CHAPTER.5Chapter 5
PLATTING
Art. I. In General
Art. II. Waivers and Substitutions
Art. III. Administration
Art. IV. Prerequisites to Platting
Art. V. Plat Preparation and Approval
Art. VI. Previously Platted Subdivisions
Art.
Art.
VII. Land Development Permit
VIII. Sale or Transfer of Property
ARTICLE I. IN GENERAL
The purpose of this chapter is to provide a
procedure for preparing plat documents consistent
with development regulations of the City of Boynton
Beach and to create documentation of physical
characteristics of land proposed for development
within the city.
No person, firm, partnership, corporation or any
other association shall subdivide a tract of land
anywhere in the incorporated area of the City of
Boynton Beach except in conformity with this chapter.
No subdivision shall be platted or recorded nor shall
any building permit be issued unless such subdivision
or development meets all the provisions of this chapter
and those of any applicable Laws of the State of
Florida, and has been approved in accordance with the
requirements as herein set forth, unless a waiver or
substitution has been granted according to Article II of
this chapter.
(Ord. No. 96-55, § 1, 1-21-97)
Editor's note--Ord. No. 96-55, Section 2,
adopted January 21, 1997, repealed Article II.
Exemption to Platting, Sections 1, 2, 3 and 4, and is
hereby reserving said sections.
ARTICLE II. WAIVERS AND
SUBSTITUTIONS
Sec. 1. Waivers.
A. Eligibility. A waiver of the platting
requirement may be considered when the land is to be
divided into no more than two (2) contiguous lots and
no more than three (3) regularly shaped areas are to
be dedicated to the City of Boynton Beach
(easements, tracts, parks, rights-of-way, etc.) and
because:
1. Unusual conditions are created by
ownership or development of adjacent lands, or
2. The land concerned is isolated or
remote in its relationship to other platted or improved
lands, or
3. The improvements and dedications
existing on the land are substantially in accordance
with the requirements of this chapter and if the
waiving of the requirements for platting would not
conflict with the purpose and intent of this chapter.
B. Waiver application. Pursuant to Section 1
above, the developer shall submit an application for
waiver of plat to the city engineer, who shall review
the application and determine if one of the foregoing
conditions exists and, upon affirmative determination,
shall waive the requirement for platting.
C. Appeal of waiver denial decisions. When
the city engineer determines that an applicant is not
eligible for a waiver to platting, the decision may be
appealed to the City Commission as outlined in
Chapter 1, Article VII.
D. Requirements in lieu of platting. If platting
is not required, a certified survey shall be submitted
to the city engineer, who may require deeded rights-
of-way and easements, reservations or improvements
required in connection with platting under this
ordinance, including the posting of surety to carry out
the intent and purpose of this ordinance.
(Ord. No. 96-55, § 3, 1-21-97; Ord. No. 02-033, §§ 3,
4, 8-20-02)
Sec. 2. Substitutions.
A. Eligibility. A boundary plat may be
submitted when portions of an existing subdivision
or parcels of land being assembled to create a single
2002 $-18 1
2 Boynton Beach Code
developable property are of such simplicity or are
surrounded by such development as to justify the
waiving of the requirements for preparing a full replat.
For the sole purpose of determining application fees, a
boundary plat submittal shall be considered a pre-
application submittal.
B. Master plan waiver. The submission of a
master plan for a boundary plat may be waived at the
option of the city engineer.
C. Specific boundary plat requirements. All
provisions of FS 177 and this Land Development
Regulation shall fully apply to every boundary plat
including, but not limited to, those tangible
improvements required in Chapter 6 not already in
place.
(Ord. No. 96-55, 8 3, 1-21-97; Ord. No. 02-033, 88 3,
4, 8-20-02)
ARTICLE iii. ADMINISTRATION
For the purpose of coordinating, enforcing and
administering this chapter, the city engineer shall be
deemed administrative officer. Information, advice or
recommendations shall be rendered only by the city
engineer, or his or her designee, following consulta-
tion with the planning and zoning director.
(Ord. No. 02-033, 88 3, 4, 8-20-02)
ARTICLE IV. PREREQUISITES TO
PLATTING
Sec. 1. Approved master plan.
Prior to consideration of any proposed platting or
replatting under this chapter, master plan approval as
outlined in Chapter 3 of Part lll, Land Development
Regulations of the City of Boynton Beach, Florida
must be obtained. For individual minor properties the
master plan may be waived at the sole option of the
planing and development director or his or her
designee.
(Ord. No. 02-033, 8 4, 8-20-02)
Sec. 2. Pre-application (preliminary plat).
