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1990-15 Amending the Subdivision RegulationsPreparation of this Document was aided through financial assistance received from the State of Florida under the Local Government Land Development Regulation Assistance Program authorized by Chapter 89- 253, Laws of Florida, and administered by the Florida Department of Community Affairs. ORDINANCE N0.15-90 1 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING APPENDIX B - SUBDIVISIONS OF THE CODE OF ORDINANCES BY AMENDING SECTION 36-6, [DEFINITION OF TERMS] -- SPECIFIC TERMS; AMENDING SECTION 36-10, PRELIMINARY PLAT PROCEDURE; CREATING SECTION 36-29.1, BIKEWAYS; AMENDING SECTION 36-31, STORM WATER MANAGEMENT; AMENDING SECTION 36-32, UTILITIES; AMENDING SECTION 36- 38, ERECTION OF BUILDINGS AND ISSUANCE OF PERMITS; CREATING SECTION 36-38.1, LAND CLEARING/VEGETATION AND WILDLIFE PROTECTION AND PRESERVATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. Section 36-6, Same [definition of terms] -- Specific terms, of the Village Code is hereby amended to include the following definition: (3.1) Bikeway: Any road, path, or way which in some manner is specifically designated as being open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes. Section 2. The first paragraph of Section 36-10, Preliminary plat procedure, of the Village Code is hereby amended as follows: Prior to the clearing of any land, removal of any vegetation, the cutting or grading or any street or the making of any street improvements or the installation of utilities, the subdivider shall secure from the village council an approval or conditional plat approval for a preliminary plat and construction plans of the proposed subdivision in accordance with the following procedure: Section 3. Section 36-29.1, Bikeways of the Village Code is hereby created as follows: Where appropriate, bikeways shall be given full consideration in the planning and development of transportation facilities. However, the establishment of bikeways is not required when it is contrary to public safety, if the cost of doing so is expressly disproportionate to the need or probable use, or when other factors indicate an absence of any need for such ways (re: Section 335.065, Florida Statutes). The Village shall require bikeway standards contained in the most recent edition of Comprehensive Bicycle Plan for the West Palm Beach Urban Study Area and especially Appendix E, Florida Department of Transportation current bikeway policies, definitions of facility types and roadway design standards. Section 4. Section 36-31, Storm water management, general, is hereby amended as follows: The storm water management system shall be designed in accordance with accepted engineering principles for design floods resulting from rainfall and tidal elevations experienced in the Intracoastal Waterway for storm frequencies as follows: (a) Minimum street grade shall exceed calculated flood levels resulting from a ten-year frequency storm tide plus rainfall runoff. ' (b) The finished floor of all structures shall exceed the one hundred-year tidal flooding and rainfall runoff level, but in no case shall be less than eight and five- tenths (8.5) feet above mean sea level. (c) Storm drainage facilities, including swales, inlets and conduits shall be designed on runoff predicted from a three-year intensity rainfall curve in general use for this area. (d) Roadside swales within street rights-of-way shall be constructed in accordance with approved typical sections for the subdivision under consideration. Swale cross sections shall be designed to carry runoff up to the edge of pavement, or edge of improved property adjacent to the right-of-way. Surplus water from the swales shall be diverted into a closed storm drainage system or other approved means. Placement of permitted trees in a swale will be such that, as tree growth occurs, the design and function of the Swale are not compromised. (e) Open channels and outfall ditches for the purpose of conveying storm runoff within any subdivision development will not be allowed. However, open channels connecting ' to tidewater for the purpose of navigational access to existing or proposed waterways will be permitted provided they are protected by concrete bulkheads and have a minimum width of eighty (80) feet and a minimum center line depth of eight and zero tenths (8.0) feet. (See section 36-22). (See Chapter [5], Village Code). (f) In order to minimize the degradation of water quality in receiving bodies, the proposed subdivision will be provided with landscaped areas, grassed areas or other natural vegetated areas to receive runoff from buildings, pavement or other impervious areas to the degree that pollutants from these areas may be absorbed by the vegetation or percolated into the soil. No runoff from such impervious areas shall be discharged directly into any inlet or storm sewer without first being given the opportunity to pass through a natural vegetated area. All potential areas of soil erosion shall be protected to minimize siltation transport by flowing water. (g) The developer/owner of any site shall be responsible for the on-site management of storm water runoff in a