O81-37ORDINANCE NO.
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AM~]NDING THE CITY
CODE OF THE CITY OF BOYNTON BEACH,
1981 CODIFICATION, BY REPEALING
CHAPTER 8"EXCAVATIONS" AND ENACTING
A NEW CHAPTER 8 ENTITLED "EXCAVATION
AND FILL REGULATIONS". SAID CHAPTER
SHALL PROVIDE FOR TITLE: PURPOSES
AND INTENT; SCOPE; OBJECTIVES:
DEFINITIONS OF TE~{S; CLASSIFICATION
OF EXCAVATION PROJECTS; REQUIRING
PE~{%TS; PROVIDING FOR MATERIAL
REQUiIRED IN APPLICATION FOR PERMITS;
PROVIDING FOR CITY COUNCIL REVIEW;
PROVIDING FOR JUDICIAL REVIEW; PRO-
VIDING FOR PERMIT FEES; PROVIDING
FOR PROCESS FOR CREATION OF WATER
BODIES BY EXCAVATION; PROVIDING
FOR INSPECTION; PiROVIDING FOR
STOPPAGE OF WORK; PROVIDING FOR
CITY'S REMEDIES FOR VIOLATION OF
THIS CHAPTER; PROVIDING FOR REPORTS;
PROVIDING FOR A REPEALER CLAUSE;
PROVIDING FOR A SAVINGS CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE AND
FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 8 of the Codified Ordinances of
the City of Boynton Beach, Florida, 1981 Codification, "Excavations
is hereby repealed.
Section 2. That the' Codified ordinances of the City of
Boynton Beach, Florida, 1981 Codification, are hereby amended by
the enactment of Chapter 8 "Excavation and Fill Regulations" which
shall read as follows:
Sec. 8-1. Short Title.
This Ordinance may be r~ferred to as the Boynton Beach
Excavation and Fill Regulations.
Sec. 8-2. Purpose and Intent.
The purpose of this Ordinance is to provide a set of
regulations which govern the excavation of materials within the
City of Boynton Beach. It is intended that these regulations pro-
vide a minimum set of standards to be followed when excavation of
materials is proposed within the City of Boynton Beach in order to
protect the health, safety and welfare of current and future
Iiresidents. The issuance of a permit by the City pursuant to this
chapter shall not relieve any party from obtaining the necessary
excavation and fill permits from state, federal or local govern-
mental agency which has jurisdiction over the proposed fill or
excavation.
Sec. 8-3. ~.
These regulations shall be applicable to all lands within
the corporate limits of the City of Boynton Beach.
Sec. 8-4. Objectives. The objectives of these regula-
tions 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 resi-
dents 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 permit the land owner to benefit from his
ownership by providing for the orderly
excavation of land consistent with the
public health, safety and welfare.
Sec. 8-5. Definitions of Terms. For the purpose
of this Chapter, the following definitions shall apply:
A. Building official: The administrative head of the
Building Department.
B. City Engineer: The City Engineer of the City of
Boynton Beach'is appointment by the City
Manager.
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Department: The Building Department of the
City of Boynton Beach.
Excavation:~ The removal of materials from
either above or below the Water table and/or
the grading, mixing or spreading of materials.
Construction excavation for structural
foundations and underground poOls are hereby
excluded from the permitting requirements
of this chapter.
Filling. Placing material removed from
another area on site or hauled in from
off-site.
Material: Sand, clay, rock, muck, gravel,
loam or like materials existing or hauled
to the site.
Mining: Removal of materials from a site
in quantities exceeding what is physically
necessary to develop the site. Mining
is not to be construed to be permitted by
these regulations.
Project Property Lines: The site upon
which the dredge and fill activity is to
take place.
Reclamation: Reworking the land so that
the new configuration lends itself to
the planned use.
Surety: A surety or performance bond
obtained from a company having a Best's
rating of AAA, guaranteeing that work
required as a result of this ordinance
will be completed consistent with
approved plans within the prescribed
amount of time as determined by the
City Engineer and City Council where
appropriate.
