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90-NNNNNNRESOLUTZON A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, TRANSMITTING THE RESPONSE OF THE CITY OF BOYNTON BEACH, FLORIDA TO FINDINGS MADE BY THE PALM BEACH COUNTYWIDE PLANNING COUNCIL AS TO POTENTIAL JURISDICTIONAL INCOMPATIBILITIES OF THE CITY OF BOYNTON BEACH'S ADOPTED COMPREHENSIVE PLAN. WHEREAS, pursuant to Section 7.8 of the Palm Beach :ounty Charter, the Palm Beach Countywide Planning Council has advised the City of Boynton Beach of its findings in regard to the potential interjurisdictional incompatibilities of the City of Boynton Beach's Comprehensive Plan; and WHEREAS, the City of Boynton Beach has reviewed the findings of the Countywide Planning Council; and WHEREAS, Section 7.8 of the County Charter provides that affected local governments shall be given an opportunity to respond in writing to the Planning Council regarding the incompatibilities, which the Planning Council shall then consider and evaluate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City of Boynton Beach hereby transmits to the Palm Beach Countywide Planning Council the following responses in regard to the Planning Council's finding of potential interjurisdictional incompatibilities. SEE ATTACHED EXHIBIT "A" Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this /~ /day of September, 1990. Commissioner /Comml%~ sione~ ~TTEST: Ci~,'Cierk (Corporate Seal) REMEDIAL ACTIONS NECESSARY TO BRING THE CiTY OF BOYNTON BEACH COMPREHENSIVE~PLAN INTO COMPLIANCE WITH THE REQUIREMENTS OF CHAPTER 163, PART II, FLORIDA STATUTES, CHAPTER 9J-5, FLORIDk ADMINISTRATIVE CODE, THE STATE COMPREHENSIVE PLAN, AND THE TREASURE COAST REGIONAL POLICY PLAN. I. The following Comprehensive Plan goals, objectives, and policies shall be amended or added, by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type as follows: A. Traffic Circulation Element Objective 2.1 Policy 2.1.6 Subsequent to plan adoption the City shall provide a Transportation network based on the following minimum level of service standards: Level of Service "C" or better under daily and peak hour conditions on all unspecified City and collector highway facilities. Level of Service "C" for average daily and LOS "D" for daily peak season and year-round peak hour conditions on all non-specified arterial facilities. Level of Service "D" for yearound daily and peak hour conditions on Seacrest Boulevard south of SE 23rd Avenue, US 1 between BoynEon Beach Boulevard and Woolbright Road, 1-95 through the City, Boynton Beach Boulevard from Old Boynton Road to 1-95, NW 22nd Avenue between Congress Avenue and 1-95, Congress Avenue between Boynton Beach Boulevard and NW 22nd Avenue and Boynton Beack Boulevard east of 1-95. Level of Service "Maintain" for a~½ ..... 1-95 from Boynton Beach Boulevard to Woolbriqht Road, Boy,ton Beach Boulevard from Old Boynton Road to 1-95, Conqress Avenue from Boynton Beach Boulevard to the south City limits and H¥Doluxo Road east of 1-95.haYe-bee~-e~eee~e~= Subseguent to the adoption of the County-wide Traffic Performance Standards Ordinance, recuiro conformance to the Level of Service Standards set Objective 2.11 Policy 2.11.1 Poticv 2.11.2 Policy 2.11.3 Policy 2.11.4 ~orth ~n that ordinance, excepn where reasonablo exceDtio2s have been approved in accordance with that ordinance and do non exceed the Level of Service Standards set forth in Objective 2.1. Subsequent to Plan adoption, assist CoTran iM providing efficient, mass transit services based on existing and future trip Generators and attractors and also provide local mass transit road and terminal areas which are safe for transit users. Support the transin shelter and terminal development programs of CoTran, the proposed High Speed Rail Project and of the Trl-County Commuter Rail Authorit . Subsequent to Plan adootion, modify land development regulations to encourage the provision of transit related shelters in major land development projects. The Planning Department will establish procedures subsequent to Plan adoption that notify the CoTran of new. developmenns in the city that are trip Generators and attractors. The City will assist CoTran in route selecnlon and publicity by revzewing and commenting on proposed roune revisions and providinq space at City offices for CoTran schedule information. C. Sanitary Sewer Sub-Element Policy 3A.1.3 Development with individual septic tanks-w~}} shall only be permitted for densities of 1 dwelling unit per acre or less. Policy 3A.1.4 The City will participate in and supporn tho State's policy to eliminate the discharce of inadeGuately treated was~ewater and stormwate~ runoff into the waters of the state. ob]ective 3A.5 ~e~eYe~opme~-w~-Be-e~o~ge~-~n-a~eas Prevention of Urban Sprawl. The City will prevent urban sprawl by requiring orderly, compact development of the sanitary sewer service area. D. Drainage Sub-Element ~" OF BoYNTCN DEACli LAND DEVELOPI{E~IT :~EGU~-~-~,I Work Product ~7 NATURAL RESOURCES CONSERVATION Draft ~2 May 25, 1990 June 3, 1990- Draft ~3 June 27, 1990 AND PRES~R f~T~OJ ORDINANCE NO. 90 AN ORDINANCE OF THE CITY COM/~ISSION OF THE ciTY OF BOYNTON BEACH, FLORIDA, AMENDING cHAPTER 7.5, ENVIRONMENTALLY ' SENSITIVE LANDS, BY DELETING THE EXISTING REGULATIONS THERETO AND SUBSTITUTING A NEW ARTICLE IV, ENVIRONMENTALLY SENSITIVE LANDS REGULATIONS, PROVIDING FOR APPLICABILITY, INTENT AND.. PURPOSE, PROVIDING FOR INCORPORATING THE CITY OF BOYNTON BEACH'S CONSERVATION ELEMENT BY REFERENCE; PROVIDING FOR COMPLIANCE THERETO WHEN SUBDIVIDING OR SITE PLANNING; PROVIDING FOR DEFINITIONS; PROVIDING FOR WETLANDS AND SHORELINE pRESERVATION AND DEVELOPMENT ZONE RESTRICTIONS; PROVIDING FOR SURFACE WATER QUALITY PROTECTION; PROVIDING FOR STORP~;ATER ~ANAGEMENT; PROVIDING FOR PROTECTING THE NATURAL HABITAT OF ENDANGERED OR THREATENED SPECIES; PROVIDING FOR AIR QUALITY PROTECTION; PROVIDING FOR ADMINISTRATIVE PERMITTING REVI~ 'AND APPEALS REQUIREMENTS; PROVIDING THAT EACH AND EVERY OTHER TERM AN~ PROVISION OF CHAPTER 7.5 ENVIRONMENTAL REGULATIONS SHALL REMAIN IN FULL FORCE ~ND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES WHEREAS, Chapter t63.3177(6) (d)(1-5), Florida Statutes requires that all local governments create standards..for Natural Resource Conservation and Preservation; and WHEREAS, the city of Boynton Beach Comprehensive Plan November 7, 1989 contains Goals, Objectives and which authorizes, inter alia, the city no develop and a high quality Natural Environment based on the adopted Policies maintain CODING: Words in s~rneR-~h~ngh type are deletion from existing law; words in bold underscored type are additions. Page 1 of 29 prese~:atiCn, improvement and WlSa axuioitaticn ~u ]zcal Nature! Resources. [Ccnse~zatlun 3c~I = -~ and rt__.:ed ebjectives and Pc!icies) ~ and ~EREAS, the City is desirous ei amending its Lnnd Devetopmen~ Regulation in conform!ny wi~h the re~airements of adopted Comprehenslve ChaDter 163, Florida Statuce and ~lan. NOW, %~.iEREFORE BE %T CRDAiNED BY THE CITY CO~.~I~ OF THE CITY OF BOYNTON BEACH AS FOLLOWS: TABLE OF C~NT-.~S PART I - Applicability Section 7.5-59 - Intent and'?urpcses Section 7.5-60 - Definitions 2 2 PART 2 - Wetland, Shoreline and ~,a=u~-i Uplands Preservation Section 7.5-62 - Permitted Development Activities 4 A - Generally 4 B - Insignificant Adverse Affect Permitted Uses 4 C - Design Standards 6 D - Mitigation Standrads 7 Sectio~ 7.5-63 - Restricted Developmenu Zone 7 A - Generally 7 B - Developmen~ Activities 7 C - Design Standrads Applying to Areas Adjacent to Wetlands and Uplands 7 D - Design Standrads Applying to Areas Adjacent to Shorelines 8 Section 7.5-64 Prohibited On-Going Activities 9 PART 3 - Surfag~ Water Quality Protection 10 Section 7.5-66 L' Site Preparation Standrads 10 PART 4 - Groundwater/Wellfield Protection PART 5 - stormwater Managemenm 12 PART 6 - Natural Habitat of Endangered or Threatened Species 14 PART 7 Air Quality Protection 15 PART @ Permitting Requirements 15 CODING: Words in mnrneR-~hrongh type are deletion {rom existing law; words in bold underscored type are additions. Page 2 of 29 Chapter Env!rcnmen5aily Se~sLzive ;L~ '2f iL'i '.i . .32 C~t~ cf ~" ~ Eeacn. =~:~ hereby 12r.%x~e~ the existing regulations there~o and substz'au:lng by deleting a new Article IV, Environmentally Sensitive Lands Regulazions and shall read as fellows: ARTICLE IV Environmentally Sensitive Lands Regulations -' l' =~I~ V Part 1. Amo~lc .... t Section 7.5-59 - Inuenu and Purpose A. The purpose of this section is to preserve and protect the values and functions of environmentally sensi=ive lands from aleerations that would result in the loss of these lands cr significant degradation of their values and functions. In addition to meeting the ensuing protection requirements, development orders shall comply with'~pplicable federal, state and water managemen= district regulations relating ko environmentally sensitive lands. In the case of conflicting regulations the- sr_rictesn standards shall apply. (Conservation Policy 4.3.4) Furthermore, for the purpose of protecting recognized county wide natural resources rated "A", sites as identified in Table 2 listing of Boynten Beach National Resource Sites of the City's Conservation Elemen= all applications shall adhere to the standards promulgated in the inventory of native ecosystems in Palm Beach County as developed by the Palm Beach Countywide Planning Council (Conservation Policy 4.3.6) B. Conservation Element Incorporated By Reference. The conservation Element of the City of Boyn=on Beach's Comprehensive Plan dated November 7,1989 as from time to .time may be amended is hereby Incorporated by reference into this Code. C. Compliance When Subdividing Land or Site Planning. Eaeh ~eq~a~onsv All development as described below shall be required to comply ~ith the requiremen=s of this Article: Subdividinq land as defined by appendix "C" of the Code of ordinances. B. Site Plan Review procedures as required by Chapter !9, of the Code of ordinances. C. Requestinq conditional use approval as defined by Dppendix ,'D" of the Code of Ordinances. CODING: Words in sk~uek-%hro~gh type are deletion from existing law; Words in bold underscored type are additions. Page 3 of 29 Section 7.5-60 D~£initions AS used in this article, the fo!lowing ~ha!l have che meaning ascribed therato: A. ACcessory Use · ~ ~ thereof custcmari!y A use of land or structure or incidental and subordinate to the principal use of the land or structure and located cn the same ~a__.el with the ~rinclpal B. Adverse Effects Any modifications, alterations, or effects on waters, associated wetlands, or shorelands, including their qIaaiity, quantity, hydrology, surface area, species composition, or usefulness for human or natural uses which are or may potentially be harmful or injurious ~o human health, w~lfare, safety, or property; to biological uroductivity, diversity, or stability or which unreasonably interfere with the reasonable use of proper~y, including outdoor recreation- The ~erm included secondary and cumulative as well as direct impacts- C. Alteration Any activity which results in the modification, variation or transfor~ation of environmentally sensitive lands, including but not limited to, placement of vehicles, structures, debris, or any other material objects thereon, introduction or injection of wa~er or other substance, and removal, displacement or disturbance of plant or animal species, soil, rock, minerals or water. (ordinance S9-46) D. Associated Wetland Any wetland that is adjacent or contiguous to waters, or which has a direct hydrologic connection to waters. E. Beneficial ~nctions Of A Protected Environmentally Sensitive Area Those functions , described in the Conservation Element of the city's Comprehensive Plan, that justify designating an area as environmentally sensitive. F. clearing The removal of trees and brush from the land, not including the ordinary mowing of grass. G. Direct Hydrologi~ Connection A surface water connection which, under normal hydrological conditions, occurs on an average of thirty (30) or more consecutive days per year. In the absence of rel~iable hydrologic records, a c.ontinuu~ of wetlands may be used to establish a direct hydrologic connection. H. Ecosystem An assemblage of living organisms (plants, animals, microorganisms, etc.) that functions as a dynamic whole through organized energy flows. I. Endangered, threatened and rare species of Special Concern Species listed as endangered, threatened, rare' or of special concern by one (1) or more of the following agencies: CODING: Words in s~ek-~h~h type are deletion ~rom existing law; Words in ~old underscored 5ype are additions. Page 4 of 29 1. U.S. Fish and wildlife Se~zice. 2. Florida Game and Fresh Water Fish Csmmlsslon. 3. Florida Deparnmen~ of Aqricul%ure. 4. Treasure Ccas5 Regional P!anninu Czuncil. j. Environmentally sensitive Ecological sites (ecosites) Florida ecosys=ems. [Lands) Zenes representing high cuality native K. ~ative Florida Ecosystems A self-organized ecosystem of a type existing in Florida prior to European colonization and containing predominantly natlve species L. Pollutant Any substance, con~aminan~, noise, or manmade or man-induced alteration of the chemical, physical, biological, or radiological integrity of air or water in cuantities or a= levels which are or may be potentially harmful or injurious zo human health or welfare, animal or plant life, or property, or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.