03-018 ORDINANCE NO. 03- 0/~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
PART III, OF THE CITY OF BOYNTON BEACH CODE OF
ORDINANCES, ENTITLED, "LAND DEVELOPMENT
REGULATIONS", TO PROVIDE FOR THE CITY
ENGINEER TO TAKE ACTION WITH RESPECT TO
TECHNICAL SERVICES PROVIDED BY THE
ENGINEERING DIVISION OF THE DEPARTMENT OF
PUBLIC WORKS AS INDICATED IN EXHIBIT "A"
ATTACHED HERETO; AND AMENDING PART III TO
PROVIDE FOR THE DELETION OF OBSOLETE
LANGUAGE, AND CLARIFICATION OF EXISTING
PROVISIONS AS INDICATED IN EXHIBIT "A"
ATTACHED HERETO INCLUDING PROVISIONS
RELATING TO OFF STREET PARKING, PLATTING OF
PROPERTY, LAND DEVELOPMENT PERMITS,
LANDSCAPING AND TECHNICAL SERVICES TO BE
PROVIDED BY THE ENGINEERING DIVISION OF THE
DEPARTMENT OF PUBLIC WORKS AND THE
PROCESSING OF APPLICATIONS FOR PERMITS AS
INDICATED IN EXHIBIT "A" ATTACHED HERETO;
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission for the City Of Boynton Beach, Florida ("City
Commission") adopted Ordinance Number 095-02 on April 4, 1995, that revised and
consolidated the City's regulations governing the use and development of land and property
within the City, in the best interest of the City, its residents, property owners, and visitors;
and
WHEREAS, the City Commission revised and consolidated the City's Land
Development Regulations ("LDR's") into a comprehensive part of the City Code of
Ordinances for ease of use and reference, as stated in Part 3 of the Code of Ordinances of
Ordinances of the City Of Boynton Beach, Florida; and
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WHEREAS, certain LDR's which established criteria, standards and specifications
require periodic amendments; and
WHEREAS, certain segments of the LDR's which require determination for the
iissuance of permits, signed statements, and permit approval are issued, signed and approved
by the Development Director; and
WHEREAS, the City Commission, in conjunction with the City Administration,
created the Department of Engineering, effective October 1, 1999, to be headed by an
Engineering Director; and
WHEREAS, the City Commission, in conjunction with the City Administration,
realigned the Department of Engineering into being the Engineering Division of the
Department of Public Works, effective October 1, 2002, to be headed by the City Engineer;
and
WHEREAS, the City Commission adopted Ordinance Number 02-033 on August 20,
2002, that revised numerous requirements of the LDR's as they then existed, requiring
certain approvals, determinations, and directives, associated with technical services, to be
issued by the City Engineer; and
WHEREAS, other requirements of the LDR's as they currently exists, require certain
approvals, determinations, and directives, associated with technical services, to be also issued
by the City Engineer.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, THAT:
Section 1. That Part III, entitled "Land Development Regulations" of the Code of
Ordinances of the City Of Boynton Beach, Florida, be, and the same is hereby amended to
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,, I
provide that the title, "City Engineer" shall be inserted throughout Part III as indicated in
Exhibit "A" which is attached hereto, and incorporated herein by reference.
Section 2. That Part III, entitled "Land Development Regulations" of the City of
Boynton Beach Code of Ordinances, be, and the same is hereby amended so as to designate
that actions associated with technical services provided by the Engineering Division of the
Department of Public Works, shall be performed by the City Engineer and not the
Development Director as indicated in Exhibit "A" which is attached hereto, and incorporated
herein by reference.
Section 3. That Part III, entitled "Land Development Regulations" of the City Of
Boynton Beach Code of Ordinances, be, and the same is hereby amended to provide for the
deletion of obsolete language, clarification of provisions, renumbering, and relettering of Part
III, "Land Development Regulations" of the City Of Boynton Beach Code of Ordinances, as
indicated in Exhibit "A" which is attached hereto and incorporated herein by reference.
Section 4. Each and every other provision of the Land Development Regulations
of the Code of Ordinances of the City Of Boynton Beach not herein specifically amended
shall remain in full force and effect as previously enacted.
Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby
repealed.
Section 6. Should any section of any provision of this Ordinance or portion
hereof, any paragraph, sentence, or work be declared by a court of competent jurisdiction to
be invalid, such decision shall not affect the remainder of this Ordinance.
Section 7. Authority is hereby granted to codify this Ordinance.
