boyn08 Chapter 8
EXCAVATION AND FILL REGULATION
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)
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 result 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.
1
1997 S-5
2 Boynton Beach Code
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;
(2) A phasing plan, where applicable;
(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;
(12) The duration of stockpiling;
(13) The duration of the work;
(14) Traffic plans to include the treatment of internal roads, private or public street crossings;
(15) Points of ingress and egress to the site;
(16) Location of turn lanes, if appropriate;
(17) Methods to insure public safety during and after the work to be performed.
2002 S-18
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, § 4, 1-21-97; Ord. No. 02-033, §§ 3, 4, 8-20-02; Ord. No. 03-018, §§ 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
2003 S-20
4 Boynton Beach Code
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.
2003 S-20