-- M. Significant ~dverse Effect Any modification, alteration, or effecz upon a Protected wetlands or shoreline protection zone (Environmentally Sensitive Area) which measurably reduces the Area's beneficial functions as delineated in the Conservation Elemen= of the City's Comprehensive Plan. O. Water or Waters Included, but is no= limited to, Water on or beneath the surface of the ground or in =he a=mosphere, including natural or artificial wa%ercourses, streams, rivers, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground. p. Water Body Any natural or artificial pond, lake, with a discernible shoreline intermittently contains water. reservoir, or other area which ordinarily or Q. watercourse Any natural or a~ificial channel, ditch, canal, stream, river, creek, waterway o~ ~etland through which wa=er flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed, banks, or other discernible boundary. R. Water,s Edge and Wetland's Edge The water's or wetland's edge shall be determined by of the following indices yields the most landward waters or wetlands: t) the boundary es=ablished by the average annual water mark, 2) the landward boundary of hydric soils, or 3) the landward boundary of wetland vegetation. whichever exten~ of high CODING: Words in s%~ek-%h~e~gh ~ype are deletion {rom existing law; Words in bold underscored type are additions. Page 5 of 29 S. Wetlands are defined as those areas that are inundaueu saturated by ground cr surface water ~ a frequens¥ duration that normally will support a ~redominanu~ indigenous ptan~ life a~apted specifically co such Plants tnDically adcpted to g. owl g -- !ovlng plants). termed hydrophytes (water -- ~ecticn 7.5-6i C~eatl of pr~tec=ed EnvirolLmentally Sensitive Zones. wetlands wetland and Natural upland_Protection ~Landsk Zone 1. There is hereby created a ,,wetland Natural UDiand Protec=ion (Lands) Zone" in which special conditions for development ap~ly. 2. The boundaries of this zone shall be all of the natural areas (environmentally sensitive sites ~A~ rated A, B or C) depicted on the City of Boyn~on Beach's Conservation Element Figure 4 as may be amended from time to time (Conservation Policy 4.3.1, 4.3.10,objective 4.4 and related policies) Shoreline Protecticn Zone 1. There is hereby created the ,,Shoreline Pro=ection Zone" in which special conditions for development apply. 2. The Shoreline Protection Zone extends from the point in waters where no emergent aquatic vegeta=ion can grow landward to a point fifty (50) fee= landward of the water's edge. C. Request ~or Determination of Boundaries A developer or land owner may obtain a determination of the boundaries of either a wetlands ~ shoreline or natural uplan~ Protected Environmentally Sensitive ILand). Zone by submitting to the ~ Department or other department desiqnated by c~it¥ attorneys office, by certified mail or hand delivery a Request for Determination of its Boundaries. The request must, as a minimum, set forth an adequate description of the land the develope~- wishes to develop, the nature of the developer's right to ownership or control of the land, and other information needed to make the determination. The Department shall make the de=ermination with ten (10) working days of receiving the needed information from the developer% Section 7.5-62 Permitted Development Activities Within ~rotecte~ Environmentally Sensitive {Lan~ Zones A. Generally Except as expressly provided herezn, no development activity shall be undertaken in a wetland, ~r shoreline or natura~ CODING: words in s%ruek-%hrou~h type are deletion ~rom existing law; words in ~old underscored type are additions. Page 6 of 29 u~n~ Pro~ec~ion ~nw~nmen~a~T .... -~_~.._~e_ (conservation Policy 4.3.2) B. Activities ?rssumed to ~Iav~ 5n insignificant Affsot On ~ro~ectad Enviror~entaltY Sensitive ~onea .. Certain activities are presumed co have r- insignificant adverse affect on the benefici~ funCtions--of a-pr~ection 5~w~nme~a~-~re~i~'~ Zones. Notwithstanding the prohibition in Section 7.5-62 A of this Section, these activities may be undertaken unless it is shown by compe~en~ an~ substantial---ewidenee ~hat the specific activity would have a significan= adverse effect on the Protected Environmentally Sensitive Area. 2. The following uses and activities are presumed =o have an !nsignifican~ adverse effecn on Wetland and Natura~ Upland Protection (Lands) Zones: ~.-.-.~cenic, historic, wildlife, or scientific preserves. b. Minor maintenance ~r emergency repair to existing structures or improved d. Timber catwalks and docks four (4) feet or less in width using non- distructive construction methods four (4) feet wide, provided that no filling, flooding., dredging, draining, ditching, tilinq~ or excavatin~ is done, exceDt limited filling and excavating necessary for the installation of pilinqs. e. Conunercial or recreational fishing or hunting, and creation and maintenance of temporary blinds. f. cultivating agricultural or horticult~pal products that occur naturally on the si=e. g. Constructing fences where no fill activity ~s required and where navigational ar wildlife access will non be impaired by construction of the fence. h. Developing an area that no longer functions as a wetland, excep~ a former wetland that has been filled or altered ~n violation of any rule, regulation, stature, or this Code. The developer mus~ demonstrane that the water regime has been permanently altered, either artificially or naturally, in a manner to preclude the CODING: Words in snrnek-~hren~h type are deletion from existing law; Words in bold underscored type are additions. Page 7 of 29 area from maintaining surface water cr hydroperiodicity necessary to sus~a!n wetland s~ruc~ure and funct!on. If une ~ater r~gime of a wetland has been ar~ificiaily altered, bu~ wetland species remain the dominant veqeta~ion of the area, the Department shall determine the feasibility of restoring ~%e altered hydrology. If the wetland may be restored at a cost that is reasonable in relation to benefits to be derived from the restored ~etland, the developer shall, as a condition of development, restore the wetland and comply with the requirements of this Code. i. Developing a "Wetlands Storm Water Discharge Facility'" or "Treatment Wetland" in accordance with state permits received under Rules 17-25 and 17-6~ Florida Administrative Code. 3. The following uses and activities are presumed to have an insignifica~t~'adverse effect on shoreline pro~ection zones: a. Scenic, historic, wildlife, or scientific preserves. b. Minor maintenance or emergency repair to existing structures or improved areas. c. Clearing of shorelIne vegetation waterward of the water's edge, so as to provide a corridor no~ to exceed fifteen (15) feet in width, of sufficient length from the shore to allow access for a boat or swimmer to reach open water, and landward of the water's edge so as to provide an open area not to exceed twenty- five (25) feet in width. (One additional such corridor may be cleared for each one hundred (100) feet of frontage along the water's ~dge above and beyond the first one hundred (100) feet. CODING: Words in sk~e~-~h~e~gh type are deletion from existing law; Words in bold underscored type are additions. Page 8 of 29 f. Commercial or recreational fishing, hunting or trapping, and creasicn and maintenance of temporary blinds. g. Constructing fences where no fill activity is required and where navigational access will ne~ be impaired by construction of the fence. h. Developing a "Wetlands Stcrm Water Discharge Facility" or "Trea~snt Wetland" in accordance with state permits received under Chapters 17-25 and 17-6, Florida Administrative coda. Bes~g~e~--~a~t~--~epe~e~--~a~s---t-ha~---a~e--~t~ 4. Permittable Water Dependent Activities The following are permittable water dependent activities: (1) Projects not exceeding 10,000 cubic yards of material placed in or removed from w~tercourses, water bodies or wetlands. (2) Dockage or marinas where dock length does not exceed twenty-five ,(25) percent of the width of the water body and containing less that one (1) slip per one hundred (100) feet of shoreline. All docks and slip~ shall be at least 100 feet from -any~ federal navigation project. (3) New riprap or similar structures (not including seawall, bulkheads or the like) not exceeding 50 fee~ of shoreline. (4) Installation of buoys, aids to navigation, signs, and fences. CODING: Words in s~ek-%h~e~gh type are deletion ~rom existing law; words in bold underscored type are additions. Page 9 of 29 (5) Performance of maintenance dredging for years ~orm the date of the orlgln~l ~er~is. Thereafter, performance of maintenance dredging as long as less that 10,000 cubic yards cf material is removed. (6) installation of subaqueous' transmission and distribution lines for water, wastewater, electricity, communication cables, oil or gas. Lines may be entrenched (not exceeding 10,000 cubic yards of dredging), laid on or embedded in bottom waters. b=~d~es. Construction of fooc (8) Replacement or widening of bridges -on ~pilings or urestles where the effec=s of pol!utan=s discharged into open wa~ers are minimized. Minimizatlon of Impacts The water dependen= activity shall be maintained and undertaken in a way that impacts on the beneficial functions environmentally sensitive zone. designed, constructed, minimizes that adverse of the affected Design Standards ~e=-Spe=~a~-~ses 1. Generally In addition to the standards listed in Section 7.5.63(B) (3) of this Part, the following s=andards apply to special uses allowed in the Environmentally Pro=ected Wetlands or Shoreline Sensitive Zones as enumerated in the preceding sections. 2. Development standards for spee~a~ Uses Allowed In A Shoreline Protection Zone a. T~e dsvelopmen~ shall be designed to: (1) ALlow the movemenu of aquatic life requiring shallow water; (2) Maintain existing flood channel capacity; b. Development that encroaches the Shoreline Protection Zone shall not located: on CODING: words in s~ek-~h~su~h type are deletion from existing law; words in bold underscored type are additions. Page 10 of 29 (1) On uns=able shorelines where wauer depths are inadequate to eiimina~e cr minlmiza the need for offshore or foreshore channel construction dredging, maintenance dredging, spoil disposal, filling, oeach feeding, and other river, lake and channel maintenance activities. (2) In areas where there is inadequate water mixing an~ flushing; c. Access roads, parking lots, and similar s=ruc=ures shall be located on upland sites. d. Non-developed portions of the Shoreline Protection Zone than are damaged during cons=ruction shall be res=ored or replaced through replanting' of vegetation, restocking of fish, shellfish, and wildlife, re-establishmen~ of drainage patterns, and the like. To the maximum extent possible, the restored areas shall match their prior ecological functioning. (Future Land Use Policy 1.1.2) e. Accessory uses shall be limited to those which are water-dependent or necessary for operation of the developmenn. Accessory uses will be consistent in scale and intensity with the surrounding uses. Fill shall non be placed in waters or associated wetlands no create usable land space for accessory uses. D. Mitigation Standards ~o=-Spee~a~-~ses 1. Generally a. "On-site compensa=ory mitigation, by which envimonmentally sensitive lands are purchased, created, enhanced and/or restored to compensane for the loss of such lands, is.required whenever a use is allowed, um~e~-~Se~t~>r~.~ ~h~s-Pa~ b. The purchased, created, enhanced, or restored environmentally sensitive land must be of the same type as tha~ destroyed or degraded. CODING: Words in s~rnek-%hr~m~h ~ype are deletion from existing law; words in bold underscored type are additions. Page 11 of 29 c. Compensatory mitiga5icn chat! not be the basis for approving a project that could not otherwise be approve~. d. A developer oi a compensamory mitigatlon plan shall grant a c~nse~;a~len easement under Section 704.06, Florida Statutes, on the newly purchased, created, enhanced or restored environmentally sensitive lands ~o protect then from future development. 2. Wetlands Compensatory wetland mitigation shall require that the amoun~ of we=lands purchased, created, enhanced, or restored by large enough to assure that the amount of wetlands destroyed or degraded will be completely and successfully replaced. Section 7.5-63 Restricted Development Zone A. Generally There is hereby created a Restricted Development (Land) Zone adjacent to each Protected Environmentally Sensitive Area Zone. The zone shall encompass all land within ~&¥e-~ ~8~ three hundred (300) feet of the boundary of the prouected environmentally sensitive zone. (Land Use Objective ~.l~) B. Development Activitiss Within Restricted Deve!opmen= (Land) Zone 1. Ail development in a Restricted Deveiopmenu Zone shall be desmgned, constructed and maintained to avoid significanu adverse effecus on the adjacenu environment$11y sensitive zone. 2. The acreage within a Protected Environmentally Sensitive Zone may be used to determine the total allowable units or square footage of development that will be allowed on a site containing all or part of such a zone. This developmenu potential may be transferred from the Protected Environmentally Sensitive Zone ~o the adjacent Restricted Development Zone or beyond if owned by the'-applicant. Allowable development potential may .not,~'however, be transferred from outside the area encompassed by the Restricted Development Zone and Protected Environmentally Sensitive Zone to within such area. C. Special Design Standards applying Within Restricted Development Zones Adjacen~ To Wetland and Natural U~land Protection (Lands). Zones. 1. Wherever possible, natural buffers shall be retained between all developmenu and all Protecued Environmentally Sensitive areas. If a nauural buffer does no~ exist, an equivalent buffer shall be created. The size of the buffer shall be the CODING: womds in s~rmek-%hrom~h ~ype are deletion fro~ existing law; words in bold underscored type are additions. Page 12 of 29 minimum necessary to prevenc s~gni£icant adverse effects on th~ Protected Environmentally Sensi~-.-~ Area. portion during The develcper shall ccmpletely restore _n". of a Restricted Deveiopmenn Zone dam~ces construction, Complet~ restoration means that the damaged area shall, be operating as effectively did prior to being destroyed. within seven (7) years, as the natural system 3. Other reasonable protective measures necessary to oreven= significan= adverse effec=s on a Protected ~nvironmentally Sensitive Zone may be recp/ired. Protective measures may include, but are not limited to: a. ~aintainlng natural drainage patterns. b. Limiting the removal of vegetation to the minimum necessary to carry out the. development activity. c. Expeditiously replanting denuded -.