Section 8. This Ordinance shall become effective immediately upon passage.
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FIRST READING is hereby approved by the City Commission of the City Of
Boynton Beach on First Reading this :~ c~ day of ~,6( .~j ,2003.
APPROVED BY THE CITY OF BOYNTON BEACH CITY COMMISSION at
Second Final Reading and Passage this ~ day of ~Lkl~t~, 2003.
Commissioner
ATTEST:
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EXHIBIT "A"
LAND DEVELOPMENT REGULATIONS
CODE OF ORDINANCES, PART III
CHAPTER 1
GENERAL PROVISIONS
ARTICLE II - DEFINITIONS
LAND DEVELOPMENT PERMIT - A permit issued by the~.-,~,~.,,.r~;~*~ ,,.Ar ~,,~r~ .... · '""V'--'""~ ..... * City_
Engineer prior to commencement of construction of required improvements after final record
plat approval by the City.
CHAPTER 2
ZONING
Sec. 11. Supplemental regulations.
H. PROVISION OF OFF-STREET PARKING SPACES.
2. For all required residential district parking spaces not within an enclosed
garage, the first ng space shall be a the minimum of ....... '-';~ ~-'~
~ the cu~ent city st~dmd for a h~dicap space exclusive of public or private fi~t-of-
way. All other spaces where multiple vehicle parking is required shall be a minimum cf nine ~)
............. ~ ...... t. o~ ........ 6 provided in accord~ce with cu~ent c st~dards exclusive
of public or private right-of-way. All spaces, regardless of size, must comply with all provisions
of the Land Development Regulations, and shall be maintained and drained so as to prevent
nuisance or d~ger to the public angor adjacent prope~y owners.
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L. COMMERCIAL ESTABLISHMENTS ENGAGED IN THE RETAIL SALE OF
GASOLINE OR GASOLINE PRODUCTS.
3.d. Driveways
(1) No driveway shall be located less than c, ne u..~.~,~ ~ ~ ~ m r~,
those distances delineated in Chapter 6, Article IV, Section 1 (Access) or as delineated in
Chapter 23, Article II, Section H.3., from the intersecting right-of-way lines of public streets.
CHAPTER 5
PLATTING
ARTICLE V. - PLAT PREPARATION AND APPROVAL
Sec. 1. Preparation of final plat.
To obtain approval for a subdivision in thc City Of Boynton Beach, thc developer shall
submit both a preliminary and a final plat to the city engineer, shall notify the planning and
zoning director, and shall post surety as outlined in Section 2, paragraph A2, and Chapter 7,
Article 1, Section 3, may payable to the City O£ Boynton Beach, together with restoration surety,
as outlined in this Article, Section 2, paragraph A3, prior to placing final plat approval on a City
Commission agenda. The preliminary plat shall meet the requirements of the final plat, except
that it shall bc submitted without the required signatures and seals. In may also be submitted
without maintenance and use covenants, condominium documents, deeds, or other legal
documents not related to the survey or engineering design of the proicct.
No improvements, including streets, drainage and the like, shall be accepted and maintained by
thc city unless and until the final plat has been approved by a professional survey and mapper,
and the city engineer, as well as the City Commission; duly recorded; and all required
improvements are completed, both public and private.
D. 7. SURVEY DATA. The final plat shall show the length of all arcs together
with central angles, radii, and points of curvature including, but not limited to, block comer radii.
Sufficient survey data shall be shown to positively describe the boundary of each lot, block,
right-of-way, easement and all other areas shown on the plat and all areas shall be within the
boundary of the plat as shown in the description. The survey data contained on the plat shall also
include:
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a. The scale, both stated and graphically illustrated, shall be shown on each sheet.
b. A prominent north arrow shall be drawn on every sheet included showing any
portion of the lands subdivided. The bearing or azimuth reference shall be clearly stated on the
face of the plat in the notes or legend.
ac__:. The point of beginning shall be boldly shown together with the letters P.O.B. in
bold letters.
d. All intersecting street lines shall be joined to form required safe sight comers
pursuant to city standards, and all dimensions shall be shown.
e. All adjoining property shall be identified by a subdivision name, plat book and
page or, if unplatted, the land shall be so designated.
f. Permanent reference monuments shall be shown in the manner prescribed by
Chapter 177, Fla. Stat., as amended. All information pertaining to the location of"P.R.M.s"
shall be indicated in note form on the plat. Permanent Control Points and Permanent Reference
Monuments shall be designed and set as prescribed by Chapter 177, Fla. Stat., as amended.
