§ 4.5.5. Palm Beach County ordinances.

Palm Beach County is a Charter County and, as such, has the ability to enact ordinances which are effective within municipal boundaries. The manner in which such ordinances, which impact the land development process, are accommodated within the City of Delray Beach is set forth below.

(A)

Wetlands protection ordinance.

(1)

Reference. County Ordinance 90-5, adopted on January 23, 1990, applies within the municipal limits of Delray Beach.

(2)

Applicability. To lands defined in Section 3.v of the County Ordinance with exceptions per Section 4.01, therein.

(3)

Process. When this Ordinance is applicable to property which is subject to development review and approval, the applicant is responsible for compliance therewith. Compliance shall be initiated during the City's review process but satisfaction of Ordinance 90-5 may be made a condition of approval.

(B)

Wellfield protection ordinance.

(1)

Reference. The Palm Beach County Wellfield Protection Ordinance as initially adopted on March 07, 1988, and as amended thereafter, applies within the municipal limits of Delray Beach. [Amd. Ord. 4-93 1/26/93]

(2)

Applicability. To land contained within Wellfield Protection Zones 1, 2, 3, and 4 as depicted upon the Wellfield Protection Map Series as maintained by the Palm Beach County Department of Environmental Resources Management and upon which any of the following uses or activities are proposed: [Amd. Ord. 4-93 1/26/93]

(a)

Application for a building permit for nonresidential activity;

(b)

Application for a building permit for residential development of 25 or more units;

(c)

Application for a nonresidential development subject to site plan review or conditional use review and approval.

(3)

Process.

(a)

Development applications. When the above activities occur, the City shall require the applicant to file an "Affidavit of Notification" signed by the County Department of Environmental Resources Management as a part of submission materials. When site plan or conditional approval is required, the staff report provided to the approving body shall contain information as to the potential existence of regulated substances and the manner in which compliance with applicable provisions of the Ordinance will be achieved. [Amd. Ord. 4-93 1/26/93]

(b)

Occupational licenses. Prior to issuance of a new occupational license, certification from the Department of Environmental Resources Management as to conformance of the use to applicable requirements of the Wellfield Protection Ordinance must be provided to the City.

(4)

Additional restrictions. In addition to the provisions of the Countywide Wellfield Protection Ordinance, the following special regulations apply within the City of Delray Beach.

(a)

The installations of any private well within Zones 1, 2, and 3, as depicted on Palm Beach County's Department of Environmental Resources Management Wellfield Protection Map, for the City's Series 20 Wellfield is prohibited.

(b)

The replacement, reconditioning, or extension of the depth of any private well within Zones 1, 2, and 3, as depicted on Palm Beach County's Department of Environmental Resources Management Wellfield Protection Map, for the City's Series 20 Wellfield is prohibited. [Amd. Ord. 4-93 1/26/93

(C)

Traffic performance standards ordinance. [Reference Section 2.4.3(E) of these Land Development Regulations].

(D)

Coastal resource protection ordinance. [Reference Ordinance 34-90, of the City of Delray Beach, adopted on August 28, 1990].