manner such that post-development runoff rates, volumes and pollutant loads do not exceed predevelopment conditions as per Chapters 40E-4, 40E-40 and/or 40E-41, Florida ' Administrative Code. (h) The design of the storm water management system shall provide for protection of natural drainage features and promote the functions of groundwater recharge areas. (i) Where storm water retention systems are required, any modification to, or construction of canals shall incorporate water and habitat quality enhancement features such as planted littoral zones or shallow shelves, bank slopes conducive to shoreline vegetation 2 and immediate vegetative stabilization of any bare ground adjacent to the system, as appropriate. (j) To protect and preserve water quality, Best Management Practices (BMPS) for construction site runoff, as contained in Chapter 4.0 of the Palm Beach County 208 Areawide Waste Treatment Management Plan, shall be employed. ' Section 5. Section 36-32, Utilities, of the Village Code is hereby amended as follows: (a) Sanitary sewer. The subdivider shall provide sanitary sewer services to each lot within the subdivision. All sewer lines serving lots within the subdivision shall be installed by the subdivider prior to the paving of the street and should be designed to operate on a gravity flow basis whenever possible. (b) Water supply. The subdivider shall install or have installed a system or water mains and connect the system to each supply. The installation of such mains and connection to each lot shall be installed prior to the paving of the street. (c) Water and sewer systems. All new developments shall be served by centralized potable water and wastewater (sewerage) systems. Water and sewer systems shall be designed for the proposed subdivision which meet the current requirements of all regulatory agencies having jurisdiction over water and sewer systems. Evidence of approval of those agencies shall be submitted prior to final plat approval and all construction certificates ' issued to any regulatory agencies shall become a copy of the permanent file of this subdivision with the village. Fire protection shall be included in all water distribution system design and shall meet the latest standards of the National Board of Fire Underwriters or its successor agency. (d) Underground utilities. Utility lines of all kinds, including but not limited to those of franchised utilities, electric power and light, telephone and telegraph, cable television, water, sewer, and gas, shall be constructed and installed beneath the surface of the ground within new subdivisions, unless it is determined by the village engineer that soil, topographical or any other compelling conditions make the installation of such utility lines as prescribed herein unreasonable or impracticable. Both local transmission lines and individual service connection lines to buildings shall be installed underground. The underground installation of incidental appurtenances such as transformer boxes, pedestal-mounted boxes for electricity or similar service hardware necessary for the provision of electric and communication utilities shall not be required. Nothing in this subsection shall be construed to prohibit any entity furnishing utility service within the village from collecting, as a condition precedent to the installation ' of service facilities, any fee prepayment or contribution in aid of construction which may be required. (e) Septic tanks. The installation of additional septic tank systems within the village is prohibited. (f) Individual wells prohibited in certain__areas of the Village. The installation of individual potable water wells and irrigation wells in that portion of Planning Area 5 west of North Lake and that portion of Planning Area 7 south of Lighthouse Drive is prohibited. Section 6. Section 36-38, Erection of Buildings and issuance of permits, of the Village Code is hereby amended as follows: (a) No permanent buildings shall be erected on a lot or parcel of land subject to these regulations nor shall any building permit be issued therefor unless one of the ' following conditions exist: (1) Such a lot or parcel is within a subdivision for which a final plat has been approved and filed by the Village Council and the required improvements have been installed and accepted by the Village Council. (2) Such lot or parcel abuts a public street which has been dedicated to and accepted by the Village Council, or such street is shown on a legally recorded subdivision plat. However, building permits may be refused if water management, soil characteristics or other standards established in Articles III and IV are not met. (b) No building permit shall be issued until all approvals and permits, as required, are obtained and submitted to the Village from the South Florida Water Management District, Palm Beach County Engineering Department, Palm Beach County Health Department, Palm Beach County Department of Environmental Resources Management, Palm Beach County Countywide Planning Council, Treasure Coast Regional Planning Council, Florida Department of ' Community Affairs, Florida Department of Natural Resources, Florida Department of Environmental Regulation, Florida