The purpose of the optional pre-application
procedure is to allow the developer and the planning
and zoning director the opportunity to consult
informally prior to the preparation of the plat and
formal application.
A. A written pre-application (letter request)
shall be submitted to the planning and zoning
director. The written pre-application shall consist of
the following:
1. Four (4) copies of the written statement
previously submitted with the master plan in
accordance with city requirements.
2. Four (4) copies of the preliminary plat
in accordance with city requirements.
3. A fee as adopted by the City
Commission to help defray the cost of processing the
preliminary plat.
B. Upon receipt of the statement and fee, the
planning and zoning director shall notify the city
engineer of the need for plat review.
(Ord. No. 02-033, 8 4, 8-20-02)
ARTICLE V. PLAT PREPARATION AND
APPROVAL
Sec. 1. Preparation of final plat.
To obtain approval for a subdivision in the City
of Boynton Beach, the 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, made payable to the
City of 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 requirements of the final plat, except that it shall
2003 S-20
Platting 3
be submitted without the required signatures and seals.
It 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 project. No improvements,
including streets, drainage and the like, shall be
accepted and maintained by the city unless and until
the final plat has been approved by a professional
surveyor and mapper, and the city engineer, as well as
the City Commission; duly recorded; and all required
improvements are completed, both public and private.
A. Upon filing application for final plat
approval, the developer shall pay a fee as adopted by
resolution of the City Commission to help defray the
cost ofprocessingthe final plat. In addition to the
processing fee, the developer shall pay a fee equal to a
percentage of the estimated cost of construction of
improvements to defray the cost of administration of
the subdivision. Said fee shall be as adopted by
resolution of the City Commission, and shall be paid
in full prior to placing final plat approval on a City
Commission agenda.
B. Failure to submit the final plat to the city
engineer within six (6) months from the date of
application shall require re-submittal.
C. The final plat shall conform to the approved
master plan.
D. The final plat shall be drawn or printed on
twenty-four by thirty-six (24 H 36) inch linen,
chronoflex, mylar or other approved time stable
material. The final plat shall be prepared by a
professional surveyor and mapper currently registered
in the State of Florida, and is to be clearly and legibly
drawn with black permanent drawing ink or veritype
process to a scale of not smaller than one (1) inch
equals one hundred (100) feet, or as otherwise
determined by the city engineer. The final plat shall
be prepared in accordance with the provisions of
Chapter 177, Florida Statutes, as amended, and shall
conform to the following additional requirements:
1. INDEX. When more than a single
sheet must be used to accurately portray the lands
subdivided, the first sheet shall contain an index plus a
map showing the entire subdivision delineating the
number of the sheet where each portion is shown.
Each sheet must show the particular number of that
sheet, the total number of sheets included and clearly
labeled matchlines to show where other sheets match
or adjoin.
2. NAME OF SUBDIVISION. The plat
shall have a title or name acceptable to the city.
When the plat is a new subdivision, the name of the
subdivision shall not duplicate nor be phonetically
similar to the name of any existing subdivision.
When the plat is an addition to a recorded
subdivision, it shall carry the same name as the
existing subdivision.
3. PRIVATE STREETS AND
RELATED FACILITIES. All streets and their related
facilities designed to serve more than one property
owner shall be dedicated to public use; however,
private streets shall be permitted within property
under single ownership such as a property owners'
association, and shall be constructed in accordance
with design requirements of public streets. Where
private streets are permitted, ownership and
maintenance association documents shall be
submitted with the final plat and the dedication
contained on the plat shall clearly dedicate the roads
and maintenance responsibility to the association
without recourse to the city or any other public
agency. The rights-of-way and related facilities shall
be identified as tracts for road purposes under specific
ownership.
4. TITLE. The plat shall have a title
printed in bold legible letters containing the name of
the subdivision; the name of the city, county and
state; the section, township and range as applicable
and if the plat is a replat, amendment or addition to an
existing subdivision, it shall include the words
"section, unit, replat, amendment, etc."
5. DESCRIPTION. Each plat shall show
a full and detailed boundary description of the land
embraced in the plat. The plat must be so complete
that the starting point can be determined and the
boundaries run without reference to the map.
2003 S-20
4 Boynton Beach Code
6. DEDICATIONS, CERTIFICATIONS
AND APPROVALS. The plat shall contain on the
face or first page the following certifications and
approvals, acknowledged as required by law, all being
in the form set forth herein.
a. Dedications. The purpose of all
reserved areas shown on the plat shall be defined in
the dedication. All areas reserved for use by the
residents of the subdivision shall be so dedicated. All
areas reserved for public use, such as parks, rights-of-
way for roads, streets or alleys, shall be so dedicated;
easements for utilities, rights-of-way and easements
for drainage purposes and any other area, however
designated, shall be dedicated by the owner of the land
at the time the plat is recorded. When the owner is a
corporation, the dedication shall be signed on behalf
of the corporation by the president or vice-president
and the secretary or assistant secretary, respectively,
as set forth in Sec. 1 .D.6.b.
b. Mortgagee's consent and approval.
