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Ordinance 85-02ORDINANCE NO. 85- 2 AN ORDINANCE RELATING TO THE CONSTRUCTION, RECON- STRUCTION, REPAIR, ALTERATION, PROJECTION AND PROLONGATION OF SEAWALLS AND REVETMENTS IN THE UN~C~RPORATED AREAS OF COLLIER COUNTY; PROVIDING DEFINITIONS; PROVIDING THAT A FAILED SEAWALL OR RE~WTMENT IS UNLAWFUL AND A PUBLIC NUISANCE; PROVIDING FOR ENFORCEMENT JURISDICTION BY AMEND- IN~ ~ECTION T}IREE, SUBSECTION 2 OF ORDINANCE NO. 83~4~TO PROVIDE TItAT Tile CODE ENFORCEMENT BOABD OF~'COLLIER COUNTY SHALL HAVE JURISDICTION TO HEAR A~) DECIDE ALLEGED VIOLATIONS OF THIS O~DINANCZ; PROVIDING FOR OTHER ENFORCEMENT REMEDIES AND PENAL- TIES~ PROVIDING TECHNICAL SPECIFICATIONS FOR SEA- WALLS AND REVETMENTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WtIEREAS, there arq many areas in the County which are adjacent to natural or man-made bodies of water~ and WHEREAS, many of these areas adjacent to bodies of water are bordered by leawalls and revetments; and WHEREAS, properly designed and constructed seawalls and revetments metre to prot.ct waterfront upland property and improvements located thereon against wave attack and serve to stabilize the position of the shoreline; and WHER£AS. .eawalls and rev.tmo, nts have a tendency to fai~ and fall into bodies of water becauso of the passage of tiAe, strong winds, heavy rains, erosion, corrosion, and high and ~ow t~des among other reasons; and '" WHEREAS, seawalls and revetments which have failed or collapsed are a hazard to n.vigation in navigable bodie~ of water and a ~azard to drainage and flood control in non-navigable bodies of water; and W}IEREAS, a failed seawall or revetment with accompanying loss of fill, unless promptly replaced or repaired, may cause continuing loss of soil on adjoining properties which can seriously and adversely affect the stability of seawalls and revetments on those adjoining properties as well as the value of adjoining properties; and WHEREAS, a failed seawall or revetment deprives adjoining property owners of the additional strength that derives from the common benefit of a continguous ~eawall or revetment; and ~{EREAS, individual property owners are presently respon- sible for maintenance, repair, and replacement of seawalls and rlvltmantl along their property; and W~EREAS, there prelently exists a threat to public health, safety, and welfare because of the failure of some individual property owners to maintain, repai~, or replace their failed seaw&lls or revetments; NOW T}{EREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section Onet Definitions~ As used in this Ordinance, the following words shall have the following meanings: "County": means the unincorporated area of Collier County, Florida. "Seawall": means any solid upright structure which s~rv,~ to g-parnte real property and/or any improvements thereon from any natural or man-made body of water. "Failed seawall or revetment': means a seawall or revetment that has failed ztructurally or that has moved from its original position or that does not serve to stabilize the position of the shoreline. "Revetment': means a sloping structure which serves to separate real property and/or any improvements ther,on from any natural or man-made body of water. Section Two: Failed Seawall Or Revetment Declared To Be Unlawful And A Public Nuisance. It is hereby declared unlawful and a public nuisance for any property owner in the County to permit, cr to fail to repair or reconstruct, any failed seawall or revetment upon his property. Section Three: Enforcement Jurisdiction. In any area of the County where a Code Enforcement Board exists, such Code Enforcement Board shall have Jurisdiction to enforce the provisions of this Ordinance, however the Jurisdic- tion of the Code Enforcement Board shall not be exclusive. The Code Enforcement Board ~hall have such enforcement powers to be exarcilad in much manner al may be provided by county ordinance or Irate statute, includiDg the authority to levy a fine Dot to exceed two hundred fifty dollars ($250.00) for each day a viola- tion continual pelt the date let by the Coda Enforcement Board"s order for compliance. In connection therewith, Section Three, Sublaction 2 of Ordinance 83-43 which created the Code Enforce- ment Board of Collier County, il h~reby amended by adding the following language: (J) Seawalls and Revetments - Collier County Ordinance No. 85- ] and amendments thereto. Section