§ 30-1545. Bulkheads, seawalls or riprap.

(a)

New vertical seawall or bulkhead structures shall not be permitted on open water except pursuant to specific criteria established in F.S. § 373.414(5), as may be amended.

(b)

New hardening of the shoreline on open water shall only be considered when extreme erosion is evident as provided in subsection (d) of this section, and it can be affirmatively demonstrated that the use of vegetation, including existing undisturbed vegetation on site, will not prevent further erosion. The design of the permitted riprap, bulkhead or seawall system shall include a minimum six-inch retention swale, berm or curb directly landward of the proposed system. Shoreline stabilization shall be reviewed and evaluated based upon criteria established in Administrative Rule 62-312.440 of the Florida Administrative Code ("F.A.C."), except as provided in F.S. §§ 403.813(1) and 373.414(5), and Administrative Rule 62-330, of the F.A.C. as may be amended. Vertical seawalls as defined pursuant to Administrative Rule 62-330, F.A.C., shall not be permitted.

(c)

Hardening of the shoreline on altered shorelines with bulkheads, seawalls and other vertical structures may be permitted only to stabilize severely eroding shorelines under the criteria set forth in Administrative Rule 62-330.0501 (12), F.A.C. and subsection (e) of this section. Stabilization will only be considered when extreme erosion is evident and it can be affirmatively demonstrated that the use of vegetation, including existing undisturbed vegetation on site, will not prevent further erosion.

(d)

The following minimum criteria shall be used by the director to assess each application for shoreline hardening on open water in the determination that extreme erosion is evident:

(1)

Increasing, destructive loss of native vegetation, which results in a documented accelerated shoreline loss greater than one foot per year, for a period of not less than ten consecutive years, due to wave, wake or stormwater activity (not related to rainwater runoff from the upland portion of the property) where the applicant has provided clear and convincing evidence that properly designed alternatives employing the establishment of native vegetation, gently sloping or tiered shoreline have failed to provide shoreline protection within the shoreline setback and that the erosion is not the result of unlawfully existing structures on adjacent or adjoining properties. Aerial photographs over the ten year period shall be supplied by the applicant, as may be available from the village. The burden of proof shall be the responsibility of the applicant; or

(2)

Lawfully existing, permanent structures on the subject property, including legally permitted bulkheads, seawalls and retaining walls, which are demonstrated to face imminent threat of destruction from continued shoreline loss.

(e)

Hardening may be considered as an allowable shoreline protection methodology on an altered shoreline under the following conditions:

(1)

The lot is immediately adjacent to and between existing riprap, bulkheaded or seawalled lots on either side of the subject property, or is located in a private residential canal exhibiting greater than 75 percent existing riprap, bulkheaded or seawalled lots and the lot is less than 150 feet from existing riprap, bulkheaded or seawalled lots on either side of the adjoining shoreline;

(2)

The establishment of the riprap, bulkhead or seawall shall not increase the waterward extension of the existing shoreline;

(3)

The design and installation of the permitted riprap, bulkheaded or seawalled system shall not cause the erosion of abutting properties to be accelerated by the establishment of the applicant's riprap, bulkhead or seawall. It shall be the responsibility of the property owner who has constructed the riprap, bulkhead or seawall to remediate such accelerated erosion activity on adjoining properties and the applicant shall be required to state such responsibility on the approved plans;

(4)

The design of the permitted riprap, bulkheaded or seawalled system shall include revegetation with native shoreline vegetation appropriate to tidal and upland sections of the shoreline as an integral part of the project on open water or natural waterways. The intent of this subsection is to avoid direct stormwater runoff to wetlands and waterways. Such vegetation shall be protected and maintained in accordance with a management plan approved by the director; and

(5)

The design of the permitted riprap, bulkheaded or seawalled system shall include a minimum six-inch retention berm or curb installed directly landward of the structure.

(f)

Riprap shall meet the following design criteria:

(1)

Constructed at slope no steeper than two (horizontal) to one (vertical) and the horizontal distance is no more than eight feet;

(2)

There are no reinforcing rods or other similar protrusions in concrete rubble; and

(3)

All rubble or boulders are free of attached sediments such as concrete, except as may be necessary at the points of contact to secure the boulders. Filling of gaps and crevices with concrete is not permitted.

(g)

Deteriorated lawfully existing seawalls, bulkheads or riprap on any shoreline may be repaired and/or replaced subject to criteria set forth in this section and chapter subject to the following conditions:

(1)

The structure is legally existing or permittable pursuant to this section;

(2)

Repairs and/or replacements must maintain the existing footprint to the maximum extent practicable;

(3)

Repairs and/or replacement are limited to the extent necessary to maintain the integrity of the upland;

(4)

Deteriorated or damaged seawalls and bulkheads shall be repaired using riprap in conjunction with native shoreline vegetation; and

(5)

Bulkheads shall be permitted only if riprap with filter cloth in conjunction with native vegetation is not a feasible alternative as determined by the director.

(h)

In all cases where shoreline hardening is allowed along an open water shoreline, revegetation with native shoreline vegetation appropriate to tidal and upland sections of the shoreline shall be required as an integral part of the development. The revegetation plan shall provide a minimum of 50 percent of the hardened shoreline to be planted with a Class B bufferyard along the length of the shoreline with appropriate salt tolerant vegetation as approved by the Village Biologist. Ground covers or vines may be substituted (up to 70 percent) but must be planted at double the requirement. This requirement is intended to provide scenic buffering along the waterway and to improve and/or maintain the biological functions of the shoreline, protection from storm surges and preservation of the upland transition zone.

(i)

Any attachments to seawalls or bulkheads, such as davits, cleats, platforms or any other elements that constitute docking facilities, shall not be allowed except as an accessory to a principal use. Seawalls may have a cap of up to two feet in width without being considered a dock.

(j)

Where feasible, riprap, bulkheads and seawalls should be placed landward of any existing mangroves. Native upland, wetland, and aquatic biotic communities shall be preserved to the maximum extent possible.

(k)

Where feasible, riprap shall be placed at the base and waterward of solid seawalls and bulkheads to dissipate wave energy and provide substrate for marine organisms.

(l)

Seawalls, bulkheads, riprap, boulders or other shoreline hardening structures shall not be permitted on or waterward of any portion of a shoreline which is a known or potential nesting area for marine turtles or other species listed as threatened or endangered and indicated on the habitat and protected animal species maps.

(m)

Within mapped nesting areas, the director may, in cooperation with the state department of environmental protection, determine that specific segments of shorelines have been lawfully altered, including natural erosion, to such a degree that suitable nesting habitat for marine turtles is no longer present. In such cases, the director may recommend reasonable measures to restore the nesting habitat, including but not limited to removal of structures, or allow hardening with riprap and native vegetation. If such measures are not feasible, the setback requirements for sea turtle nesting shall not apply. Restoration of suitable nesting habitat shall be required for unlawfully altered beaches.

(n)

Shoreline stabilization or beach renourishment projects on open water may be approved only upon a determination by the director that the project has a valid public purpose that furthers the goals, objectives and policies of the comprehensive plan.

(Ord. No. 02-21, § 2(7.1.5), 2-21-2002; Ord. No. 02-29, § 13, 11-21-2002; Ord. No. 14-08, § 2, 5-8-2014)