26-005 ORDINANCE NO. 26-005
1
2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
3 BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 08-007 BY
4 AMENDING POLICY 4.5.3 OF THE COMPREHENSIVE PLAN'S
5 CONSERVATION ELEMENT OF THE CITY OF BOYNTON BEACH,
6 FLORIDA; TO IMPLEMENT A PAYMENT IN LIEU OPTION FOR
7 CONSERVATION LANDS; PROVIDING FOR CODIFICATION;
8 PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
9 PROVIDING FOR AN EFFECTIVE DATE.
10
11 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted a
12 Conservation Element to the City's Comprehensive Plan pursuant to Ordinance No. 08-007; and
13 WHEREAS, Policy 4.5.3 of the Conservation Element of the City of Boynton Beach's
14 Comprehensive Plan currently establishes a requirement that development on high-value or large
15 sites must include ecological surveys and preservation of at least 25% of native habitat; and
16 WHEREAS, the Development Department would like to amend the Conservation Element
17 of the City's Comprehensive Plan to implement an environmentally sensitive lands payment in
18 lieu option; and
19 WHEREAS, the collection of fees will support the maintenance and/or acquisition of
20 environmentally sensitive lands; and
21 WHEREAS, the City Commission has determined that this amendment serves the public
22 health, safety, and welfare of the citizens of the City of Boynton Beach.
23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
24 BOYNTON BEACH, FLORIDA:
25 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and
26 correct and are hereby made a specific part of this Ordinance upon adoption hereof.
ORDINANCE NO. 26-005
27 Section 2: The City's Comprehensive Plan, City of Boynton Beach Conservation
28 Element, Goal 4, Objective 4.5, is hereby amended to read as follows:
29 Objective 4.5
30 To provide for the continued existence of at least 75% of the acreage occupied by "A"
31 rated ecosystems sites through the long term plan horizon.
32 Measurability: Number of acres of "A" rated ecosystem sites retained.
33 Policy 4.5.1
34 The City shall continue to recognize all natural resource areas depicted in Figure 4 as
35 environmentally sensitive sites. The City shall also adopt the "Conservation Overlay" of"A"
36 rated ecosystems sites as part of the Future Land Use Map of the Comprehensive Plan.
37 Policy 4.5.2
38 The City shall continue to provide the County with updates to the City's inventory of
39 sensitive ecosystems and formally request assistance and financial support from State and
40 County agencies to preserve "A" rated ecosystems sites in the City. The City shall continue
41 to, as routine procedure, also notify the County of development proposals formally
42 initiated on "A" rated sites.
43 Policy 4.5.3
44 The City shall continue to require a detailed flora and fauna survey on any "A" rated site
45 subject to a development proposal and any site greater than 10 acres in size. The City shall
46 require preservation of a minimum 25%of all native plant communities which occur on an
47 "A" rated ecosystems site the specific location to be determined as a result of the site
48 survey. Habitat shall be preserved with intact canopy, understory and ground cover.
49 The City shall have the option of a payment in lieu of the preservation reauirement. The
50 City's Land Development Regulations establish the process for determining eligibility and
51 program implementation. The City shall adopt a fee to assess the in lieu payment amount,.
52 based on the land area.
53 Policy 4.5.4
54 The City shall continue to enforce land development regulations to prohibit land clearing
55 practices that destroy native Florida ecosystems in whole or in part prior to permitting by
56 the City.
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ORDINANCE NO. 26-005
57 Policy 4.5.5
58 The City shall continue to enforce policies regarding the preservation of native habitat and
59 endangered or threatened species and these policies shall also apply to any property
6o which is owned or acquired by the City.
61 Section 3: Codification. It is the intention of the City Commission of the City of
62 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and
63 be made a part of the Code and Ordinances of the City of Boynton Beach, Florida, and that
64 Sections of this Ordinance may be renumbered, re-lettered and the word "Ordinance" may be
65 changed to"Section," "Article,"or such other word or phrase in order to accomplish such intention.
66 Section 4: Severability. If any clause, section, or other part of this Ordinance shall be
67 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
68 or invalid part shall be considered as eliminated and in no way affecting the validity of the other
69 provisions of this Ordinance.
70 Section 5: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or
71 parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such
72 conflict.
73 Section 6: Effective Date. That this Ordinance shall take effect immediately
74 upon passage.
75 [SIGNATURE PAGE TO FOLLOW]
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ORDINANCE NO. 26-005
76 FIRST READING this V1 day of V , 2026.
77 SECOND, FINAL READING AND PASSAGE this day of \ , 2026.
78 CITY OF BOYNTON BEACH, FLORIDA
79 YES NO
80
81 Mayor— Rebecca Shelton
82
83 Vice Mayor—Thomas Turkin
84
85 Commissioner—Angela Cruz ✓
86
87 Commissioner— Mack McCray
88
89 Commissioner—Aimee Kelley 1,7
90
91 VOTE
92 ATTEST:
93
94 9( '
95 a , I 7 2
96 Tammy Stanzi ne Rebecca Shelton
97 Interim City Clerk Mayor
98
99 ,-�g Ory APPROVED AS TO FO •
100 (Corporate Seal4 0;GO PO qTF'..
101 SEAL• �_ ' m' `J
102 INCORPORATED: Shawna G. Lamb
103 y :• 1920 •: f City Attorney
•, •
1,'‘‘ FLORIOP
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