O89-46ORDINANCE NO. 89- ~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 7.5 ENVIRONMENTAL
REGULATION BY CREATING A NEW ARTICLE IV.
ENVIRONMENTALLY SENSITIVE LANDS AND BY
ADDING NEW SECTIONS 7.5-59 THROUGH
7.5-63; PROVIDING FOR THE PROTECTION AND
PRESERVATION OF ENVIRONMENTALLY
SENSITIVE LANDS; PROVIDING FOR AN
ENVIRONMENTAL IMPACT ASSESSMENT PROCESS
AND REGULATION OF DEVELOPMENT; PROVIDING
FOR MITIGATION UNDER CERTAIN
CIRCUMSTANCES; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE AND
AUTHORITY TO CODIFY; PROVIDING AN
EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, certain geographic areas within the City of
BoyntOn Beach may contain high-quality native Florida
ecosystems ("environmentally sensitive lands"); and
WHEREAS, these environmentally sensitive lands provide
important and valuable support services such as groundwater
retention and recharge, flood, and erosion control, and
enhancement of air and water quality; and
WN~RREAS, endangered, threatened and rare plant and
animal species, and species of special concern to the State
of Florida may be part of, and may be dependent upon, these
environmentally sensitive lands; and
WHEREAS, these environmentally sensitive lands are part
of the heritage of the citizens of Bo~nton Beach, provide
show places for visitors and enhance the overall quality and
diversity of life in Florida; and
WHEREAS, alteration or destruction of these
environmentally sensitive lands could result in a potential
harm to and degradation of groundwater, surface waters, and
air quality; and
W~EEREAS, the City Commission of the City of Boynton
Beach desires to discourage the harm recited above and
maintain the biological diversity of the municipality by
protecting these environmentally sensitive lands from
degradation and loss.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That Chapter 7.5
Environmental
Regulation is hereby amended by creating a new Article IV.
Environmentally Sensitive Lands, Sections 7.5-59 through
7.5-63, which shall read as follows:
Sec. 7.5-59. Permitting Requirements -
Environmental Protection
The purpose of this section is to
preserve and protect the values and
functions of environmentally sensitive
lands from alterations that would result
in the loss of these lands or
significant degradation of their values
and functions. An environmental impact
statement .shall be submitted with all
applications for site plan approval and
such statement shall address and
identify any and all endangered,
threatened and rare species and species
of special concern as defined in Sec.
7.5-60(c) hereinbelow as well as areas
of concern set forth in the Palm Beach
County Wellfield Protection Ordinance.
If none exist, the applicant must so
state and provide support documentation
to the Planning Department.
Sec. 7.5-60 Definitions.
(a) Alteration. Any activity which
results in the modification, variation
or transformation of environmentally
sensitive lands, including, but not
limited to, placement of vehicles,
structures, debris, or any other
material objects thereon, introduction
or injection of water or other
substance, and removal, displacement or
disturbance of plant or animal-species,
soil, rock, minerals or water.
(b) Ecosystem. An assemblage of living
organisms (plant, animals,
microorganisms, etc.) that functions as
a dynamic whole through organized energy
flows.
(c) Endangered, Threatened and Rare
Species and Species of Special Concern.
Species listed as endangered,
threatened, rare or of special concern
by one or more of the following
agencies:
(1) U.S. Fish and Wildlife
Service.
(2) Florida Game and Fresh Water
Fish Commission.
(3) Florida Committee on Rare and
Endangered Plants and Animals.
(4) Florida Department of
Agriculture.
(5) Treasure Coast Regional
Planning Council.
(d) Environmentally Sensitive Lands.
Ecological sites (ecosites) representing
high-quality native Florida ecosystems.
(e) Native Florida Ecosystems. A
self-organized ecosystem of a type
existing in Florida prior to European
colonization and containing
predOminantly native species.