b:.&. Reserve on each sheet of the plat a three by five (3 x 5) inch space in the upper
right-hand comer to be used by the clerk of the circuit court for recording information.
e:.h_. The map shall mathematically close within one hundredth (.01) feet and shall be
accurately tied to all township, range and section lines occurring within the subdivision by
distance and bearing. In addition, the initial point in the description shall be accurately tied to
the nearest quarter section comer, section comer or government comer.
i. The initial point in the description shall be accurately tied to the nearest quarter-
section comer or government comer. Each government comer being used shall be identified. If
the subdivision being platted is a re-subdivision of a previously recorded subdivision, then a tie
to a Permanent Reference Monument from the parent plat is sufficient. If the subdivision is a re-
subdivision of a part of a previously recorded subdivision, sufficient ties to controlling lines
appearing on the parent plat must be provided to permit an overlay. The position and orientation
of the plat shall conform to the Florida State Plan Coordinate System in the manner established
by the City Engineer and prescribed in the Engineering Division's Design Handbook and
associated forms.
d:.i. The cover sheet or first page of the plat shall show a vicinity sketch, showing the
subdivision's location in reference to other areas of the city.
k. A complete legend of abbreviations shall be shown.
1. All lettering on the plat shall be at a minimum 0.10 of an inch in height.
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m. The plat boundary and all parcels shown on subdivision plats intended to be
conveyed in fee title shall be delineated by solid lines.
n. Lines intersecting curves shall be noted as radial or non-radial as the case may be.
o. A note addressing any abandoned underlying lands or easements, including record
information, shall be shown.
p. Tabulation of Survey Data:
(1) The use of tangent tables is not permitted. However, at the discretion of
the City Engineer on a case by case basis, the use of a tangent table to reflect
comer clip (safe sight) chords may be permitted if deemed necessary to meet
requirements of neatness and clarity of the plat. Scale factors shall not be
considered. Such tables, when permitted, must appear on the map sheet to which
they refer and tangents shall be numbered consecutively through the entire
presentation.
(2) Curve data may be tabulated subject to the following conditions or
exceptions:
(a) External boundary or centerline curve data may not be tabulated.
(b) Where data is tabulated, a minimum of the arc length and the curve
designation number or letter will be shown on the site.
(c) Curve tables reflecting the tabulated data will appear on the map
sheet on which the curves appear.
D. 7.5 LOT AND BLOCK IDENTIFICATION. Each lot and block shall be numbered
or lettered. All lots shall be numbered or lettered by progressive numbers or letters individually
throughout the subdivision or progressively numbered or lettered in each block. Blocks in each
incremental plat shall be numbered or lettered consecutively throughout a subdivision.
ARTICLE VII. - LAND DEVELOPMENT PERMIT
A land development permit shall be required prior to commencement of construction of
required improvements, except as provided in Chapter 6, Article I, Sec. 2. The land development
permit shall be issued by the a;~,^~
................ ~' ....... , .......... o ........................ city
engineer, in conjunction with approval of and agreement for construction of required
improvements, and after formal approval of the final plat by the City Commission. The effective
date of the land development permit shall be the date the city engineer signs it. The land
development permit shall expire not more than twelve (12) months from the effective date,
unless extended by the city engineer. As a final step in the review procedures to obtain
development approval under this article, the developer shall have prepared and shall submit,
prior to expiration of the technical compliance, a request for the land development permit. The
application for the land development permit shall be accompanied by the required fee and the
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required number, as determined by the city engineer, of the following documents applicable to
the subdivision or approved phase thereof:
A. FINAL PLAT. Developments which are platting shall submit the final plat
complying with Article V of this Chapter, and a check for the plat recordation, payable to the
Clerk of the Circuit Court of Palm Beach County, in the required amount.
B. CERTIFIED SURVEY. Developments for which the requirement to plat has
been waived pursuant to this Chapter shall submit a check payable to the Clerk of the Circuit
Court of Palm Beach County for the recordation of the survey. When construction plans are not
required, the certified survey may be recorded without further review, provided, however, that
the city engineer shall review any documents submitted in compliance with paragraph "C"
below.
