O96-58ORDINANCE NO. O96-,~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
CHAPTER 8, OF THE LAND DEVELOPMENT
REGULATIONS, "EXCAVATION AND FILL
REGULATIONS" IS HEREBY AMENDED BY
AMENDING ARTICLE I. "IN GENERAL., SECTION 2
AND SECTION 4"; BY AMENDING ARTICLE II.
"CLASSIFICATIONS"; BY AMENDING ARTICLE III.
"PERMITTING" AND BY AMENDING ARTICLE IV.
"CONSTRUCTION"; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, it has come to the attention of the City Commission of the City
of Boynton Beach that some clarification is required regarding certain Sections and
Articles in the recently adopted Land Development Regulations; and
WHEREAS, upon recommendation of staff, the City Commission of the City
of Boynton Beach has deemed it to be in the best interests of the citizens and
residents of the City of Boynton Beach to amend these Land Development
Regulations;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Chapter 8, Article I, In General., Section 2. "Purpose and
intent." is hereby amended by adding the words and figures in underlined type, and
by deleting the words and figures in struck-through type, as follows:
ARTICLE I. IN GENERAL
Section 2. Purpose and intent.
The purpose of this chapter is to provide a set of regulations which govern the
LDR.Chpt8
Rev. - 10/29/96
excavatieang, filling and/or dred~ng of materials within the City of Boynton Beach. It is
intended that these regulations provide a minimum set of standards to be followed when
excavatie~ng, 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 er~ 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, para_~aph N9, It is intended that requirements
contained in Chapter 8 apply to all excavatinE, 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.
Section2. Chapter 8, Article I, In General., Section 4. "Objectives." is
hereby amended by adding the words and figures in underlined type, and by
deleting the words and figures in struck-through type, as follows:
~' ................................................. v ,,.~ pro _ for the
orderly excavation of land consistent with the public health, safety and
welfare.
To prohibit land clearing practices that destroy native Florida ecosystem~ in
whole or in part.
Section 3. Chapter 8, Article II, Classifications. is hereby amended by
adding the words and figures in underlined type, and by deleting the words and
figures in struck-through type, as follows:
ARTICLE II. CLASSIFICATIONS
Classification of activities.
For the purpose of this chapter, excavatioang, filling and dredging activities are further
r~ ~.~.~..:~ as follows:
classified intc fcur ~ .~ .... ~ .....
Ao
Category 1-.~,,...,,.,,T ;-:,^a ,,,~" o,,~:* ........ ,,..,,,,,,,-,,,,;*;"~' Activity involving the excavation of
and filling of materials not tc exceed more than two (2) feet ii~d~Rq-rela6,~
to below existing grade with no eneavated materials moved beyond the
project property lines.
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Rev. - 10/29/96 2
Category 9_ · ;~:.~ ~ ~:. ........ ~:~ .
~ - ....................... n. Activity involving the excavation
and/or filling of materials not ~ more than two (2) feet ~
~-4afve~ below existing grade with excavated materials moved beyond the
project property lines.
Category 3- *:--~-~: ......: ......... ,: ·
......................... on. Activity involving the excavation
and filling of materials exeeedi~ more than two (2) feet :- ~*~- -~-+:-,~
the below existing grade or excavation below the water table with no
~ materials moved beyond the project property lines.
Category 4. c--*~-~: .... ~ -:* ........ ~: ·
......................... on. Activity involving the excavation
of materials ~ more than two (2) feet :.n '~- -~*:-.~
,,,,}, ........... to below
existing grade or excavation beyond the water table with ex-eavated materials
being moved beyond the project property lines.
Category 5--Activity involving less than one hundred cubic yards of dredged
material with no materials moved beyond the project property lines.
Category 6--Activity involving either one hundred cubic yards of dredged
material or movement of any quantity or dredged material beyond project
property lines.
Section 4. Chapter 8, Article III, Permitting. is hereby amended by adding
the words and figures in underlined type, and by deleting the words and figures in
struck-through type, as follows:
ARTICLE Ill, PERMITTING
Permit application and review. ~*- -" :,,~: .... ; .... ~,a ....... ~, a,,,~..:~.~a ·
.t,;..,,,~ ,,---~,"~' ..... ..,., *~'^-,,. Landowner_ or his agent shall secure a permit for work
described in this chapter from the director of development as follows:
1. Submissions.
Reclamation Plan ~'*' .......... ~-: ..... , .1.,.11 sSubmit
reclamation plan signed and sealed ~ by an Florida
registered engineer -~--:-*~-~ ;- *~-~ e,,,~ ~,,-m~,;~, which
includes at a minimum the following:
2. Reviews.
a. Commission review.
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Rev. - 10/29/9~
3
(1)
When required. The applicant must secure approval of
the City Commission for all work which includes the
moving of more than 1000 cubic yards of materials
beyond the project property lines.
Exception: work associated with plat approval does
not require second Commission approval:
Permit issuance. An excavatiolm_& and fi!! filling and/or dredging
permit or a land development permit must be issued by the director of
development prior to any work being performed.
Permit fees. Fees for excavatioma_g~ and m
,..1 filling and/or dred~ng will be as
established by the City Commission fi.om time to time, based cn thc, value of
~1~ .~,,-.*-1 .... .,,~.I-14::;~A 1,.. +i.~ ~ 1' +~ I71 '~ ' · -- ·
,-r~' ............... ~ ....... enF:,:necr~ and will be
.t_he same as fees for excavating, filling and/or dredging under a land
development permit.
Waivers. The issuance of a permit to excavate materials does not prec4ude-~
...... ;* ...... *' .... a*~' *~'-- waive zoning or other applicable city
regulations --,~ *~,-' -~,+ ~ ..... :~-~ .... :,,~ +~ .... r
Section 5. Chapter 8, Article IV, Construction. is hereby amended by
adding the words and figures in underlined type, as follows:
Discovery of archeological arti~cts. Construction must immedia, tely ceas,:
upon discovery of archeological artifacts, and certified notification must b~',
forwarded within 24 hours to the Division of Archives, History_ and Record.,
Management, Florida Department of State. Artifacts must be protected by thc,
developer to the satisfaction of the division prior to recommenceme~at
.construction in the immediate area of the discovery_.
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Rev. - 10/29/96 4
Section 6. That each and every other provision of the Land Development
Regulations not hereinbefore specifically amended shall remain in full force and
effect as previously enacted.
Section 7. All laws and ordinances applying to the City of Boynton Beach
in conflict with any provisions of this ordinance are hereby repealed.
Section 8. Should any section or provision of this Ordinance or any
portion thereof be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the remainder of this Ordinance.
Section 9. Authority is hereby given to codify this Ordinance.
Section 10 This Ordinance shall become effective immediately.
FIRST READING this. /~ day of November, 1996.
SECOND, FINAL READING AND PASSAGE this o¢'/ day of January, 1997.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
Cit~Clerk
Commissioner
Commissioner
C,~si°ner
5