: Pat Roman, Public Works Director SUBJECT: VTScada purchase and installation SUMMARY: We are asking for authorization to use 2025 budget dollars on a planned and approved project for the purchase and installation of VTScada programming software to operate the Water Treatment Plant and all its components. The current SCADA system software is outdated and does not provide the ability to record all data needed for the required Monthly Operational Reports. Control System Design proposes the Following: VTScada 5k Dual Server Premium Package including: Two development runtime licenses, unlimited thin client licenses, and alarm notification. Install Development/Runtime version: Create an application on the Town’s existing iFix application and establish communication with all of the PLCs. Install Client version of VTScada: Verify workstations are communicating with all PLCs and displaying data correctly. Configure redundancy and alarm callouts. FISCAL IMPACT: $87,695.00 budgeted in the 2025 WTP Machinery and Equipment ATTACHMENTS: Control Systems Design VTScada purchase and installation quote RECOMMENDATION: Commission approval. Page 151 VTScada Purchase and Installation Costs DESCRIPTION HRS LABOR Toal Price Below is a Not to Exceed Cost for this Project Scope 1 VTScada 5K Dual Server Premium package including: Two development runtime licenses, unlimited thin client licenses, alarm notification, support plus for one year, 24/7 support for one year, training course credit of $1000. Future annual support costs are $4049.25. 4 28,295.00$ 2 Onsite, on a new customer computer, install a Development/Runtime version of VTScada and create an application based on the Town's existing iFix application and establish communication with all of the PLCs. This computer needs to be configured for remote access. 40 5,400.00$ 3 Remotely, develop a new VTScada database from the existing iFIX database via Trihedral conversion, followed by our verification of each tag and driver installation for item 2, necessary to read all data from the PLC. Begin building a display to match the data/control of an existing iFIX display to test, verify the database modifications, communication with the PLC, identify the use of various components of VTScada, and verify operations. Make any global corrections to the database found in this exercise for all remaining tags for such things as scan rate or other global settings. Review with Town staff for style and operations of this display, and once approved, continue the complete development of this software and continue building all remaining screens based on the Town's existing iFix application using these agreed upon methods in item 4. 80 10,800.00$ CONTROL SYSTEMS DESIGN, INC. 7282 55th Avenue East # 200 - Bradenton, FL. 34203 Phone (941) 907-8815 Fax (941) 907-1285 CSD Quotation as of 1/9/2025 - Page 1 of 2 Page 152 DESCRIPTION HRS LABOR 4 Remotely, convert all remaining 37 iFIX displays and 53 historical trend displays to VTScada to duplicate the existing control system. During this effort, VTScada updates, or Changesets, will be loaded for our checkout of operation and review by Town staff for their approval of overall operation, one display at a time. Work will continue for conversion of all displays with the same update, review of operation by us and the Town to continue conversion of the remaining displays. Additionally as displays are completed, focus will also go to any aspects of historical data archival timing, specialized trend setups and reports to match what is there now and make any modifications as dictated by the Town. This effort is seen as a group effort for our conversion, checkout and Town approval in order to include them in the conversion and make any modifications necessary to match the existing operator's interface to the plant control. At any point in this process a site visit or visits may be necessary to implement a screen conversion or check on any existing iFIX scripting issues to assure a complete and operable conversion. 200 27,000.00$ 5 Onsite, Once the application has been completely developed, configure alarm callouts. 20 2,700.00$ 6 Onsite, On a new computer, install a second Development/Runtime version of VTScada and verify communication to all of the PLCs. Configure redundancy, test and verify correct operation and that all alarm callouts are working to email or text. Verify the system takes over as primary alarm callout on the event of a failover. This computer needs to be configured for remote access to allow ongoing edits to finalize the installation. 60 8,100.00$ 7 Onsite, install and test a Client version of VTScada on the computers that had runtime versions of iFIX. Verify the workstations are communicating with the VTScada servers providing all data correctly. 40 5,400.00$ Total Cost - Not to exceed for the above scope of work:444 87,695.00$ CSD Quotation as of 1/9/2025 - Page 2 of 2 Page 153 File Attachments for Item: B. Town staff is seeking authorization of a budget amendment in the amount of $155,871.78 for emergency generator repairs by Pantropic Power. Page 154 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE January 21, 2025 SUBMITTED BY: Pat Roman, Public Works Director SUBJECT: Service Repairs on Town Generator SUMMARY: We are seeking authorization for a budget amendment of $155,871.78 for an emergency generator repair. The budget amendment will be funded from the Discretionary Sales Tax (DST) fund. This repair is essential to ensure the continued operation of the town complex during a catastrophic power outage. Pre-planned maintenance revealed that the generator sustained significant damage from external natural sources, rendering it unsuitable for reconstruction as originally planned. Generator replacement, including removal, failure analysis, and installation of a new unit, will be performed. A 2-hour load bank test will be conducted after repairs are complete. Generator Replacement: The old generator will be replaced with a re-manufactured new generator from the factory due to its irreparable condition offering a 5 year/2500hrs warranty. Generator Installation: The new generator will be installed, including electrical connections, alignment, and load bank testing. Enclosure Repairs: The enclosure will be repaired, including rust removal, painting, and roof replacement. FISCAL IMPACT: $289,150.00 Total (Original Quote $133,278.22 + $155,871.78 New Unit) ATTACHMENTS: TOHB Replacement Quote RECOMMENDATION: Commission Approval Page 155 Estimate Quotation No...........: Service Call.............:. Quotation Date........: Customer No...........: Expiry Date :....... Miami 305-592-4944 West Palm Bch 561-640-0818 Ft. Myers 239-337-4222 Ft. Lauderdale 954-797-7972 Stuart 772-692-3442 Ship To: Sold To: Pantropic Power ContactPantropic Power ContactPantropic Power ContactPantropic Power Contact Phone No.Phone No.Phone No.Phone No.DivisionDivisionDivisionDivision DepartmentDepartmentDepartmentDepartment ModelModelModelModel Serial No.Serial No.Serial No.Serial No.ID No.ID No.ID No.ID No.Customer Equipment No.Customer Equipment No.Customer Equipment No.Customer Equipment No.Service MeterService MeterService MeterService Meter 12-27-2024ER 12-27-2024 TOWN OF HIGHLAND BEACH 3614 S OCEAN BLVD Pat Roman Highland Beach, Fl 33487 Ed Riveron 954-214-1277 EPG Service 3516 ZAP00380 939 TOWN OF HIGHLAND BEACH 3614 S OCEAN BLVD Highland Beach, Fl 33487 289150TOTAL: HOURS Proman@highlandbeach.us 561-856-2963 Tax is not included Approver's signature Pat Roman NOTES: The following is a formal estimate to perform service repairs on your Cat 3516 with serial number-ZAP00380 disconnect and remove the roof top from the enclosure. only the section where the generator will be lifted through the top. We will disconnect all the electrical connections from the breaker bus and all the cables from the control panel. We will use a 90-ton crane to lift the generator end. Once the generator is out, we will . to protect it from the rain. transport to pantropic for a failure analysis. Due to the condition of the old generator and consulting with Caterpillar , the old generator can not be fix and will have to be replace with a re-man new generator from factory. We will cut the old plates clean and remove the rust and apply anti rust primer and then paint the frame . Open new holes for the new generator and plates . Dog Housing extension fabrication and installation to fit the new generator,remove the all leads from new generator and make new cable extensions fabrication and installation to reach the breaker . laser align the new unit. Alignment of new unit and crankshaft deflection. We will use a 90-ton crane to lift the generator end and drop it in the frame and make all of the electrical connection from generator to the main breaker . Reconnect the EMCP panel and test for all alarms. Install the roof back to the enclosure and seal the top of the enclosure. Once the repairs are done we will perform a 2 hr load bank to test the generator set . 5 year warranty with 2500 hrs/ o deductible Page 156 Estimate Quotation No...........: Service Call.............:. Quotation Date........: Customer No...........: Expiry Date :....... Miami 305-592-4944 West Palm Bch 561-640-0818 Ft. Myers 239-337-4222 Ft. Lauderdale 954-797-7972 Stuart 772-692-3442 Ship To: Sold To: Pantropic Power ContactPantropic Power ContactPantropic Power ContactPantropic Power Contact Phone No.Phone No.Phone No.Phone No.DivisionDivisionDivisionDivision DepartmentDepartmentDepartmentDepartment ModelModelModelModel Serial No.Serial No.Serial No.Serial No.ID No.ID No.ID No.ID No.Customer Equipment No.Customer Equipment No.Customer Equipment No.Customer Equipment No.Service MeterService MeterService MeterService Meter 12-27-2024ER 12-27-2024 TOWN OF HIGHLAND BEACH 3614 S OCEAN BLVD Pat Roman Highland Beach, Fl 33487 Ed Riveron 954-214-1277 EPG Service 3516 ZAP00380 939 TOWN OF HIGHLAND BEACH 3614 S OCEAN BLVD Highland Beach, Fl 33487 289150TOTAL: HOURS Proman@highlandbeach.us 561-856-2963 Tax is not included Approver's signature Pat Roman NOTES: We will use a 90-ton crane to drop off the generator end back in the enclosure. We will make all the electrical connections to the breaker bus and all the cables from the control panel to the generator end, Reinstall the roof of the enclosure back in its place re seal the enclosure. Start the generator and run it and make sure it does not have any problem and then perform a 2 hr load bank test Page 157 Pantropic Power Inc. Service Estimate Terms and Conditions Per Customer request, Pantropic Power Inc. (“PANTROPIC”) has estimated repairs on the equipment (includes all components, machines, or other miscellaneous items) listed herein. A repair description with labor and/or parts is stated herein. Upon disassembly of the equipment to be repaired, additional parts and labor may be necessary. If so, an estimate for additional repairs will be forwarded to Customer for approval. Note: by accepting this Estimate in writing, verbally, or by signing a corresponding “AUTHORIZATION FOR SERVICE WORK”, Customer agrees to all terms and conditions set forth herein. NOTE: TERMS AND CONDITIONS SET FORTH HEREIN PREVAIL OVER CUSTOMER PURCHASING TERMS. 