Four: Other Enforcement Remedies And Penalties. Violation of the provisions of this Ordinance, or failure to comply with any of the provisions of this Ordinance shall consti- tute a mildemeanor. Any person who violates this Ordinance or fail= to comply with any of thc provi=ion= cf thin Ordinance shall upon conviction thereof be fined or imprisoned, or both, as provided by law, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. In addition, the Board of County Commissioners may take any other lawful action in any court of competent jurisdicticn as is necessary to prevent or remedy any failure or refusal to comply with any of the provisions of this Ordinance. Such othe! lawful action shall include, but shall not be limited to, an equitable action for injunctive relief or action at law for damages or foreclosures of liens. Nothing contained in this Ordinance shall be construed to limit or otherwise adversely affect an adjoining property owner's right to seek redress for damages resulting from a failed seawall or revetment. Section Five~ Technical Specifications For Seawalla And Revetmonts. There is attached hereto and incorporated by refcre~lcc herein a document entitled "Collier County Seawall and Revetment Regulations - Technical Specifications," consisting of pages one through nine, inclusive of design figures. All seawalls and revetments constructQd, reconstructed, repaired, altered, pro- Jected or prolonged in the County after the effective date of this Ordinance must meet or exceed these technical specifica- tions as follows~ A. Minor repairs to the seawall or revetment which do not necessitate physical alteration to the existing structural support system are exempt from the technical specifications. B. Major repairs to the seawall or revetment which necessi- tate physical replacement of any portion of the structural support system, except sheet piling, shall comply with the appropriate material specification of the technical cpecifi- cations for the proposed repair only. C. Reconstruction of any seawall or revetment requiring the complete reinstallation of the sheet pile portion of the structural support system, or any new seawall or revetment section installed adjacent to or independently from any existing seawall or revetment shall require complete con- formance with all sections of the technical specifications for that portion of seawall or revetment. Failure to comply with these technical specifications shall constitute a violation of this Ordinance. Section Six: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, t}:u more restrictive shall apply. If any phrase or pcrtion of this Ordinance is held invalid or Unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Section Seven, Effective Date This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA SS, Chairman STATE OF FLORIDA ) COUNTY OF COLLIER ) I, %~ILLI,%~ J. R~%CA)~, Clerk of Courts in and for the ~entieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing in a :rue oriKinal of: ORDINANCE NO. 85-2 ~htch waa adopted by the Board of County Commisntonern during Regular Session tile 8th day of January, 1985. WITNESS my hand and the official neat of the Board of County Co~miaalonern of Collier County, Florida, thta flth day of January, 1985. ~ eedleance filed wl~ the and m*..~c~~t of thor WILLIAR J. REAGAN Clerk of Court- ami Clerk F~-Officio to Board of County CT/t, jlalonera .' ,..." ,oo, 019.,;;ZS7 COLLIER COUNI~ SEAWALL AI4D REVETHENT REGULATIONS TECHNICAL SPECIFICATION SECTION Il DESCRIPTION The york described in this Specification consists of the design ,md construc- tion of v&tsrfront upland propart7 and building protection structures such aa seavalls and revetments which serve to protect against wave attack ~nd to sca- bilges tbs position of the shoreline. The Deailn and Construction standards herein described shall provide minimum requirements for all ssavalla and revetments constructed, reconstructed, repaired, altered, pro]acted or prolonged. SECTION DESIGN CONflDERATIONS General 1. All plans and specifications for eeawalle and revetments shall be prepared by & Professional Engineer registered in the Stats of Florida. 2, Th~ d~algn ~f th~ structures shall adequately address all possible soil, live, dead and hydrostatic loadings existing durinR the life of the structure. Criteria 1. Soil and site parameters essential to the structural design ars summarized on Figure I. 2. The active failure soil wades on the upland side o! the structure shall assume saturated soil to the top cap of the seawall/revatmanC. 3. ~e low wager depth on the water'ward aide of the structure shall be assumed co be a "Iow, low" tide. SECTION 3: A. GENERAL REqUIRF~ENTS l~catton Saa~alle ahall be placed so chat the wate r~ard face of the wall ia coincidental with the platted property ot bulkhead line, if one exists, or at the intersection of the mean high water line with the existing shoreline. Revetments shall be placed so the exposed rock face intersects the platted property or bulkhead line at the mean high water line. Elevation The cap elevation for all seawalle and revetments fronting on protected tidal waters shall be equal to, or greater than, eleva- tion &.5 feet N.G.V.D. (National Geodetic Vertical Datum) and equal to or Rreater than, 5.5 fast N,G.V.O. on open bays and channels. The elevation for all seawalla and revetments fronting on freshwater canals and lakes shall be equal to, or greater than, the local high water elevation as determined for a 25 year return frequency design storm event. January R, 1985 The only flllin~ authorized herein shall be for backfill behind Cbs ssswalle or revetments and shall not ~xtend say further water- ward chart existinl eeawalls or revetments. The backfill shall be from upland sources and consist of suitable granular material free from toxic pollutants in ocher than trace qusnCiting. At no tim shall this Specification ba construed to allow the filling of any County, Stats or Federal wetland. D. Code Enforcement 1. The County Manager, or his designated representative, shall review the plans and specifications to deter~ine if all appropriate Engineering Certifications ire provided. Upon detnraination chat all certifications ars provided, the County MsnaRnr, or hie designated reprnsentativn, shall issue a Per,nit Co psrfo~ such work. 2. At the conclusion of all p,~itt~d work relating to an indi- vidual s~awall or r~v~tm~nt improvement, a certification by a Prof~msional Ensine~r r~iist~r~d In the State of Florida shall h~ provided to th~ County ~lnaimr, or him d~sl~nat~d r~presenta~lve, varifying compliance with the design and construction requirements of thin Specification. E. Special Conditions The County ManaAer. or his desiRnated representative. ~y waive/ abate only ~hose requirements detailed herein that are in dtroc~ conflict with existing conditions at or adjacent to the property location for th~ proposed s~awsll or r~vstm~nt improvaments. Substitutions ~ay b~ authorized by the County ~naR~r, or his d~siRna~ed representative, for seawalls or revetments consr~cr~d of ~t~rial and/or by m~thods other than ss d~ailed in this Ordinanc~ only If the d~siEn considsr~tions of Section 2 h~r~ln ar~ compll~d ~lth. ~ls authorization does not all~ substitution of any requirement detailed In S~ction a herein. SECTION ~: A. RESTRICTIVE SPECIFICATIONS General I. The Standard Specifications of chh Florida Department of Transportation for Road and Bridge Construction, L&test Edition, shall govern all conntruction~ including aatsrials and work~anship~ where applicable. 2. The references to tie-back rode and anchors in the following subsections shall not be construed aa a rnquirnmant by Collier County for that particular means of sheet pilint support sys- tem but ara included for Specification information purposes only. 14hen utilized, the tie-back rods shall be strniiht between wall cap or velar and anchor plats. 3. Sheet piling shall bs installed plumb in both the horizontal and vertical directions. J~nuarv R, lg~S 2 ~. Sheet pilin8 shall penetrate into fica ground o minimum ~0~ of the total length of the sheet pile but never less th~n & {eat, This penetration requirement nay be abated in the avant the toe of the sheet pile can be embedded a miniumum of 12 inches in solid bedrock. 