(a)

Fences, walls, poles or stakes east of the state coastal construction control line shall not be permitted, unless allowed by state law and approved by the Department of Environmental Protection. Notwithstanding the foregoing, no fences, walls, poles or stakes shall be permitted in any dune area or beach area that is comprised of sand. This section shall not prevent recreational amenities, such as volleyball nets or beach umbrellas, provided they are not prohibited by any other law or regulation. If such recreational amenities are allowed on the beach, they shall only be allowed during daylight hours and must be removed each day.

(b)

Subsection (a) shall not apply to seawalls and other protective structures or barriers, including any stairs or steps needed to gain access to the beach area, that are otherwise regulated by the code nor shall it apply to those items allowed in yard areas, provided the yard area does not include any part of a dune or beach area.

(c)

Subsection (a) shall not apply to temporary signs erected on stakes when the temporary signs otherwise comply with the sign code.

(Ord. No. 684, Art. V, § 1, 7-25-00; Ord. No. 18-010, § 2, 12-4-18)

Editor's note— Ord. No. 18-010, § 2, adopted December 4, 2018, amended § 30-81 and in so doing changed the title of said section, as set out herein.

Dune walkover structures shall conform to applicable state requirements, and require site plan review, planning board approval, and a building permit.

(Ord. No. 684, Art. V, § 2, 7-25-00)

(a)

Compliance. All bulkheads, seawalls, groins, and similar structures shall comply with the requirements of this section.

(b)

Establishment of bulkhead line along the Intracoastal Waterway. The bulkhead line along all shores of the Intracoastal Waterway within the town shall be coincident with the right-of-way lines established for the Intracoastal Waterway, as provided in Plat Book 17, Palm Beach County Records, except in locations where existing walls or bulkheads are located landward of said lines. In the latter case, the existing bulkheads shall be deemed to be the bulkhead line, or the extension thereof, up to but not beyond the right-of-way line of the Intracoastal Waterway in such manner as to produce the greatest advantage to the lands affected.

(c)

Approval required. Bulkheads, seawalls, retaining walls, groins, breakwaters, and similar structures shall obtain approval as provided in this section.

(1)

Non-Atlantic Ocean. A bulkhead, seawall, or retaining wall shall not be constructed in any water, canal, or lake, or on land abutting thereon, unless the following approvals, as applicable, have been obtained:

a.

U.S. Army Corps of Engineers;

b.

Florida Department of Environmental Protection;

c.

Palm Beach County; and

d.

other agencies as may be required.

(2)

Atlantic Ocean Improvements. A groin, breakwater, or other similar improvement shall not be constructed in the waters of the Atlantic Ocean unless the following approvals, as applicable, have been obtained:

a.

Town commission;

b.

U.S. Army Corps of Engineers;

c.

Florida Department of Environmental Protection;

d.

Palm Beach County; and

e.

Other agencies as may be required.

(d)

Protection of Ocean Ridge. There shall be no removal of any soil, sand, rock, vegetation, or other related elements from any lot east of SR A1A, except as provided below:

(1)

Town approval. Approval for the removal, as part of a seawall, retaining wall, or similar structure has been granted by the town.

(2)

Other approvals. Approval for the removal has been obtained, as applicable, from the Department of Environmental Protection, Palm Beach County, and other applicable federal, state, or local agencies.

(3)

Removal requirements. The removal shall occur only in conjunction with the following:

a.

A building permit for permanent construction in the coastal area included within the coastal construction control line; and

b.

A building permit for construction of a reinforced concrete seawall with a finish elevation consistent with applicable state requirements.

(4)

Construction limits. Construction shall not extend above or easterly of the seawall.

(5)

Disturbance. If the dune or coastal ridge is disturbed during construction, the final grade between a building and the side property line shall be restored to the natural elevation of adjoining properties. However, the minimum elevation of the final grade shall be not less than eighteen (18) feet above mean sea level. In the event that the adjoining property is lower, some type of retaining construction shall be erected so as to prevent erosion and to keep surface runoff water within the property.