1. Authority to Perform Repairs: It is understood that, “upon receipt” of any item of equipment for repair, maintenance or other work, PANTROPIC may examine the item of equipment as to work which PANTROPIC may suggest to be performed in addition to whatever work, if any, might have been requested by customer. All work (requested by customer or suggested by PANTROPIC) to be noted on a form as supplied by PANTROPIC. a. Time and Material Work: PANTROPIC will proceed with the work agreed upon as set forth herein. b. Firm Price: If requested, a firm price in writing will be given to the customer for labor and/or parts to do a specific repair. Any agreed upon repair order not covered by a firm written proposal will be billed at current time and material prices. c. Unforeseen Problems or Additional Repairs: PLEASE BE ADVISED: UNFORESEEN ISSUES/PROBLEMS AND UNANTICIPATED CONDITIONS MAY CAUSE REPAIR PRICE TO INCREASE. In the event that during the course of the work, additional repair work (due to continuous use, unknown problems, working conditions, dirty Equipment, waiting on Customer approved support, parts exchange cores that do not meet 100% core refund criteria, conditions out of PANTROPIC’s control, and items found in need of repair or replacement during disassembly that are not covered herein) is found to be necessary pursuant to Pantropic’s examination and inspection of the Machine, then in such event PANTROPIC will attempt to communicate with the Customer as to the additional repair work; provided, however, that in the event Pantropic is unable to communicate with the Customer, then Pantropic, at its sole discretion, shall have the absolute right to cease any and all repairs on the Equipment until such time as the additional repairs are discussed with the Customer. In the event the Customer consents to the additional repairs, PANTROPIC shall have the right to proceed with the repair of the same without further communication with the Customer and any and all additional repairs will be charged to the Customer at current time and material prices. d. Authority of Customer Personnel: Unless Customer notifies PANTROPIC in writing, any Customer personnel communicating with PANTROPIC shall have the full authority to authorize repairs. All instructions to PANTROPIC by Customer regarding authority of Customer’s personnel to bind (authorize repairs) Customer shall be in writing (via e‐mail, courier, or U.S. Mail). e. Purchase Order: In the event that a purchase order number is required by Customer, Customer shall provide such purchase order number within 10 business days of receiving a Proforma Invoice from PANTROPIC. If Customer fails to provide such purchase order number within such time period (10 business days of Proforma Invoice), PANTROPIC shall have the right to Invoice the Customer without a purchase order number, and Customer thereby additionally forfeits any rights to dispute such Invoice. 2. Hold Harmless Agreement for Customer Participation in Service Work: In the event Customer or Customers’ personnel assists PANTROPIC personnel in performing service work, Customer agrees to hold harmless and fully indemnify PANTROPIC for injuries or damages to anyone arising out of Customer assisting PANTROPIC personnel in servicing or repairing Customer’s equipment. 3. Corporate Discount: No additional corporate discounts may be applied to the above estimated price. 4. Warranty: PANTROPIC warrants the work performed to be free from defects in material and workmanship for a period of ninety days. PANTROPIC’s obligation under this warranty shall be limited to the repair or replacement at PANTROPIC’s premises of those new parts previously installed or labor previously performed demonstrated to be defective. SUCH REMEDY SHALL CONSTITUTE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND CUSTOMER HEREBY AGREES THAT NO OTHER REMEDY (INCLUDING, BUT NOT LIMITED TO CLAIMS FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY CAUSE, LOSS, ACTION, CLAIM OR DAMAGE, INCLUDING LOSS OF TIME, WHATSOEVER, OR INJURY TO PERSON OR PROPERTY OR ANY OTHER CONSEQUENTIAL DAMAGE OR INCIDENTAL OR ECONOMIC LOSS) SHALL BE AVAILABLE TO CUSTOMER. THIS WARRANTY IS EXPRESSELY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MECHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUBSTANDARD REPAIR WORK MAY BE PROVIDED UPON REQUEST OF CUSTOMER AND ACCORDING TO CUSTOMER’S INSTRUCTIONS BUT SUCH WORK WILL CARRY ABSOLUTELY NO WARRANTY WHATSOEVER. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT NO VERBAL CONTRACTS, AGREEMENTS OR WARRANTIES OTHER THAT WHAT IS SET FORTH HEREIN HAVE BEEN RECEIVED OR GIVEN. 5. Cores: Customer assumes liability for Lost or Damaged Cores. All Core charges shall be the responsibility of the Customer. PANTROPIC assumes ownership of all take off items removed from Machine(s) not reinstalled during the repair process. 6. Price Adjustments: This proposal is based on current parts and labor pricing. Customer shall assume the price increases incurred. 7. Miscellaneous: This proposal is prepared with the most current information available to PANTROPIC. a. The following charges are not included unless stated in this proposal: (State, local, indigent care, Environmental, taxes, freight, etc.) All prices are subject to all federal, state, local sales, use, excise and other taxes on the production, sale, use, or shipment of the goods sold, now or subsequently becoming effective, and if not included in the invoice for the goods, that amount may be invoiced later. b. This is the entire agreement between the parties and may not be modified or amended except by a written document signed by the party against whom enforcement is sought. 8. Risk of Loss: All risk of loss and damage not covered by insurance (including any deductibles) shall be borne solely by owner of equipment. 9. Severability: Any provisions herein found to be prohibited by law shall be immediately ineffective to the extent of such prohibition without invalidating the rest of this agreement. 10. Statutory lien: Customer hereby waives its rights to possession under Fla. Stat. 713.74, and agrees that PANTROPIC is entitled to a possessory lien in connection with the equipment identified herein until it is paid in full for any and all parts, labor, and/or services. 11. Choice of law, forum and expenses: Customer shall pay PANTROPIC for reasonable costs, fees and expenses (including attorney's fees and court costs incurred through appellate levels and any post judgment expenses and interest incurred), incurred by PANTROPIC in the event of a controversy regarding this transaction, or in collecting monies due or to become due or incurred in replevying the equipment as a result of Customer ordering equipment and property from PANTROPIC or as a result of a breach by Customer of any of its obligations hereunder. In the event litigation arises, the right of trial by jury is waived by both parties and Customer agrees that the suit may be brought only in Miami‐Dade or Broward County. These terms and conditions shall be governed and construed in accordance with the laws of the State of Florida. Page 158 File Attachments for Item: A. Resolution No. 2025-001 A Resolution of the Town Commission of the Town of Highland Beach, Florida, approving and adopting the 2024 Revised Palm Beach County Local Mitigation Strategy Plan; and providing for an effective date. Page 159 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE January 21st, 2025 SUBMITTED BY: Glenn Joseph, Fire Chief SUBJECT: Resolution No. 2025-001 A Resolution of the Town Commission of the Town of Highland Beach, Florida, approving and adopting the 2024 Revised Palm Beach County Local Mitigation Strategy Plan; and providing for an effective date. SUMMARY: The Federal Emergency Management Agency (FEMA) mandates that all Local Mitigation Strategy (LMS) programs revise their plans every five years to comply with federal guidelines outlined in the Disaster Mitigation Act of 2000. The revised Palm Beach County LMS was approved by the Florida Division of Emergency Management on August 6, 2024, and subsequently adopted by the County on September 17, 2024. The adoption of the revised Palm Beach County LMS will ensure the town's participation in the Local Mitigation Strategy (LMS) Prioritized Project List (PPL). This participation allows the Town to remain eligible for future funding through various programs, including the Pre-Disaster Mitigation (PDM) Program, Public Assistance (PA), Flood Mitigation Assistance (FMA) Program, and Hazard Mitigation Grant Program (HMGP). Additionally, it enables the Town to receive reimbursements for costs incurred during Presidentially Declared Disasters for projects submitted to the LMS PPL for evaluation and ranking alongside other municipalities. FISCAL IMPACT: N/A ATTACHMENTS: Resolution No. 2025-001 Exhibit A - Resolution No. 2025-001 RECOMMENDATION: Approval of Resolution No. 2025-001, for adopting the 2024 revised Palm Beach County Local Mitigation Strategy Plan. Page 160 TOWN OF HIGHLAND BEACH RESOLUTION NO. 2025-001 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPROVING AND ADOPTING THE 2024 REVISED PALM BEACH COUNTY LOCAL MITIGATION STRATEGY PLAN; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Palm Beach County is susceptible to a variety of natural, technological, and human-caused disasters, including but not limited to severe weather, hazardous materials incidents, nuclear power plant emergencies, communicable diseases, and domestic security incidents; as well as climate change impacts and sea level rise that causes increased inundation, shoreline erosion, flooding from severe weather events, and expedited loss of critical habitats; and WHEREAS, the Disaster Mitigation Act of 2000 was enacted to establish a natural disaster hazard mitigation program to reduce the loss of life and property, human suffering, economic disruption, and disaster assistance costs resulting from disasters and to assist state, local, and tribal governments in implementing effective hazard mitigation measures to ensure the continuation of critical services and facilities after a natural disaster; and WHEREAS, the Disaster Mitigation Act of 2000, as a condition for qualifying for and receiving future Federal mitigation assistance funding as well as reimbursement for Presidentially Declared Disasters, requires such governments to have Federal Emergency Management Agency approved hazard mitigation plans in place that identify the hazards that could impact their jurisdictions, identify actions and activities to mitigate the effects of those hazards, and establish a coordinated process to implement plans; and WHEREAS, Palm Beach County’s Local Mitigation Strategy, in coordination with governmental and non-governmental stakeholders having an interest in reducing the impact of disasters and with input from the private sector and other members of the public, developed the Palm Beach County Local Mitigation Strategy; and WHEREAS, the 2024 Local Mitigation Strategy has been app roved by the Florida Division of Emergency Management and the Federal Emergency Management Agency subject to adoption by the Palm Beach County Board of County Commissioners; and Page 161 Resolution No. 2025-001 2 WHEREAS, the Local Mitigation Strategy Steering Committee recommends form adoption of the 2024 Local Mitigation Strategy, including planned future enhancements described therein by the County and all participating municipalities. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing “Whereas” clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The Town Commission of the Town of Highland Beach hereby approves and adopts the 2024 Revised Local Mitigation Strategy Plan (attached hereto as Exhibit A) in its entirety, as revised by the LMS Steering Committee as submitted to the Pal m Beach County Board of County Commissioners, the Florida Division of Emergency Management and the Federal Emergency Management Agency. Section 3. The Town Commission of the Town of Highland Beach authorizes the appropriate Town Officials to pursue available funding opportunities for implementation of proposed mitigation initiatives described in the Local Mitigation Strategy, and upon receipt of such funding or other necessary resources, seek to implement the actions in accordance with the mitigation strategies set out by the Local Mitigation Strategy. Section 4. The Town Commission of the Town of Highland Beach will continue to support and participate in the Local Mitigation Strategy planning and implementation process as required by Federal Emergency Management agency, the Florida Division of Emergency Management, and the Palm Beach County Local Mitigation Strategy Steering Committee. Section 5. The Town Commission of the Town of Highland Beach will consider incorporating climate change concerns, sea level rise and natural hazards into the local comprehensive plan and into future reviews of flood prevention regulations and zoning codes. Section 6. The Town Commission of the Town of Highland Beach directs the Town Clerk to transmit an original of the executed Resolution to the Palm Beach County Division of Emergency Management, attention Local Mitigation Strategy Coordinator, for filing in the Office of the Clerk & Comptroller. Section 7. This Resolution shall be effective immediately upon adoption. Page 162 Resolution No. 2025-001 3 DONE AND ADOPTED by the Town Commission of the Town of Highland Beach, Florida, this ________ day of _____________________ 2025. Natasha Moore, Mayor ATTEST: REVIEWED FOR LEGAL SUFFICIENCY: Lanelda Gaskins, MMC Town Clerk Leonard G. Rubin, Town Attorney VOTES: YES NO Mayor Natasha Moore Vice Mayor David Stern Commissioner Evalyn David Commissioner Donald Peters Commissioner Judith Goldberg Page 163 Exhibit A - Resolution No. 2025-001 Page 164 File Attachments for Item: B. Resolution No. 2025-002 A Resolution of the Town Commission of the Town of Highland Beach, Florida, providing for the permanent retention of all public records relating to Building Permits and Land Development Applications and Approvals; providing for conflicts; providing for severability; and providing for an effective date. Page 165 RESOLUTION NO. 2025-002 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING FOR THE PERMANENT RETENTION OF ALL PUBLIC RECORDS RELATING TO BUILDING PERMIT AND LAND DEVELOPMENT APPLICATIONS AND APPROVALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, as a municipal corporation organized and existing under the laws of the State of Florida, the Town of Highland Beach is subject to Chapter 119, Florida Statutes, known as Florida’s “Public Records Law;” and WHEREAS, Section 119.021(2)(a), Florida Statutes, requires the State Division of Library and Information Services (“Division”) of the Florida Department of State to adopt rules establishing retention schedules and a disposal process for public records; and WHEREAS, Division has established General Records Schedule GS1-SL for state and local government agencies; and WHEREAS, while Section 257.36(6), Florida Statutes, provides that a public record may be destroyed or otherwise disposed of only in accordance with the retention schedules established by the Division, the Town may retain records longer than otherwise required by the retention schedule; and WHEREAS, technological advances in the electronic storage of records have made the retention of public records more convenient and less expensive; and WHEREAS, notwithstanding the retention schedule established by the Division, the Town Commission wishes to provide for the permanent retention of all public records related to building permit and land development applications and approvals and determines that the adoption of this Resolution is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED, by the Town Commission of the Town of Highland Beach, Florida, that: SECTION 1. The foregoing recitals are ratified as true and correct and are hereby incorporated herein. SECTION 2. The Town Commission hereby determines that notwithstanding the retention schedule for municipal public records established by the Division of Library and Information Services of the Department of State as set forth in schedule GS1-SL, the Town shall Page 166 Resolution No. 2025-____ 2 require the permanent retention of all public records relating to building permit and land development applications, including, but not limited to records relating to: architectural/building plans; building permits; certificates of occupancy and completion; comprehensive planning; final orders and supporting materials relating to the approval and denial of development orders entered by the Town Commission, the Planning Board, and the Board of Adjustment and Appeals; land development and planning project files for approved and denied/abandoned projects; subdivisions; and zoning variances. SECTION 3. All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed to the extent of such conflict. SECTION 4. The Resolution shall take effect immediately upon adoption. DONE AND ADOPTED by the Town Commission of the Town of Highland Beach, Florida, this 21st day of January, 2025. Natasha Moore, Mayor ATTEST: REVIEWED FOR LEGAL SUFFICIENCY: Lanelda Gaskins, MMC Town Clerk Leonard G. Rubin, Town Attorney VOTES: YES NO Mayor Natasha Moore ____ ____ Vice Mayor David Stern ____ ____ Commissioner Evalyn David ____ ____ Commissioner Donald Peters ____ ____ Commissioner Judith Goldberg ____ ____ Page 167 File Attachments for Item: C. Resolution No. 2025-003 A Resolution of the Town Commission of the Town of Highland Beach, Florida, designing the Palm Beach County Canvassing Board as the Town's Canvassing Board for the March 2025 General Municipal Election; providing for conflicts; and providing for an effective date. Page 168 RESOLUTION NO. 2025-003 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, DESIGNATING THE PALM BEACH COUNTY CANVASSING BOARD AS THE TOWN’S CANVASSING BOARD FOR THE MARCH 2025 GENERAL MUNICIPAL ELECTION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article I, Section 1.06(7) of the Town of Highland Beach Charter provides that, when deemed in the best interest of the Town, the Town Commission may, by resolution, designate the Palm Beach County Canvassing Board to serve as the Town’s Canvassing Board for Town elections; and WHEREAS, at the March 11, 2025 general municipal election, the Town Commission is conducting a referendum election seeking voter approval for an expenditure of up to $3,500,000 for two public safety projects pursuant to Section 2.01(30) of the Town Charter; and WHEREAS, the Town Commission determines that designating the County Canvassing Board to serve as the Town’s Canvassing Board for the March 2025 election in the best interest of the Town and serves a valid public purpose. NOW, THEREFORE, BE IT RESOLVED, by the Town Commission of the Town of Highland Beach, Florida, that: SECTION 1. The foregoing recitals are ratified as true and correct and are hereby incorporated herein. SECTION 2. The Town Commission hereby delegates all canvassing duties, as defined by Florida Statutes and the Florida Administrative Code, for the March 11, 2025 election to the County Canvassing Board appointed by the Palm Beach County Commission and the Chief Judge of the Fifteenth Judicial Circuit. The Canvassing Board shall consist of the Supervisor of Elections; a county court judge, who shall serve as chair; and the chair of the Board of County Commissioners or their respective alternates or designees. SECTION 3. All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed to the extent of such conflict. SECTION 4. The Resolution shall take effect immediately upon adoption. Page 169 Resolution No. 2025-003 2 DONE AND ADOPTED by the Town Commission of the Town of Highland Beach, Florida, this 21st day of January, 2025. Natasha Moore, Mayor ATTEST: REVIEWED FOR LEGAL SUFFICIENCY: Lanelda Gaskins, MMC Town Clerk Leonard G. Rubin, Town Attorney VOTES: YES NO Mayor Natasha Moore Vice Mayor David Stern Commissioner Evalyn David Commissioner Donald Peters Commissioner Judith Goldberg Page 170 File Attachments for Item: D. Regulation of Floating Vessel Platform and Floating Boat Lifts Legal Opinion by Attorney Rubin Page 171 Page 172 Page 173 Page 174 Page 175 Page 176 This document does not reflect the intent or official position of the bill sponsor or House of Representatives . STORAGE NAME: h0847z1.DOCX DATE: 5/30/2023 HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS BILL #: CS/CS/HB 847 Vessel Regulations SPONSOR(S): Infrastructure Strategies Committee and Water Quality, Supply & Treatment Subcommittee, Stark and others TIED BILLS: IDEN./SIM. BILLS: CS/SB 1082 FINAL HOUSE FLOOR ACTION: 113 Y’s 2 N’s GOVERNOR’S ACTION: Approved