Game and Freshwater Fish Commission, Florida State Internal Improvement Fund, Florida Inland Navigation District, U.S. Army Corps of Engineers, franchised utility companies and any other regulatory agency and/or service provider. Section 7. Section 36-38.1, Land clearing/vegetation and wildlife protection and preservation, of the Village code is hereby created as follows: (1) General. (a) section objectives. The objectives of this Section in limiting land clearings are: (i) to limit the use of irrigation water in open space areas by promoting the preservation of existing native plant communities; (ii) to limit the removal of existing native vegetation in advance of the approval of land development plans; ' (iii) to limit the removal of existing native vegetation and wildlife when no comparable vegetation and wildlife plan has been prepared for the site; (iv) to promote the removal of undesirable exotic plant species and prohibit new plantings. b. Preservation of existing native vegetation and prohibition of noxious exotic vegetation. Existing environmentally sensitive native vegetation and plant communities and their associated wildlife shall be 4 protected and incorporated into the site plan. Certain native plant communities shall be given special protection appropriate to the geographic area as determined by the Village and shall be protected and preserved as total entities, including understories. Those native plant communities shall include the following: Coastal Scrub; Xeric Hammock or Xeric Scrub; Tropical Hammock; Low Hammock, Temperate Hammock or Mesic Hammock; Mixed Hardwood Swamp or Hydric Hammock; Pond Apple Slough; Cypress Swamp; Freshwater Marsh; Mangrove ' Swamp; Oak Forest. No irrigation system shall be installed in preserved plant communities. The planting of species of melaleuca, Australian pine and Brazilian pepper in new developments is prohibited. c. vegetation removal permits. (i) General. Unless otherwise provided in this Section, no person, corporation, association, public agency, or agent or employee thereof, shall effectively destroy or remove native vegetation as defined in Section 7(1)b from any property within the Village without first obtaining a vegetation removal permit from the Department of Public Services. (ii) Veaetation removal permits. Permits for the removal, relocation or replacement of vegetation covered herein shall be obtained by submitting an application, on a form prescribed by the Village, with the Department of Public Services of North Palm Beach. (2) Application procedure for a vegetation removal permit within proposed development for which a separate building permit or ' tentative plan approval is requested. (a) Preliminary review. As a precondition to the filing or receiving of any application for a building permit with the Department of Public Services, the applicant shall make application for and receive a preliminary approval certificate from the Department of Public Services. The preliminary review procedure shall guarantee that the applicant will take all steps reasonably necessary to preserve existing native vegetation, purge the site of undesirable exotic species and to otherwise enhance the aesthetic appearance of the development by the incorporation of existing native vegetation into the design process. (b) Required vegetation inventory. Each application for a vegetation removal permit shall be accompanied by a generalized vegetation inventory which shall consist of the following: (i) Veaetation inventorv. A vegetation inventory showing the location and extent of vegetation upon the site. The inventory shall be based upon the most current available information. For non- ' residential and multi-family development, the inventory may be in the form of an aerial or a field survey, and shall be accompanied by photographs illustrating typical areas of vegetation. For individual single family or duplex developments, the inventory may be in the form of hand drawn sketches accompanied by photographs of existing site conditions. The vegetation inventory shall be prepared at the same scale as the site development plans or in some other manner which clearly illustrates the relationships between the areas of vegetation and the proposed site improvements. (ii) Written assessment and evaluation. The inventory shall be accompanied by a written assessment of the plant communities and their associated wildlife which have been identified on the site. The assessment shall include an evaluation of character and quality of the plant communities and associated wildlife identified, including their rarity, viability, and such other physical characteristics and factors which may affect their preservation. ' For projects other than individual single-family or duplex residences, the assessment and evaluation shall be prepared by the Palm Beach Soil and Water Conservation District or by a person knowledgeable in the identification and evaluation of vegetative and wildlife resources, such as a forester, biologist, ecologist, horticulturalist, landscape architect, licensed landscape contractor, certified nurseryman, or other person having similar recognized skills and experience. (iii) Reasonable