-areas.. d. Stabilizing banks and other unvegeta~ed areas by siltation- and erosion-control measures. e. Minimizing the amount of fill used in the-development activity. f. Disposing of dredged spo'il at specified locations in a manner causing minimal environmental damage. g. Dredging wetlands or developing natural uplands at times of minimum biological activity to avoid periods of fish migration and spawning, and other cycles and activities of wildlife. h. pesigning, locating, constructing and maintaining all developmen= in a manner that minimizes environmental damage. i. Prohibiting septic tanks· a~eas-amd-muekv j. using deed restrictions and other legal mechanisms to require the developer and successors to protecu the environmentally sensitive areas and maintain the deve~opmen~ ~n compliance with the protective measures. CODING: Words in s~ue~-%h~o~gh type are deletion trom existing law; Words in bold underscored type are additions. Page 13 of 29 k. We~en~ Naturn~ haDicat snail he preserved in accordance with the Cisy's Tree Preservation ordinance. i. Littoral zcne vegesation and native upland vegetation shall be preserved and/or installed around lakes, wetlands, and deepwater habitat which ~s constructed or preserved on site, in accordance with the City's Landscape Code or .Treasure Coast Reqional Plann±n~ Where such vegetation installed, the minimum this see=ion may be modified no the extent necessary to ensure the viability of this vegetation. This shall not apply, however, ~o canals which are loca%ed on or proper~y within the City's Central Bus,ness District unless state or '.oriel a~enc¥. m. The littoral zone and upland vegetation required by this .section shall be bonded, if it would not be a part of a single site plan submitted pursue== ~o Chapter 19, Article II of the City of Boyn~on Beach code of Ordinances. (Land Use Policy 1.11.3) D. Special 'Design Standards Applying Within Restricted Development Zones Adjacent To Shoreline Protection Zones: 1. All developmen~ shall be setback greater than or equal to costal cons=ruc=ion control 'line. 2. Total impervious surface, including but not limited to buildings, houses, parking lots, garages, accessory buildings, driveways, pools, and walkways is limited to 75 percent of the land area of the entire site. 3. For parcels 10 acres and larger, the development shall laave a minimum of 25 percent of the site in its natural vegetation. (policy 4.4.1) 4. Point sourcle' and nonpeint source discharges are prohibited, excep= for s=ormwater, which may be discharged only if it meets the following minimum standard., Stormwater discharges shall include an additional level of treatment equal to fifty (50) percent of the treatment criteria specified in the rules of the appropriate water managemen~ district, and shall provide off-line retention or off-line detention with filtration of the firs~ on-half inch of run-off of the total amount required to be treated. If the city/county or any s~a~e agency has a stormwater rule which is stricter than this standard, then the stricter rule or combination of rules shall apply. CODING: words in sk~ue~-~h~eugh type are deletion from existing law; Words in bold underscored type are additions. Page 14 of 29 5. 3iltanion and erosion connrol measur .~ shall be applied to stabilize banks and unveqenated areas durin~ and a~ter sedimen~ settling ponds shall be insnai!e~ s~orr.~wa=er runoff prior to the creation oX an-; impe~;ious surfaces. For lots or parceis cleared, silt screens shall be placed between the construc=ion site and the water body to orevenc erosion and siltation. 6. Any channels constructed shall be of mlnlmum depth and width capable of achieving the intended purposes. Sides of channels shall reflect an equilibrium shape =o prevent slumping and erosion and to allow re-vegetation. 7. Any dredging shall be conducted at times of minimum biological activity to avoid fish migration and spawning, and other cycles and ac=ivi.ties of wlldli£e 8. Any spoil that results from dredging shall be disposed of a~ upland sites and s=abilized within thirty (30) days, unless the spoil is causing turbidity or other problems, in which case the developer mus= stabilize the spoil immediately. 9. If dredging changes the littoral drift processes and causes adjacent shores to erode, the developer shall periodically replenish these shores with the appropriate quantity and quality of aggregate. 11. Where wet moorage is offered for boa=s which have holding facilities for sewage or where other recreational vehicles are allowed ~o s=ay overnight, then pump-out, holding, or treatment facilities shall be provided by the developer for sewage and other was=es, including bilge, contained on vessels and vehicles. The facilities shall be conveniently a~ai!able to all vessels and vehicles. 12. If no natural vegetation exists, strips of buffer vegeta=ion shall be planted between~- development activities and the Shoreline Protection Zone. Buffers shall be a minimum of 15 feet wide and shall be composed of native plant species. 13. Marina and other appropriate developments shall post the following signs where they are readily visible to all users of the development: a. Regulations pertaining ~o handling and disposal of waste, sewage, or toxic materials. CODING: words in existing Words in sa~uek-%h~e~gh type are deletion from law; bold underscored type are additions. Page 15 of 29 b. Regulanzcns prcnibitin~ mhe asa of vessel toilets while moored unless those ~cilets are self-contained or have an approved treanmen~ device. c. Regulations prohibiting the disposal of fish or shellfish cleaning wastes, scrap-fish, viscera, or unused bait in or near the development. d. Appropriste messages relating to local ecological concerns, e.g., manatee pronection. 14. A marina shall inclnde a public boat launch facilities unless the .applicant can demonstrate that providing such facilities zs no= feasible or it is determined that the ramp would be excesslveiy damaging to the aquatic environment. 15. Marinas shall facilities in compliance Building Code Regulations. have adequate res=room with Southern Standard 16. Garbage receptacles shall be provided and maintained by the marina operator at several locations convenient to users. 17. Preservation of mangrove trees, except for an overriding public purpose, and small stands and clumps which are only intermittently connected to the waters of Lake Worth and the Intracoastal Wate~ay and do nom perform a significan~ function in the aquatic food chain. Removal of mangroves will be subject to the approval of those regulatory agencies yes=ed with this responsibility.(Land Use Policy 1.11.1) Section 7.5-64 Prohibited On-Going Activities The following standards apply to post-developmen= activities taking place within any Restricted Development Zone or Pro=acted Envmro~mentally Sensitive Zone. A. Point Source and Nonpoint Source Discharges Absent an amendment to the developmen= order, point source and nonpoint source discharges shall continue to meet~ ~the standards applicable to the original development. B. Clearing Absent an amendment 5o the development order, no person shall clear more vegetation than was permitted for the original development. C. Handling and storage of Fuel, Hazardous and Toxic Substances and Wastes CODING: Words in s~ruek-~h~gh type are deletion from' existing law; words in bold underscored type are additions. Page 16 of 29 1. Developments where fuel er toxic will be stored, uransferrod, cr sold shall e-~ the besu available facilities and procedures for prevenuion, conuainment, recovery, and mitigauicn fox1- substances. 2merc spillage of fuel and '~ -o~onse Facilities ecuipment and procedures small be designed to prevenc substances from entering wa=er or soil, and employ adequate means acceptable to ci~f for prompt and effective clean-uo of spills than do occur, submit an.emerqenc7 res envzrcnmentat review committee. 2. No toxic or hazardous wastes or subsnances shall be stored in outdoor containers. 3. Storage or disposal of all types of wastes is prohibited on shorelines. 4. All f~el stored on site shall comDty to ~alm Beach County protection standards for zone Z. D. Prohibited Uses The long-term storage of equipmen= or disposal of wastes shall be prohibited. E. Fertilizers, Herbicides, or Pesticides materials, and the 1. Fertilizers, herbicides, or pesticide shall no~ be applied in a Pro~ected Environmentally Sensitive Zone except for projects conducted under the authority of Sections 373.451-373.4595, Florida Statu~es, the Surface Wa~er Improvement and Managemenm Act, and governmentally authorized mosquito control programs. 2. Fertilizers, pesticides, and herbicides used in Restricted Development Zones shall be applied sparingly and a= recommended rates and time in=ervals. F. Spray Vehicles Vehicles used for mlxlng or spraying chemicals are prohibited from withdrawing w~er directly from protected wauers of the ocean, intracoastal or environmentally sensitive zones rated A,B or C. G. Pump-put, Holding, and Treatment Facilities for Wastes from Mobile sources. Sewage, solid waste, and petroleum waste generated by vessels.or vehicles on the site shall be properly collected and disposed of. PART 3. SURFACE WATER QUALITY PROTECTION Section 7.5-65 Purpose and Intenn Growth in Boynton Beach has frequently occurred near surface water or in rela~ed watersheds. However, developments near surface wa=ers and watersheds have contributed carrying amounEs of unLreated s~ormwaLer runoff, unnreaned sewage CODING: Words in sk~ek-%h~ugh type are deletion from existing law; words in bold underscored type are additions. Page 17 of 29 effluent, and treated ef~ ~ nc ~he .... purpose of this section is co describe requiremenT.: ..:.: wrotection cf surface water q~lality to ensure both nn Boynmon Beach for exms~ing and future residents ~nc (Ccnservstion Cbj ective 4.7) Section 7.5-66 Standards SIT,~. A. Site preparation and/or land clearing practices that destroy indigenous pianos shall not be permitted prior ~o final development approval pursuan5 co the mrevlsmons of Zhis Code. (Conservation Policy 4.3.S) B. Site preparation and/er land clearlng shall be permitted to commence on any site provided the appli~anm agrees ~o: 1. To Commerce building construction within 30 days subse~uen= to initiating site preparation and/or land clearing. Future Land Use Policy i.ll.S) 2. Seeding and mulching of all disturbed areas void of building construction shall be undertaken within 30 days after completing the clearing activity (Conservation Policy 4.7.5). 3. Constructing erosion control fencing, soil moisturizing, seeding mulching and/or other best management techniques to control soil erosion. (Conservation Policy 4.7.6, Future Land Use Objective i.1) C. The development proposal shall include adequa=e evidence andassurances that the following requirements shall be me= during construction. 1. A minimum fifteen (15) foot buffer measured from mean high water shall be established adjacent to natural or man-made water bodies in order to protect the water body form adverse impacns of construction activity, including but not limited to, erosion and siltation. The proposal shall documenc that a fifteen' (15) foot buffer ms adequate for such protection, or shall indicate the size (width) of the buffer deemed to be adequate tha~ shall be provided to mee~ this requirement. - ~ 2. No alteration of the buffer shall be permitted, including destruction of existing vegetation or alteration of the natural topography. (However, maintenance, such as trimming shall be allowed if the plants are no~ considered wetland vegetation as defined by the South Florida Water Managemenn District. (Conservation Policy 4.4.3) 3. After construction, nanural vegetation shall be re~ained or replaced on the site in order CODING: Words in s~uek-eh~gh 5ype are deletion krom existing law; words in bold underscored type are additions. Page 18 of 29 to minimize and s~abilize pollu=lon of the wa=er body. article i for ~p~ropriate Preservation.) eroslon ~nd d Refer to ChaD=er 7.~ guidelines on 4. For lots or parcels which are clearz~ adjacent ho waterbodies silt screens shall be be=ween the const-~uc=ion site and the wa~er body prevent erosion and siltation. D. Ail developmenm shall mee= the requirements of Palm Beach Coun=y Water Resources Managemen= Division and South Florida Water Managemen= Distric= to control stormwater runoff, for the purpose of proven=lng flooding mn adjacent areas, or pollution of wa=er bodies. (Conservation Policy 4.7.3) E. Where a developmen= proposal includes provisions for deposit of fill, shores resulting from such deposition shall no= exceed a slope of 4 horizontal to 1 vertical above =wo (2) fee= below the design wa=er elevation. (Fu=ure Land Use Policy 1.~.l) F. Buffer zones of native upland vegetation shall be constructed, maintained and preserved ~round all wetlands and' deepwater habitats which are either preserved, restored or recreated on the site. 'Buffer zone shall incIude canopy, understory and ground cover of ne=ire species only. (Conservation Policy 4.4.5) PART 4 GROIIRDWATER/WELLFIELD PROTECTION Section 7.5-67 Purpose and Intent A. The purpose of groundwater protection standards is to safeguard the health, safety and welfare of the citizens of Boynton Beach. This is accomplished through ensuring the protection of the sole source of wa=er for domestic, agricultural, and industrial use. The availability of adequate and dependable supplies of good quality wa=er is of critical importance to the future of the County. Therefore, standards are described in this section with the intent of protecting both the quantity and quality of the groundwater supply. It is further the intent of this sec=ion to control development in and adjacent to designated wellheads and wellfield cones of influence to protect wa=er supplies from potential contamination (Future Land Use Policy 1.1.4). Section 7.5-68" Standards for Wellfield Protection B. Within areas of the Town designated as primary recharge areas or as wellfields cones of influence as shown on the Town's adopted Future Land Use Map, all proposed Multi-family and non-residential developments shall prepare and submit with the developmenu application a Groundwater/Wellhead Impact report. The purpose of this repor= is to provide evidence of the probable impact of the proposed developmen~ on the groundwater supply and recharge potential of the area and existing or designated wellhead locations. The repor~ shall mee~ Palm Beach County's area wide wellfield protection Ordinance as may be amended prior ~o the business receiving an occupational license. (Conservation Policy 4.2.1 & 4.2.2 & 4.2.13) CO DING: Words in existing Words in se~ueR-ehreugh type are deletion from law; bold underscored type are additions. Page 19 of 29 Section ~,.