§ 151.03. Permit required; application.

(A)

Shoreline construction, general provisions.

(1)

No seawall, revetment, or other shoreline construction shall be constructed, replaced, or repaired within the town without having first secured a permit from the town. All applications for permits shall meet the following general requirements as well as the specific requirements for the type of structures being constructed, replaced, or reconstructed as set forth below.

(2)

If the proposed construction is located toward, along, or adjacent to the waters of the Gulf of Mexico, Longboat Pass, New Pass, Sarasota Bay and its associated lagoons, bayous or all tidal-influenced waterways, except manmade canals, the applicant must first obtain all necessary permits from the agencies of the federal government and the State of Florida having jurisdiction. The town will process an application for a permit only after all permits have been issued by the State of Florida and the town finds by clear and convincing evidence that:

(a)

There is significant erosion at the site;

(b)

No viable alternative exists;

(c)

Revetment or nonstructural shoreline stabilization is utilized to the greatest extent feasible;

(d)

There exists an inhabited structure on the upland that is threatened by the erosion;

(e)

The proposed construction is landward of the mean high-water line; and

(f)

All other provisions of the Code are met.

(3)

If a dispute exists as to whether these factors are met, the town may hire, at the applicant's expense, such experts necessary to assist the town manager in making such findings.

(4)

An application for all shoreline construction shall be made in writing in duplicate to the town manager or designee and shall contain the following general information:

(a)

Name and address of applicant property owner;

(b)

Name, address and capacity of person making application, if other than property owner;

(c)

Legal description of upland property adjacent to or in front of which construction is planned;

(d)

Evidence of record ownership of adjacent upland property (certified statement by license title or abstract company or county tax assessor or clerk); and, if applicant is not the property owner, a statement from the owner of record consenting to the proposed construction;

(e)

A report of an engineer describing the purpose of the proposed construction; the problem, its cause, and the expected effect of the proposed construction on adjacent and neighboring property;

(f)

Location map on 8½-inch by 11-inch paper, showing the location of each structure to approximate scale, and the following information:

1.

Name of applicant;

2.

Boundaries of applicant's property, including section, township and range;

3.

Location by town and county;

4.

Name of the adjacent waterbody;

5.

Brief word description or title of project;

6.

General identifying landmarks;

7.

Legend or labels to identify graphic objects;

8.

Date;

9.

Scale and north arrow;

10.

Control line.

(g)

Names and addresses from the latest county tax roll of all owners of riparian property within 1,000 feet of any proposed coastal construction and all owners within 200 feet of any proposed shoreline construction;

(h)

The location of any wetlands within 100 feet of the proposed construction, or any other protected, threatened, or endangered species in accordance with applicable law;

(i)

A copy of all federal and state permits.

(B)

Seawall construction.

(1)

Plans for the proposed construction, replacement, or repair of a seawall shall be prepared by, or under the direct supervision of, an engineer registered and licensed by the state. In addition to the general requirements, the plans shall include the following additional information:

(a)

Plan of the area showing the location of the proposed seawall;

(b)

For new seawalls, existing shoreline profile based on United States Coast and Geodetic Survey Sea Level Datum. Profiles shall be shown at each end of the proposed bulkhead and at appropriate intervals between, and shall extend from the upland vegetation line or 100 feet, whichever is greater, to a minimum of 50 feet seaward of the mean low waterline. The mean high-water line shall be shown thereon;

(c)

Existing seawalls or other coastal construction within 200 feet, on both adjacent sides, of the proposed construction;

(d)

Finished elevations and seaward projections of adjacent seawalls;

(e)

Proposed finished elevations of the top of the proposed seawalls, as well as finished seaward projections;

(f)

Opposite shoreline wherever the construction may affect channel widths or the stability of the proposed seawall;

(g)

Typical section of the proposed seawall, showing the length, thickness, reinforcing steel, cap, tiebacks, deadmen, and similar elements, in complete detail;

(h)

Proposed construction details, including the strength of the utilized materials, establishing that:

1.

Penetration of slabs shall be adequate for structural stability considering the anticipated stabilized bottom;

2.

Tiebacks shall be provided and shall be properly protected against corrosion;

3.