All mortgages along with the mortgagee's consent and
approval of the dedication are required on all plats
where mortgages encumber the land to be platted. The
signature(s) of the mortgagee(s) must be witnessed
and the execution must be acknowledged in the same
manner as mortgages are required to be witnessed and
acknowledged. In case a mortgagee is a corporation,
the consent and approval shall be signed on behalf of
the corporation by the president or vice-president and
the secretary or an assistant secretary, respectively, by
and with the authority of the board of directors.
c. Certification of surveyor. The plat
shall contain the signature, registration number and
official seal of the surveyor certifying that the plat
complies with Chapter 177, Florida Statutes, as
amended, and this ordinance. When plats are recorded
and improvements are to be accomplished under
surety posted as provided for by this ordinance, the
required improvements and surety shall include
P.C.P.'s.
d. City approval. The plat shall be
reviewed for conformity to F.S., Ch. 177, as amended,
by a professional surveyor and mapper, either by or
under contract to the city, and evidence of this review
shall be shown on the plat. The plat shall also
contain the approval and signature block and date for
the mayor and the city engineer with the
acknowledge-ment and signature of the city clerk.
e. County approval. The plat, when
required by the City Commission, shall also contain
the date of approval of the board of county
commissioners; the signature block of the chairman
of the board; the signature block of the county
engineer; and the acknowledgement and signature
block of the clerk of the circuit court.
f. Certification of title. A title
certificate shall be contained on the face of the first
page of the plat. The title certificate shall state:
(1) Thatthe lands as described
and shown on the plat are in the name, and that
apparent record title is held by the person, persons or
organizations, executing the dedication;
(2) That all taxes have been paid
on said lands as required by F.S., § 197.192, as
amended; and,
(3) All mortgages on the land
and indicate their official record book and page
number.
The title certification must be an
opinion of an attorney-at-law licensed in Florida, or
the certification of an abstractor or a title insurance
company licensed in Florida.
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 corner 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:
2003 S-20
Platting 5
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.
c. 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.
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.
j. 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.
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 F.S. Ch.
177, 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 F.S. Ch. 177, as amended.
g. 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.
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.
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.
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 corner.
i. The initial point in the description
shall be accurately tied to the nearest quartersection
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
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 corner 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:
2003 S-20
6 Boynton Beach Code
(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.
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.
8. STREET NAMES. The plat shall
contain the name of each street shown on the plat.
Proposed streets which are in alignment with other
existing and named streets shall bear the same name of
the existing street. In no case, except as indicated in
the preceding sentence, shall the name of the proposed
street, excluding a numerical system, duplicate or be
phonetically similar to existing street names,
regardless of the use of the modifier "street,"
"avenue," "boulevard," "drive," "place," "court," etc.
9. EXCLUDED PARCELS. Where an
excluded parcel is completely surrounded by areas
included within the plat, sufficient easements or right-
of-way to provide necessary access, utilities, and
drainage to the excluded parcel shall be provided. No
strip or parcel of land shall be reserved by the owner
unless the same is sufficient in size and area to be of
some particular use or service. The intended use of all
reserved areas shall be shown on the plat in note form
on the cover sheet.
10. EASEMENTS. The plat shall contain a
statement that no buildings or structures shall be
placed within easements.
11. RESERVATIONS AND
RESTRICTIVE COVENANTS. Restrictions
pertaining to the type and use of water supply; type
and use of sanitary facilities;
use and benefits of water areas, canals and other open
spaces; odd-shaped and substandard parcels;
restrictions controlling building lines; establishment
and maintenance of buffer strips and walls; and
restrictions of similar nature shall require the
establishment of restrictive covenants and such
covenants shall be noted on the plat. Documents
pertaining to restrictive covenants shall be submitted
with the final plat.
12. WATERWAYS. Land which includes
any existing or proposed private waterways shall be
included on the original plat together with formal
acceptance of maintenance by the subdivider, his
grantees and assigns, for said waterways including
vegetated littoral zones, and, further the duty, at their
expense, of keeping same free of weeds, hyacinths,
cloggage or other debris or noxious material.
13. PLANNED DEVELOPMENTS. All
plats for planned developments shall be identified as
to the type of development being platted. All planned
unit developments shall contain "P.U.D." within the
tile; all planned commercial developments shall
contain "P.C.D." within the title; all planned
industrial developments shall contain "P.I.D." within
the title; or any combination thereof shall be
identified within the title of the plat.