~=-69 Restrictions on ~e-zonin~ ink Plan Amendments The City shall s~eneBa- ccordinat~ ~ith the Count7 Department of Resource Manaqement all fu~ur~ land usa or rezonings to industrial or other types ~f uses known for employing or storing significant quanui~ias of hazardous waste in areas deslgnated as wel~rleld zones i or 2. (Future Land Usa Policy 1.11.5) ~ART 5 STORM~.~AT~RY=A/~AGEME~T Section 7.5-70 Purpose and Intent A. This section is intended and shall be interpreted to protec=, maintain, and enhance both the i~media=e and the long-term health, safety and general welfare of the ci=izens of Boyn~on Beach through the following: 1. Protecting and maintaining uhe chemical, physical and biological integrity of ground and surface waters. (Conservation Objective 4.2) 2. Preventing activities which adversely affec= ground and surface water. (Conse~;ation Policy 4.2.14) 3. Encouraging the const~action of stoi-mwater management sys=ems that aesthetically and functionally approximate natural systems, consistent with regulatory agency requirements. (Conservation Policy 4.2.3) 4. Protecting natural drainage (Conservation Policy 4.2.7 & 4.2.15) sys=ems. surface 4.2.15) Minimizing runoff pollution to ground and wa=ers. (Conservation Policy 4.2.14 & 6. Minimizing erosion and sedimentation of receiving wa=ers. (Conservation Policy 4.76) Section 7.5.71 General Provisions In addition to"meeting the requirements of this section, all proposed site and subdivision plans required ~n other sections of this code shall include a report demonstrating that the design and performance of all stormwater management systems shall comply with applicable state regulations (Chapter 17-25,Florida Administrative Code), requirements of the .South Florida Water Managemenu District (SFW~D), Rules 40D-4, and 40D-40, FAC and the Lake Worth Drainage Dis=rict prior ~o submitting final construction plans 5o the City. The plans shall also mee~ the design and construction requiremen=s of Palm Beach County and minimum finished first floor elevation s=andards as described on the Department of H.U.D. National Flood Insurance Rate Map. (Conservation Policy 4.7.1, Future Land Use Policy 1.1.3, Objective 1.7.4 and related policies). CODING: Words in eu~ek-th~gh type are deletion krom existing law; Words in bold underscored uype are additions. Page 20 of 29 Section 7.5-72 Exemptions A. The following development activities are exemp% re~ulrements of the preceding section.. Developments -~%~n exempt under~this~_section shall nevertheless be ccnstr'i~52n much a ~anner as to prevent =looding from stormwater the site from adjacent propercy, including roadways. in such a manner as Lo provide on-site of rainfall on ~he entire shall be graded retention of the firs~ one (1) inch lot- 1. The construction of duplex residential dwelling structures on a lot of record. each a single family or unit and accessory 2. Any development within a subdivision of the following conditions have been met: a. stormwater management provisions for the subdivision were previously approved and remain valid as part of a final plat, subdivision, site plan or P.U.D. Master Plan Approval. b. the developmen~ is constructed in accordance with the stormwater management provisions submitted with.a plat or plan recorded after February 1, 1990. if 3. Bona fide agricultural activity which has a permit from SFWMD. 4. Maintenance activity tha~ does no~ change or affect the quality, rate, volume or location of s~ormwater flows on the site or of stormwater runoff. 5. Action taken under emergency conditions to prevent imminent harm or danger to persons, or to protect property from imminent fire, violent storms, hurricanes or other hazards. A repor~ of the emergency action shall be made to the City's commission as soon as practicable. Section 7.5-73" Design Standards A. The proposed development and redevelopment activity shall not violate the water quality standards as set fort~ in Chapter 17-3, Florida Administrative Code and shall comply with the following standards: 1. Land Development orders shall be conditioned upon the reasonable dedication of canal rights-of-way and construction or reconstruction of drainage canals, as required by the South Florida Water Managemen~ District and Lake Worth Drainage District. (Land Use Policy 1.7.2) CODING: Words in m~nek-%hron~h type are deletion from existing law; Words in bold underscored type are additions. Page 21 of 29 -. Detention and renenticn systems shall ~- designed to pro~ec~ buildings from flooding u~ ~ the 100-year flood eleva~icn, and are desl 'x t acco~v, odate a 3-year design sto~~m ~or duration _.. the time cf concentration for the watershed, axe meet all applicable requirements of the Souax Florida Water }[ana~ement District and Lake :~orth Drainage District.' All flood protection ani drainage facilities which are necessary to meet these standards shall be authorized at ~he same time that development orders and permits are authorized. (Land Use Policy 1.7.6) (Conservation Policy 4.2.3 & 4.2.5) 3. The design and construction of the proposed stormwater management system shall be certified as meeting the requirements of the Code and Drainage sub-element of the City's Comprehensive Plan by a professional englneer licensed by the State of Florida. (Conservation Policy 4.7.2 & 4.7.3) 4. No surface water shall be channelled or directed in~o a sanitary sewer. shall be drainage streets. The proposed stormwater managemenn system compa~tible with the existlng and future systems on surrounding properties or 6. In phased developments the stormwater management system for each phase shall be fully functional. 7. Ail detention and retention basins, except natural wamer bodies used for this purpose, shall be freely accessible for maintenance from snreens or public rights-of-way or easements. 8. Methods to calculate run-off shall be in accordance with applicable county and S.F.W.M.D. standards. 9. The characteristics of stormwater conveyed from the site should approximate the rate, volume, quality, and timing that occurred on the site under conditions preceding the proposed development. !0. The design and construction of a proposed stormwater management system shall demonstrate tha~ all stormwater run -off shall be channelized through vegetative swales and land areas prior to entering a catch basin or receiving water body. (Conservation Policy 4.2.9) 11. The removal of rock or soil from proper~y shall be prohibited, except to the extent necessary to prepare a site for development. (Future Land Use Policy 1.1.4) CODING: Words in m~rnek-~hrengh type are deletion from existing law; Words in bold underscored type are additions. Page 22 of 29 ~ ~on 75-74 Stormwater llanaqemLn5 -~_dn · ' scorm~zater manacement plan shall alzo 'De ~ ~ ......... ~ ail applications for approval cf a proDoseu SUD~iV2 -, Jr mul~m-family~' or non-resmdentiai site elan. The oLcr.~%'.;acer management plan shall contain sufflclen5 ln~ormatlon ~c :=~,~ .het~.e~ the ~rc~csed the City's Commission to determlne '-' ~ - development meets the requirements of this Code. Therefore ~he following specific information shall be submitted: i. A recent aerial phe~ograph encompassing the projecn area and adjacent land areas. The scale shall be no smaller than oneinch eqfuals 200 feet. Photo copies are not acceptable. 2. A topoguaphic survey of the site clearly showing the location and elevation of bench marks, including at leas~ on bench mark for each major wa~er control structure, an overall pro, act area map showing existing hydrogeoraphy and runoff ~atterns, and the size, location, topography, and land use of any off-site areas that drain onto, through, of from the project area. (existing U.S. Soil survey maps are 3. A soils map of the site Conservation Service soil acceptable.) 4. Seasonal high water-table elevations shall be determined and the information provided. 5. A map of vegetative cover of all native trees over 2 1/2 D.B.H. and wetlands vegetation (this information may be shown on the aerial or soils map). 6. A map showing the location of any soil borings or percolation tests. Percolation tests representative of design conditions shall be performed if the smormwater managemenm system will use swales, percolation (retention), or exfiltration (detention with filtration) designs. 7. Grading plans specifically describing the interface of the proposed development with abutting properties. 8. Paving, grading, and building plan showing the location, dimensions, and specifications of~- roads and buildings (including inverts, road crown, finished floor and ground elevations). 9. An erosion and sedimentation con~rol plan that describes the type and location of control measures, ~he s~age of developmen~ a~ whick they will be put into place or used, and maintenance provisions. 10. Other applicable requirements of Appendix C, Subdivision Ordinance. CODING: words in s%~k-~h~e~gh type are deletion ~rom existing law; Words in bold underscored type are additions. Page 23 of 29 B. A description of the proposed suormwater managememn shall be provided'to inc!uue the following informatlcn: ~. Channel, direction, flow rate, and cf s~ormwater that will be conveyed from the with a comparison no natural or existing condition. 2. Detention and retention areas, inc!udinq plans for the discharge of contained waners, maintenance plans, and predictions of surface water quality changes. 2. Location of all water bodies to be included in the surface water management system (natural and artificial) with details of hydrography, side slopes, depths, and water-surface elevations of hydrographs. 4. Any off-site rights-of-way or easements required for the proper functloning of the sysnem. 5. Locations of routes of off-site waters onto, through, or around the project. 6. Rights-of-way and easements for the system including locations and a statement of the nature of the reservation of all areas to be dedicated as part of the Stormwater Management System. 7. The location of off-site water resource facilities such as surface water management systems, wells, or wellfield cones of influence that might be affected by the proposed project, showing the names and addresses of =he owners of the facilities. C. Ail plans in accordance Regulations shall be reviewed and development orders issued with Appendix C, Subdivision and Platting PART 6 ~ATURAL HABITAT OF ENDAI~GERED OR THREATENED SPECIES Section 7.5-75 General Provisions Purpose and Intent A. It is the purpose of this part to provide standards necessary to protect the habitats of species, both flora and fauna, of endangered, threatened, or special concern status in the City. It is the intent of this part to require that an appropriate amount of land shall be set aside an_~reserved b_~ dedication or Development Aqent per 163.3220 to pro~ect habitat of rare, endangered, or special concern plant and animal specmes. (Conservation Objective 4.5 & Policv 4.5.1 & Land Use Policy 1.11.2) Applicability Flora and Fauna site survey B. Areas subject uo the standards of this Part shall be those identified in Figure ~ 4 of the Conservation Elemen~ of the CODING: Words in serueR-~h~n~h type are deletion from existing law; Words in bold underscored type are additions. Page 24 of 29 city's Ccmprehenslve Plan as haDlt~c for rare and en -~-=~' species, threacened species, or species of speciai ~ncarn. All deve!cpmencs proposed adjacent to cr ~hich incluc~ -__%-aJa2 areas included on Figure 4, shall submit a flora an'i ~ ~_2a · 'olo 1s~ or ecologis~ ccns_~an~ site survey prepared by a bi g . . with the re~airements set ~orth ~n tn~s ~_c~on. C. Habitat ~anagemen~ Plan In the even~ tha~ the survey indicates the existence cf a representative plan~ or animal specles designated as endangered or threatened on Federal, State or Florida Committee on Rare and Endangered Ptanns and Animals lists, the developer shall prepare a habitan consultation with the Florida Game Commission and' the U.S. Fish and protecting the resident population. 4.5.1) management plan in and Freshwaser Fish Wildlife Service for (Conservation Policy 1. When Required. A Habinan Management Plan shall be prepared as a prerequisite ~o the approval of.any development proposed on a site connaining areas described in Section B above. 2. Contents. The Habitat Management Plan shall be prepared by an ecolcqist, biologist or other related professional.' The Plan shall documenn the presence-of affected species, the land needs of the species than may be met on the devetopmenn site, and shall recommend approprlane habitat managemenn plans and other measures to protect the subjecn wildlife. The ~lans shall ~lace preservation of habitate above relocation. 3. Conformity of Final Developmenn Plan The Final Subdivision or site plan approved' for a development shall substantially conform to the reco~umendat~ons in the Habitat Managemenn Plan. D. Preservation of Land Where land on a proposed development site is occupied or utilized by the species' to be preserved as habitat for rare, endangered or special concern species, such land shall be adjacen~ to existing viable habitat, a significant wetland system, floodplain, or wildlife corridor. If such lands are not adjacent to the development site, land to be set aside shall be of such ~antity and quality as to provide viable habitat, as documented in the study required zn paragraph B above. E. Fee in Lieu As_~_a~e~ma~e-~C~-p~ese~a~½~n-~f--~and When a site ~ determined to be too small to preserve, the City may establish a fee-in-lieu-of-land program, whereby the city can purchase nearby land which will provide a signifisant habitat. PART 7 AIR QUALITY PROTECTION Section 7.5-76 Purpose and Intent CODING: Words in s~r~e~-~h~e~gh type are deletion from existing law; Words in bold underscored type are additions. Page 25 of 29 A. This secclon is intended and shall be inmerpreued nz protect, malntaln, and e~ance both the immediate an~ .~ !on~ t~-~m-. ...... h, safe~'; and general welfare of the of ~oynnon Beach through The following: _. Protecting and maintaining the chemical, physical and biological in~egrluy of 5he a!r. (Objective 4.1] · ac~_vlt_es which adversely 2 Preventing ~ ' ~ affect air quality. 3. Encouraging providing xeriscape, production. the utilization of evapo-sranspiration landscap!ng and oxygen Section 7.5-77 Requirements A. The design and performance of all projects shall comply with applicable stage regulations, the requirements of the Palm Beach County Public Health Unit, Division of Environmental Science and Engineering Air Pollution Control. Standards prior to receiving a certificate of occupancy. (Conservation Policy 4.1.1. & Land ~se Objective) ?.