additional information. The Department of Public Services may require that the application include such additional information which is reasonable and necessary for adequate administration of this Section. (iv) Sufficient number of copies. The application and accompanying documentation shall be submitted in copies sufficient to administer this section. (c) Preliminary approval. (i) Issuance of lots with minimal vegetation disruption. ' Where the Department of Public Services has verified that no native vegetative removal activity is involved in a proposed development, a preliminary approval certificate shall be issued forthwith. (ii) Issuance for lots with significant disruption A decision to grant or deny the preliminary approval certificate with or without conditions shall be made by the Department of Public Services within ten (10) working days of the applicant's submission of the information required in this Section and provided said information is deemed sufficient as to form and content by the Department of Public Services. Preliminary approval for an application involving vegetation removal activity shall be granted only if the Department of Public Services finds that all reasonable efforts have been undertaken in the layout and design of the proposed development to preserve existing native vegetation and wildlife and to otherwise enhance the aesthetic appearance of the development by the incorporation of existing native vegetation in the design process. Relocation or replacement of vegetation and wildlife shall be required as a condition to the issuance of a preliminary approval certificate in accordance with ' the criteria set forth in this section. (iii) Rootpruninc~ Upon the issuance of a rootpruning certificate, rootpruning of vegetation designated to be relocated may be immediately commenced. However, no actual removal of vegetation shall take place until issuance of a final vegetation removal permit. The issuance of a rootpruning certificate shall have no bearing upon the need to comply with other applicable requirements. 6 (d) Certification of compliance. Prior to the issuance of any building permit or site development permit upon property which received a preliminary approval certificate under this section, the Department of Public Services shall certify that the final construction plans comply with the preliminary site plan as it affects existing native vegetation. Any proposed deviation from the preliminary site plan as it affects existing native vegetation will be subject to a new review according to the same criteria and procedures as the original ' preliminary review. (e) Time limitation. A vegetation removal permit issued under this section shall be subject to the same time limitation rules as are applicable to its accompanying building permit or site development permit. (f) Permit card. Upon the issuance of a vegetation removal permit under this section, a copy of said permit shall be prominently displayed on the site prior to the removal, relocation or replacement of any plant material or wildlife. Vegetation removal permits issued in conjunction with building permits shall be included with the weatherproof building permit card and shall be displayed alongside it on the site. (g) Final inspection. No final certificate of occupancy shall be issued until the relocation or replacement of vegetation and/or wildlife, as required by the vegetation removal permit, has been completed and then final vegetation inspection approval has been given by the Department of Public Services. Vegetation relocated from one portion of the site to another which does not survive transplantation shall be replaced with a suitable ' replacement as specified by the Department of Public Services. (3) Application procedure for vegetation removal unrelated to building permit applications. (a) Applicability. Vegetation removal permits not sought in conjunction with building permits shall be obtained by making application therefor, on a form prescribed by the Village, prior to the removal, relocation or replacement of vegetation from or on the following types of property: (i) All vacant or undeveloped sites. (ii) All developed sites. However, developed single- family and duplex sites shall be exempt from the provisions of this code when less than three ( 3 ) native trees are removed from the site within any six-month period. (iii) All rights-of-way, public or private. (b) Required vegetation inventory. Each application for a vegetation removal permit shall be accompanied by a ' vegetation inventory which consist of the following: (i) Vegetation inventory. A vegetation inventory showing the approximate location and extent of vegetation upon the site. The inventory shall be based upon the most current available information. For non-residential and multi-family lots, the inventory may be in the form of an aerial or a field survey, and shall be accompanied by photographs illustrating typical areas of vegetation. For individual single-family or duplex lots, the inventory may be in the form of hand drawn sketches accompanied by photographs of existing site conditions. (ii) Written assessment and evaluation. The inventory shall be accompanied by a