C. MAINTENANCE AND USE DOCUMENTS AND OTHER DOCUMENTS. A
copy of the maintenance and use covenants and any other documents required by the city
engineer as a condition of Technical Compliance shall be submitted. The maintenance and use
covenants shall include the maintenance responsibility for all common areas and improvements
within the subdivision, and shall comply with all applicable requirements,
D. CONSTRUCTION PLANS AND SUPPLEMENTAL ENGINEERING
INFORMATION. Construction plans shall conform with the plans which received Technical
Compliance or, if modified, shall be accompanied by a written statement from the Developer's
engineer which details, explains, and justifies the modifications. Construction plans shall
comply with the requirements of Chapter 6 and, prior to issuance of a land development permit.
shall have received all applicable approvals of requisite governmental agencies.
E. DEVELOPER'S ACKNOWLEDGEMENT OF RESPONSIBILITY FOR
CONSTRUCTION OF REQUIRED IMPROVEMENTS. The request shall indicate whether
the required improvements are to be constructed prior to recordation or after recordation of the
plat or survey. When the required improvements are to be constructed after recordation, the
Developer shall submit a statement acknowledging responsibility for completion of said required
improvements. The statement shall be in the form contained in the latest version of Engineering
Division's Design Handbook, and shall be executed by all owners shown on the applicable final
plat. The statement shall be accompanied by a guarantee for completion of required
improvements, pursuant to Chapter 6. Said guarantee shall meet the applicable requirements of
paragraph "F" below.
F. GUARANTEES. All guarantees required pursuant to Chapter 6 shall be in
one of the forms prescribed in the Engineering Division's Design Handbook or in an alternate
form approved by the city attorney. The initial guarantee shall be in an amount equal to one
hundred ten (110) percent of the construction cost of the required improvements. The guarantee,
shall be in one of the following types:
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1. Cash Bond. Completion of the required improvements may be secured by cash
deposited by the developer with the city or in an account subject to the control of the city
in accordance with an agreement on such deposit or account. The developer shall be
entitled to receive any interest eamed on such deposit or account.
2. Letter of Credit. Completion of the required improvements may be secured
by a clean irrevocable letter of credit issued to the city in accordance with the city letter
of credit policy. The expiration date of the letter of credit shall be at least three (3)
months after the completion date for construction of the required improvements pursuant
to the initial land development permit of any subsequent extension thereto.
3. Performance or surety bond. Completion of the required improvements may
be secured by a performance or surety bond obtained from a company acceptable to the
city in accordance with the city policy on performance bonds. It shall guarantee that all
work will be completed in full accordance with the approved land development permit.
4. Escrow deposit. Completion of the required improvements may be secured
by an executed escrow agreement, between the Developer, a bank approved by the city,
and the city as the third party beneficiary. The escrow agreement shall require that
release of the funds, or any part thereof, shall be subject to city approval.
Chapter 6
REQUIRED IMPROVEMENTS
ARTICLE W. - DESIGN REQUIREMENTS FOR REQUIRED IMPROVEMENTS
Sec. 2. Alleys.
Alleys shall be paved eighteen (18) feet wide in a minimum twenty-foot right-of-way for
commercial and industrial use and shall have appropriate radii for the use intended. Alleys shall
have inverted crowns with three-eights (3/8) inch per foot traversed slope. The alley grade shall
not exceed ~ two and four-tenths percent ($ 2.40 %) or be less than forty-hundredths percent
(0.40%) unless otherwise approved by the city engineer. Alley intersections and sharp changes
in alignment shall be avoided and dead end alleys are prohibited.
ARTICLE V. - CONSTRUCTION OF REQUIRED IMPROVEMENTS
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Sec. 2 Administration of construction.
After issuance of a land development permit by the.._.~.~,~.~:~'^~ ,~.^r ...~ .... · .~...v.-,-.: ..... * city
engineer, a developer may construct the required improvements subject to obtaining all required
pe~its. Construction shall be perfo~ed under the s~eill~ce of, ~d shall at all times be
subject to review by, the director~c ~ .... · ~r-.~-~ ..... * ~-~/~. ~..~ city engineer or ~ his desi~ee;
however, this in no way shall relieve the developer and his or her Florida-registered engineer of
the responsibility for administration, coordination and final compli~ce with the approved plus,
specifications, law, etc. The ~;~+~ ~c~ .... ~ .....* ~/~ +~ ity gi
................ ~ .................c en neer or ~ his
desi~ee shall have the right to enter the prope~y during the pro~ess of construction. The
developer's engineer shall submit construction pro~ess repo~s at points of pro~ess preschbed
by the city engineer, as well as final ce~ification of completion of required improvements. The
developer's engineer shall coordinate joint reviews of construction with the city engineer or his
desi~ee. The city engineer, or his ~ desi~ee, shall have the authority to stop work upon
failure of the developer or his engineer to administer an~or coordinate the construction of the
required improvements as prescribed by this ordinance.