~T s PErmITTInG REQUIREME~S. Section7.5-77 Review procedures for proposed alterations A. Ail applications for site plan 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 their designee. This study shall include, by non be limited ~o, the following information. 1. Site conditions: a. Site location map-with specific propermy clearly indioted. the b Aerial photograph-with the specific proper~y clearly indicated (scale:on~. (1) inch equals slx hundred feet or less). c. Detailed map of existing terrestrial and aquatic vegetation, including exotic species within the jurisdictional limits of wetland jurisdiction of the U.S. Army Corps of Engineers and the Florida Deparzmen~ of Environmental Regulation, d. Other requirements se~ oum in this Chapter. e. Soil types and conditions. CODING: Words in surfeR-through type are deletion krom existing law; Words in bold underscored type are additions. Page 26 of 29 f. Lis~ Df endangered, unrea~eneu and rare species and s~ecles of specLai c~ncern found on the site. g. Colonial bird nesuing or roosting areas or areas in which nigrn~norY sTec~ies are known to concentrate. h. Archaeologically and/or historically s.ignificanu features. i. Geologically significant features. j. Areas of previous disturbance or degradation, including presen~ and pas~ human uses of site. k. Surrounding land uses. 2. Projec~ design: a. Conceptual footprint of sita development, including buildings roadways, parking areas, utilities, water features, flood control structures, s~ormwa~er systems, wellfield locations, landscaped areas, buffer area, preserve areas, and other open space areas, as an overlay to vegetation mapping. b. Status of developmen= approvals, including permit applications. c. Other requirements sea oum in this Chapter. 3. Project operation: a. Description of proposed operations 5o be performed on the site including use, storage, handling or production of substances known to be harmful to humans, plants and/or anima.ls. b. Identification of any pollutants expected to be emitted ~uring project operation. c. Identification of timing and source of noise and/or vibration impacts on resident and'- adjacent human and animal life. Section 7.5-78 Administrative Review schedule Any additional information determined to be required by the TRB must be requested by the TRB within thirty (30) days of receip~ of the above information. Upon receipt of the above information, the TRB will then have (30) days to make its determination concerning conditions of approval for the development to the planning and zoning board. The planning CODING: words in s~uek-kh~ugh type are deletion ~rom existing law; Words in bold underscored type are additions. Page 27 of 29 and zoning beard shall review the decermmnaszon of -'-'~ its next regularly scheduled meeting, The planning an~ board shall approve, deny or ~prcve ~lch ccndi~_ developmenc application. Secmicn U.-~-79 Appenls k. Any aggrieved person may appeal, the decerminamion cf 5he planning and zoning board to the clmy commission oy written request filed with the city manager within ten (10) mays following receipt of ~he determznation of the planning and zoning board. Any snch appeal submitted to the city commission shall be reviewed by commission at a regularly scheduled meeting within thirty (30) days of receip5 of the appeal reques~ in accordance with the following standards which shall be addressed by the applican~ in his written reguest: Whether the subjecc proper~y is an environmentally sensl~ve land or contains endangered, threatened and rare species and/or species of special concern in accordance with the definitions set forth in sections 7.5-60(c) and (d) and 2. Whether the. conditions placed on the development application by the planning and zonlng board are reasonable and represenu sound environmental practices necessary ~o mitigate possible harmful impac=s upon the sub~ect proper~y and are necessary in order to protect the health, safety and welfare of the citizens of the City of Boynton Beach. Section 2. Each and every other proviszon of Chapter 7.5, Environmental Regulations of the Code of Ordinances of the City of Boyn=on Beach, Florida shall remain in full force and effect as previously enacted. Section 3. That all ordinances or parts of ordinances in conflict herewith b~ and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence, or word be declared by a court oZ compe=en~ jurisdictisn ~o be invalid, such decision shall no5 affecu the remainder of this ordinance. Section 5. Authority is hereby granted to codify said ordinance. CODING: Words in ss~e~-%hr~gh ~ype are deletion ~rom existing law; words in bold underscored type are additions. Page 28 of 29 Section ~. This immediately upon passage. FZRST ~EADZ!~G this SECOND, FINAL READING , 1990. ordinance shall ~accme ~:~nzmi'ze /ay cf 1990. and PASSAGE this day of CITY OF BOYNTON BEACH, FLORIDA ATTEST City Clerk (Corppu~e ~Dat), Mayor Vice Mayor Commissioner CoEL~iSSloner Commissioner CODING: Words in s%r~ek-~hro~gh uype are deletion from existing law; Words in bold underscored 5ype are additions. Page 29 of 29 ANNEXATION MAP ~N Adopted Western Annexation Limits 1987 Coroorate Limits Annexation by Year 1995 Anticipated Annexation by Year 2000 Anticipated Possible Future Annexation City of Boynton Beach pl_a~.ning Department 4/87 Reserve Annexation Area Utility Service Area Other Municipalities CITY OF BOYNTO,~I BEACI{ Ia\ND [?EVELOPMENT REGUI,ATiOHS Work Product = 3 Historic Preservation Ordinance Draft #2 ~'Iay 17, 1990 May 31, Draft #3 June 27, 1990 ORDINANCE NO. 90- AN ORDINANCE OF THE CITY COMMISSION OF CITY COMMISSION OF THE CITY OF BOYNTOI[ BEACH. FLORIDA, ~ENDING CHAPTER 5, BUILDING, HOUSI~ AND CONSTRUCTION REGULATIONS BY ADDING THERETO A NEW ARTICLE XII TO BE ENTITLED HISTORIC PRESERVATION, PURSUANT TO FLORIDA STATUTES; PROVIDING FOR DEFINITIONS; PROVIDING FOR THE CREATION OF A REGISTER OF HISTORIC PLACES; PROVIDING FOR THE REQUIRING OF CERTIFICATES OF APPROPRIATENESS TO PERFORM--CERTAIN REGULATED WORK ITEMS; PROVIDIN~ THAT EACH AND EVERY OTHER TER>! AND PROVISION OF CHAPTER 5, BUILDING, HOUSING AND CONSTRUCTION REGULATIO~S SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR ENFORCEMENT AND PENALTY PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES~ WHEREAS, Chapter 163.320213) Florida Statute encourages all local governments to create innovative Land Development Regulations; and WHEREAS, the City of Boyn~on Beach Comprehensive Plan adopted November 7, 1989 contains Goals, Objectives and Policies which authorizes the City, inter alia to idennify, preserve and restore historically significant housing (Objective 6.7 and related policies); and WHEREAS, Figure 6 of the City of Boynton Beach's Housing Element utilized in formulating its Housing Goals, Objectives and Policies identified the physical boundary of the Historical Area wherein structures were consnruc~ed prior ~o 1940; and CODING: Words in mkr~ek-%hr~u~h type are deletion frdm existing law; Words in bold underscore~ Eype are additions. Page 2 of 11 WHEREAS, the City is desirous of amendin~ ~.: ~-- [.and Developm~n~ Regulations in conformity with the require~e~'-A~ ~J~ Chapter 163, Florida Statute and [ts adonted Comp re~.'.-'.!:.'~ - va Plan: NOW, THEREFORE BE £T ORDA£NED BY THE CITY CO[.E4ISSION CF THE CITY OF BOYNTON BEACH AS FOLLOWS: Section 1. Chapter 5, Building, Houslng, and Construction Regulations, of the Code of Ordinances ~ · ~y of Boynton Beach, Florida, is hereby amende~ by adding a new Article XII Historic Preservation and shall read as follows: ARTICLE XII - HISTORIC-PRESERVATION Section 5-171 DEFINITIONS For the purpose of this section, the following terms, phrases, words and their derivatives shall have the meaning gmven herein when non inconsistent with the text. Words used in the presen~ tense include the future ~ense, words in the plural number include the singular number and words in the singular number include the plural number. Buildinq A strucnure created to shelter any form of human activity. This may refer to a house, barn, garage, church, hotel or similar snrucnure. Buildings may refer to a historically or architecturally related complex, such as a courthouse and jail, or a house and barn. Parking lots and garages are hereby deemed to be "buildings". Historical Preservation Area The district identified in the City's Housing Element Support Document, pages III-18 to 20 and located within the boundaries of the "Historical Area" shown on Figure 6 of said Element, as more specifically described in Table 172 -A of Section 172, Register of Historic Places, Subsection B. Demolition The tearing down or razing of 25% or more of a s~rucnure's external walls. District Obiect A manerial thing of functional, aesthetic, cultural, historical, or scientific value that may be by nanure of design, movable, yet related to a specific se~ting or environment. Ordinary Maintenance CODING: Words in s~ek-~h~e~gh type are deletion from existing law; Words in bold underscored type are additions. Page 3 of 11 damace or to prevenn deteriornt[o~ or structure or part thereof iii order resource, as nearly as practicable, the damace, deterioration, or decay. Oriqinal Apbearance That appearance which, to the satisfaction of the CommunlEy Appearance Board, closely resembles the appearance of either: (1) The feature on the building as it was originally built or was likely mo have been built, or (2) the feature on nhe building as it presently exists so long as the uresent appearance is appropriate, to the smyle and materials of the building. Site The location of a significant event, activity~ building, structure, or archaeological resource where' the significance of the location and any archaeological remamns outweighs the significance of any existing structures. Section 5-172 REGISTER OF HISTORIC PLACES. A. CREATED A Register of Historic Places is hereby created as a means of identifying and classifying various sites, buildings, structures, objects. and districts as historic and/or architecturally significant. The Register will be kept by the Chief Building Official. B. INITIATION OF PLACEMENT ON THE "REGISTER" 1. Every principal residential structure constructed prior ~o 1940 located within the boundaries of the Historical Preservation Area as more specifically shown on Table 5-172-A and all non-residential structures defined as historically significant in the Future Land Use Element support documents, as may be amended are placed on the "Register". 2. An individual property should not be considered placed on the "Register" if the property's integrity of location, design, setting, materials, workmanship, feeling and association have been so altered that the overall integrity of the proper~y has been irretrievably lost. 3. Structures that have been built after 1940 shall not be placed on the register unless a s~rong justification has been determined by the Community Appearance Board that the building has significant historical or architectural merit. C. EFFECT OF LISTING ON "REGISTER". CODING: Words in snr~eR-thr~gn type are deletion from existing law; Words in bold underscored %ype are additions. Page 4 of 11 !. Structures and buildings meeting criteria listed in Section ~, above, shall be :leer hisnoric and ~ntitl~d no more liberal comdr, tance the Southern Standard Building Code. 2. Demolition, cons5rUCUlOI~ activities in Section 5-173: a]ternt!cn, relcca~ion ur may take place as provided TABLE 5-!72A REGISTER O? RESIDENTIAL STRUCTURES FOR HISTORICAL PRESERVATION Section 5-173 Certificates of Appropriateness A. WHEN REQUIRED. 1. Ail requesms for Governmental Grants or loans such as Community Improvement Funds for the purpose of improving buildings or structures located within the City of Boyn~on Be~ch's Historical Area must first obtain a "Certificate of Appropriateness" before making a~terations which are described below, as Regulated Work items. Ail other construction/improvemenms on structures located within the district are no~ required uo be reviewed/approved by the Board but may voluntarily request the opinion and advise of the Community Appearance Board. 2. Regulated Work Items. For each of the regulated work items listed below, the following applies: a. Ordinary Maintenance: If the work constitutes "ordinary maintenance" as defined in this Code, the work may be done without a "Certificate of Appropriateness". b. Board Approval: If the work is not "ordinary maintenance" a "Certificate of Appropriateness" must be obtained from the Community Appearance Board before the work may be done. 3. The following are regulated work items: a. Installation or removal of.metal awnings or metal canopies. b. Installation of all decks above the firsn-floor level and/or on the front of the s~ructure. c. Installation of an exterior door or door frame, or the infill of an existing exterior door open~ng. CODING: words in mtrnek-nhro~gh type are deletion fr6m existing law: Words in bold underscored ~ype are additions. Page 5 of 11 October Aught 31, 1989 The preparation of this Comprehensive Plan Element is aided through financial assistance received from the State of Florida under the Local Government Comprehensive Planning Assistance Program authorized by Chapter 86-167, Laws of Florida and administered by the Florida Department of Community Affairs. Prepared by WALTER H. KELLER JR., INC. Consalting Engineers and Planners 10211 West Sample Road, Suite 204 Coral Springs, Florida (407) 732-7844 Table 2. Listing of Boynton Beach Natural Resource Sites Site Geographic Area in Summary # Location Acres Evaluation 1 43-45-08-1 88.6 B 2 43-45-08-2 29.7 X 3 a3-45-07-1 52.4 X .4.a.* 43-45-17-I 141.8 A 4.b. 43-45-16-3 A 4.c. 43-45-20-2 A? 5* 43-45-16-2 40.1 A 6* 43-45-16-5 19.0 A 7* 43~45-21-1 9.6 A 8 43-45-20-1 11.2 B 9 43-45-20-4 6.2 D I0 43-45-30-1 21.6 D 11 43-45-20-5 17.1 D 12' 43-45-29-1 t5.359,7 A 13' 43-45-32-1, -2 ..... 