SUMMARY ANALYSIS CS/CS/HB 847 passed the House on April 26, 2023, and subsequently passed the Senate on May 2, 2023. The Fish and Wildlife Conservation Commission (FWC), created by Article IV, section 9, of the Florida Constitution, is the agency responsible for regulating boating in the state. This responsibility includes enforcing boating rules and regulations, and managing public water and access to the waters. Boating-restricted areas, which restrict vessel speeds and traffic, may be established on the waters of the state for any purpose necessary to protect the safety of the public . The restrictions must be necessary due to boating accidents, visibility, hazardous currents or water levels, vessel traffic congestion, or other navigational hazards or to protect seagrasses on privately-owned submerged lands . The Departm ent of Environmental Protection (DEP) regulates activities in, on, or over surface waters, as well as any activity that alters surface water flows, through environmental resource permits (ERPs). ERPs are required for development or construction activities typically involving the dredging or filling of surface waters, construction of flood protection facilities, building dams or reservoirs, and any other activities that affect state waters. Current law provides exceptions from ERP permitting for certain types of projects. Generally, these permit exceptions restrict how the project is undertaken, provide size and location requirements, or provide for maintenance, repair, or replacement of existing structures. An exemption currently exists for the construction, installation, operation, or maintenance of floating vessel platforms or floating boat lifts that meet certain requirements. The bill allows a municipality or county to adopt an ordinance that establishes a slow speed, minimum wake boating-restricted area, if the area is within 500 feet of a sewage pumpout station at any public or private nonresidential marina if the sewage pumpout station is within 100 feet of the marked channel of the Florida Intracoastal Waterway. The bill revises the ERP permitting exemption for floating vessel platforms and floating boat lifts to specify local governments may only require a one-time registration for a floating vessel platform where the owner of such platform self-certifies compliance with the ERP exemption criteria to ensure compliance with ordinances, codes, state-delegated or state-mandated plans or programs, which may not be applied more stringently than, or inconsistent with, the ERP exemption criteria for certain floating vessel platforms. The bill does not appear to have a fiscal impact on state or local government. The bill was approved by the Governor on May 25, 2023, ch. 2023 -151, L.O.F., and will become effective on July 1, 2023. Page 177 STORAGE NAME: h0847z1.DOCX PAGE: 2 DATE: 5/30/2023 I. SUBSTANTIVE INFORMATION A. EFFECT OF CHANGES: Background Fish and Wildlife Conservation Commission The Fish and Wildlife Conservation Commission (FWC), created by Article IV, section 9, of the Florida Constitution, is responsible for regulating, managing, protecting, and conserving the state’s fish and wildlife resources . FWC is governed by a board of seven members who are appointed by the Governor and confirmed by the Senate.1 Pursuant to its constitutional authority, FWC exercises the regulatory and executive powers of the state with respect to wild animal life, fresh water aquatic life, and marine life.2 FWC is also the agency responsible for regulating boating in the state. Through its Division of Law Enforcement, FWC manages the state’s waterways to ensure boating safety for residents and visitors to the state.3 This responsibility includes enforcing boating rules and regulations, coordinating boating safety campaigns and education, managing public water and access to the waters, conducting boating accident investigations, identifying and removing derelict vessels, and investigating vessel theft and title fraud.4 Boating Restricted Areas Boating-restricted areas, which restrict vessel speeds and traffic, may be established on the waters of the state for any purpose necessary to protect the safety of the public.5 The restrictions must be necessary due to “boating accidents, visibility, hazardous currents or water levels, vessel traffic congestion, or other navigational hazards or to protect seagrasses on privately-owned submerged lands .”6 Local governments are generally prohibited from regulating any vessel upon the Florida Intracoastal Waterway.7 However, local governments have been delegated authority to establish certain boating - restricted areas by ordinance, including in the portion of the Florida Intracoas tal Waterway that is within their jurisdiction.8 A municipality or county may adopt an ordinance that establishes an idle speed, no wake boating - restricted area, if the area is: Within 500 feet of any boat ramp, hoist, marine railway, or other launching or landing facility available for use by the general boating public on waterways more than 300 feet in width or within 300 feet of any boat ramp, hoist, marine railway, or other launching or landing facility available for use by the general boating public on waterways not exceeding 300 feet in width. Within 500 feet of fuel pumps or dispensers at any marine fueling facility that sells motor fuel to the general boating public on waterways more than 300 feet in width or within 300 feet of the 1 Art. IV, s. 9, Fla . Const. 2 Id . 3 Fish and Wildlife Conservation Commission (FWC), Boating , https://myfwc.com/boating/ (last visited Mar. 22, 2023). 4 FWC, Law Enforcement , https://myfwc.com/about/inside -fwc/le/ (last visited Feb. 23, 2023). See s. 327.70(1) and (4), F.S. 5 S. 327.46(1), F.S. 6 Id . 7 S. 327.60(2)(c), F.S.; “Florida Intracoastal Waterway” means the Atlantic Intracoastal Waterway, the Georgia state line north of Fernandina to Miami; the Port Canaveral lock and canal to the Atlantic Intracoastal Waterway; the Atlantic Intracoas tal Waterway, Miami to Key West; the Okeechobee Waterway, Stuart to Fort Myers; the St. Johns River, Jacksonville to Sanford; the Gulf Intracoastal Waterway, Anclote to Fort Myers; the Gulf Intracoastal Waterway, Carrabelle to Tampa Bay; Carrabelle to Ancl ote open bay section, using the Gulf of Mexico; the Gulf Intracoastal Waterway, Carrabelle to the Alabama state line west of Pensacola ; and the Apalachicola, Chattahoochee, and Flint Rivers in Florida. S. 327.02(15), F.S. 8 S. 327.46(1)(b)-(c), F.S. Page 178 STORAGE NAME: h0847z1.DOCX PAGE: 3 DATE: 5/30/2023 fuel pumps or dispensers at any licensed terminal facility that sells motor fuel to the general boating public on waterways not exceeding 300 feet in width. Inside or within 300 feet of any lock structure.9 A municipality or county may adopt an ordinance that establishes a slow speed, minimum wake boating-restricted area, if the area is: Within 300 feet of any bridge fender system. Within 300 feet of any bridge span presenting vertical clearance of less than 25 feet or a horizontal clearance of less than 100 feet. On a creek, stream, canal, or similar linear waterway if the waterway is less than 75 feet in width from shoreline to shoreline. On a lake or pond of less than 10 acres in total surface area. Within the boundaries of a permitted public mooring field and a buf fer around the mooring field of up to 100 feet.10 A municipality or county may adopt an ordinance that establishes a vessel -exclusion zone if the area is: Designated as a public bathing beach or swim area, except that such areas may not be created on waters that include any portion of the Florida Intracoastal Waterway or that are within 100 feet of the marked channel of the Florida Intracoastal Waterway. Within 300 feet of a dam, spillway, or flood control structure.11 It is unlawful for any person to operate a vessel in a prohibited manner or to carry on any prohibited activity within a boating-restricted area which has been clearly marked by regulatory markers as an authorized restricted area.12 These restrictions do not apply in the case of an emergency or to a law enforcement, firefighting, or rescue vessel owned or operated by a government entity.13 Pumpout stations Pumpout stations are machines that pull sewage from the waste holding tank of a boat.14 There are public and private pumpout stations.15 It is important to have a sufficient supply of pumpout stations because a lack of such facilities for recreational boaters leads to sewage being dumped into waters.16 Raw or partially-treated boat sewage contains dangerous viruses and bacteria,17 and it is particularly important to prevent the spread of such sewage.18 The federal Clean Vessel Act was signed into law in 1992 and it prohibits individuals from discharging raw sewage from vessels into fresh water or coastal saltwater.19 The act established the Clean Vessel Act Grant Program , which is housed in the U.S. Fish and Wildlife Service and administered in Florida by the Department of Environmental Protection (DEP), to fund sewage disposal facilities.20 Since 1994, 9 S. 327.46(1)(b)1., F.S. 10 S. 327.46 (1)(b)2., F.S. 11 S. 327.46(1)(b)3., F.S. 12 S. 327.46(3), F.S. 13 S. 327.46(4), F.S. 14 Michigan Pumpouts, Pumpout FAQs, https://www.michiganseagrant.org/michiganpumpouts/frequently -asked -questions/ (last visited Apr. 14, 2023). 15 UF, IFAS Extension, Florida Sea Grant Extension & Education Program (last updated Oct. 27, 2022), https://flseagrant.ifas.ufl.edu/clean -boating/where-to-pumpout/ (last visited Apr. 16, 2023). 16 Department of Environmental Protection (DEP), About the Clean Vessel Act (last updated Aug. 5, 2022), https://floridadep.gov/rcp/cva/content/about-clean-vessel-act (last visited Apr. 14, 2023). 17 Department of Ecology, State of Washington, Pump Out, Don’t Dump Out – Help Protect Puget Sound! (May 19, 2021), https://ecology.wa.gov/Blog/Posts/May-2021/Pump -out,-dont-dump -out-Help -protect-Puget-Sound (last visited Apr. 14, 2023). 18 U.S. Environmental Protection Agency, A Recreational Boater’s Guide to Vessel Sewage, p.3, https://www.epa.gov/sites/default/files/2021-06/documents/a_recreational_boaters_guide_to_vessel_sewage.pdf . 19 DEP, Clean Vessel Act Grant Program, https://floridadep.gov/RCP/CVA (last visited Apr. 16, 2023). 20 Id. Page 179 STORAGE NAME: h0847z1.DOCX PAGE: 4 DATE: 5/30/2023 more than 570 pumpout stations have been installed across Florida with funding from the Clean Vessel Act Grant Program.21 Environmental Resource Permits DEP regulates activities in, on, or over surface waters, as well as any activity that alters surface water flows, through environmental resource permits (ERPs). ERPs are required for development or construction activities typically involving the dredging or filling of surface waters, construction of flood protection facilities, building dams or reservoirs, and any other activities that affect state waters.22 ERP applications are processed by either DEP or one of the state's water management districts (WMDs ) in accordance with the division of responsibilities specified in operating agreements between DEP and the WMDs.23 ERP Exceptions Current law provides exceptions from ERP24 permitting for certain types of projects.25 Generally, these permit exceptions restrict how the project is undertaken, provide size and location requirements , or provide for maintenance, repair, or replacement of existing structures.26 For example, state law provides exceptions from ERP permitting for the installation of overhead tr ansmission lines with support structures that are not constructed in waters of the state and that do not create a navigational hazard ; the installation and maintenance of certain boat ramps on artificial bodies of water where navigational access is provided; and the construction of private docks of 1,000 square feet or less of over -water surface area and seawalls in artificially created waterways when such construction will not violate existing water quality standards, impede navigation, or affect flood con trol.27 These exceptions do not relieve an applicant from obtaining permission to use or occupy lands owned by the Board of Trustees of the Internal Improvement Trust Fund (Board) or a WMD or from complying with local pollution control programs or other requirements of local governments.28 ERP Exceptions for Docks Included among the projects that are exempt from ERP permitting requirements is the installation and repair of mooring pilings and dolphins associated with private docking facilities or piers ; the installation of private docks, piers, and recreational docking facilities ; or the installation of piers and recreational docking facilities of local governmental entities when the entity’s activities will not take place in any manatee habitat.29 This exem ption applies when the dock: Has 500 square feet or less of over-water surface area and is located in an area designated as an Outstanding Florida Water or has 1,000 square feet or less of over-water surface area and is not located in an area that is designated as an Outstanding Florida Water; Is constructed on or held in place by pilings or is a floating dock constructed so as not to involve filling or dredging other than that necessary to install the pilings; Does not substantially impede the flow of water or create a navigational hazard; Is used for recreational, noncommercial activities associated with the mooring or storage of boats and boat paraphernalia; and 21 DEP, supra note 16. (Each year, DEP may apply to the U.S. Fish and Wildlife Service for funding of up to 75% of all approved projects, with matching funds being supplied by the state, local governments, private businesses or associations.) 22 South Florida Water Management District, Environmental Resource Permits, https://www.sfwmd.gov/doing -business -with - us/permits/environmental-resource-permits (last visited Mar. 1, 2023). 23 DEP, Submerged Lands and Environmental Resources Coordination Program , https://floridadep.gov/water/submerged -lands - environmental-resources -coordination (las t visited Mar. 1, 2023). 24 See chs. 373 and 403, F.S. 25 S. 403.813(1), F.S. 26 See s. 403.813(1)(a)-(v), F.S.; see also r. 62-330.051, F.A.C. 27 Id. 28 S. 403.813(1), F.S. 29 S. 403.813(1)(b), F.S. Page 180 STORAGE NAME: h0847z1.DOCX PAGE: 5 DATE: 5/30/2023 Is the sole dock constructed pursuant to this exemption as measured al ong the shoreline for a distance of 65 feet, unless the parcel of land or individual lot as platted is less than 65 feet in length along the shoreline, in which case one exempt dock may be allowed per parcel or lot.30 ERP Exceptions for Floating Structures Additionally, there is an ERP permit exemption for the construction, installation, operation, or maintenance of floating vessel platforms or floating boat lifts, provided that such structures: Float at all times in the water for the sole purpose of suppor ting a vessel so that the vessel is out of the water when not in use; Are wholly contained within a previously permitted boat slip or do not exceed a combined total of 500 square feet, or 200 square feet in an Outstanding Florida Water, when associated wi th a dock that is exempt from ERP permitting or associated with a permitted dock with no defined boat slip or attached to a bulkhead on a parcel of land where there is no other docking structure; Are not used for any commercial purpose or for mooring vess els that remain in the water when not in use, and do not substantially impede the flow of water, create a navigational hazard, or unreasonably infringe upon the riparian rights of adjacent property owners; Are constructed and used so as to minimize the adverse impacts to submerged lands, wetlands, shellfish areas, aquatic plant and animal species, and other biological communities, including locating such structures in areas where seagrasses are least dense adjacent to the dock or bulkhead; and Are not cons tructed in areas specifically prohibited for boat mooring under conditions of an ERP permit or other form of authorization issued by a local government.31 Structures that meet this exemption criteria are typically made of lightweight materials that float and do not have posts or structures that disturb the sovereign submerged lands below. Structures that qualify for this exemption are not required to obtain permission to use or occupy lands owned by the Board, and, with certain exceptions, may not be subject to any more stringent permitting requirements, registration requirements, or other regulation by any local government.32 Local governments may require either permitting or one-time registration of floating vessel platforms .33 Effect of the Bill The bill allows a municipality or county to adopt an ordinance that establishes a slow speed, minimum wake boating-restricted area if the area is within 500 feet of a sewage pumpout station at any public or private nonresidential marina if the sewage pumpout station is within 100 feet of the marked channel of the Intracoastal Waterway. The bill revises the ERP permitting exemption for floating vessel platforms and floating boat lifts to specify local governments may only require a one-time registration for a floating vessel platform where the owner of such platform self-certifies compliance with the ERP exemption criteria to ensure compliance with ordinances, codes, state-delegated or state-mandated plans or programs, which may not be applied more stringently than, or inconsistent with, the ERP exemption criteria for certain floating vessel platforms. 30 Id. 31 S. 403.813(1)(s), F.S.; Rule 62-330.428, F.A.C. 32 Id. 33 S. 403.813(1)(s), F.S. Page 181 STORAGE NAME: h0847z1.DOCX PAGE: 6 DATE: 5/30/2023 II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT A. FISCAL IMPACT ON STATE GOVERNMENT: 1. Revenues: None. 2. Expenditures: None. B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 1. Revenues: None. 2. Expenditures: None. C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: None. D. FISCAL COMMENTS: None. Page 182 ENROLLED CS/CS/HB 847 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0847-03-er Page 1 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 1 An act relating to vessel regulations ; amending s. 2 327.46, F.S.; authorizing counties and municipalities 3 to establish boating -restricted areas for certain 4 sewage pumpout stations within a specified distance of 5 the marked channel of the Florida Intracoastal 6 Waterway; amending s. 403.813, F.S.; removing a 7 provision authorizing local governments to require 8 permitting for certain floating vessel platforms; 9 revising conditions under which local governments may 10 require one-time registrations of floating vessel 11 platforms; making technical changes ; reenacting s. 12 327.41(2), F.S., relating to uniform waterway 13 regulatory markers, to incorporate the amendment made 14 to s. 327.46, F.S., in a reference thereto; providing 15 an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Paragraph (b) of subsection (1) of section 20 327.46, Florida Statutes, is amended to read: 21 327.46 Boating -rest ricted areas.— 22 (1) Boating -restricted areas, including, but not limited 23 to, restrictions of vessel speeds and vessel traffic, may be 24 established on the waters of this state for any purpose 25 Page 183 ENROLLED CS/CS/HB 847 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0847-03-er Page 2 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S necessary to protect the safety of the public if such 26 restrictions are necessary based on boating accidents, 27 visibility, hazardous currents or water levels, vessel traffic 28 congestion, or other navigational hazards or to protect 29 seagrasses on privately owned submerged lands. 30 (b) Municipalities and counties may establis h the 31 following boating -restricted areas by ordinance, including, 32 notwithstanding the prohibition in s. 327.60(2)(c), within the 33 portion of the Florida Intracoastal Waterway within their 34 jurisdiction: 35 1. An ordinance establishing an idle speed, no wake 36 boating -restricted area, if the area is: 37 a. Within 500 feet of any boat ramp, hoist, marine 38 railway, or other launching or landing facility available for 39 use by the general boating public on waterways more than 300 40 feet in width or within 300 feet of any boat ramp, hoist, marine 41 railway, or other launching or landing facility available for 42 use by the general boating public on waterways not exceeding 300 43 feet in width. 44 b. Within 500 feet of fuel pumps or dispensers at any 45 marine fueling facility that sell s motor fuel to the general 46 boating public on waterways more than 300 feet in width or 47 within 300 feet of the fuel pumps or dispensers at any licensed 48 terminal facility that sells motor fuel to the general boating 49 public on waterways not exceeding 300 feet in width. 50 Page 184 ENROLLED CS/CS/HB 847 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0847-03-er Page 3 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S c. Inside or within 300 feet of any lock structure. 51 2. An ordinance establishing a slow speed, minimum wake 52 boating -restricted area if the area is: 53 a. Within 300 feet of any bridge fender system. 54 b. Within 300 feet of any bridge span pre senting a 55 vertical clearance of less than 25 feet or a horizontal 56 clearance of less than 100 feet. 57 c. On a creek, stream, canal, or similar linear waterway 58 if the waterway is less than 75 feet in width from shoreline to 59 shoreline. 60 d. On a lake or pond of less than 10 acres in total 61 surface area. 62 e. Within the boundaries of a permitted public mooring 63 field and a buffer around the mooring field of up to 100 feet. 64 f. Within 500 feet of a sewage pumpout station at any 65 public or private nonresidential marina if the sewage pumpout 66 station is within 100 feet of the marked channel of the Florida 67 Intracoastal Waterway. 68 3. An ordinance establishing a vessel -exclusion zone if 69 the area is: 70 a. Designated as a public bathing beach or swim area, 71 except that such areas may not be created on waters that include 72 any portion of the Florida Intracoastal Waterway or that are 73 within 100 feet of the marked channel of the Florida 74 Intracoastal Waterway. 75 Page 185 ENROLLED CS/CS/HB 847 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0847-03-er Page 4 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S b. Within 300 feet of a dam, spi llway, or flood control 76 structure. 77 78 Vessel exclusion zones created pursuant to this subparagraph 79 must be marked with uniform waterway markers permitted by the 80 commission in accordance with this chapter. Such zones may not 81 be marked by ropes. 82 Section 2. Paragraph (s) of subsection (1) of section 83 403.813, Florida Statutes, is amended to read: 84 403.813 Permits issued at district centers; exceptions.— 85 (1) A permit is not required under this chapter, chapter 86 373, chapter 61 -691, Laws of Florida, or chapte r 25214 or 87 chapter 25270, 1949, Laws of Florida, and a local government may 88 not require a person claiming this exception to provide further 89 department verification, for activities associated with the 90 following types of projects; however, except as otherwis e 91 provided in this subsection, this subsection does not relieve an 92 applicant from any requirement to obtain permission to use or 93 occupy lands owned by the Board of Trustees of the Internal 94 Improvement Trust Fund or a water management district in its 95 governmental or proprietary capacity or from complying with 96 applicable local pollution control programs authorized under 97 this chapter or other requirements of county and municipal 98 governments: 99 (s) The construction, installation, operation, or 100 Page 186 ENROLLED CS/CS/HB 847 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0847-03-er Page 5 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S maintenance of fl oating vessel platforms or floating boat 101 lifts., provided that such structures: 102 1. To qualify for an exemption under this paragraph, the 103 structure must: 104 a. Float at all times in the water for the sole purpose of 105 supporting a vessel so that the vessel i s out of the water when 106 not in use; 107 b.2. Be Are wholly contained within a boat slip previously 108 permitted under ss. 403.91-403.929, 1984 Supplement to the 109 Florida Statutes 1983, as amended, or part IV of chapter 373, or 110 do not exceed a combined total of 5 00 square feet, or 200 square 111 feet in an Outstanding Florida Water, when associated with a 112 dock that is exempt under this subsection or associated with a 113 permitted dock with no defined boat slip or attached to a 114 bulkhead on a parcel of land where there is no other docking 115 structure; 116 c.3. Not be Are not used for any commercial purpose or for 117 mooring vessels that remain in the water when not in use, and do 118 not substantially impede the flow of water, create a 119 navigational hazard, or unreasonably infringe upo n the riparian 120 rights of adjacent property owners, as defined in s. 253.141; 121 d.4. Be Are constructed and used so as to minimize adverse 122 impacts to submerged lands, wetlands, shellfish areas, aquatic 123 plant and animal species, and other biological communit ies, 124 including locating such structures in areas where seagrasses are 125 Page 187 ENROLLED CS/CS/HB 847 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0847-03-er Page 6 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S least dense adjacent to the dock or bulkhead; and 126 e.5. Are Not be constructed in areas specifically 127 prohibited for boat mooring under conditions of a permit issued 128 in accordance with s s. 403.91-403.929, 1984 Supplement to the 129 Florida Statutes 1983, as amended, or part IV of chapter 373, or 130 other form of authorization issued by a local government. 131 2. The owner of a structure Structures that qualifies 132 qualify for an this exemption under this paragraph is not 133 required are relieved from any requirement to obtain permission 134 to use or occupy lands owned by the Board of Trustees of the 135 Internal Improvement Trust Fund, and, with the exception of 136 those structures attached to a bulkhead on a parcel of land 137 where there is no docking structure, the structure may not be 138 subject to any more stringent permitting requirements, 139 registration requirements, or other regulation by any local 140 government. For a floating vessel platform to be attached to a 141 bulkhead on a parcel of land where there is no docking 142 structure, a local government governments may require the 143 platform owner to obtain a permit either permitting or one -time 144 registration of the floating vessel platform platforms to be 145 attached to a bul khead on a parcel of land where there is no 146 other docking structure as necessary to ensure compliance with 147 local ordinances, codes, or regulations. A local government 148 governments may require only a either permitting or one-time 149 registration of all other fl oating vessel platforms where the 150 Page 188 ENROLLED CS/CS/HB 847 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0847-03-er Page 7 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S platform owner self-certifies as necessary to ensure compliance 151 with the exemption criteria in this section ; to ensure 152 compliance with local ordinances, codes, state-delegated or 153 state-mandated plans or programs, or regula tions relating to 154 building or zoning, which may not be applied more stringently 155 are no more stringent than, or inconsistent with, the exemption 156 criteria in this section and or address subjects other than 157 subjects addressed by the exemption criteria in this section; 158 and to ensure proper installation, maintenance, and 159 precautionary or evacuation action following a tropical storm or 160 hurricane watch of a floating vessel platform or floating boat 161 lift that is proposed to be attached to a bulkhead or parcel of 162 land where there is no other docking structure. 163 3. The exemption provided in this paragraph is shall be in 164 addition to the exemption provided in paragraph (b). The 165 department shall adopt a general permit by rule for the 166 construction, installation, operation, or maintenance of those 167 floating vessel platforms or floating boat lifts that do not 168 qualify for the exemption provided in this paragraph but do not 169 cause significant adverse impacts to occur individually or 170 cumulatively. The issuance of such general pe rmit constitutes 171 shall also constitute permission to use or occupy lands owned by 172 the Board of Trustees of the Internal Improvement Trust Fund. A 173 local government governments may not impose a more stringent 174 regulation, permitting requirement, registration requirement, or 175 Page 189 ENROLLED CS/CS/HB 847 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0847-03-er Page 8 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S other regulation covered by such general permit. A local 176 government governments may require a structure owner to obtain 177 either a permit permitting or one -time registration of floating 178 vessel platforms as necessary to ensure compliance with the 179 general permit in this section; to ensure compliance with local 180 ordinances, codes, or regulations relating to building or zoning 181 that are no more stringent than the general permit in this 182 section; and to ensure proper installation and maintenance of a 183 floating vessel platform or floating boat lift that is proposed 184 to be attached to a bulkhead or parcel of land where there is no 185 other docking structure. 186 Section 3. For the purpose of incorporatin g the amendment 187 made by this act to section 327.46, Florida Statutes, in a 188 reference thereto, subsection (2) of section 327.41, Florida 189 Statutes, is reenacted to read: 190 327.41 Uniform waterway regulatory markers.— 191 (2) Any county or municipality which ha s been granted a 192 boating -restricted area designation, by rule of the commission 193 pursuant to s. 327.46(1)(a), for a portion of the Florida 194 Intracoastal Waterway within its jurisdiction or which has 195 adopted a boating -restricted area by ordinance pursuant to s. 196 327.46(1)(b) or (c) or s. 379.2431(2)(p), or any other 197 governmental entity which has legally established a boating -198 restricted area, may apply to the commission for permission to 199 place regulatory markers within the boating -restricted area. 200 Page 190 ENROLLED CS/CS/HB 847 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0847-03-er Page 9 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Section 4. This act shall take effect July 1, 2023 . 201 Page 191 Municipal regulation of docking facilities Number:AGO 2005-16 Date:March 21, 2005 Subject: Municipal regulation of docking facilities Ms. Patricia Saint Vil-Joseph Interim North Miami City Attorney 776 Northeast 125th Street Post Office Box 610850 North Miami, Florida 33261-0850 RE: MUNICIPALITIES – DEPARTMENT OF ENVIRONMENTAL PROTECTION – DOCKS – VESSELS – BOATS – PERMITS – authority of municipality to regulate docking facilities. s. 403.813, Fla. Stat. Dear Ms. Saint Vil-Joseph: As City Attorney for the City of North Miami, you have asked substantially the following question: Does section 403.813(2)(s), Florida Statutes, preempt the authority of the City of North Miami to adopt and enforce land use and other related regulations concerning floating vessel platforms and floating boat lifts that are not themselves permitting requirements or conditions for exclusion from state or other permitting requirements? The city asks whether it is precluded by the provisions of the statute from adopting and enforcing land use and other regulations addressing the appropriate zoning for a particular site or other circumstances relating to floating vessel platforms and floating boat lifts located within the jurisdiction of the municipality. This office has contacted the Department of Environmental Protection and the department has joined in the request for an opinion on this question. Part V, Chapter 403, Florida Statutes, is the "Florida Environmental Reorganization Act of 1975."[1] In adopting these provisions, the Legislature recognized that structural reorganization is a continuing process and expressed its intent to "promote more efficient, effective, and economical operation of certain environmental agencies by transferring decisionmaking authority to environmental district centers[.]"[2] Section 403.813, Florida Statutes, requires the Secretary of the Department of Environmental Protection to adopt procedural rules for a short-form application for and issuance at the district centers of permits for certain projects. Subsection (2) of the statute provides: "A permit is not required under this chapter, chapter 373, chapter 61-691, Laws of Florida, or chapter 25214 or chapter 25270, 1949, Laws of Florida, for activities associated with the following types of projects; however, except as otherwise provided in this subsection, nothing in Page 192 this subsection relieves an applicant . . . from complying with applicable local pollution control programs authorized under this chapter or other requirements of county and municipal governments[.]" Subsection 2(s), with which your request deals, provides that a permit is not required for "[t]he construction, installation, operation, or maintenance of floating vessel platforms or floating boat lifts, provided that such structures: 1. Float at all times in the water for the sole purpose of supporting a vessel so that the vessel is out of the water when not in use; 2. Are wholly contained within a boat slip previously permitted under ss. 403.91-403.929, 1984 Supplement to the Florida Statutes 1983, as amended, or part IV of chapter 373, or, when associated with a dock that is exempt under this subsection or a permitted dock with no defined boat slip, do not exceed a combined total of 500 square feet, or 200 square feet in an Outstanding Florida Water; 3. Are not used for any commercial purpose or for mooring vessels that remain in the water when not in use, and do not substantially impede the flow of water, create a navigational hazard, or unreasonably infringe upon the riparian rights of adjacent property owners, as defined in s. 253.141; 4. Are constructed and used so as to minimize adverse impacts to submerged lands, wetlands, shellfish areas, aquatic plant and animal species, and other biological communities, including locating such structures in areas where no seagrasses exist if such areas are present adjacent to the dock; and 5. Are not constructed in areas specifically prohibited for boat mooring under conditions of a permit issued in accordance with ss. 403.91-403.929, 1984 Supplement to the Florida Statutes 1983, as amended, or part IV of chapter 373, or other form of authorization issued by a local government. Structures that qualify for this exemption are relieved from any requirement to obtain permission to use or occupy lands owned by the Board of Trustees of the Internal Improvement Trust Fund and shall not be subject to any more stringent regulation by any local government. The exemption provided in this paragraph shall be in addition to the exemption provided in paragraph (b). . . ." You have specifically asked whether the language in subsection 2(s), providing that structures qualifying for the exemption are not subject to any more stringent regulation by a local government, precludes the City of North Miami from regulating such structures. Section 2(b), Article VIII, State Constitution, provides that: "Municipalities shall have governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law." The Supreme Court of Florida has stated that this constitutional provision "expressly grants to every municipality in this state authority to conduct municipal government, perform municipal functions, and render municipal services."[3] The only limitation on the power of municipalities Page 193 under this constitutional section is that such power must be exercised for a valid municipal purpose.[4] Thus, the Court has determined that statutes are only relevant to determine the limitations on municipal authority and cities need no further authorization from the Legislature to conduct municipal government.[5] Pursuant to section 166.021(1), Florida Statutes, municipalities are granted "the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law." The term "express" as it is used in section 166.021, Florida Statutes, has been construed to mean a reference that is distinctly stated and not left to inference.[6] Generally, a municipality has civil and criminal jurisdiction over property within its corporate boundaries and may regulate and restrict certain activities reasonably calculated to protect the public health, safety, and welfare.[7] The power of municipalities to regulate in this area is, however, subject to the state's paramount power to regulate and control the use of its sovereign lands. To the extent that any such regulation is preempted by the state or is inconsistent with general law or with regulations adopted by the state, any municipal regulation would be invalid.[8] Thus, the specific language of section 403.813(2)(s), Florida Statutes, that "structures that qualify for this exemption . . . shall not be subject to any more stringent regulation by any local government" would control. Part V, Chapter 403, Florida Statutes, the "Florida Environmental Reorganization Act of 1975," deals primarily with reorganizing the governmental structure involved in environmental permitting, setting standards for permitting and permitting requirements.[9] The declaration of policy expressed by the Legislature in adopting this statutory part provides that "it is the intent of the Legislature to promote more efficient, effective, and economical operation of certain environmental agencies by . . . delegating . . . permitting functions related to water quality."[10] Section 403.813, Florida Statutes, regulates permits. The title of the statute is "[p]ermits issued at district centers; exceptions." Legislative history relating to the enactment of subsection (2) of the statute reflects the direction of the amendment: "providing an exemption from permitting requirements for specified types of floating vessel platforms or floating boat lifts[;]" but, more broadly, that the legislation "[limit] local government regulation of floating vessel platforms and floating boat lifts[.]"[11] The statutory language and the legislative history for section 403.813, Florida Statutes, do not speak clearly to the type of regulation contemplated by the exception for floating structures. Section 403.813(2)(s), Florida Statutes, provides that these structures "shall not be subject to any more stringent regulation by any local government" and legislative history reflects the legislative intent to limit local governmental regulation of floating vessel platforms and floating boat lifts. It is simply not clear whether the Legislature intended to limit all local regulation of these structures or merely intended to limit local permitting authority and, in the absence of any evidence suggesting a particular result, this office is without authority to qualify or read into this statute an interpretation which would result in a construction that seems more equitable under circumstances presented by a particular factual situation. Such a construction is exclusively the prerogative of the Legislature.[12] You may wish to seek a definitive answer to this question from a court or to contact your local Page 194 legislative delegation to request amendatory legislation clarifying this matter. Sincerely, Charlie Crist Attorney General CC/tgh -------------------------------------------------- [1] See s. 403.801, Fla. Stat., providing the short title for the act. [2] Section 403.802, Fla. Stat. [3] State v. City of Sunrise, 354 So. 2d 1206, 1209 (Fla. 1978). [4] Id. [5] Supra n. 3 at 1209. [6] See Edwards v. State, 422 So. 2d 84, 85 (Fla. 2nd DCA 1982); Op. Att'y Gen. Fla. 84-83 (1984). Cf. Pierce v. Division of Retirement, 410 So. 2d 669, 672 (Fla. 2nd DCA 1982). [7] See 64 C.J.S. Municipal Corporations s. 1816; Carter v. Town of Palm Beach, 237 So. 2d 130 (Fla. 1970); Ops. Att'y Gen. Fla. 90-37 (1990), 85-47 (1985), 79-71 (1979), 77-139 (1977) and 60-139 (1960). [8] See s. 166.021, Fla. Stat.; City of Miami Beach v. Forte Towers, Inc., 305 So. 2d 764 (Fla. 1974); Ops. Att'y Gen. Fla. 78-141 (1978), 75-167 (1975), and 73-463 (1973). [9] See s. 403.801, Fla. Stat., providing the short title for the act. And see s. 403.811, Fla. Stat., relating to dredge and fill permits; s. 403.812, Fla. Stat., providing for dredge and fill permits in storm water management systems; s. 403.813, Fla. Stat., providing for permits issued at district centers; s. 403.814, Fla. Stat., providing for general permits; and s. 403.816, Fla. Stat., relating to permits for maintenance dredging of deepwater ports and beach restoration projects. [10] Section 403.802, Fla. Stat. [11] See title, Chap. 2002-164, Laws of Florida, codifying CS/SB 508. And see title, SB 508: Relating to Environment/Detrital Material, which provides that the bill "provides exemption from permitting requirements for specified types of floating vessel platforms or floating boat lifts; limits local government regulation of floating vessel platforms & floating boat lifts[.]" [12] See Ops. Att'y Gen. Fla. 97-79 (1997), 93-24 (1924) and 81-10 (1981). Cf. Chaffee v. Miami Transfer Company, Inc., 288 So. 2d 209 (Fla. 1974). Page 195 From:Marshall Labadie To:Commission Cc:Jeff Remas; Ingrid Allen; Madison Noonan; Skender Coma; Lanelda Gaskins Subject:FW: FVPs additional info Date:Friday, January 17, 2025 12:06:19 PM Attachments:Letter to City of Highlands Beach regarding FVP.pdf Floating Vessel Platform Plan submitted.pdf image001.png Please see additional information related to Floating Vessel Platforms from Mr. De Beer. From: Marthin De Beer <mdebeer@brightplan.com> Sent: Friday, January 17, 2025 11:59 AM To: Marshall Labadie <mlabadie@highlandbeach.us> Subject: FVPs additional info Marshall, I appreciate your time today. Please find attached the documents I had in the meeting, so you have it in digital form. In addition to the letter to the town, you will find the answer I received from my attorney when I asked about the platforms: In short – yes. Exempt FVPs and those with general permits are preempted from complying with local government setbacks. More detailed answer below as I suspect the additional details may become helpful for your discussions. The statutory language in 403.813(1)(s), Florida Statutes reads as follows: - For FVPs that are exempt (under 500 square feet and meet the other criteria) – “the structure may not be subject to any more stringent permitting requirements, registration requirements, or other regulation by any local government” and “A local government may require only a one-time registration of all other floating vessel platforms where the platform owner self-certifies compliance with the exemption criteria in this section to ensure compliance with ordinances, codes, state-delegated or state-mandated plans or programs, or regulations relating to building or zoning, which may not be applied more stringently than, or inconsistent with, the exemption criteria in this section and address subjects other than subjects addressed by the exemption criteria in this section; and to ensure proper installation, maintenance, and precautionary or evacuation action following a tropical storm or hurricane watch of a floating vessel platform or Page 196 floating boat lift that is proposed to be attached to a bulkhead or parcel of land where there is no other docking structure.” - For FVPs that have a general permit such as yours there is similar statutory language – “A local government may not impose a more stringent regulation, permitting requirement, registration requirement, or other regulation covered by such general permit. A local government may require a structure owner to obtain either a permit or one-time registration of floating vessel platforms as necessary to ensure compliance with the general permit in this section; to ensure compliance with local ordinances, codes, or regulations relating to building or zoning that are no more stringent than the general permit in this section; and to ensure proper installation and maintenance of a floating vessel platform or floating boat lift that is proposed to be attached to a bulkhead or parcel of land where there is no other docking structure.” Kind regards, Marthin Page 197 BrightPlan Marthin De Beer Founder & CEO 408-656-5171 mdebeer@brightplan.com www.brightplan.com Page 198 Amelia Savage 106 East College Avenue, Suite 700 Tallahassee, FL 32301 Direct: (850) 354-7606 Email: asavage@stearnsweaver.com October 11, 2024 Sent Via Electronic Mail Town of Highland Beach c/o Len Rubin Len@TorciviaLaw.com RE: Marthin De Beer – Floating Vessel Platform at 4307 Intracoastal Drive Mr. Rubin, My firm, Stearns Weaver Miller, represents Mr. and Mrs. De Beer regarding the floating vessel platform (FVP) at their residence, located at 4307 Intracoastal Drive. A residence has existed at this location since before 2000 according to publicly available aerials. Around 2007, construction of the existing house was undertaken and a dock was built along the seawall, in accordance with all applicable permits at the time. The De Beers purchased the residence in 2019 and have worked with Highland Beach and their neighbors regarding allowable docking for their vessel, adjusting as verbal permission that allowed their vessel to overhang the lot line was later revoked by the neighbors. The De Beers recently added the FVP next to their existing dock, as discussed in more detail below. General Permit for FVPs FVPs are environmentally beneficial as they secure vessels out of the water when tied to a dock. They keep bottom paints out of Florida’s waters and reduce the possibility of pollution incidents. Floating vessel platforms are located where a boat would otherwise be authorized to dock and Florida law has recognized both a statutory permitting exemption and a general permitting process for these products for more than 20 years in subsection 403.813(1)(s), Florida Statutes (Fla. Stat.). Subsection 403.813(1)(s), Fla. Stat., provides a statutory exemption for certain FVPs under 500 square feet, and also provides a general permit for FVPs which are larger than the statutory exemption, but which “do not cause significant adverse impacts to occur individually or cumulatively.” s. 403.813(1)(s)3., Fla. Stat. For FVPs that qualify for the general permit, “[a] local government may not impose a more stringent regulation, permitting requirement, registration requirement, or other regulation covered by such general permit.” Id. As the De Beers’ FVP is larger than 500 square feet, it does not qualify for the statutory exemption. Thus, the De Beers applied to the Florida Department of Environmental Protection (FDEP) seeking confirmation that their FVP qualifies for the general permit, addressed in more Page 199 October 11, 2024 Page 2 detail in Rule 62-330.428, Florida Administrative Code. FDEP processed the application, agreed that the De Beer FVP qualifies for the general permit, and issued a General Permit File No. 50- 452830-001-EG on October 11, 2024. With confirmation that De Beer FVP qualifies for the general permit, the following language from subsection 403.813(1)(s)3., Florida Statutes, is applicable: A local government may not impose a more stringent regulation, permitting requirement, registration requirement, or other regulation covered by such general permit. A local government may require a structure owner to obtain either a permit or one-time registration of floating vessel platforms as necessary to ensure compliance with the general permit in this section; to ensure compliance with local ordinances, codes, or regulations relating to building or zoning that are no more stringent than the general permit in this section; and to ensure proper installation and maintenance of a floating vessel platform or floating boat lift that is proposed to be attached to a bulkhead or parcel of land where there is no other docking structure. Under the statutory language above, Highland Beach has the authority to require permitting or one-time registration of floating vessel platforms, but only as necessary to ensure the compliance with the general permit, to ensure compliance with local codes relating to building or zoning (which are no more stringent than the exemption criteria), or to ensure proper installation and maintenance where a FVP is proposed to be attached to a parcel where this is no other docking structure. I am unaware of a Town permit application or registration form for a FVP that qualifies for the general permit, so in the spirit of cooperation, my client has completed the Town of Highland Beach Residential Floating Vessel Platform/Floating Boat Lift Exemption Certification Application as the closest applicable document. Note that I edited the certification to instead reference the general permit instead of the exemption. Supporting information that was also provided to the FDEP is enclosed herewith, specifically a submerged aquatic vegetation survey. Also, a sketch showing the existing seawall, dock, and FVP is attached as the final page of the FDEP General Permit issued to the De Beers. I trust because this information was sufficient for FDEP, it will also be sufficient for Highland Beach. As the De Beers’ property has an existing dock, the final clause cited above is inapplicable to this situation. Thus, the only statutory provision remaining is Highland Beach’s authority to ensure compliance with local codes related to building or zoning which are no more stringent than the general permit criteria. Stated another way, Highland Beach is allowed to apply its zoning and building regulations on subject matters not covered by the statutory criteria of location, size, environmental impact. Highland Beach is able to enforce its code requirements related to electricity, plumbing, and other topics not addressed by the FVP statute. For example, if the De Beers desire lights on the FVP, the local code regarding electricity would apply. However, there are no electrical, plumbing, etc. concerns for the FVP. Record Clarification Page 200 October 11, 2024 Page 3 #13107163 v2 I have received a letter dated July 15, 2024, from a neighboring property owner to the Town of Highland Beach and take this opportunity to respond to allegations therein. The July letter has no merit, and while a point-by-point discussion is unnecessary, my client would like to correct the record as to a number of points. The July letter asserts that only one dock is allowed on the property and alleges De Beer is seeking an additional dock. A FVP is not a dock. This distinction can be seen by separate statutory exemptions for floating docks that are different than the statutory provisions regarding FVPs. Additionally, FDEP has a general permit for floating docks (cited by the July letter) that is different than the general permit for FVPs cited in this letter above. In fact, as discussed above, FVPs are intended to be used where a boat otherwise can be moored and are often used within boat slips. Thus, a FVP is not a dock and these allegations have no merit. The July letter also asserts that the FVP violates setback lines. FDEP’s general permit criteria addresses where a FVP can be placed and limits the size. As the location and size of an FVP are addressed in the statute and general permit criteria, a local government can be no more stringent in its regulations. Therefore, setback lines are inapplicable to a FVP that is statutorily exempt or meets the general permit criteria. Conclusion The Florida Department of Environmental Protection has issued a General Permit to Mr. De Beer authorizing his floating vessel platform. Therefore, subsection 403.813(1)(s), Florida Statutes, limits a local government’s regulatory authority. Enclosed is the FDEP permit and documents submitted to the state agency to assist in its review. As you will see, the De Beer FVP meets the general permit and statutory criteria and therefore meets the local government requirements. Thank you for your consideration on this matter and please let me know if you have any questions. Sincerely, Amelia Savage cc: Jeff Remas, Building Official - bco@highlandbeach.us Ingrid Allen, Town Planner - iallen@highlandbeach.us Adam Osowsky, Code Compliance Officer – aosowsky@highlandbeach.us Marthin De Beer – mfdebeer@mac.com Page 201 CONCRETE DOCK (39.93' x 2.77') SEAWALL FLO A T I N G VES S E L PLA T F O R M 15' 15' 18.02' 45. 8 7 ' 69. 9 3 ' Palm Beach CountyFloating VesselPlatform Plan TITLE:PROJECT:PROJECT: Highlands Beach, Florida 4307 Intracoastal Drive MIAMI | FORT LAUDERDALE | TAMPA | TALLAHASSEE | CORAL GABLES o05 102.5 Feet 1:200 Map Date: Sep-25-2024 By: CP Smith 1 inch = 17 feet This map is a general depiction of boundaries obtained from public records and is not a legal description or survey. Page 202