Deadmen shall be constructed in undisturbed soil or in clean, granular backfill, compacted to suitable density; and

4.

Wherever the proposed seawall is to be exposed to severe wave action, whether natural, from passing boats, or otherwise, erosion or wave energy protection shall be provided.

(2)

Along manmade canals, new seawalls will be permitted only where a seawall exists on adjoining properties.

(3)

The repair or replacement of existing seawalls within an existing subdivision or developed area shall be permitted as follows:

(a)

Construction, inclusive of a buttress and seawall cap, shall not protrude more than 12 inches seaward of the existing seawall or seawall cap. Notwithstanding the foregoing, if there are two existing seawalls abutting the subject replacement seawall of differing seaward projections, then the subject replacement seawall shall be further limited to a seaward projection distance of no more than either equal to the immediately abutting seawall with the least projection or a total seaward projection of 12 inches, whichever is less.

(b)

Seawall construction height shall not exceed a maximum height of 4.5-foot elevation (NAVD 1988) inclusive of the seawall cap. All seawall height increases that propose to modify the preconstruction grade elevation landward of the seawall in excess of six inches shall require an applicant to submit a drainage plan to the town demonstrating that there are no adverse stormwater runoff impact(s) to immediately adjacent properties.

(C)

Revetments.

(1)

Plans for proposed construction, replacement or repair of a revetment shall be prepared by, and under the direct supervision of, a coastal construction engineer registered and licensed by the state. At a minimum, the plans shall include the following additional information:

(a)

Plan of the area showing the location of the proposed revetment;

(b)

For new revetments, existing shoreline profile based on United States Coast and Geodetic Survey Sea Level Datum. Profiles shall be shown at each end of the proposed revetment and at appropriate intervals between, and shall extend from the upland vegetation line or 100 feet whichever is greater, to a minimum of 50 feet seaward of the mean low waterline. The mean high-water line shall be shown thereon;

(c)

All existing shoreline construction within 200 feet of both adjacent sides of the subject property of the proposed revetment;

(d)

Finished elevations and seaward projections of adjacent shoreline construction;

(e)

Proposed finished elevations of the top of the proposed revetment, as well as finished location;

(f)

Opposite shoreline whenever the construction may affect channel widths or the stability of the proposed revetment.

(D)

Plans shall be submitted to the town for evaluation prior to the issuance of a construction permit. If necessary, the town shall commission, at the applicant's expense, the assistance of an independent engineering consultant to review the submitted plans.

(E)

Any request for a departure from the requirements of this Code, or any dispute as to structural integrity of any structure proposed under this Code, shall be resolved by the town manager or designee. Any expertise necessary to assist the town manager or designee in making that decision shall be at the applicant's expense. In making the determination as to whether to grant a departure, the town manager or designee must determine that the proposed design meets the intent of this chapter.

(F)

Where wetlands exist the applicant must meet the following additional criteria:

(1)

Construction shall be prohibited except that a seawall or revetment may be constructed so long as it is more than ten feet landward from the wetlands or such other more restrictive state regulation;

(2)

Elevation of the top of the seawall cap or top of the revetment shall not be greater than 12 inches from the existing grade prior to construction. Existing grade is defined as the elevation or grade of the parcel as of March 15, 1991. If fill material is deposited after the above date, the previous elevation shall be considered as the existing grade for purposes of this section. The burden of proving the existing grade shall be upon the applicant;

(3)

All areas seaward of the seawall or revetment shall not be disturbed.

(G)

Protected, threatened, or endangered species shall be addressed in accordance with applicable law.

(H)

Coastal and shoreline construction is prohibited on all islands or keys within the corporate limits of the town not attached by land to the Island of Longboat Key.

(I)

Upon conclusion of the construction, the grantee of the permit shall furnish the town with a set of "as-built" drawings, certified by the design engineer or surveyor, and a certification by the appropriate professional that the completed project conforms with the comprehensive beach management plan, if applicable, and the permit issued for the project.

(Ord. 07-28, passed 7-9-07; Ord. 2015-17, passed 6-1-15; Ord. 2018-10, passed 6-4-18)