O96-30ORDINANCE NO. O96-~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 7.~5, ENVIRONMENTAL REGULATION, OF THE
CITY OF BOYNTON BEACH LAND DEVELOPMENT
REGULATIONS TO PROVIDE FOR OPEN SPACE
PRESERVATION OF NATURAL RESOURCE SITES;
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
~R~AS, policy 1.11.14 of the City's Comprehensive Plan
requires preservation of twenty-five (25%) percent of all "A", "B"
and "C" rated sites of ten (10) acres or more, as designated in
the Conservation Element Support documents as a condition of
approval of development orders and permits; and
W~EREAS, the City Commission fully supports the concepts of
the foregoing policy and wishes to insure compliance with the
provisions of this policy; and
W~EREAS, continued implementation of the policy serves the
best interest of the public by protecting preserve areas within
the City; and
W~EREAS, the City Commission finds that the protection and
maintenance of preserve areas is of benefit to the entire
community and to the environmental integrity of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Chapter 7.5 of the City of Boynton Beach Land
Development Regulations is hereby amended to provide a new sub-
section 6 as follows:
Section 6. Preservation of Natural Resource Sites.
At
Prior to the development 'of any land which has been
designated as either an "A", "B" or "C" rated site in
the conservation element of the City's Comprehensive
Plan, the proposed developer shall submit a detailed
flora and fauna survey to the City. Review shall be as
provided in Section 3, 4 and 5 above.
Bt
If the property proposed for development is greater than
ten~(10) acres in size and has been designated as an "A"
rated site, the developer shall be required to preserve
a minimum of twenty-five (25%) percent of all native
plant communities on the site. Habitat shall be
preserved with intact canopy, under story and ground
cover.
Ce
If the property proposed for development is greater than
ten (10) acres is size and has been designated as a "B"
or "C" rated site, the developer shall be required to
preserve a minimum of twenty-five (25%) of all native
plant communities on the site. The preserve areas may
be separated into micro preserves. Habitat shall be
preserved with intact canopy, under story and ground
cover.
The specific location of the preservation area shall be
determined following site survey and shall be identified
in the site development order or permit. In determining
the most appropriate location for the preserve area
within the site, the City shall consider, in addition to
other factors, the proximity of the preserve area to
de~eloped and undeveloped property surrounding the site,
the ability to maintain the preserve area based upon
surrounding development, and the recommendations of the
City's professional staff and outside consultants.
Eo
Natural resource sites identified in table 2 of the
COnservation Element of the City's Comprehensive Plan
and which exceed ten (10) acres in size shall be subject
to the twenty-five (25%) percent preserve area set aside
notwithstanding subdivision into smaller parcels. In
the event of subdivision or partial development, the
first parcel seeking development shall be required to
satisfy the twenty-five (25%) percent reserve area set
aside.
Section 2. Ail ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 3. Should any section or provision of this
ordinance or portion hereof, any paragraph, sentence or word be
declared by'a-court of competent jurisdiction to be invalid, such
decision shall not affect the remainder of this ordinance.
Section 4.
ordinance.
~Authority is hereby granted to codify said
Section 5. This
immediately upon passage.
ordinance shall become effective
FIRST READING this 7 day of
1996.
SECONDt FINAL READING AND
, 1996.
ATTEST:
PASSAGE this ~ day of
CITY OF BOYNTON BEACH, FLORIDA
~ayo~ t, ~ f
Commissioner~
JAC/tmh
900182
ORD
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