25.0 A 14' 43-45-32-3 24.1 A 15' 43-46-05-1 7.0 B 16 43-45-31-1 22.4 C 17 43-45-31-2 17.6 X 18 43-45-30-2 17.4 X Annotation Pine Flatwoods and disturbed PFi' pond with emergent vegetation. East of ttigh Ridge Country Club. Lift Station #717 is located here. Residential development in progress. Cleared. Florida Scrub. County Site "Eco-87 Quantum NE Scrub". West of Highridge Rd; Part of the site is in the Quantum Park DRI development. Portions in Boynton Beach and County. Disturbed Florida Scrub corridor. County site "Eco-36 Quantum RR-I95 RouteM. Restricted access. South poruon of Quantum DRI development. Florida Scrub. County site "Eco-36 Quantum High Risk". Part of Quantum Park development both east and west of Hi#bridge Rd.; road clearing and development in progress. Composite of Quantum sites total 9 listed endangered species. Florida Scrub with disturbed border. County site "Eco- 34, Rolling Green Scrub". Endangered species total 8. FlOrida Scrub. COunty site "Eco-32, Galaxy Scrub". Endangered species total 9. Florid~ Scrub site with scrub oaks of shrub and small tree s~ze disturbed by trails and disturbed borders along RR and 1-95 rights-of-way. County site "Eco-32 Industrial Scrub", Dense stand of Melaleaca (Melaleuca quinquenervia). Australian pine (Casuarina equisetifolia), and Brazilian pepper (Schinus terebinthifolius), and area of grassy and ruderal species. A mixof Melaleuca and other exotics. Former Pine Flatwoods now crowded with weeds. 30arcels. Disturbed Pine Flatwoods, Florida Scrub, and open grassy with rudera species. Corridor, western border of I- 95, Eco-31 Boynton 7th St Scrub right of way. See text n~ative for additional information, S0ath of Woolbti_ght Road. Pine Flatwoods and open gra~sy;'disturbed by previous clearin.g, at ground level and entry d~f rude, rat species. County site 'Eco-70 N 195-RR 23 Rd Cofi-idor . No on-site visit. Endangered species total 1. A continuation of si e #13, County site "Eco-70 S I95-RR 23 Rd :Corridor". No on-site visit. Small 'disturbed Pine Flatwoods ecotone with Florida Scrub. Caloosa Park. Cited for preservation due to location within a public park. Disturbed Pine Flatwoods with exotic weeds. Seen only from CCngress Ave. ~lready Developed. tead~ Developed. conunued ... -23- Table 2. Listing of Boynton Beach Natural Resoaree ~ites continued ... 'Site Geographic Area in Summary # Location Acres Evaluation Annotation !9' 43 45-29 2 34.4 A 20 43-46-05-3 21.8 C 21 42-46-01-1 60.2 X 22 43-45-06-1 44.5 X 23 43-46-04 7.8 C 24 43-46.04-4 8.7 C 25* 43-46-134-3 ' 50.4 A 26 43-46-04-2 11.0 C 27* 43-45-34 4.5 B 28* 43-45-33-3 2.9 A 29* 43-45-33-2 6.0 A 30* 43-45-22-3 23.5 A 31 43-45-15 5.8 D 32 43-45-15 4.3 C 33 43-45-15-4 I0.0 X 35 43-45-16-1 Il.0 B 36* 43-45-33-1 12.2 B 37* 43-45-09-4 12.5 A 38 43-45-09 12.4 D 39 43-45-22 3.2 D 40 43-45-22 4.3 B Narrow band; apparently mostly Brazilian Pepper. Development in progress. County site "Eco-85 Hunter's Run Golf". Cleared. Located in ttunters Run development. Cleared and abandoned Florida Scrub; a few oaks and herbaceous plants remain. South of County site "Eco-29 Seacrest Scrub". Pine Flatwoods ecotone with Florida Scrub, previously cleared stxips, heavily re-grown with vines. Near County site "Eeo 29 W Seacrest Scrub". Endangered species total 1. Florida Scrub and ecotone with Pine Flatwoods. County site "Eeo 29 Seacrest Scrub". Endangered species total 12. Mangrove about 2 acres; 8 acres grassy ruderal; more than 1/2 developed. Beach and Strand (ocean face of dune) with expected species; dune back is landscaped, rates "DTM. Preservation of the Beach and Strand e~osystems in their native state as far as this remains is recommended, as it is the only such site in the City. Sea oats and sea grape are protected by state law. Endangered species total 1. Mangrove with about I acre disturbed. (Aerials overlap; site appears on section 33 and 34.) Mangrove protection law. Mangrove having western border of disturbed Swamp with intermixed ornamental exotics. (Aerials overlap; site appears on section 33 and 34.) Mangrove protection law. Mangrove: site proposed for CARL acquisition Mangrove protection law. Mature planting of tropical ornamentals. Former horticultural garden under development. Disturbed Florida Scrub, cleared grassy ruderal west of Federal Hwy; cleared east of highway. Cleared. Approved for Bond Open Space purchase. Not in City; withdrawn from inventory. Cleared and partially regenerating Florida Scrub. County site "Ece-35 Boynton 20 Ave-1 St". Rated "B" due to endangered species, otherwise much disturbed. Endangered species total 7. Disturbed Florida Scrub. County site "Eco-29 N Boynton Water Tower". Endangered species lists - 2 species. Florida Scrub. County site "Eco-36 c Rosemary Scrub". Endangered species total 8. Abandoned mango grove and disturbed Florida Scrub. Abandoned mango grove. Are~ of secondary growth of black and white mangroves due to tidal flooding and deposition. Bounded or traversed by roadways, little apparent tidal flushing. Source: Walter H, Keller Jr., Inc. -24- CITY OF BOYNTON BEACH CONSERVATION ELENENT FIGUF~E 4 - NATURAL RESOUR£ES LEGEND MAPPED POTENTIAL INTERJURISDICTIONAL INCOMPATIBILITY RESOLUTION TABLE LOCAL GOYERNMENT A: I City of Boynton Beach LOCAL GOVERNMENT B: JPalm Beach County Pair Poly LG "A" Council Poly, LG ;~;"' -~ii'''': No. No. LUCode LUCode No. ! LUCode LUCode PotentlallnterjurlsdictlonallncompatibllityFindlng 1 2285 LDR R6 2268 INST CBF NO I.I. EXISTS; ADJACENT GOV. CONCURS 2 2285 LDR R6 2280 CU2 ~ C1 NO I.I. EXISTS; ADJACENT GOV. CONCURS 3 2285 LDR R6 2298 C/5 C2 NO I.I. EXISTS - SEE COMMENT FORM 4 ' 2285 LDR R6 2297 8 R12 , NO I.I. EXISTSi ADJACENT GOV. CONCURS 5 2285 LDR R6 ~230t 8 R12 NO I.I. EXISTS; ADJACENT GOV. CONCURS 6 2285 [DR R6 2363 IND IND ' ' , NO T · T · EXISTS ~ ADJACENT GOV. CONCURS 7 2285' LDR R6 ,2'368 8 Rt2 NO T.T. EXIST.q: ADJACENT GOV_ CONCiTRS 8 2285 LDR R8 ' 2390' 8 R12 NO I.I. EXISTS; ADJACENT GOV. CONCURS 9 ~;2288 R ROs !2273 Ct5 C2 NO I.I. EXISTS; ADJACENT GOV. CONCURS 10 2288 FI ROS ~290'i C/5 C2 NO I.I. EXISTS~ ADJACENT GOV. CONCURS 11 2293 LRC C2 2259 5. R6 NO I.I. EXZSTS~ ADJACENT GOV. CONCURS 12 ~299 MODR R,12 ~259 5 R6 NO I.I. EXISTS; ADJACENT GOV. CONCURS 13 :1233;1 LDR R6 ~2234 U/l- CBF NO I.T. EXISTS: ADJACENT GOV. CONCURS 14: ;~2332: HDR R12 '~234, U/]' GBF NO I.I. EXISTS; ADJACENT GOV. CONCURS 15 ~332 RDR R~IZ ~328 INST OBF ' NO I.T. EXISTS; ADJACENT GOV. CONCURS, 16 ,~8 MODR R1~2 '~312 5 R6 NO I.I. EXISTS; ADJACENT GOV. CONCURS 17 ~23381 MODR R~ ~328= INSt OSF NO I.I. EXISTS; ADJACENT GOV. CONCURS 18, 2338 MODR R121 ~358 C~ C2 ': 19, ~340 PPGI C~F: ,23 0 2 R8 NO I.I. EXISTS; ADJACENT GOV. CO~CURS ' 1 NO I.I. EXISTS; ADJACENT GOV. CONCURS 20 ~342 UEDR RiZ ~12 5 R6 NO I.I. EXISTS; ADJACENT GOV. CONCURS :21 2342~1 MEDR RI,2 ~58 C/8 C~2 NO I.I. EXISTS; ADJACENT GOV. CONCURS ,22 2855 I IND! ~2~ 5 R6 NO I.I. EXISTS SEE COMMENT FORM, 23, ~355 [ IN? ;~63 IND [~tD NO I.I. EXISTS; ADJACENT GOV. CONCURS ,24~ '2,361 PPG Clef ~358 C;8 6::2 NO I.I. EXISTS; ADJACENT GOV. CONCURS !25 '~00 ~ LRC 02' ~i0 8 R~:2 '~ NO I.I. EXISTS; ADJACENT GOV. CONCURS ;26 ~4~-: LRC C2 '~411 5 RS NO I.I EXISTS~ ADJACENT GOV. CONCURS 27 ; ~4~)0 LRC C2 ~1 8 R{2 ' , ' ~ NO I.I. ExISTs/ ADJACENT GOV. CONCURS ,2~ !~5~: 0C C1 ~4i~ 5, R8 NO T.I. EXISTS': ADJACENT GOV. CONCURS ~,2~, ~4581:, 0O 0I ~ CH~ 02 : NO I.I. EXISTS; ADJACENT GOV. CONCURS {~0' ~87 LRC 02: ~4§~ 8' R~2 NO I.I. EXISTS; ADJACENT GOV. CONCURS ~31 ,~,~ ;MODR RI~ ~ CH~8 G2 NO I.I. EXISTS; ADJACENT GOV. CONCURS ~!~32 ~!MoDR R12 ~7' 3 ~ NO I.I. EXISTS; ADJACENT GOV. CONCURS ~33 ~ ,~MODR R12 ~51t IND I,~D NO I.I. EXISTS; ADJACENT GOV. CONCURS 34 ~.,9~, ?MODR RI~ i~]~ CR/3 C2 NO I.I. EXISTS; ADJACENT GOV. CONCU:RS 35 ~ ,P~! CBF ~1~, 8 R~2 NO I.I. EXISTS; ADJACENT GOV. CONCURS ~ PRi~l CSF ~1~ IND IND NO I.I. EXISTS~ ADJACENT GOV. CONCURS Page I 37 2502 DC C1 2496 C/~ C2 NO T.T. ~'TSq~S; ADJAC'~1qT C~(-)V_ C'C)NCUR.q 38 2502 DC C1 250~ CHi3 C2 NO I. I. EXISTS: ADJACENT GOV. CONCURS 39 2~2 OC Cl 2513 C~3 C2 NO I.I. EXISTS; ADJACENT GOV. CONCURS 40 2604 LR¢ ' C2 2658' 5 R8 NO I.I. EXISTS - SEE CO}CMENT FOR~{ 41 2611 LDR R6 2675 INSI CBF NO I.I. EXISTS; ADJACENT GOV. CONCURS 42 2611 LDR R6 2707 IND IND . NO I.I. EXISTS; ADJACENT GOV. CONCURS 43 2619 OC C1 . 2618 C~ C2 NO I.I. EXISTS: ~DJACENT GOV. CONCUR~ 44 2640 HDR R12 i 2659 Cl5 C2 NO I.I. EXISTS; ADJAC~m',' GOV. CONCURS .46 2640 HDR RI~ 2660 5 R6 ~ NO I.I. EXiSTS~ ADJACENT GOV. CONCURS 46. 2662 LDR R6' 2659' C/5 C2 'NO I.I. EXISTS~ ADJACENT GOV. CONCURS 47 2662 tDR R6 ~o4 C/5 C2 NO T.T. EXT~qTS: ADJACENT GOV. CONCURS 46: ~ R ROS 2675 INS1' cBF NO T.T. E%fTSTS: AD,~AC~.NT GDV. CONCURS 49 2671 iRC . C2 '2636 5 · R6 :NO I.I. ExIsTs~ AbJACENT.GOV. CONCURS 50~ ~672 HDR RI2 2636 5 RS ~O I. ~. EXISTS; ADJACENT GOV. CONCURS 51~ 2676 GC C2 2658 5 R6 NO I. I EXISTS SEE COMMENT FORM NOTE: The potential Interjurisdictional Incompatibilities were discussed and resolved during a telephone conference with Palm Beach County Planner, Carl Flick, on August 16, 1990. Page 2 MAPPED POTENTIAL INTERJURISDICTIONAL INCOMPATIBILITY COMMENT FORM LOCAL GOVERNMENT: .PALM BEACH COUNTY MapPalrNo. ~ Polygon Nos. ~-'~&~ Land Use Codes F'-'~---]& ~ .Palm Beach County has agreed to require, when developed, sufficient ~uffering and screening of polygon#2290 in order to avoid creating an Interjurisdictionai Incompatibility with the City's polygon ~2285. Map Pair No. [--~'~-~ Polygon Nos. ~-~& [-~ Land Use Codes r--~-~& ~Coqnlzant of Miner Road ex~nslon, an~ ~he :eco~nda~on Comprehensive Plan regarding annexation in this area r an Interjurisdictional Incompatibility is unlikely. Howevert if industrial development precedes annexation, the City shall require the necessary screening to avoid an ~nterjurisdictional IncomDatibil~t with polygon ~2347. Both entities a~ree that an Interjurisdictional Incompatibility will be avoided. Page .. 1 MAPPED POTENTIAL INTERJURISDICTIONAL INCOMPATIBILITY COMMENT FORM LOCAL GOVERNMENT: PALM BEACH COUNTY Map Pair No. ~ Polygon Nos. ~& ~ Land Use Codes ~"--~& ~ The City has aqreed (with Palm Beach County) to reaulre an adeauate buffer between the planned commercial use to occupy Dolvcon ~2604 An approved site plan exists for Dotvqon ~2604 and will include a 6-foot, landscaped, wall (CBS) that will buffer the adjacent MapPalrNo. ~ Polygon Nos. ~"-~&~ Land Use Codes I c2 J& ~ If the small portion of polyqon ~2676 that abuts the unincorporated polygon fs developed co~ercial, the City's development requlations will ensure adequame bufferin~ from adjacent residential property. Palm Beach County is in aqreement with this action to avoid an InL~r ~urisdictional incompatibility' Page_ 2 MAPPED POTENTIAL INTERJURISDICTIONAL INCOMPATIBILITY RESOLUTION TABLE fOCAL GOVERNMEHTA: [ City of Boynton Beach LOCAl. c-ovrnumm s: I Town of Hypoluxo Pair Poly LG A Council Poly LG B Cou~l~ ................. : ............... No. No. Ltl Code LU Code No. tU Code I.U Code Potential Interjurlsdlcflonal Incompal btlity Finding ...... ~:::::..~::1 ......................... ::.:::.::: ~::i~=i!~:~i~ ~::-~:=:~:~ ......... ~::::~::,,,.:..- ....... 1 2361 PPGI CBF 2362 RM R6 NO I.I.' EXISTS; ADJACENT GOV. CONCURS , 2 2372 HDR R12 2369 4 C2 NO I.I. EXISTS; ADJACENT GOV. CONCURS 3 2374 HDR R12 2362 RM ~6 NO I.I. EXISTS; ADJACENT GOV. CONCURS 4 5 6 NOTE: It was confirmed that no ? Inter jurisdictional Incompa~ibi litie s exist between the City and the Town 9 i of Hypoluxo durinq a telephone 10 11 conference with Ms. Tr~la White. th~ Town's representative. The conferenc~ 12 occurred on' Au~ust~ 20, 1990. 14 15 16 ,, 21 2~ 2~ 25 27' ~0 32 ;/ 36 Page 1 MAPPED POTENTIAL INTERJURISDICTIONAL INCOMPATIBILITY RESOLUTION TABLE LOCAL GOVERNMENT A: I City of Boynton Beach NO. No. LU Code LUCode No. LUCode LU Co~ Potentiallnterjurisdlctlonal Incompatibility Finding ::'~/:~'~i..~i~'~'~::'.::?:.~'. ,~:~..'..'..~ ............... ~._....,: ........ : ................ ~"~i-'" '"~ 'J ..'::.i... ?:.::~ ::~ii-: I 2371 R R0$ 2464" PCON CON NO I.t. - UNLESS DISCUSSION IS NEEDED 2 3 NOTE: The Town of Ocean Ridge was not 4 '5 . .contacted due to the nature of the $ potential Inter jurisdictional Incompatibility {pol~qons #2371 and ' 7 8, ~2464 include the Intrac~astal 9 Waterway and a clump of manqroves). 10 16 17 20' ~ 23· 24 26: 27 28 · 32 : 33 Page 1 MAPPED POTENTIAL INTERJURISDICTIONAL INCOMPATIBILITY RESOLUTION TABLE LOCAL GOVERNN~NT A: I City of Boynton Beach LOCAL GOYERNMENT I~: [ Village of Golf PotentiallntedurlsdlcflonallncomPatlbllltyFIndlng NO I.I. EXISTS; ADJACENT GOV. CONCUR NO I.I. EX gOV I.I. EX ADJACENT GOV. no between the with Warren ~ ect for Golf The conference occurred on 17 1990. Page 1 MAPPED POTENTIAL INTERJURISDICrIONAL INCOMPATIBILITY RESOLUTION TABLE LOCAL GOVERNMENT A: [ City of Boynton Beach LOCAL ~ovEl~u~m B: I City of Delray Beach Pair Poly LG 'A' Councl! Poly LG "B" Council ....................... ~':~':~':~':~:~:~*~':*:*:*:":':~':':~:~"~': :~:::::::::::::::::::::::::::::::::::::::::::::~::::::::::::::::::::::::~::::::::::::::::::::*::::::::::::::::::::::::: No. Ho. LU ~ LU C~e Bo. LU ~a* LU ~ Potential Interjurlsdl~lonal Incomp~ibili~ Finding 1 ~11 LDR ~ ~91 IR C1 NO I.I. EXISTS; ~JACENT GOV. CONCURS 2 ~1~ ~DR ~ :~92 MD R12 NO I.I. EXISTS ~ ADJACENT GOV. CONCURS 3 26H LDR ~ ~ ~93 CFC CBF NO I.I. EXISTS: ADJACENT GOV. CONCURS 4 2611 LDR ~ 2718 ~R CBF NO I.I. EXISTS: ADJACENT GOV. CONCURS 5 26~ I IND__ 2721 CFP CBF~ ~NO I.I. EXISTS; ADJACENT GOV. CONCURS 6 -2674 [DR ~ ~ 27~3 ~' MD R~2 NO I.I. E · ~ XISTS ~ ADJACENT GOV. CONCURS 7 ~26~ LRC 02 ~ TR 01 N0 I.I. EXISTS; ~JACENT GOV. CONCURS 9 ~ NOTE: The City of Delray Beach 10 ~ concurred that no potential 11 Inter jurisdictional Incompatibilities 12 exist between the two Cities durinq a ~13 telephone conversation With Delray ~ 14 ~ Be~ch Planner Stan Weedon~ The 15 conference occurred on Auqus% 27,1990. 1 ' 61 17 18 ' I 22 23 25 26 27 28 29 31 32 33 35 Page I MAPPED POTENTIAL INTERJURISDICTIONAL INCOMPATIBILITY RESOLUTION TABLE LOCAL GOV£RNMENTA: I City of Boynton Beach _ LOCAL ~OVER~NT o: [ Town of Briny Breezes No. No. LUCode LUCode No. L~. LUCo~ ~o!?tlallnt~?rlsdlctlo~allncompatlb!lltyRnding ....~ ..............~ .z.....:.+.,.:.:<..+: :.,.:.: *,: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 1 2619 OC i Cl 2595 PKL8 CBF ~ NO I.I. - UNLESS DIscussION IS N~.EnED 2 2619 OC C1 2612 PUSP ~ CBF NO I.I. - UNLESS DISCUSSION IS NEEDED '3 -2619 OC 01 : 2615 C C2 NO I.I, - UNLESS DISCUSSION IS NEEDED 4 6 NOTE: Ms. Rita Taylort 'Clerk ProTemr was contacted on Auqust 30t 1990. The 7 ~Dotential Intar jurisdictional / 8 : 9 Incompatibilities are beinq addressed 10 ~b¥ the Town's attorney. 