53-87 ORDINANCE NO. 53-87
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILD-
INGS AND CONSTRUCTION", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW
ARTICLE XX, "SOIL EROSION CONTROL", PROVIDING FOR
CONTROLLING SOIL EROSION, IN CONNECTION WITH LAND
DEVELOPMENT; INCLUDING LAND CLEARING, GRADING,
FILLING AND EXCAVATION, CONSTRUCTION OF BUILDINGS,
UTILITIES, PAVING AND DRAINAGE FACILITIES, DEMOLI-
TION, AND ANY OTHER LAND DISTURBING PROCESS OTHER
THAN FOR AGRICULTURAL PURPOSES; SETTING FORTH THE
PURPOSE, APPLICABILITY, STANDARDS AND PROCEDURES,
AND SOIL EROSION CONTROL METHODS; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, soil erosion occurs as a result of the clea~ing of
land, and without vegetation the soil is susceptible of bein~ wind-
blown, causing a loss of the natural soil; and,
WHEREAS, the loss of the natural soil is detrimental to
vegetation growth and landscaping; and,
WHEREAS, such windblown soil is also a public nuisance to the
health, safety and welfare of nearby persons and property.
WHEREAS, the controlling of soil erosion is in the interest of
the public to conserve the land, as well as to maintain air quality.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~. That Chapter 9, "Building and Construction", of
the Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby, amended by enacting a new Article XX, "Soil Erosion
Control", to read as follows:
ARTICLE XX. SOIL EROSION CONTROL
Sec. 9-610. Purpose.
The purpose of this Article is to provide standards and procedures,
and to prescribe techniques and methods for the control of soil erosion
resulting from land disturbing activities.
Sec. 9-611. Applicability.
For any project which involves the disturbance of land in connec-
tion with land development; such land disturbing activities shall
include, but not be .limited .to, land clearing, grading, filling and
excavation, construction of buildings, utilities, paving and drainage
facilities, demolition, and any other land disturbing process other than
for agricultural purposes; except that the activities attendant to the
construction of a single-family dwelling unit shall not be deemed to
come under the provisions of this Article.
Sec. 9-612. Standards and Procedures
The following soil erosion control standards and procedures shall
apply to all land disturbing activities:
All soil erosion control methods to be employed during construction
shall be shown or noted on the plans submitted to the City for a
building permit, right-of-way work permit, subdivision improvements,
projects involving clearing of property of shrub vegetation, and any
other land disturbing activity which requires a permit or approval by
the City. A separate permit shall not be required for soil erosion
control but it shall be required a part of permit or approval received
for building and construction.
The developer/owner shall be required to comply with the Florida
Ambient Air Quality Standards, in accordance with Florida Administrative
Code Chapter 17-2, Unconfined Emissions, which specifies standards for
air quality.
Sec. 9-613. Soil Erosion Control Methods
In connection with any land disturbing activity provision shall be
made to control soil erosion. Soil erosion is considered to occur when
windblown material is carried beyond the site on which such land dis-
turbing activity is taking place, and is thus deemed to be a public
nuisance with respect to the surrounding private properties and public
areas.
During such land disturbing activity, the developer/owner shall be
required to control the soil erosion by any means reasonably necessary
to contain the windblown material within the project site. These
methods may include: leaving a buffer strip of land around the perimeter
of the site if the existing vegetation is sufficient to stop the wind-
blown soil erosion, the construction of a fence around the entire site,
covering loose fill material with fabric or other covering, and wetting
down the loose material with moisture emulsions specific for that
purpose.
After the conclusion of the land disturbing activity, no disturbed
area may be left denuded, and every disturbed area must be covered by
mulches such as straw, hay, filter fabric, seed and mulch, sod, or other
approved material to the extent necessary to cover otherwise denuded
areas, unless, the City Engineer determines that the circumstances do not
require such covering. Within sixty (60) days after final grade is
established on any portion of a project site, that portion of the site
shall be provided with established permanent soil stabilization measures
according to the original construction plan, whether by impervious
surface or landscaping.
~.Su~. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, oz word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
~S_~. That this ordinance shall become effective ten
(10) days after its passage on second and final reading and shall be
applicable to all existing conditions created by ongoing or previous
land disturbing activities.
PASSED AND ADOPTED in~ regula~ session on second and final
reading on this the ~b day of __A~g~___. , 1987.
MAYOR
ATTEST:
First Reading_Jul~_28~_l$8~,_-
Second Reading_ARg~~_~3
2
ORD. NO. 53-87