Sec. 6. Time Extensions.
Ail required improvements shall be completed within ~ twelve (12)
months of the date of issuance of the land development permit. Time extensions may be
considered by the City Commission upon recommendation by the a;~+^~ ^c ~ .... ~ ..... + ;~
consultation '::;.th the city engineer, after the developer presents a written request for extension to
the ^cc.~ ^c+,.~ ~;~+^~ ^r ~ .... , ..... + city engineer at least thirty (30) days prior to the
~ expiration of the existing permit. No time extension shall exceed one year.
Chapter 7
SURETY
ARTICLE I. - IN GENERAL
Sec. 3. Types of surety.
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C. PERFORMANCE OR SURETY BOND Performance or surety bond obtained
from a company acceptable to the city in accordance with the city policy on performance bonds.
D. ESCROW (AGREEMENT) DEPOSIT An executed escrow agreement
between the developer, a bank approved by the city and the city as the third party beneficiary
may be established for this surety. The escrow agreement shall require that release of the fimds,
or any part thereof, shall be subject to city approval. The agreement shall be in accordance with
the city policy on such escrow agreements.
Chapter 7.5
ENVIRONMENTAL REGULATIONS
ARTICLE II. - LANDSCAPE CODE
Sec. 5. Particular Requirements.
H. Point of access. When an accessway intersects a public right-of-way
or when the subject property abuts the intersection of two (2) or more public
rights-of-way, all landscaping within the triangular areas described below shall
provide unobstructed cross-visibility at a level between thirty (30) inches and ~
(-6) eight (8) feet above pavement, provided, however, trees or palms having limbs
and foliage trimmed in such a manner that no limbs or foliage extend into the
cross-visibility area shall be allowed, provided they are located so as not to create
a traffic hazard. Landscaping except required grass or ground cover, shall not be
located closer than three (3) feet from the edge of any accessway pavement or
sidewalk or walk path. The triangular areas above referred to are:
1. The areas of property on both sides of an accessway formed by the
intersection of each side of the accessway right-of-way or easement line and the
public right-of-way line with two (2) sides of each triangle being ten (10) feet in
length, (or more when determined to be necessary by the -~
city engineer) from the point of intersection and the third side being a line
connecting the end of the other two (2) sides.
2. The area of property located at a comer formed by the intersection
of two (2) or more public rights-of-way with two (2) sides of the triangular area
being thirty-five (35) feet in length along the abutting public right-of-way lines,
measured from their point of intersection, and the third side being a line
connecting the ends of the other two (2) lines.
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3. The area of property located at a comer formed by the intersection
of two (2) or more public rights-of-way being a collector or arterial street, or any
fight-of-way of higher classification than a local street, the two (2) sides of the
triangular area shall be fifty (50) feet in length for the collector street, and one
hundred twenty (120) feet for the arterial street along the abutting public right-of-
way lines, measured from their point of intersection, and the third side being a
line connecting the ends of the other two (2) lines.
CHAPTER 8
EXCAVATION AND FILL REGULATIONS
ARTICLE III. - PERMITTING
A. Permit application and review. Landowner or his agent shall secure a permit for work
described in this chapter from the city engineer as follows:
3. Permit issuance. An excavating, filling and/or dredging permit or permit to
construct within the public right-of-way shall be issued by the city engineer prior to any work
being performed. If the excavating, filling and/or dredging is a part of a land development
permit application, th~ the permit shall be issued by the fiirectc, r cf fieve!c,?mep2 city engineer
prior to any and all work being performed.
ARTICLE IV. - CONSTRUCTION
B. Inspections and reports.
1. Inspections by city. In connection with the administration of this chapter,
inspections shall be requested by the developer as prescribed by the directc, r ,vf develc, pment
mad/or-the city engineer if the construction is part of a land development permit, or by the city
engineer or his designee if the construction is for excavation, filling and/or dredging or for work
within the public right-of-way of the project for which the permit is applicable.
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Chapter 23
PARKING LOTS
ARTICLE II. - REQUIRED IMPROVEMENTS
H. Driveway.
3. Distance from streets. Parking lot driveways shall be constructed at least thirty
(30) feet from the intersection of the right-of-way lines along local streets, fifty (50) feet along
collector streets, and one hundred eighl-y twenty (4gO) (120) feet along streets of a higher
classification.
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