O-2018-041 ORDINANCE NO. 2018 -04
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3 AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL,
4 AMENDING ARTICLE V. SUPPLEMENTAL REGULATIONS, BY
5 CREATING DIVISION 23, SEAWALL REGULATIONS,
6 ESTABLISHING CONSTRUCTION STANDARDS THAT ENSURE
7 SEAWALLS CONTRIBUTE TO COASTAL RESILIENCE AND
8 MITIGATE THE EFFECTS OF TIDAL FLOODING AND SEA
9 LEVEL RISE, PROVIDING FOR SEVERABILITY, AND
10 PROVIDING FOR AN EFFECTIVE DATE.
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12 WHEREAS, flooding and storm surge have become a significant concern for the Miami
13 Shores Village; and during the summer of 2017, southeast Florida experienced hurricane Irma
14 which resulted in significant flooding and damage;
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16 WHEREAS, Miami Shores Village has been experiencing a significant increase in flooding
17 during King Tides;
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19 WHEREAS, seawalls and similar structures contribute to coastal resilience when
20 constructed in a manner that is substantially impermeable and meets a minimum height standard
21 that addresses tidal flooding, and potential storms;
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23 WHEREAS, Village Staff recommends that the minimum seawall elevation be established
24 at 4.0 NAVD88 or 5.5 NGVD29, which would provide significant protection from the predicted
25 height of seasonal high tides and help protect the Village from future potential storms;
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27 WHEREAS, in accordance with, Sec. 1001 of the Village Code of Ordinances, the
28 administration has requested that the Planning Board, review Article V., and consider
29 amendments to create Division 23 Seawall regulations. Property owners choosing to construct
30 seawalls are strongly encouraged to have the foundation designed to accommodate a future
31 seawall height extension up to a minimum elevation of 5.0 feet NAVD88 or 6.5 NGVD29;
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33 WHEREAS, during the Planning Boards public hearing and deliberations, the Board
34 considered the appropriateness of the proposed seawall regulations;
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36 WHEREAS, the Planning Board held a public hearing on October 12, 2017, and voted to
37 recommend approval of an amendment to Article V. of the Zoning Index, contained in the Code
38 of Ordinances of Miami Shores Village; and
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43 NOW, THEREFORE, BE IT ORDAINED BY THE MIAMI SHORES VILLAGE COUNCIL:
44 Section 1. That the Zoning Appendix to the Village Code of Ordinances, Article V, is
45 hereby amended by creating Division 23 Seawall Regulations (section 600), as set forth in Exhibit
46 A, attached hereto and made a part thereof.
47 Section 2. All ordinances or parts of ordinances in conflict herewith or inconsistent
48 herewith, are hereby repealed, but only insofar as such ordinances may be inconsistent or in
49 conflict with this Ordinance.
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I EXHIBIT A
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3 DIVISION 23. — SEAWALL REGULATIONS
4 Sec. 600 Seawall Regulations.
5 (a) NAVD88 or the North American Vertical Datum means the vertical control datum of
6 orthometric height established for vertical control surveying in the United States of
7 America based upon the General Adjustment of the North American Datum of 1988.
8 (b) Seawall means vertical or near vertical structures placed between an upland area and a
9 waterway.
10 (c) All seawalls must be designed and built in a substantially impermeable manner to prevent
11 tidal waters from flowing through the seawall while still allowing for the release of
12 hydrostatic pressure from the upland direction.
13 (d) The minimum seawall elevation shall meet 4.0 feet NAVD88 or 5.5 NGVD29, Property
14 owners choosing to construct seawalls are strongly encouraged to have the foundation
15 designed to accommodate a future seawall height extension up to a minimum elevation of
16 5.0 feet NAVD88 or 6.5 NGVD29.
17 (e) Seawall improvements constituting substantial repair at the time of permit application shall
18 meet the minimum elevation and consider the design recommendations of this section for
19 the continuous seawall for the length of the property. For the purposes of this section,
20 Substantial improvement, means any combination of repair, reconstruction,
21 replacement, rehabilitation, addition, or other improvement of the wall taking place
22 during a one -year period, the cumulative cost of which equals or exceeds 50 percent of
23 the value of the seawall structure before the improvement or repair is started.
24 (f) All property owners must maintain their seawalls in good repair. A seawall is presumed to
25 be in disrepair if it allows for upland erosion, allows for transfer of material through the
26 seawall or allows tidal waters to flow unimpeded through the seawall to adjacent properties
27 or any public Right -of -Way
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Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way
effect the validity of the remaining portions of this Ordinance, which shall be deemed to be
severable therefrom.
Section 4. This Ordinance shall become effective immediately upon adoption on
second reading.
Passed on first reading this 23rd day of January, 2018.
Passed and adopted on second reading this 20th day of February, 2018.
12 ATTEST,,,,,,,
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16 Y e y ri ez,;' C:N
17 Village' - .
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19 APPROVED AS TO FORM:
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23 Richard Sarafan
24 Village Attorney
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am Glinn, Mayor
FINAL VOTE AT A00PTION
Council Member Steven ZelkaNitz mi
Council Member Jonathan Meltz Y-ec
Council Member Alice Burch
Vice Mayor Sean Brady
t,layor MacAdam Glinn
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