(e)

Exception. Where alignment of existing seawalls or structures makes it impractical to comply with the provisions of this section, the town commission on advice from the planning board, may authorize an adjustment of the wall to meet existing conditions, However, construction shall be consistent with coastal construction requirements established by the Department of Environmental Protection.

(f)

Basements. Basements shall be permitted subject to the requirements of this section.

(g)

Temporary barriers. Before lot clearing can commence, a temporary barrier, such as a fence, shall be erected as required by the Department of Environmental Protection to preserve the integrity of the dune.

(Ord. No. 684, Art. V, § 3, 7-25-00)

Boats shall not be dragged over or parked on the vegetation of the dunes east of the state coastal construction control line or such other line as may be established by the Department of Environmental Protection.

(Ord. No. 684, Art. V, § 4, 7-25-00)

All lighting of all beachfront properties and all exterior lighting of properties located on the westside of State Road A1A within the town that may produce artificial light directly, indirectly, or cumulatively visible from any portion of the beach, shall comply with the "sea turtle protection" lighting standards as provided in section 4-8 of this Code.

(Ord. No. 684, Art. V, § 5, 7-25-00; Ord. No. 2024-001, § 3, 2-6-24)

For the purposes of this section, it is assumed that all of the area within the town is subject to either coastal damage due to wave action or flooding, or both.

(a)

Purpose and intent. The purposes and intent of this section is to:

(1)

Minimize hazards to life and damage to property in portions of the town exposed to severe wave action during hurricanes or other periods of extraordinary wind-driven high tides;

(2)

Minimize hazard to life and damage to property to portions of the town exposed to flooding as a result of such occurrences or heavy rainfall; and

(3)

Qualify for protection under the National Flood Insurance Program of the Federal Insurance Administration, Department of Housing and Urban Development.

(b)

Precedence. The requirements of this section, designed to reduce flood losses, shall take precedence over any conflicting laws, ordinances, or codes adopted by the town. Upon certification by the administrator of the National Flood Insurance Program, or successor program, that any area within the town is not so subject to either of these perils, the requirements herein shall not be applied to such area. In the absence of such certification, the special requirements listed below shall apply:

(1)

Building permit applications. All building permit applications for new buildings or substantial improvements shall be reviewed by the building department to assure that such buildings or improvements shall conform to the standards listed below:

a.

The buildings or modifications are designed and anchored to prevent flotation, collapse or lateral movement.

b.

The buildings or modifications use construction materials and utility equipment that are resistant to flood damage.

c.

The buildings or modifications use construction methods and practices that will minimize flood damage.

(c)

Additional permits. The building official shall advise affected applicants that additional federal or state permits may be required and, to the extent possible, shall assist with identifying the permits necessary, copies of permit applications, etc.

(Ord. No. 684, Art. V, § 6, 7-25-00; Ord. No. 2021-001, § 2, 1-5-21; Ord. No. 2021-007, § 2, 6-1-21)

The planning board, together with appropriate officials of the town and county, shall review proposed subdivision to minimize adverse impacts associated with flooding.

(a)

Purpose of review. The purpose of the review is to ensure proposed subdivisions are consistent with the standards listed below and with article VI of chapter 20.

(1)

Minimize flood damage. All proposed subdivisions are consistent with the need to minimize flood damage.

(2)

Protect utilities. All proposed subdivisions possess public utilities and facilities, such as sewer, gas, electrical and water systems that are located, elevated, and constructed to minimize or eliminate flood damage.

(3)

Evacuation. All proposed subdivisions provide adequate drainage so as to reduce exposure to flood hazard, and adequate access is provided to permit safe evacuation or servicing during emergencies involving high winds and flooding.

(4)

Potable water and sanitary sewage. All proposed subdivisions provide new or replacement water supply systems and sanitary sewage systems that comply with the following standards:

a.

The systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into floodwater;

b.

On-site waste disposal systems shall be located and constructed so as to avoid impairment during flooding; and

c.

On-site waste disposal systems are located so as to minimize contamination of area waters during flooding.

(b)

Compliance. All subdivision of property shall comply with chapter 26 and article VI of chapter 20 of the Town Code.

(Ord. No. 684, Art. V, § 7, 7-25-00; Ord. No. 16-009, § 5, 8-2-16)