14 15 16 , 17 18 19 21 ,25 27 : 28 [ 30 , 31 F 32 35 Page 1 - _ MAPPED POTENTIAL INTERJURISDICTIONAL INCOMPATIBILITY RESOLUTION TABLE LOCAt GOV£nNMENTA: [ City of Boynton Beach -- ~ LOCAL GOVERNMENT B: ~ -- Potential InteUurlsdlctlonal Incompatibility Finding NO I.I. - UNLESS DISCUSSION IS NEEDED I.I. UNLESS DISCUSSION IS NEEDED NOTE: Mr. Dick Brendt, ~ontacte 31, zes. Planner, was 1990. The 'urisdictional 'addressed the Town of Briny Page 1 =~<,POLICY POTENTIAL INTERJURISDICTIONAL INCOMPATABILITY RESPONSE FORM /~/~// ~,AR~D NUMBER: Future Land Use Policy R~N~: ~ ~ ~ ~m~n~ ~n ~ln o~ ~ a~ a~p~on of ~un~ ~m ~ U~ e~me~. ~Refu~ fl~. P~a~ i~ts ~w ~ ~n of ~uiva~ ~s ~ o~s wi~n E~m~t- ; O~- ~ Po~- * ; Pa~- ~m~t- ; O~- ; Po~- ; ~. ~m~t- ; O~- ; P~- ; ~. ~. Ple~ ~l~ ~w ~ ~ur ~ ~ ex~ ~ m~ ~ ex~ ~ r~immen~ ~ ~s CFLUE ~1~: POIJCY AREA AND NUMBER: Future Land Use Policy 6 RESPONSE: ._~Will amend local comprehensive plan within one year after adoption of Count-~do Future Land Use e~ement. "]Refute fim~i~g. Please indicate below the location of equivalent policies or objec~ves within the iocaJ com~ebensh~e plan: Elemant- ; Objective- ; Policy- ; Page- Etement- ; Objecl~ve. ; Policy. ; Page- Elem~t- : Objective- ; Per, y- ; Page- "'~Other. Please indicate below how your locaJ government expects to meet o~ exceed ~e requirements of ~s CFLUE policy: Draft Policy: The City shall evaluate all ~roposed land use amendments for their possible multijurisdictional impacts. Dependinq upon the results of the evaluation, consider notifying adjacen~ municipalities or the County of the proposed amendment. POLICY POTENTIAL INTERJURISDICTIONAL INCOMPATABILITY RESPONSE FORM ~AR~D NUMBER: Future Land Use Policy 7 R~: ~ ~e~ ~1 ~n~ ~n ~n o~ ~ a~ a~pfion of ~n~ Fu~ ~ U~ e~m~. ~Refu~ fl~. ~a~ ~te ~w ~ ~ of ~uive~nt ~s ~ o~s wi~ln ~ ~ ~m~ ~an: E~m~b ; O~- ; Po~- ; Pa~- E~m~- ; O~- ; Pog~- ; ~. E~m~- ; O~- ; Po~- ; Pa~- ~r. Ple~ ~ ~ow ~ ~ur ~1 ~e~ e~ ~ ~et ~ ex~ ~ r~lmmen~ of ~s CFLUE ~1~ POUCYAREAANDNUMBER: Future Land Use Policy 8 RESPONSE: Will amend lecal oom~ehensive ~ within one year afte~ adoption of Count~de Futura Land Use e~ement. ~_JRefute I~nc~ng. Please indicate below the location of equivalent policies or objec~ves w~thin the IocaJ c~mpmhenslve plan: Element- ; Objective- ; Policy- ; Page- Element. ; Objectlw- ; Poi'uti,- ; Page- Element- ; Objective- ; PoricT- ; Page- --]Other. Please indicate below how your focal governmenl expects lo meet or exceed ~%e requirements of ~"Js CFLUE policy: ·-,POLICY POTENTIAL INTERJURiSDICT1ONAL INCOMPATABILITY RESPONSE FORM POUCY AREA AND NUMBER: Future Land Use Policy 14 RESPONSE: ~W~II amend local comprehensive p~an wilhln one yea~ after adoption of Countywide Future Land {Jse element. "]Refute Ilnclng. Please indicate below the location of equivalent pogcles or object,yes w~thtn ~e Ioca~ cempmhensive p~an: Element- ; Ol:~ve- ; Po~'T- : ; Page-. Element- ; Ob~ve- ; Po!~cy- ; Page- Element- ; Objective- ; Policy- ; Page- I~']Other. Please indicate below how your local government expects to meet or exceed ~3e requirements o! a~is CFLUE policy: Draft Pol±cy: The Citv shall avoid the unnecessary creation of I.T.'~ within Comprehensive Plan amendments and land development regulations. POUCYARF-..AAND NUMEER: Transportation Policy 1 RESPONSE: JWil~ amend local comprehensive id. an within one year after adoption of Count~de Future Land Use elernenL *--']Refute fining. Please indicate bek)w the location of equivalent policies or object~ves wfthin ff~e IocaJ comprehensive plan: Element-Traffic Circulation ; ObscUre- ;Po~cy- 2.5.3 ;Page- 43 Element- · Stlpu±ated Sett±emen5 ' Ob~c~ve- ;P0r~7~ 2. 6.3 .;Page- 43 Element'A~r~-~-m~-nt-Rcm. Action~ Ob~c~ve- ;Po~7- 2.1.6 ;Page- 1 -]Other. Please indicate below how your local govemmen~ expects ~3 meet or exceed Ihe requirements of ~315 CFLUE policy: Tn addition, the R±qht-of-Way Protection Hap may also be adopted throuqh the County Traffic Performance Standards Ordinance. ;POLICY POTENTIAL INTERJURISDICTIONAL INCOMPATABILITY RESPONSE FORM LOCALGOVEENMEN~: ICITY O~ BO~NTON ~AC~ , DATE:I ~ - ~Y AR~D NUMBER: Transportation Policy 2 4~N~: U~ ~Ref~ ~. ~a~ ~te ~w ~ ~of ~ulva~nt ~ ~ o~s ~n ~ ~ ~m~n~ E~m~t-Traffic Circuga~9~ :O~ ;Po~-2.5.3~ ;Pa~- 43 E~m~ .... Remedial Actions ~ O~- ;Po~- 2.1.6 ;~ 1 Emm~- ; O~- ; P~- ; ~- ~. Ple~ ~ ~low ~ ~ ~ ~mme~ e~ ~ m~t ~ ex~ ~ r~immen~ ~: C~UE Note: Both policies will ensur~ ~h~ the Thorouqhfare Riqht-of-Way Protection Map is adhered to and the levels of service correspondinq to the Protection Map are no~ exceeded. POUCY AREA AND NUMBER: Transportation Policy 3 RESPONSE: Jwgl amend local comprehensive plan wifi~in cfm year after adopl~on of Countywide Future Land Use element. (--~Relute firx~ng. Please ind..ate below the location of equivalent policies or object,yes within the local compcehensive pZan: E~menl-Traffic Circulation ; Observe- ;P0~cy- 2.6.3 ;page-43 E~mem- ; Ob~v~ ; Po~- ; Page- E~me~- ; OHec~ve- ; P0~cy- · Page- ~(~her. Please k~ca~ below how your ~ g0vemme~ exps~s ~ meet or exceed ~e re~ulremen~ of ~s CFLUE p01~y: Note: The above listed policy addresses the issue of relating development orders to the reservation or conveyance of right- of-way. .': POLICY POTENTIAL INTERJURISDICTIONAL INCOMPATABILITY RESPONSE FORM ~YAR~D NUMBS: Transportation Policy 4 R~N~: ~ ~e~ ~ ~m~n~ve ~n ~ln o~ ~ mfl~ a~p~on of ~un~ Fum~ ~ U~ e~menL ~Re~ fl~. ~a~ ~te ~w ~ ~t~n of ~uiva~nt ~s or o~s wi~tn ~ ~ ~m~n~ ~an: E~m~t- Traffic Circulation ; O~- 2.7 ~Po~- - ;Pa~- 44 E~m~t-Future Land Use ;O~- ;Po~- 1.9.3 ;~ 13 E~m~t- " ; O~- ;p~. 1.13.2 ;Pa~- 18 ~r. Ple~ ~l~ ~low ~ ~ur ~1 ~e~ ex~ ~ m~t ~ ex~ ~ r~lm~nts of ~s CFLUE ~1~: In addition to: Future Land Use 1.15.1 19 1.15.2 20 1.16.1 22 Traffic Circulation 2.1.5 40 Housinq 6.2.6 79 Coastal Management ...Remedial Actions 6.$,1 79 7.9.6 92 2.11.1 2 2.11.2 2 2.11,4 2 Policy 5 POUCY AREA AND NUMBER: ~ranspora¢~on RESPONSE: JWill amend local comprehensive p~an wi~tn one year after adop§on of Count-~ade Future Land Use elemenL "'~Refute tinting. Please indicate below the location of equivalent policies or objec~ves within the locaJ comprehensive plan: Element-...Remedial Actions ; Ob~c~e- ;Po~z 2.1.6 ;Page. 1 Element- ; Objective- ; Pormy- ; Page- Element- ; Objective- ; Po,qcy- ; Page- '~Other. Please indicate below hew your local govemmenl expects to meet or exceed ~3e recF~irernents of this CFLUE policy: Note: Policy 2.1.6 is a general policy which addresses compliance with the County ordinance. POUCYAREAAND NUMBER: Agriculture Policy 1 RESPONSE: JV~I amend k~al cempmhen~ve p~n within one year after adopdon o! Coun~de Furore Land Use eiomen~ -]Refute tinting. Please Indicate below the location of equivalent policies or objectives within the tocai c~mpmhens~ve p~an: Elemenl- ; Objective- ; PoE~%,- - ; Page- Element- ; Ob~ve- ; Policy- ; Page- Element- ; Objective- ; Po~cy- ; Page- Other. Please indicate below how your local government expe~ts to meet ar exceed the requirements of ~s CFLUE policy; N/A Note: This policy should not apply to the City of Boynton Beach since virtually all property currently in agricultural use is well within the path of development, and that our policies that discourage urban sprawl and attempt to contain developmen~ are sufficient. POUCY AREA AND NUMBER: Education Policy 1 IESPONSE: Jwi~ amend local oornpmhensive plan within one year alter adoption of Count~de Future Land Use element. Refute tinting. Please indicate below the location of equivalent policies or objectives within the IocaJ comprehensive p~an: Eiom~t-Interg°vt' C°ordinati~,rob~ve. 8.22 ;Po~- 8.22.1 ;Page- 107 Eioment- ; Ob~ctive- ; Policy- 8.2 2.2 ; Page-. 10 7 Eiorne~t- ; ObScUre- ; Po~cy- ; Page-. O/her. Please indicate below how your local government expects to meel or exceed ~he requirements of ~%ts CFLUE policy: Note: The above listed policies provide for ample coordination with the Palm Beach County School Board. In addition, although such policies would provide for the collection of information (t~v~ically found in an lmDac~ statement) requested by the School Board, the City is attempting to streamline the develop- ment approval process, not lengthen it. POLICY POTENTIAL INTERJURISDICTIONAL INCOMPATABILITY RESPONSE FORM LOCAL( DATI 9/19/90 POL~Y AREA AND NUMBER:Education Policy 2 RESPONSE: ~M~ amend tocaJ compmben~Jve p~n wi~n one year a~ar adop~on of Couatywide Future Land Use element. ~Refute flnclr~. F~ease Ind~ate bek~w the h~at~3n of equivalent PO~c~es or o~ecflves w~th~n the ~ comprehensive p~an: Element- ; ObScUre- ; Po~cy- ; Page- Element- ; Objec~ve- ; Po~cy- ; Pag~ Element- ; Objec~ve- ; P~cy- ; Page- ~O~er. Please ~<flcate below how your local gevemmer~ expects to meet ar exceed ~e requirements of ~';s CFLUE polly: Draft Policy: The City will ensure that the availability of support infra- structure for educational fac~] ~P~ ~.s ~n,~dPr~ durinc~ the development approval process. Note: The siqnificant demand for educational facilities, backloqqed status of school development, prevents this from bein~ feasibile or practical. POUCY AREA AND NUMBER: Education Policy 3 RESPONSE: X_JWill amend local com~ehens~ve pan within one year afte~ adop§on of County~de Future Land Use e~ement. -~Re~ute finc~ng. Please ~d~ate be~w the location of squiva~n! po~c~s or ot~ec~ves within the ~ comprehensive ~an: E~ement. ; Objec~ve- ; Po~cy- ; Page. Element- ; ObScUre- ; PoFmy- ; Page- E~ement- ; Objecave* ; Po~y- ; Page- ~Other. Please ~3c~cats below how your ~0cal gevemment expects to meet o~ exceed ~e requirements of ~$ CFLUE pol~/: Note: The amendment will likely include a revision to Policy 8.22.2 ~o provide for the possible coordination of capital improvement programs. ..POLICY POTENTIAL INTERJURISDICTIONAL INCOMPATABILITY RESPONSE FORM POIJCY AREA AND NUMBER: Historic Preservation Policy 3 Jwlli amend lecal comprehensive plan wt.,in one year after adoption of Countywide Furore Land Use element. X']Refute tim:lng. Please indicate below the location of equivalent policies or objectives within ~e k;caJ comprehensive p,ran: Element- _See ~ote below ;Ob~ve- ;Policy- ;Page- Element- ; Objec~ve- ; Policy- ; Page- Element- ; Objective- ; Policy- ; Page-. pother. Please indicate below how your local govemmen~ expects to meet or exceed ~e requirements of ~is CFLUE policy: Note: Ail Historically Significant residential structures are identified on the Future Land Uses-Natural Resources and Parks Map. and %he uDdatin? of said Iisi would be_~over_n.e~.~. according to the proposed Histic Preservation Ordinance. · POLICY AREA AND NUMBER: Historic Preservation Policy 4 RESPONSE: Jwiti amend local comprehensive plan within one year after adop§on of Countywide Fu~re Land Use elemenL ~---]Refuts fic, dlr~l. Please indicate below the location of equivalent policies or objectives within the local comprehensive plan: Elomef~t-Future T,and Use ;Objective- ;Policy-1-11-11 ;Page- ].6 Element- " ; O~ective- ; Porky-1.11.12 ; Pag~ 16 Element- ; O~eclive- ; Policy-1.11.13 ; Page- 16 ~ ~Ouslng b. /. 3 34 Other. Please k~cate below how your kx:al government expects to meet or exceed the requirements of this CFLUE policy: Note: The above listed ]policies will ensure the estab'i±sb, ment of a method of identifying and preserving historic properties, in addition to a Historic Preservation Ordinance to be adopted within the first wave of development regulations. - POLICY POTENTIAL INTERJURISDICTIONAL INCOMPATABILITY RESPONSE FORM POUCY AREA AND NUMBER: Water Policy 2 RESPONSE: JWl~ amend local comprehensive p~an wi~ln one ),ear eft~ adop6on ol Count~,~de Fu[um !.amd Use e~ement ~--'] Refute flr~dr, g. P~ease indicate below the !ocatlo~ of equivelen! po§cles or objecffves within the IocaJ comprehensive plan: E~ement-~ater ; Ob~ve- ;Pol~7- 3B. 2... I ;Page- Element- ; Ob~ve- ; Policy- 3 ~. 2.2 ; Page- 5 Element- ; Ob~ve- _; Policy- 3]~. 2.3 ; Page- 53 Other. Please ir, olcate below how your local government expects to meet or exceed ~e requirements of this CFLUE policy: 3B.2.6 53 i~O'C~D.Le Water 3C. 3. ].-6 57 Natural Groundwater Aquifer Recharqe 3D. 1.1-. 4 ~0 Interqovernmental Coordination 8.18.2 1 0 6 Note: The above listed policies d~rec~ly and ind~w~fly ~Areqq the conservation and protection of the City's water resources. Purthermore, the Plan was found to further, end b~ ~SiSfe~t with State Policy 8(b) (9): "Protecn aquifers from depletion and contamination throuqh appropriate requlatory proqrams and incen=ives. PO~CY AREA AND NUMBER:Water Policy 4 RESPONSE: _.Jw~li amend local comprehensive plan w{thin one year after adoption of Count.jw~de Fulure Lar~d Use e~ement. X--1Refute finc~r,g. Please i~:licate below file location of equivalent policies or object, yes withkt the IoceJ comprehensive plan: Element- Future Land Use .;Ogec~ve-1'7 ;Policy- 1.7.2 ;Pag~10 E~ment- ; Ob~c~- ; Policy- 1.7.5 ~. 