Sec. 7.5-61. Review Procedures
Proposed Land Alterations.
for
All 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 his or her
designee. This study shall include, but
not be limited to, the following
information:
(a) Site Conditions
(1)
Site location map - with the
specific property clearly
indicated.
(2)
Aerial photograph - with the
specific property clearly
indicated (scale: 1" - 600' or
less).
(3)
Detailed map of existing
terrestrial and aquatic
vegetation, including exotic
species with jurisdictional
limits of wetland jurisdiction
of the U.S. Army Corps of
Engineers and the Florida
Department of Environmental
Regulation.
(4)
(5)
Soil types and conditions.
List of endangered, threatened
and rare species and species
of special concern found on
site.
(6)
(7)
Colonial bird nesting or
roosting areas or areas in
which migratory species are
known to concentrate.
Archaeologically
historically
features.
and/or
significant
(8)
Geologically
features.
significant
(9)
Areas of previous disturbance
or degradation, including
present and past human uses of
site.
(10) Surrounding land uses.
(b) Project Designs
(1) Conceptual footprint of site
development, including buildings,
roadways, parking areas, utilities,
water features, flood control
structures, stormwater systems,
wellfield locations, landscaped
areas, buffer areas, preserve
areas, and other open space areas,
as an overlay to vegetation mapping
detailed in Section 7.5-61(a)(3)
above.
(2) Existing zoning.
(3) Status
approvals,
applications.
of development
including permit
(c) Project Operation
(1) Description of proposed
operations to be performed on site
including use, storage, handling or
productions of substances known to
be harmful to humans, plants,
and/or animals.
(2) Identification of any
pollutants expected to be emitted
during project operation.
(3) Identification of timing and
source of noise and/or vibration
impacts on resident a~d~a~d~jacent
human and animal life.
(d) Project Alternatives
(1) Discussion of project
alternatives should be provided,
including options considered and
rejected and the rationale for
rejection of each option
considered.
(2) Mitigation considerations
should be discussed in detail as
they relate to possible loss of
habitat or impact on endangered,
threatened or rare animal and plant
species, or species of special
concern.
Sec. 7.5-62. Review Schedule
Any additional information determined to
be required by the TnB must be requested
by the TRB within thirty (30) days of
receipt of the above information. Upon
receipt of complete information, the TRB
shall have thirty (30) days in which to
complete its evaluation of environmental
impacts. The TRB will then have thirty
(30) days to make its determination
concerning conditions of approval for
the development to the Planning and
Zoning Board. The Planning and Zoning
Board shall review the determination of
the TRB at their next regularly
sCheduled meeting. The Planning and
Zoning Board shall accept or amend, as
necessary, the determination of the TRB.
Sec. 7.5-63. Appeals Process
Any aggrieved person may appeal the
determination of the Planning and Zoning
Board to the City Commission by written
request filed with the City Manager
within ten (10) days following receipt
of the determination of the Planning and
Zoning Board. Any such appeal submitted
to the City Commission shall be reviewed
by Commission at a regularly scheduled
meeting within thirty (30) days of
receipt of the appeal request in
accordance~with the following standards
which shall be addressed by the
applicant in his written request:
(a) Whether the subject property is an
environmentally sensitive 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
(b) Whether the conditions placed on
the development application by the
Planning and Zoning Board are reasonable
and represent sound environmental
practices necessary to mitigate,~Possible
harmful impacts upon the subject
property 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 section and
provision of Chapter 7.5. Environmental Regulations shall
remain in full force and effect as previously enacted.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be 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 of competent jurisdiction to be
invalid, such decision shall not affect the remainder of
this ordinance.
Section 5. Authority is hereby granted to codify said
ordinance.
Section 6. This ordinance shall become effective
immediately upon passage.
FIRST READING this ~/~/day of
1989.
SECOND, FINAL READING and PASSAGE this ~ day of
1989.
Vice Mayor
Commissioner
/
~--~mm~s~ioner
ATTEST:
City C~k
Commissioner
(Corporate Seal)