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Sec. 8-6. EXcavation of Materials. For the purpose of
this Chapter, excavation activities are further classified into
four categories as follows:
A. Category i
1. Limitedon-site eXcawati'on -
Activity involving the excavation of
materials not to exceed two (2) feet
in depth relmtive to existing grade
with no excavatedmaterials moved
beyond the project property lines.
B. Category 2
1. Limited of~f'-~Site exc'avation -
Activity involving the excavation of
materials not to exceed two (2) feet
in depth relative to existing grade
with excavated materials moved beyond
the project property lines.
C. Category 3
1. EXt'e~siV~eon-~site excavation -
Activity involving the excavation of
materials exceeding two (2) feet in
depth relative to the existing grade
or excavation below the water table
with no excavated materials moved
beyond the project property lines.
D. Category 4
1. Extensive off-site excavation -
Activity involving the excavation of
materials exceeding two (2) feet in
depth relative to existing grade or
excavation beyond the water table with
excavated materials being moved
beyond the project property lines.
Sec. 8-7. P'ermi't ReqUired.
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Subdivision platting not required or
currently contemplated: In all instances
involving work as described in paragraphs A
through D inclusive of Section 8-6,
where subdivision platting is not required
or currently contemplated, the land owner
or his authorized agent shall after approval
of plans by the City Engineer secure a
permit from the Building Official as
follows:
1. The owner or his authorized agent
shall submit a plan for the
reclamation of the land that is to
be the subject of excavation activities
on a form prescribed by the City
Engineer. The plan for reclamation
shall be prepared by an engineer
registered in the State of Florida and
said plan shall include at a minimum
the following:
a. Materials depicting existing grade
and vegetation~
b. A phasing plan where applicable,
c. Soil borings indicating the depth
of the various materials to be dredged
or excavated,
d. A map, indicating the location of the
soil borings,
e. Finished cross sections with finished
land elevations shown,
f. A description of the method(s) involved
in the excavation,
g. A listing of the person or persons
responsible for the work proposed,
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h. Tabulation of the amount of material
to be moved,
i. Plans for the abatement of nuisances
such as the blowing of dust and sand,
j. Plans depicting the steps to be taken
to protect the water resources if
applicable,
k. The height and location of proposed
stockpiles,
1. The duration of stockpiling,
m. The duration of the work,
n. Traffic plans to include the treat-
ment of internal roads, private or
public street crossings,
o. Points of ingress and egress to the
site,
Location of turn lanes if appropriate,
Permits from other local governments if
appropriate,
r. A signed and sealed survey not more than
six (6) months out of date for the site
to include topography,
s. Methods to insure public safety during
and after the work 'to be performed, and
t. Suitable surety posted to insure
strict compliance with the objectives
of this ordinance.
In addition to submitting plans and application
to the City E~gineer, the applicant must
secure an approval from the City CounCil
in the following instances:
a. Work involving excavation, which exceeds
two (2) feet in depth,
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b. Work resulting in exposing the water
table, and
c. Work which anticipates the moving of
materials beyond the project property
lines.
3. The City Council in their deliberations shall
relate the issuance of a permit to the
objectives of this chapter or deny the
application for permit if they find the
issuance of such would be inconsistent
with the purposes of this Chapter and
state their reasons for said denial.
Subdivision platting involving excavation: In
instances where activities as noted in Categories
a through d .of Section 8-7A(2) of this Chapter
are contemplated in conjunction with and follow-
ing the approval of a subdivision plat by the
City Council, the issuance of a Land Development
Permit by the City Engineer will be required prior
to any work being performed.
The plans to be submitted for review by the City
Engineer shall be prepared by an engineer registered
in the State of Florida and said plans shall contain
all the technical items listed in Section 8-7
(A)(1) above at a minimum. The plans shall be
submitted at the time of the submission of the
preliminary plat; however, the surety may be
estimated at the time of preliminary plat pro-
cessing and included in the bond which
accompanied the final plat submission.
