CHAPTER.8 Chapter 8
EXCAVATION AND FILL REGULATIONS
Art. I. In General
Art. II. Classifications
Art. III. Permitting
Art. IV. Construction
Art. V. Nuisance Abatement
Art. VI. Restoration Surety
ARTICLE I. IN GENERAL
Sec. 1. Short title.
This chapter may be referred to as the "Boynton
Beach Excavation and Fill Regulations."
Sec. 2. Purpose and intent.
The purpose of this chapter is to provide a set of
regulations which govern the excavating, filling
and/or dredging of materials within the City of
Boynton Beach. It is intended that these regulations
provide a minimum set of standards to be followed
when excavating, filling and/or dredging of materials
is proposed within the city in order to protect the
health, safety and welfare of current and future
residents. The issuance of a permit by the city
pursuant to this chapter shall not relieve any party
from obtaining the necessary excavation, dredge and
fill permits from other state, federal or local
governmental agencies which have jurisdiction over
the proposed fill, dredge or excavation, and it shall
not permit the destruction of ocean front dunes which
is strictly prohibited. See also LDR Chapter 7.5,
Article I, Section 5B; Code of Ordinances Chapter
10, Sections 10-23; 10-26(d) and 10-30; and LDR
Chapter 2, Section 4, paragraph N9. It is intended
that requirements contained in Chapter 8 apply to all
excavating, filling and dredging activities whether
they are performed as part of the improvements
required in the platting process; when associated with
simultaneous building construction; or when
performed as a separate operation.
(Ord. No. 96-58, § 1, 1-21-97)
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Sec. 3. Scope.
These regulations shall be applicable to all lands
within the corporate limits of the city of Boynton
Beach.
Section 4. Objectives.
The objectives of these regulations include, but
are not limited to, the following:
A. To provide a maximum degree of safety and
protection for the public through the orderly control
of excavation operations;
B. To mitigate nuisances and reduce the
negative impact of excavation operation on the
residents of Boynton Beach and the environment;
C. To provide a living environment for future
residents of Boynton Beach which is relatively free
from hazards which could resuk from misdirected
excavation operations; and
D. To provide for the orderly excavation of
land consistent with the public health, safety and
welfare.
E. To prohibit land clearing practices that
destroy native Florida ecosystems in whole or in part.
(Ord. No. 96-58, § 2, 1-21-97)
ARTICLE II. CLASSIFICATIONS
Classification of activities.
For the purpose of this chapter, excavating, filling and
dredging activities are further classified as follows:
A. Category 1--Activity involving the
excavation and filling of materials not more than two
(2) feet below existing grade with no materials moved
beyond the project property lines.
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B. Category 2--Activity involving the
excavation and/or filling of materials not more than
two (2) feet below existing grade with excavated
materials moved beyond the project property lines.
C. Category 3--Activity involving the
excavation and filling of materials more than two (2)
feet below existing grade or excavation below the
water table with no materials moved beyond the
project property lines.
D. Category 4--Activity involving the
excavation of materials more than two (2) feet below
existing grade or excavation beyond the water table
with materials being moved beyond the project
property lines.
E. Category 5--Activity involving less than one
hundred cubic yards of dredged material with no
materials moved beyond the project property lines.
F. Category 6--Activity involving either one
hundred cubic yards of dredged material or movement
of any quantity or dredged material beyond project
property lines.
(Ord. No. 96-58, § 3, 1-21-97)
ARTICLE iii. PERMITTING
A. Permit application and review. Landowner
or his agent shall secure a permit for work described in
this chapter from the city engineer as follows:
1. Submissions.
a. Reclamation Plan. Submit a
reclamation plan signed and sealed by a Florida
registered engineer which includes at a minimum the
following:
(1) Materials depicting
existing grade and vegetation;
applicable;
(2) A phasing plan, where
(3) Soil borings indicating
the depth of the various materials to be dredged or
excavated;
(4) A map indicating the
location of soil borings;
(5) Finished cross sections
with finished land elevations shown;
(6) A description of the
method(s) involved in the excavation;
(7) A listing of the person
or persons responsible for the work proposed;
(8) Tabulation of the
amount of material to be moved;
(9) Plans for the abatement
of nuisances such as the flowing of dust and sand;
(10) The steps to be taken to
protect the water resources, if applicable;
(11) The height and location of
proposed stockpiles;
stockpiling;
(12) The duration of
(13) The duration of the work;
(14) Traffic plans to include
the treatment of internal roads, private or public street
crossings;
egress to the site;
(15) Points of ingress and
appropriate;
(16) Location of turn lanes, if
(17) Methods to insure public
safety during and after the work to be performed.
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Excavation and Fill Regulations 3
b. Permits. Permits from other
local governments, if appropriate.
c. Survey. A signed and sealed
survey not more than six (6) months out-of-date to
include, but not be limited to, topography.
d. Surety. Suitable surety posted
to insure strict compliance with the objectives of this
chapter. See Chapter 7.
2. Reviews.
a. Commission review.
(1) When required. The
applicant must secure approval of the City
Commission for all work which includes the moving
of more than 1,000 cubic yards of materials beyond
the project property lines. Exception: work associated
with plat approval does not require second
Commission approval; however, a permit shall still be
secured through the city engineer for the movement of
stated materials.
(2) Review procedure. The
City Commission in their deliberations shall relate the
issuance of a permit to the objectives of this chapter.
The application must be denied if they find issuance
would be inconsistent with the purposes of this
chapter.
3. Permit issuance. An excavating, filling
and/or dredging permit or permit to construct within
the public right-of-way shall be issued by the city
engineer prior to any work being performed. If the
excavating, filling and/or dredging is a part of a land
development permit application, the permit shall be
issued by the city engineer prior to any and all work
being performed.
B. Permit fees. Fees for excavating, filling
and/or dredging and for permits to construct within the
public rights-of-way will be as established by the City
Commission by resolution(s) from time to time, and
unless otherwise identified by separate resolution, the
fees for excavating, filling and/or dredging as set forth
under a land development permit application will be
used.
C. Waivers. The issuance of a permit to
excavate materials does not waive zoning or other
applicable city regulations.
D. Exemptions. Single-family and duplex
residential lots are hereby exempt from securing a
separate permit pursuant to this Article.
(Ord. No. 96-58, 8 4, 1-21-97; Ord. No. 02-033, 88 3,
4, 8-20-02; Ord. No. 03-018, 88 1-3, 6-3-03)
ARTICLE IV. CONSTRUCTION
A. Creation of water bodies. In instances
involving the creation of water bodies as a result of
excavating materials, work shall comply with the
requirements of the water management district except
the city may impose more stringent requirements
when judged to be in the public interest. Those
requirements include, but are not limited to, the
planting of fifty (50) per cent of the lake perimeter
with approved littoral and upland plantings.
All water bodies such as lakes, canals, and
other stormwater detention areas used for stormwater
management shall be placed in water management
tracts shown on recordable documents, and dedicated
to the entity responsible for their maintenance. All
water management tracts shall be constructed in
accordance with city standards.
The ownership and maintenance
responsibility for drainage facilities, including lakes,
shall be clearly stated in documents recorded in the
county clerk's records. Official copies of the recorded
documents will be given to the city prior to issuance
of a certificate of completion.
B. Inspections and reports.
1. Inspections by city. In connection with
the administration of this chapter, inspections shall be
requested by the developer as prescribed by the
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city engineer if the construction is part of a land
development permit, or by the city engineer or his
designee if the construction is for excavation, filling
and/or dredging or for work within the public right-of-
way, and will become a part of the final record of the
project for which the permit is applicable.
2. Required reports. A certified report
shall be submitted each month by the applicant's
Florida registered engineer.
Each report shall certify that the work is
(or is not) conforming with the requirements of the
permit. If the work is not in conformance, then the
report must list each item of work not consistent with
the stipulations of the permit and the remedial action
that the engineer has taken concerning each item.
C. Stoppage of work. Failure to comply with
the plans of record shall result in an order to stop work
from either the director of development or the city
engineer or their designee.
D. Violations. In addition to the remedy
afforded in Article IV. C, the city may enforce the
provisions of this chapter as follows:
1. Violation of the provisions of this
chapter shall be a misdemeanor of the second degree
punishable by up to sixty (60) days in jail and/or a five
hundred dollar ($500.00) fine and the city may
prosecute violation of this chapter as such.
2. The city may seek a mandatory
injunction with the circuit court of the Fifteenth
Judicial Circuit in and for Palm Beach County to
enjoin violations of this chapter. Upon any violation
of this chapter, the court shall have the power to
enjoin said nuisance by injunction and may require
that the land upon which the violation has been
committed be returned to its condition prior to the
illegal excavation or as close thereto as reasonably
possible. Further, any party creating the nuisance
pursuant to this chapter shall be responsible for all
city's costs including attorney's fees for bringing the
injunction action pursuant to this section.
E. Mitigation. If building construction on the
site is to be delayed more than thirty days after the
site is cleared or partially cleared, all disturbed
portions of the site shall be seeded and mulched as
described in Chapter 7.5, Article I, Section 19.C. The
intention of this paragraph is to provide adequate
ground cover to all portions of a disturbed site until
permanent ground cover is installed.
F. Discovery of archeological artifacts.
Construction must immediately cease upon discovery
of archeological artifacts, and certified notification
must be forwarded within 24 hours to the Division of
Archives, History and Records Management, Florida
Department of State. Artifacts must be protected by
the developer to the satisfaction of the division prior
to recommencement of construction in the immediate
area of the discovery.
(Ord. No. 96-58, § 5, 1-21-97; Ord. No. 02-033, § 4,
8-20-02; Ord. No. 03-018, §§ 1-3, 6-3-03)
ARTICLE V. NUISANCE ABATEMENT
The applicant shall control blowing sand, dust
and other airborne particulate matter during clearing,
grubbing, excavation and filling and until such time
as permanent ground cover is installed. All
Melaleuca, Brazilian Pepper and Australian Pine
which occurs on the site shall be removed.
ARTICLE VI. RESTORATION SURETY
Applicant must submit surety as outlined in
Chapter 7 in the amount of one hundred ten (110) per
cent of the engineer's certified cost for restoring the
site to its original condition including, but not limited
to, repair of access/haul routes; seed; sod; trees and
utilities.
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