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West Palm Beach City Zoning Code

ARTICLE XII

- PROTECTION OF NATURAL RESOURCES

Contents:

Sec. 94-371. - Scope, purpose and intent.

  • a.
    Scope. This article applies to all land within the city.
  • b.
    Purpose and intent. The purpose of this article is to identify, protect and enhance important natural resources of the city that may be adversely affected by unregulated development.
  • (Code 1979, § 33-140)

    Sec. 94-372. - Water catchment area.

  • a.
    Any development proposed to take place within the water catchment area shall provide an environmental assessment to the city at the time of the initial application for necessary development approvals.
  • b.
    Uses within the water catchment area shall be limited to those uses which will be compatible with and preserve the natural character of the area, such as passive recreation, observation areas, hiking and nature trails, canoeing, primitive camping and environmental education facilities. Active recreation uses such as playing fields, tennis courts, etc., shall be prohibited. All residential, commercial, industrial and community services shall be prohibited in the catchment area. Public access to the catchment area shall be available but managed so that the environmental values of the system can be enjoyed, but not overburdened, by users. Development within the water catchment area which may harm the city's potable water supply or which is not a water-related use shall be prohibited.
  • (Code 1979, § 33-141)

    Sec. 94-373. - Lands adjacent to water catchment area and designated ecosites.

  • a.
    Any development proposed to take place on lands within one-half mile of the water catchment area or on lands within designated ecosites shall provide an environmental assessment to the city at the time of the initial application for necessary development approvals.
  • b.
    Development on lands within one-half mile of the water catchment area and on lands in designated ecosites shall:
    1. 1.
      Preserve the most sensitive portions of the designated ecosites.
    2. 2.
      Cluster development away from the catchment area and away from the most sensitive portions of the designated ecosites.
    3. 3.
      Discourage the fragmentation of large vegetative community associations.
    4. 4.
      Require the buffering of sensitive portions of the designated ecosites.
    5. 5.
      Not adversely affect the water quality or natural setting in the water catchment area.
  • (Code 1979, § 33-142)

    Sec. 94-374. - Water wellfields.

    Development in water wellfields shall conform to the requirements of the county's wellfield protection ordinance. Conformance with the requirements of such ordinance shall constitute compliance with this provision and with the provisions of the city's comprehensive plan which relate to the protection of water wellfields.

    (Code 1979, § 33-143)

    Sec. 94-375. - Wetlands.

  • a.
    Development in wetlands shall conform to the applicable requirements of the state department of environmental regulation under F.A.C. ch. 17-312 (dredge and fill activities) and F.A.C. ch. 17-321 (mangrove protection), and the requirements of the South Florida Water Management District under Basis of Review for Surface Water Management Permit Applications Appendix 7 (Isolated Wetlands). Compliance with those regulations shall constitute compliance with this provision and with the provisions of the city's comprehensive plan which relate to the protection of wetlands.
  • b.
    Site plans for new development shall identify the location and extent of any wetlands located on the property. Site plans shall provide measures to ensure that normal flows and quality of water will be provided to maintain such wetlands after development. Where alteration of wetlands is necessary in order to allow reasonable use of property, either the restoration of disturbed wetlands shall be provided or additional wetlands shall be created to mitigate the alteration.
  • (Code 1979, § 33-144)

    Sec. 94-376. - Aquifer recharge areas.

    Development in aquifer recharge areas shall not cause the surface water flow off of the property on which the development occurs to exceed the amount of historic flow prior to development. Compliance with the requirements of South Florida Water Management District F.A.C. 40E-4, shall constitute compliance with this provision and with the provisions of the city's comprehensive plan which relate to the aquifer recharge areas.

    (Code 1979, § 33-145)

    Sec. 94-377. - Threatened, endangered, and rare species.

    If an environmental assessment reveals the presence of a threatened, endangered, or rare species on the project site and a likely adverse impact on that species from the proposed land use, the city shall consult with the state fish and wildlife conservation commission prior to the issuance of an approval for that use with respect to the need for and practical options to protect such species.

    (Code 1979, § 33-146)

    Sec. 94-378. - Shoreline management.

  • a.
    Docks, marinas, etc.
    1. 1.
      New boat basins, marinas, docks and other mooring facilities are prohibited unless approved by the appropriate governmental agencies, such as the U.S. Army Corp of Engineers, state department of environmental regulation, state department of natural resources, board of trustees of the internal improvement trust fund, and the South Florida Water Management District.
    2. 2.
      In no event shall any new boat basin, marina, dock, or any other structure be approved which would constrict water circulation in Lake Worth.
  • b.
    Shoreline stabilization.
    1. 1.
      Within a proposed development in the coastal area, there shall be no net loss of any marine or terrestrial habitat, or native shoreline vegetation that are identified in the existing natural resources section of the conservation element of the comprehensive plan and displayed on the vegetative cover and wildlife habitats map at Figure 11-3 of that element.
    2. 2.
      Within a proposed development, natural shoreline lacking wetland vegetation shall be planted with wetlands vegetation in order to minimize potential flood damage, stabilize the shoreline, and trap sediments and other nonpoint source pollutants.
    3. 3.
      Shoreline hardening structures may be used only if erosion is a threat to life and property and the use of vegetation has failed to stabilize the shoreline.
    4. 4.
      New shoreline hardening structures or replacement of any existing bulkheads shall consist of or include sloping structures of rip-rap or permeable materials combined with vegetation.
  • (Code 1979, § 33-147)

    Secs. 94-379—94-400. - Reserved.