written assessment of the plant communities and their associated wildlife which have been identified on the site. The assessment shall include an evaluation of character and quality of the plant communities and associated wildlife identified, including their rarity, ' viability, and such other physical characteristics and factors which may affect their preservation. For lots other than individual single-family or duplex residences, the assessment and evaluation shall be prepared by the Palm Beach Soil and Water Conservation District or by a person knowledgeable in the identification and evaluation of vegetative and wildlife resources, such as a forester, biologist, ecologist, horticulturalist, landscape architect, licensed landscape contractor, certified nurseryman, or other person having similar recognized skills and experience. (iii) Reasonable additional information. The Department of Public Services may require that the application include such additional information which is reasonable and necessary for adequate administration of this section. (iv) Sufficient number of copies. The application and accompanying documentation shall be submitted in copies sufficient to administer this section. (c) Application review. An application shall be reviewed for completeness by the Department of Public Services, which review may include a check of the site and referral of the application for recommendation to other appropriate administrative departments or agencies. The Department of Public Services shall render a decision of the application within ten (10) working days of the receipt of the completed application. If not complete, the applicant shall complete the application within twenty (20) working days after notification that the application was not complete. (d) Circumstances justifying issuance. Vegetation removal permits shall be issued in the following circumstances: (i) Where a tree, due to natural circumstances, is no longer viable, is in danger of falling, is too close to existing structures so to endanger such structures, interferes with utility services, creates unsafe vision clearance or constitutes a health hazard; or (ii) Where the affected vegetation will be relocated, replaced with a suitable substitute tree or otherwise preserved; or ' (iii) Where undesirable exotic species of melaleuca, Australian pine and Brazilian pepper have proliferated on a site and have encroached upon native plant communities. (e) Relocation, replacement of native vegetation. and removal of exotic species. As a condition to the granting of a vegetation removal permit under this section the applicant shall be required to: (i) Propose and implement a program for the removal of 8 undesirable exotic species of plants. (ii) Relocate vegetation which would otherwise be destroyed to another location upon the site; or (iii) Replace vegetation which will be destroyed with suitable replacements elsewhere within this site. In the determining relocation, replacement or root pruning of vegetation, the Department of Public Services shall consider the needs of the intended use of the property, including all lands dedicated to public use, together with an evaluation of the following: (1) Existing vegetative coverage and wildlife on the site and in the immediate surrounding area. (2) Quantity of vegetation to be removed en from the entire site. (3) The type, size and condition of the vegetation to be removed. (4) The feasibility of relocating the particular vegetation and/or wildlife. (5) Topography and drainage of the site. (6) The nature of the existing and intended use of the property. (f) Permit issuance and permit card. Upon approval of an application made under this Section and the payment of ' the required fee, the Department of Public Service shall issue a permit therefor. With each such permit, the Department of Public Services shall issue a weather proof permit card which shall bear all pertinent information thereon. Such card shall be maintained in a conspicuous place on the front of the premises affected thereby during the entire time that the work authorized by the vegetation permit is in progress. (g) Time limitation. Permits shall expire and become null and void if work authorized by such permit is not commenced within ninety (90) days from the date of the permit or if such work when commenced is suspended or abandoned at any time for period of ninety (90) days. If work has commenced and the permit becomes null and void or expires because of lack of progress or abandonment, a new permit covering the proposed vegetation removal activity shall be obtained before proceeding with the work. This provision shall not be applicable in case of civil commotion, or when said work is halted due to legal action by the Village against the permittee. ' (4) Vegetation protection during construction. (a) General. During construction, all reasonable steps necessary to prevent the destruction or damaging of protected vegetation shall be taken. Protected vegetation destroyed or receiving major damage must be replaced by vegetation of equal environmental value, as specified by the Department of Public Services, before occupancy or use unless approval for their removal has been granted under permit. (b) Filling and construction debris. During construction, unless otherwise authorized by the vegetation removal permit, no excess soil, additional fill, equipment, liquids, or construction debris, shall be placed within the drip line of any vegetation that is required to be preserved in its present location. (c) Attachments. No attachments or wires other than those of a protective or nondamaging nature shall be attached to any protected vegetation during construction. ' (d) Excavation. Unless otherwise authorized by the vegetation removal permit, no soil is to be removed from within the drip line of any tree that is to remain at its original location. (e) Protective barriers. (i) Installation of protection barriers. All protection barriers shall be installed and maintained for the period of time beginning with the commencement of any land clearing or building operations and ending with the completion of the permitted clearing or building construction work on the site. (ii) On-site representative required. The applicant for a vegetation removal permit shall, at the time of application, designate an on-site representative who will be responsible for the installation and the maintenance of all tree protection barriers. The representative shall be responsible for supervising the removal of all existing vegetation permitted to be removed. The representative shall be on-site at all times during the vegetation clearing operations. ' (iii) Protection of large areas of vegetation when the circumference of an area of vegetation to be preserved is more than 200 linear feet, the areas to be preserved shall be protected during land alteration and construction activities by placing 2 x 2 wood stakes a maximum of 20 feet apart around the perimeter of the area of vegetation, and tying ribbon, survey flagging, rope, etc. from stake to stake along the perimeter of such areas to be preserved. (iv) Protection of small areas of veaetation. When the circumferences of an area of protected vegetation is less than 200 lineal feet, a protective barrier shall be placed around the groups of trees and understory that is indicated to remain. The barrier shall not be less than three feet in height, shall limit access to the protected area, and shall be composed of wood, metal or other suitable materials which insure compliance with the intent of the Code. The barrier shall be highlighted with strips of survey flagging placed no more than five feet on center. The provided barrier shall not harm the protected vegetation through construction or any other means. ' (v) Protection of individual trees. When the retention of single trees is required by this Code, a protective barrier shall be placed around the tree at a distance from the trunk of six (6) feet or two- thirds (2/3) of the drip line, whichever is greater, of a hardwood tree, and six (6) feet from the trunk or at the drip line, whichever is greater, for a softwood tree, or as otherwise determined by the Department of Public Services. to i 1 1 (5) Exceptions. (a) Vegetation endangering health, safety or property. In the event that any vegetation shall endanger health, safety or property, and require immediate removal without delay, after observation and the taking of a photograph of the subject vegetation, verbal authorization may be given by the Director of Public Services and the vegetation removed without obtaining a written permit as herein required. Such verbal authorization shall subsequently be confirmed in writing by the Department of Public Services. (b) Plant nurseries and botanical gardens. All state- approved and governmental plant nurseries and botanical gardens shall be exempt from the terms and provisions of this Section, but only in relation to those plants which are planted and growing for the sale or intended sale to the general public in the ordinary course of business or for some public purpose. (c) Fee exceptions. The following types of trees shall be exempt from the provisions of this Section relating to permit fees, and no fees shall be charged for the removal of this vegetation. The Department of Public Services shall provide guidance to any individual in doubt as to the identity of any particular vegetation. Those trees exempt are: (i) Melaleuca quinquenervia (Cajaput or Paperbark or Punk Tree). (ii) Casuarina snp. (Australian Pine). (iii) Schinus terebinthifolius (Brazilian Pepper or Florida Holly). (iv) Bischofia iavanica (Toog or Bishopwood Tree). (v) Trees which are no longer viable. (vi) Trees which are required to be removed by law. (6) Fees. The Village Council is authorized to set reasonable fees and charges for the implementation of this Code. Such fees shall be set by ordinance. Section 8. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 9. This Ordinance shall take effect immediately upon passage. PLACED ON FIRST READING THIS 14 PLACED ON PUBLIC HEARING THZS 28 PLACED ON SECOND, FINAL READING JUNE , 1990. DAY OF JUNE , 1990. DAY OF JUNE , 1990. AND PASSED THIS 28 DAY OF MAYOR (Village seal) 11 ATTEST: `~ Village Clerk ' This Document was prepared by Craig A. Smith & Associates for the Village of North Palm Beach, April 1990. NPB601.K 1 1 12