In addition to the land development permit, an
excavation permit shall be obtained from the
Building Official; in accordance with this
Chapter; however, no additional permit fee
will be required.
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Sec. 8-8. Review of Staff's Decisions..
Where the City Staff has disapproved an
excavation-permit the applicant may
request a hearing before the City
Council within thirty (30) days of
the disapproval of the permit by the
City Engineer.
Sec. 8-9. J~di~cial Re~iew.
A party aggrieved by a decision of the City
Council pursuant to this Chapter may seek judicial review by filing
a Petition for Writ of Certiorari with the Circuit Court of the
Fifteenth Judicial Circuit of Florida, in and for Palm Beach
County, within thirty (30) days of the issuance of an Order by the
City Council pursuant to this Chapter.
Sec. 8-10. Permit F'ees.
A. No 'Sub'di~iSion Plat - When a permit is required
to be issued by the Building Official to
excavate materials, a fee will be assessed to
offset the cost to review plans and perform
insp~ections consistent with the reclamation
of the site 'based on the following formula:
permit fee will be based on the number of cubic
yards of fill excavated or added to the site,
along with a price for the cost per cubic yard,
verified by the contractor to the Building
Official to be an accurate cost of such
fill at the time of permit. The dollar ($) value
per yard~ of such fill multiplied by the total
number of yards to be excavated, shall determine
a cost valuation to be used for the cost of
permit based on the oermit fee schedule used by
the Building Department~ City of Boynton Beach.
B. With 'Subdivision Plat - In instances involving the
issuance of a land development permit by the City
Engineer, the fees will be as noted in the
subdivision regulations.
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Sec. 8-11. CreatiOn of' Water Bodies.
In instances involving the creation of water
bodies asJa result of excavating materials,
the following minimum standards for slopes,
maintenance berms, drainage easements and
ownership are to be provided for. 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.
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 approval of final plats.
Sec. 8-12. In~s~ections.
In connection with the administration of this
Ordinance, inspections shall be requested by
the ~developer as prescribed by the Building
Official and City Engineer. Said inspections
will become a part of the final record.
Sec. 8-13, ~f Work,
Failure to comply with the plans of record shall
reSult in an order to stop work from the
Building Official based on a request by
the City Engineer. '
Sec. 8-14. ~s Re~e~d~ies ~fo~r' V'i'ola~ti~on-Of this Chapte~..
In addition to the remedy afforded in Section
8~12, the City may enforce the provisions of this Chapter as
follows:
A. Violation of the provisions of this Chapter shall
be a misdemeanor of the second degree punishable by up to sixty
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(60) days in jail and/or a Five Hundred Dollar ($500.00) fine and
the City may prosecute violation of this Chapter as such.
B. 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 injunctive action
pursuant to this Section.
Sec. 8-15. ~Reports.
A certified report shall be submitted
each month to the City Engineer from the
Design Engineer. The Design Engineer must be
a~registered engineer in the State of
Florida.
Said report shall state that the work is
(.or is not) conforming with 'the require-
ments of the excavation permit, If the
work is not proceeding with all require-
ments then the report must list each item
of work not consistent with the stipulations
of the permit and the remedial action that
the Design Engineer has taken concerning each
item.
Sec. 8-1.~ Ef~'ec'ti~e Is's~ance o'f Permit.
The issuance of a permit to excavate materials does not
preclude the necessity to conform with the zoning or other
applicable City regulations and shall not be considered a waiver
thereof.
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Section 3. That all ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 4. That should any section or provision of this
Ordinance or any portion hereof be declared by a Court of competent
jurisdiction to be invalid, such decision shall not affect the
remainder of this Ordinance.
Section 5. That this Ordinance shall be effective
immediately upon its passage.
Section 6. That authority is hereby granted to-codify
this Ordinance.
FIRST READING this _/~ day of _~ , 1981
SECOND
READING
and FINAL PASSAGE this _~day of
CITY OF BOYMTON BEACH, FLORIDA
ATTEST:
By
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