6; Page- 11 Eleme~- ; O~ecgve- ; Policy- ; Page- ]O~er. ~easa P~fica~ below how your kx~ g0vemmem sxnects ~ meet or ex~d ~e requirements of ~s CFLUE polkT: Note: The above listed policies directly or indirectly ensure that the City will adopt similar standards %o, and comply with standards oft the SFWMD. ,:POLICY POTENTIAL INTERJURISDICTIONAL INCOMPATABILITY RESPONSE FORM BOYNTON BEACH DATE: POUCY AREA AND NUMBER: Environmental Policy 3 RESPONSE: WII amer~:t k~.al compmhon~¥e plan ~hln on~ ~ar a~t~- adoplion o[ ~ount~l~ ~etum Land U element. IX ~Re~u~ flnclr'~. F~ase lndlcate below ~ Iocatlen o~ ~qul¥~lent poli~ or ol~:~v*~ ~l~hin ~h~ local campml'~nsl~ plan: I Eleme*'lt- Conservation .; O~- ;Pol~- 4.3..1 ;Page- 5 Element- _.; Obje~ve- ; Policy- ; Page. Element- ; Objec~ve- ; Policy- ; Page- --]Other. Please trx:licate below how your local gevemment expects I~ meet or exceed Ihe requirements of fi.is CFLUE policy: Note: The natural resources areas are identif~ in the Conservation Element and adopted by reference in Policy 4.3.1. In addition, the "A" rated ecos_vs~ems on the Future Land Use Map bv the Conservat~o~ and are also referenced in Policy 4.3.1. It should also be noted that Policy 4.3.6 requires the C~y participate in pro,rams and adopt mod~] c~-a~nsm(-,~q r]~='~,~'ln~,=a the Planninq Council"for the purposes of protecting ...natural resourcas.." This policy is mmplemented throuqh a req~. in th~ zn the draft ordinance that requmres that "all applications sha' as developed by the Planning Council". ~YAR~D NUMBER: Environmental Policy 4 R~NSE: a~ ~l ~m~n~ ~n ~in o~ year afl~ a~p~on of ~un~ Fu~m ~ U~ e~ment. ~--1Refute fln~r~j. Please indicate below the location of equivalent policies or objeclJves within the local c~mpmhenslve ~an: Element- Capital Improvements ; ObscUre- ;po~-9D. 5.2 ;Page- 109.17 Element- ; Objective- ; Por~cy- ; Page. Element- ; ObjeclJve- ; Policy- ; Page- ]Other. Please indicate below how you~ local govemmen~ expects to meet or exceed the reqJlrements of ~15 CFLUE 13olloy: Note: Policy 9D.5.2 provides for the necessar,v exemption criteria based on developmen~ status. In addition~ the City's draft Environmentally Sensitive Lands Ordinance, in Section 7.5-79, includes an appeals ~rocess regarding the identificatio' of a sensitive site. POLICY POTENTIAL INTERJURISDICTIONAL INCOMPATABILITY RESPONSE FORM 19/90 POMCY AREA AND NUMBER: Environmental Policy 5 RESPONSE: ~Jv~ amend k~d compmhen~ve plan v~n o~e year ~tsf adop~on of Coun~y~de Future Land Use e~ment. ~Refute tinting. P~ease Ind~ate bek~w [he k~aUon of equtva~nt polides or o~ec~ves wiflfln the Ioc~ compmhensh~ ~an: E~ment- ; Ob~c~ve- ; Po~y- ; Page- E~ment- ; Ob~c~ve- ; Po§cy- ; Page- E~eme~t- ; Ob~ec~ve- ; Po~cy- ; Page ~Other. Please k3dtcate below how your k3c~ govemme~ expects to meet or exceed ~e reqJimments of ~is CFLUE polly: Note: Amendment will li~_]_~ in order for it to also include a requirement to provide the Plannin~ Council with the list of sites that are exempt from natural area dedication requiremenss. POUCY AREA AND NUMBER: Environmental Policy 6(1) RESPONSE: JWi~ amend k>cal comp~ehen~ve p~n v~3in one year after adopaon of County~de Futura Land Use e~ment. ~Refute ~n~ng. P~ase ind~ate bek~w ~le Iocat~n of equiva~nt po§cJes or o~ec~ves ~thin fl3e Ioc~ compmhensh/e ~an: E~ement- Future Land Use ; Ob~flve- ;Po§cy- 1.11.14 ;Page- 17 ~eme~t- Conservation ; Ob~c~ve- ;P0~cy- 4.3.5 ;Page- 67 E~ment- ; Ob~c~ve. ; Po~cy- ; Page- ~O~her. Please kxficate below how your kx~ government expecls ~ meet or exceed the requImments o! ~ds CFLUE polly: Note: In addition, these policies will be implemented and expanded upon within the Sensitive Lands Ordinance. :POLICY POTENTIAL INTERJURISDICTIONAL INCOMPATABILITY RESPONSE FORM CITY OF BOYNTON BEACH POUCYAREAANO NUMBER: Environmental Policy 6 ~ 2) amend ~ compmhen~ve p~n ~thln one year sfm adop~on o! County~de Fu~re La~d Use e~ment. X--~Refuts flnclng. P~ease ~d~cate be~0w the k~atbn of equivalent po~ctes or ot~ec~ves within ~e IocaJ comprehensive E~eme~t- ; Ob~ve- ; PoUch- ; Page- E~eme~t- ; Ob~ve- ; Po~c~- ; Page- E~eme~t- ; Objec~ve- ; Po~cy- ; Page- ~O~er. Please ~ndicate below how your ~ government expects to meet or exceed ~e requirements of Note: The Environmentally Sensitive Lands Ordinance ~rovides the City the option of establishing a "fee-in-lieu-of-land program" for areas determined to be too small to preserve. In addition, what is the multijurisdictional value of a natural area that is_less than 1.6 acres in size (unless part of larger natural area). POUCYARF~AND NUMSER: Environmental Policy 6 (3) RESPONSE: Jv~m amer~ k~a] comp~ehen~Jve p~an v~thin one year after adoption of Cour~de Fuh,re Land Use e~ment. X--]Refute fir~ng. P~ease ind~ate bebw the Imt~n of ~uiva~nt ~fi~s or o~eca~s ~in ~ ~ ~m~ns~ ~: E~m~t. Rec. and Open Space ;O~- 5.8 ;p~. 5.8.1 ;Pa~- 77 E~m~t- Conservation .; O~- ; P0~- 4.3.2,. ~ fPa~- 66 E~m~t- ; O~- ; p~. .1 ~r. Ple~ ~ ~low ~ ~ur ~ ~mme~ exes ~ m~t ~ ex~ ~ r~immen~ of ~s CFLUE ~1~: Note: The above mentioned policies address mana~in~ Dreserve~ sites, adjacent land development, and funding. Furthe~ore, the Sensitive Lands Ordinance would~ once adopted, provide additional, and more detailed, management techniques, :POLICY POTENTIAL INTERJURISDICTIONAL INCOMPATABILITY RESPONSE FORM ~MENT: CIT~ OF BOYNT( ~90 POUCY AREA AND NUMBER: Environmental Policy 6(4) RESPONSE: amend local comprehensive p~an within one year sft~ adoption of Countywide Future Land Use elernent. ~--"]Refute flrxJng. Please Indicate below the location of equivalent policies or obJeclive$ within the IoceJ comprehensNe p~an: Element- ; Ob~ve- ; Policy- ' ; Page- Element- ; Objective- ; Po~.:y- ; Page- Element- ; Objective- ; Poilcy- ; Page- -1Other. Please indicate below how your local govemmem expects to meet or exceed the requirements of this CFLUE policy: District will ensure such areas are preserved according to the preservation policies in the Future Land Use and Conservation Elements. POUCY AREA AND NUMBER: Environmental Policy 6 (5) RESPONSE: __1WII3 m'nend local cornp,-ehen,~ve p/an within one year after adoption of Countywide Future Land Use element. ~----]Refute Iinding. Please indicate below the location of equivalent policies or objec~ves within the Iocat ~rnpmhensive plan: Element- Conservation ;Objective- ;Policy. 4.3.8 ;Page- 67 Element- ; Objective- ; Policy- ; Page- Element- ; Objective- ; Policy- ; Page- -']Other. Please indicate below how your local govemmen~ expects to n'met m' exceed the requirernents of this CFLUE pol~/= Note: Pol±cy 4.3.8 addresses prema*cure land excavation, ';n addition to the land management techniques included throuqhout draft ordlnan ~e. · 'POLICY POTENTIAL INTERJURISDICTIONAL INCOMPATABILITY RESPONSE FORM LOCAL. GOVERNMENT: DATE: POUCYAREAANDNUMBER: Environmental Policy 6(6) RESPONSE: JV~l~ amend local comixehenstve p~an wt~In one year after adopl~on of Count~de Futura Land Use element. -']Refute fin(lng. Please indicate below the location of equivalent pormles or ol~ectJves within the ioceJ comp~ehensIve ~an: Element- ; Objective- ; Polly- ; Page- Element- ; Ob~,eclJve- ; PotIcy- ; Page- Element- ; Objec'~ve- ; Policy- ; Page- '-]O~her. Please indicate below how your local government expects to meet or exceed the requirements of this CFLUE policy: Response: Sites containing less than 1.5 acres of environmen~ significant land are no= identified as an "A","B", or "C" rated rated ecosystem within Table 4 (see Policy 3 response1, and ere therefore excluded from most of the City's preservation policies PO~CY AREA AND NUMBER: Environmental Policy 6 (7) RESPONSE: JWill amend local coml:~ehensJ,,~e i::~an within one year after adop§on of County~de Fu~m Land Use element Y f--1Re[~ute fining. Please indicate below the location of equivalent policies or objeclives within the k, ceJ comprehensive plan: Element- Conservation ; O~ec~ve. ;P0~cy- 4.2.15 ;Page-66 Element- ; Objec~ve- ; Policy- ; Page-.. Element- ; Ob;~ec~ive. ; Porto. y- ; Page- Other. Please indicate below how your locaJ government expects to meet or exceed the requirements of tNB CFLUE policy: Note: In addition to Policy 4.2.15, the draft Env. Sensitive Lan. ds Ordinance creases restricted development zones intended to regulate land adjacent to sensitive zones (see pq. 12 of ordinancet . · ' POLICY POTENTIAL INTERJURISDICTIONAL INCOMPATABILITY RESPONSE FORM OF DATE: / 9 0 POLICY AREA AND NUMBER: Environmental Policy 6 (8a,b,c) RESPONSE: ~__JWill amend local comprehensive plan wilhin one year after adoplion of Coun[yw~de Future Land Use element. '-]Refute finding. Please indicate below the location o! equivalent policies or object, yes within the IocaJ compmhensJ~m plan: Element- ; Ob~ve- ; Policy- ; Page- Element- ; Ob~ective- ; Policy- ; Page- Element- ; Objective* ; Policy- ; Page- --1Other. Please indicate below how your local government expects to meet or exceed ~e requirementsof this CFLUE policy: Note: Plan amendment will likely involve revising Policy 4.3.4 in order to include notification to adjacent municipalities and the Planninq Council. PODOY AREA AND NUMSER: Annexation Policy 1 (a) RESPONSE: ....~W~l~ amend local comp~ehensJve p~an wilhin ~ year a~ a~p6on of ~un~ Fu~m ~ U~ e~menL '~Refute tinting. Please indk~ate beiow the location of equivalent policJes or objec~ves within ~3e lecaJ compcehensive plan: Element- ; ObjeclJve- ; Policy. ; Page- Element- ; Object~ve- ; Policy. ; Page- Element- ; Objecl~ve- ; PoEcy- ; Page- -]Other. Please indicate below how yoar local government expects to meet or exceed the requirements of ~ls CFLUE policy: Note: The western limit of annexation has recently b~en chanqe( (a ,City Commission decision) from Lawrence Rd. to the western urban service boundary-the E-3 Canal. This is indicated as the Reserve Annexation Area boundary on the Annexation MaD. This boundary will be added to the Future Land Use Map or map series. POUCY AREA AND NUMBER: Annexation Policy 1 (b) RESPONSE: JW',I~ amend local comprehensive p~n wi~ln one year aft~' adoption of Coun~,.wide Future Land Use e~ement. .~Refute flr',dng. Please Indicate below the location of equivalent polioles or obJectfveswithin the IocaJ comp~hensNe p~an: Element- Future Land Use ; OHec~ve- 1.4,1.5;Policy-1.4.8,4. l~age- 6 Element- , ObScUre. ; Percy-1.4.12 : Page- 7 Eleme~- Sanitary Sewer ; Ob~ve- 3A. 2 ;Policy-3A. 2.1 ;Page- 48 -]Other. Please indicate below how your Iocalgovemment expects to meet or exceed ~e requirements of this CFLUE policy: Potable Water 3C.1.5,2.3 55 Drainage 3B.1.3 51 Rec. and Open Space 5.2.2 73 Note: The above listed policies address the provision of facilities wL~hin the utility service area. POUCY AREA AND NUMBER: Annexation Policy 1 (c) RESPONSE: _Jwili amer~l local comprehensive p~an within one year a~ter adoption of County~de Future Land Use eiement. -']Refute firx~ng. Please indicate below the location of squNaient policies or ob~ecl~ves within the local comp~ehensive plan: Element- ; Ob~ec~ve- .; Policy- ; Page- Element- ; Objective- ; Policy- ; Page. Element- ; Ob~eclJve- ; Policy- ; Page- -)Other. Please ~:f~cate below how your kx::aJ government expects to meet o~' exceed ~ requirements of this CFLUE policy: N/A Note: The City is a primary provider of water and sewer service within the utility service area. As for other services, annexatIon is contingent upon the area being adequately provided with services from the City. It is not likely that services · will be required from other municipalities. : 'POLICY POT ENTIAL INTER JURISDICTIONAL INCOMPATABILITY RESPONSE FORM POUCYARF_AAND NUMBER: Annexation Policy 1 (d) RESPONSE: JW11t ~mend ~oc. al comi:xehensive I:x~n w~thln one year a~ef adop~on of Coun[ywtde Future Land Use element. "~']Refu~e fin(lng Please Indicate below the location of equivalent poilcles or ob~ecl~ve$ within tt~ Io~ comprehen.~ ~an: Element- Sanitary Sewer ;O6Jec~ve- 3Ao2 ;pollcy.3a.2.~r3.;]page.~? E~ment- Future Land Use ; OHec~ve- ;Po~cy- 1.5.9 :Page- 9 E~ment- Drainage ; Ob~ve- ;P0~cy-3B. 1.3 ;pag~ 51 ~] O~%er. Pleas~ k3olca~ below how your local government expels t3 meet or exceed the reqJJrements ol ~s CFLUE p~l~y: · ..Remedial Actions 9D.5.4 Note: The above listed ob~.ective and policies address ~he issues fo adequane services tor and establishment of level of service standards for, newly annexed areas. POUCYAREAAND NUMBER: Annexation Policy l(g) RESPONSE: ~..=~Jwi~ emend local comprehensive p~an w~in one year after adop§on of Countywide Future Land Us~ e~emenl. ~Refute tinting. P~ease ~d~ate be~w the location ot equivalent pelic~es or ot~ec6ves v~thin the Ioc~ comp~ehen~ve ~an: Etement- ; Ob~ec~ve. ; Po~cy. ; Page-.. Element- ; Ob~ve- ; Po~cy- ; Page. Element- ; Ob~ec~ve- ; Po~cy- ; Page- ~Other. Please k~ficate below bow your kx~] government expects to meet or exceed ~e requirements of ~s CFLUE pol~/: Note: It is likely that the future Plan amendment will include a revision 5o Policy 8.10.1 to incorporate the requirement that the Planninq Council Ks notified of all annexations, :' '_POLICY POTENTIAL INTERJURISDICTIONAL INCOMPATABILITY RESPONSE FORM CIT% DATE: POUCYAREAAND NUMBER: Housing Policy 1 RESPONSE: JW~II amend local comprehensive p~an wi~ln one year after adoption of Countywide Future Land Use element. X--']Refuts flndlr, g. Please tndlcats below the location of equivalent policies or ob~ecti~s within the IocaJ comprehensive p~an: Element- Housing ;Ob~c~ve- ;Po~- 6.1.1, .3;Page- 78 Element- ; O~ec~- ; Po~- 6.2.6 ; Page-~ 79 Eleme~- ; Ob~c~ve- ; P~cy- 6.3.12 ; Page- 81 6.4 2 Bl.1 ~f~her. Please ~lo~cats below how your local govemme~ expels ~ meet or exceed ~e requlremen~ of ~s C~LUE polly: Note: The above listed policies have been adope~ with th~. intent to lessen the burd~ on d~v~]~p~r~ of affordable housing and to creaze incentives to accomplish same. In addition, the City's Comprehensive Plan includes policies that i~f~se~ a comprehensive program aimed at increasing the availability of affordable housinq and community redevelopment. - POUCYAREAAND NUMBER: Housing PolicV 2 RESPONSE: ._.JW~li amend local comp('ehensive p~an within one year after adop~on of Countywide Future Land Use element. ~---]Refuts finc~ng. Please indicate belew the location of squivalent policies or objec~ves w~thin the tocaJ compcehensh,,e plan: Eleme. t. Housing ; Ob~c~ve- 6 . I . . 3 :Po~cy~. 1 . ] ;Page- 7 6.2.2, .4 Element- ; Objec~ve. ; Policy-C~._3_,_/..~ Page- 7 Element- ; Objective- ; Po~cy.6.3 . 12 ; Page.. 8 --]Other. Please ir~dicats below bow your local government expects to meet or exceed the requirements of lh~s CFLUE policy: 6.4.1, .2 81 6.8.2~ .3 84 Future Land Use 1.13.2 18 Note: The above mentioned objectives and policies sufficiently {according no the minimum criteria outlined in F.A.C Chapner 9J-5) the issue of affordable housing through financial assistance, infill site identification, nonconforming lot development, and assistance programs. POLICY POTENTIAL INTERJURISDICTIONAL INCOMPATABILITY RESPONSE FORM LOCAL GOVERNMENT: POLICYAREA AND NUMBER: RESPONSE: Housing Policy 3 I DATE: Jw~li amend local comprehensive p~n within or)e year after adoptlen of Countywide Future Land Use element. ~-']Refuts fir',dc, g. Please indicate below the location of equivalent polities or obJectJvee within the locaJ comprehensh,'e plan: Element-Housing ; Ob~c~ve- ; P0~cT- 6.3 .'8, . 9 ;Page- 81 Element. Interqovt. Coordinatio~ob~c~. 8.22 ;Po~cy~. 22.1,. 2tPage-107 Element- ; Ob~ve. ; Policy- ; Page-. -]Other. Please k, olcate below how your local government expects to meet or exceed ~ requirements of Ibis CFLUE policy: Note: The listed policies, alonq with those that initiate coordination with the School Board (see Education~ may adequately address the issue of school inteqration. POUCY AREA AND NUMBER: RESPONSE: Jwili amend locaJ comp,'ehensive plan within one year after adop§on of Countywide Future Land Use element. -]Refute fi~c~r~j. Please indicate below the location of equivalent policies or obje¢~ves within the local comprehensive plan: Elemor~t- ; Object'ye- ; Policy- ; Page- Element- ; Objective. ; Policy. ; Page- Element- ; Objeelive- ; Policy- ; Page- 7Ot."~r. Please indicate below how your local gevemmem expects to meet or exceed the reqJ[rements of th~s CFLUE policy: