AN ORDINANCE AMENDING THE PASCO COUNTY CODE SECTIONS 114-39 AND 114-40; AMENDING THE DEFINITION OF DERELICT PROPERTY; PROVIDING FOR THE LAWFUL PLACEMENT OF RIP-RAP; PROVIDING STANDARDS FOR PLACEMENT OF RIP-RAP IN WATERS OF THE COUNTY; PROVIDING STANDARDS FOR THE CONSTRUCTION OF DOCKS; PROVIDING A DEFINITION OF DOCKS; PROHIBITING THE USE OF UN-ENCAPSULATED FLOTATION MATERIAL; PROVIDING FOR MODIFICATION THAT MAY ARISE FROM CONSIDERATION AT PUBLIC HEARING; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, Pasco County is responsible to protect the safety and general welfare of the citizens of Pasco County, Florida; and
WHEREAS, the prevention of the improper disposal of derelict property, construction debris, solid waste, and other materials into waters of the county is necessary to protect public health and safety and the environment of Pasco County,
WHEREAS, regulations regarding the construction of docks is necessary to ensure the navigability of county waterways; and
WHEREAS, the Board of County Commissioners finds that the dumping of construction debris and other solid waste in county waterways and the use of un-encapsulated flotation materials in dock construction is harmful to the public health and the environment; and
WHEREAS, the Board of County Commissioners finds that regulations regarding the size and extent of docks over waterways is necessary to ensure the navigability of county waterways; and
WHEREAS, Chapter 125, Florida Statutes, gives county commissions the power and authority to regulate disposal of waste and the construction of docks within the county and the authority to adopt these measures.
NOW THEREFORE, Be it Ordained by the Board of County Commissioners of Pasco County, Florida, as follows:
SECTION 1.A. RECITAL
The recital clauses set forth above are hereby adopted and incorporated herein by reference.
SECTION B. AMENDMENT OF PASCO COUNTY CODE SECTIONS 114-39
AND 114-40
Pasco County’s Code Sections 114-39 and 114-40 are hereby amended as follows:
Sec. 114-39. Junked, wrecked, abandoned or derelict property
(a) No person shall abandon or dump any article of wrecked or derelict property on or in any water of the county or at any port within the county. This includes but is not limited to wrecked, inoperative or partially dismantled vessels, trailers, boats, machinery, construction debris, garbage, solid waste or other material. Notwithstanding this prohibition, it shall be lawful to place rip - rap at the toe of a vertical seawall provided
(1) the rip-rap consists only of natural boulders or clean concrete rubble one to three feet in diameter in average dimensions;
(2) the slope of the
riprap is no steeper than two horizontal to one vertical and the horizontal
distance from the toe of the seawall is no more than eight feet;, or one-third
of the total width of waterway, whichever is more restrictive (the width of the waterway
shall be calculated at low tide);
(3) there are no reinforcing rods or
other similar protrusions in concrete rubble and all rubble or boulders are
free of attached sediments;, paint, stain or other such coatings and free of saturation by any petroleum
based product.
(4) Neither the distance nor the use of the riprap shall interfere with navigation;
(5) there is no filling or dredging associated with the placement of riprap other than the riprap material itself;
(6) there shall be no filling of submerged grassbeds;
(7) the amount of wetland area filled shall not exceed 100
square feet; and
(8) there shall be no filling of coral communities.
(9) This exemption allowing rip-rap is also subject to the
specific conditions as follows:
(i) installation of the rip-rap shall not result in requiring any subsequent request to dredge for navigational access;
(ii) there shall be no backfilling to obtain useable upland or to straighten an otherwise sinuous shoreline; and
(iii) there shall be no filling or backfilling to reclaim land lost
by avulsion or erosion.
(10) “Rip-rap” is a sloping retaining or stabilizing structure made to reduce the force of waves and to protect the shore from erosion, and consists of unconsolidated boulders, rock, or clean concrete rubble with no exposed
reinforcing rods or similar protrusions.
(b) If a vessel or other article of derelict property is located
on or in the waters of the county or at any port in the county in violation of subsection (a) of this section, the county may remove and dispose of the property in accordance with F.S. ch. 705 or may require the owner of the property to remove the property.
(c) It shall be unlawful for any person to oppose, obstruct or resist any
designated agent of the county in his discharge of duties or to fail or neglect or refuse to remove the abandoned, wrecked, junked or partially dismantled, inoperative or derelict property in accordance with the notice given pursuant to subsection (b) of this section.
Sec. 114-40. Obstruction of watercourse; dock construction.
(a.) It shall be unlawful for any person to erect or establish on any water of the county any obstruction, whereby the normal navigation of boats may be obstructed. Additionally regarding the construction or substantial improvement of any dock or similar structure on rivers and manmade waterways or canals:
1.(1.) No dock
or similar structure or any boat or water vehicle moored thereto shall project
from the seawall into the waterway a distance equivalent to the lesser of:
(A) twenty-five (25) feet or
(B) one third (1/3) of the total width of the waterway.
(2.) any flotation material used in floating docks shall be fully encapsulated;suitable for marine use; resistant to puncture, fire,
cracking, peeling, or loss of pellets and generally impervious to water
or fuel damage..
2.(3.) Docks
which are constructed directly across from each other shall have a minimum
clearance from each other that equals one-third (1/3) of the total width
of the waterway.
For purposes of this paragraph (a), the width of the waterway shall be calculated between opposing seawalls or, if seawalls are not present, between opposing ordinary low water lines.
3. (b.) “Dock”
is defined as a fixed or floating structure, including but not limited to
moorings, piers and wharves, over or alongside water, which may be used for,
but not limited to, the purpose of berthing buoyant vessels, fishing, or
swimming.
5.(c.) Compliance with this section
shall not be considered authorization to construct or improve a dock and all
authorizations required by state, federal, or local governments or agencies
shall be obtained prior to construction.
SECTION C. SEVERABILITY
It is declared to be the intent of the Board of County Commissioners of Pasco County, Florida, that if any section, subsection, sentence, clause, or provision, of this ordinance shall be declared invalid, the remainder of this ordinance shall be construed as not having contained said section, subsection, sentence, clause, or provision, and shall not be effected by such holding.
SECTION D. MODIFICATION
It is the intent of the Board of County Commissioners that the provisions of this ordinance may be modified as a result of considerations that may arise during public hearings. Such modifications shall be incorporated into the final version of the ordinance adopted by the Board and filed by the Clerk of the Board pursuant to Section E.
SECTION E. EFFECTIVE DATE
A certified copy of this ordinance shall be filed with the Department of State by the Clerk to the Board within ten (10) days of adoption. This ordinance shall become effective upon filing with the Department of State.
PASSED AND ORDAINED AS AN ORDINANCE this _____ day of ___________________, 2002.
(S E A L)
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PASCO COUNTY, FLORIDA
BY:__________________________________ BY:_______________________________________
JED PITTMAN, CLERK ANN HILDEBRAND, CHAIRMAN
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
OFFICE OF THE COUNTY ATTORNEY
BY:________________________________________________
ATTORNEY