O90-01ORDINANCE NO. 90-/
AN'~ORDINANCE ~OF .THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, -FLORIDA~
AMENDING CHAPTER 7.5 ENVIRONMENTAL
REGULATION BY AMENDING SECTIONS 7.5-59
AND 7.5-61 TO PROVIDE FOR SUBDIVISION
APPROVAL TO FALL WITHIN THE APPLICATION
OF SAID ARTICLE; PROVIDING THAT EACH AND
EVERY OTHER PROVISION OF CHAPTER 7.5
ENVIRONMENTAL REGULATION NOT
SPECIFICALLY HEREIN AMENDED SHALL REMAIN
IN FULL FORCE AND EFEFCT AS PREVIOUSLY
ENACTED; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE AND
FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That Chapter 7.5
Environmental
Regulation. Section 7.5-59. Permitting Requirements -
Environmental Protection. is hereby amended by adding the
words and figures in underlined type as follow:
S~c. 7.5-59. Permitting Requirements -
Environmental Protection
The ~purpose of this section is to
preserve and protect the values and
functions of environmentally sensitive
lands from alterations that would result
in the loss of these lands or
significant degradation of their values
and functions. An environmental impact
statement shall be submitted with all
applications for site plan or
subdivision approval and such statement
shall address and identify any and all
endangered, threatened and rare species
and species of special concern as
defined in Sec. 7.5-60(c) hereinbelow as
well as areas of concern set forth in
the Palm Beach County Wellfield
Protection Ordinance. If none exist,
the applicant must so state and provide
support documentation to the Planning
Department.
Section 2. That Chapter 7.5 Environmental
Regulation. Section 7.5-61. Review Procedures for Proposed
Land Alterations. is hereby amended by adding the words and
figures in underlined type as follow:
Sec. 7.5-61. Review Procedures
Proposed Land Alterations.
for
Ail applications for site plan or
subdivision approval where proposed
alterations of environmentally sensitive
lands occur shall be reviewed by the
Technical_ Review ~ Board~- ~(TRB)_ for
evaluation. 'The evaluation by the TRB
of any proposed alteration of lands
found to be environmentally sensitive
shall be based on an environmental study
completed by the property owner or his
or her designee. This study shall
include, but not be limited to, the
following information:
(a) Site Conditions
(1)
Site location map - with the
specific property clearly
indicated.
(2)
Aerial photograph - with the
specific property clearly
indicated (scale: 1" - 600' or
less).
(3)
Detailed map of existing
terrestrial and aquatic
vegetation, including exotic
species with jurisdictional
limits of wetland jurisdiction
of the U.S. Army Corps of
Engineers and the Florida
Department of Environmental
Regulation.
(4) Soil types and conditions.
(5)
List of endangered, threatened
and rare species and species
of special concern found on
site.
(6)
Colonial bird nesting or
roosting areas or areas in
which migratory species are
known to concentrate.
(7)
Archaeologically
historically
features.
significant
(8)
Geologically
features.
significant
(9)
Areas of previous disturbance
or degradation, including
present and past human uses of
site.
(10) Surrounding land uses.
(b) Project Designs
(1) Conceptual footprint of site
development, including buildings,
roadways, parking areas, utilities,
water features, flood control
structures, stormwater systems,
wellfield locations, landscaped
areas, buffer areas, preserve
areas, and other open space areas,
as an oyerlay to vegetation mapping
detaile~ in Section 7.5-61(a)(3)
above.
(2) Exlisting zoning.
(3) Status
approvals,
applications.
of development
including permit
(c)
Project Operation
(1) Description of proposed
operations to be performed on site
including use, storage, handling or
productions of substances known to
be harmful to humans, plants,
and/or animals.
(2) Identification of any
pollutants expected to be emitted
during project operation.
(3) Identification of timing and
source of noise and/or vibration
impacts on resident and adjacent
human and animal life.
(d) Project Alternatives
(1) Discussion of project
alternatives should be provided,
including options considered and
rejected and the rationale for
rejection of each option
considered.
(2) Mitigation considerations
should be discussed in detail as
they relate to possible loss of
habitat! or impact on endangered,
threatened or rare animal and Plant
species~ or species of special
concern~
Section 3. Each and every Other section and
provision of Chapter 7.5. Environmental Regulations not
specifically amended herein shall remain in full force and
effect as previously enacted.
Section 4. That all ordinances or parts of ordinances
in conflict herewith b~ and the same are hereby repealed.
Section 5. Should any section or provision of this
ordinance or portion hereof, any paragraph, sentence, or
word be declared by a ~ourt of competent jurisdiction to be
invalid, such decision! shall not affect the remainder of
this ordinance.
Section 6. Authority is hereby granted to codify said
ordinance.
Section 7. This ordinance shall become effective
immediately.upon passage.
FIRST READING this ~ day of
1990.
FINAL READING and PASSAGE this
, 1990.
ORIDA
/Mayor
Vice Mayor
Commissioner
C on%m l%~s ione r
ATTEST:
Ci%y C~rk-
(Corporate Seal)