5. The toe-berm of all sheet pill leaValll shall ba protected by a atone rip-rap revetment placed on a filter fabric erosion control blanket in accordance with Section &.D aa a. At locations vhsre soils viii not adequately resist toe-out failure by addl~ional penetration depth alone; b. At locations where lateral tidal flows create excessive scour and erosion of the toe-berm; c. At any ocher location where the design Engineer deems it necessary for the preservation of the integrity of the seawall. Concrete Sheet Pile Seawslls I. All aeavalls under this Section may be of concrete, utilizing the tongue end zro~v,, ar ~cher spproved me~hod of construc- tion. ~lth poured-in-place concrete :ap. 2. Th~ concrete shall have a minimum test strength of 3,000 psi after 28 days. Each sheet pilins slab shall have s minimum thickness of six inches and provide a minimum reinforcing steel cover of and one-half (2~) inches of concrete. ~e concrete cap shell not be less than 10 Inches in thick- ness. nor less than 16 inches in width, and con,sin one-half (~) inch e×p~nsion Joints of pre-molded sealer at all property lines b~ in no cese more ~hmn 100 foot intervals. ~. All tie-back rods shell he of a alee. material and composi- tion to ensure a three-~o-oae (3:1) safety factor under the desisn criteria outlined in Section 2.A.2. Tie rods shall be integral with ~he slab vertical reinforcing steel ~nd be environmentally protecte~ against corrosion by "hot-dip" galvanizing in accordance wl~h AST~ A-153. epoxy coating in accordance ~l~h ASTM A-775. or any other equivalent protection materi,1. 6. Tie-rod anchors shall have not less than six square feet of vertical surface area perpendicular to the alignment of the ~ie-rod and be located within the area of full passive resis- tance. Aluminum Shee~ Pile Seawalls 1. All eeawalla under this Section may be of aluminum, with all members conforming to the appropriate ASTM standards so specified. 2. Sheet piles shall be fabricated from aluminum alloy ~052-HIAl, conforming to ASTH ~-20~ alloy ~0~2 for chemical compoaition; also having a minimim thickness of 0.12~ inches and a ultimate tensile strength o! ~5~00 p.a.i. 3 Cap and Joint extrusions shall bs fabricated from aluminum alloy 6063-T6, conformtn~ to ^iTt~ B-22t alloy 6063 for chemical composition{ also having a minimum thickness of 0.15 inchel and a minimum ultimate tensile strength o~ 30,000 p.s.i. The cap shall be a minimum of six inches vide and five and three-quarters (5.75) inches deep. A~chor rods and anchor plates shall be fabricated fron aluminum alloy 6061-T6, conforning ASTH'B-221 alloy 6061 chemical composition{ also havin{ a ~iui~m thic~ess 0,125 inches for anchor plates and a minima diameter of 0.75 inches for anchor rods, both with a sinimum ultiute tensile strength of 38,000 p.s.l. ~chor rods shall be destined to ensure a three-to-one (311) safety factor under the design criteria outlined in Section 2.A.2. 5. Installation procedures shall ioll~ the {uidelines and methods required by the aluminum seawall manu[acc,srer. 6. If the aluminum ~aterial is brought in contact with concrete, a cos:ini of clear methacrylar- lacq. er shall be applied to the aluminum contac~ surface to prevent corrosion. shall be nn dissimilar metals or metal systems bonded to the Revetments 1. ~e york under this ~ectiun la comprised of a heavy factsR of precn~t co-crete blocks, natural stones and boulders, bars filled with sand-cement mixture o[ grout, or some other durable [acing ~terial placed on a stable natural sloping shore. 2. ~e revetment shall be placed on a smooth, even, compacted elope with a iradient not exceeding one foot vertical drop lot every two feet of horizontal distance. ]. All revet~nta shall be placed on a woven plastic ~ilter ~abrtc in accordance with F.D.O.T. Specifications, Section 51l. ~is fabric shall be overlaid by a layer of one inch four inch stone which shall se~e as a cushion for the layer protection. ~e [abric shall be folded over and anchored by larger rock at the toe o~ the revetment slope. i. ~e stone revetment a~r layer shall be comprised boulders of sufficient quantity and size to withstand all :ida and wave forces, but tn no case be Lass than that specified by F.D.O.T. Specifications Section ~]0. 5. Alternative ar~r layers oi protection ~y be sand-cement base interconnected by Il rein[orcin8 dowels, in accordance with F.D.O.T. Specifications Section 530, "Terra~ix', "T:i-lock' or any other approved inter[ockinl~ precast, modular concrete a~or system. January R, 19R$ m StC~IO~ $: PEtFOP~4CE T~.M Spscificatio~e detail minimum requ~r.ne~ts for s.awalls and r.vetnanta ~hich ers to ~ cons~ct.d in Colli.r County. ~ndividuaX libility Of the land--er, based upon specific site conditions, type of shore .tl~lli:ltion st~cturs desired, ~thod of coMt~c~ion, and all other ~actors requir.~ntl onl~ and ars not lntend.d to bsa final d.siBn rela~ln~ to sit~ or an~ oth.r affsctint conditions. II i .~o % P~trotion TYPICAL STONE REVETMENT TYPICAL, CONCRETg-BLOCK REVE:TMENT PLAN VIEW SECTION A'A INTERLOCKING BLOCK Fl<}ure 4