14. MOBILE HOME PARK
SUBDIVISIONS. Mobile home subdivisions shall be
in the proper zone for such development and prior to
the submittal of the final plat and supporting data
shall have the approval of the final zoning authority
and shall meet all of the requirements of the zoning
code. The dedication on the plat of a mobile home
subdivision shall include the following additional
provisions or wording equal hereto: "Said owner(s)
hereby dedicate(s) the lots shown on the plat
exclusively for mobile home or trailer parking and
use incidental thereto, except as to the lots indicated
for other purposes on the plat. Mobile home or trailer
parking is prohibited everywhere except on the
indicated lots. Areas indicated as parks or
playgrounds are dedicated for the use of the owners
of the lots shown on this plat."
2003 S-20
Platting 7
Mobile home subdivision plats shall
conform to all the requirements of this ordinance and
the requirements of Chapter 177, Florida Statutes, as
amended.
(Ord. No. 96-55, 8 4, 1-21-97; Ord. No. 02-033, 88 3,
4, 8-20-02; Ord. No. 03-018, 88 1-3, 6-3-03)
Sec. 2. Submission of final plat.
A. Upon completion of the foregoing
requirements, six (6) copies of the final plat shall be
submitted to the office of the city engineer and be
accompanied by the following:
1. Four (4) sets of the construction plans
approved for technical compliance and approved
health department permits for sewer and water in
accordance with city requirements; and
2. Surety guaranteeing that all work
required that will not be constructed, owned and
maintained in perpetuity by the developer and his
successor and/or assigns will be completed in full
accordance with the plat and approved construction
plans; with all conditions attached thereto; and with
Boynton Beach Land Development Regulations,
provided that no surety is required for sewage
collection and transmission systems, water distribution
systems and transmissions systems which will be
conveyed to the city upon completion of their
construction. Surety shall be in substantially the form
and amount delineated in Chapter 7; and
3. Restoration surety in compliance with
Chapter 7 in the amount of one hundred ten per cent
(110%) of the engineer's certified cost for restoring the
site to its original condition including, but not limited
to, repair of access/haul routes; seed; sod; landscaping;
drainage and utilities; and
4. A check payable to the City of Boynton
Beach representing the fee described in Article V,
Section 1.A hereinbefore; and
5. A copy of the property owners
association documents. These documents shall
indicate
the maintenance responsibility for street lighting and
shall provide for the formation of a special taxing
district to assume maintenance responsibility for the
street lighting system in the event of the dissolution
of the property owners association; and
6. Supplementary material as required by
the office of the city engineer, i.e. deeds, easements,
etc., when access, drainage, or utility services cannot
be accomplished through platted rights-of-way
deeds or easements to accomplish access, drainage or
utility service; and
7. A check payable to Palm Beach
County in the amount of the plat recording fees.
B. The city engineer, or his or her designee,
shall examine the final plat as to its compliance with
the constitution and statutes of the State of Florida
and the ordinances of the City of Boynton Beach and
shall in writing, within thirty (30) days, report his
finding, recommendations or approval to the
developer in writing. Reference shall be made to the
specific article, section and paragraph with which the
final plat does not comply. If deficiencies exist, they
shall be corrected by the developer. If the final plat
meets the provisions of this ordinance, and complies
with the statutes of the State of Florida and the
ordinances of the City of Boynton Beach, the city
engineer shall submit the final plat to the City
Commission for final plat approval. The City
Commission may after its approval also require
county approval prior to recording.
(Ord. No. 96-55, 8 4, 1-21-97; Ord. No. 02-033, 88 3,
4, 8-20-02)
Sec. 3. Final plat recording requirements.
The final plat, signed and sealed, reviewed by a
professional surveyor and mapper, signed by the
mayor and the city engineer, and acknowledged by
the city clerk, shall be presented to the Palm Beach
County Clerk (or county engineer if county approval
is required) to complete the formal recording process.
(Ord. 02-033, 88 3, 4, 8-20-02)
2003 S-20
8 Boynton Beach Code
ARTICLE VI. PREVIOUSLY PLATTED
SUBDIVISIONS
Sec. 1. Active subdivision development.
A plat and/or improvement plans for a
subdivision that has been approved under the
subdivision regulations adopted by the City
Commission on March 25, 1959, and amendments
thereto, may be completed as approved under those
regulations with respect to the approved plans and/or
plat. Additions thereto which have not been approved
shall be subject to the requirements of these land
development regulations.
Sec. 2. Reversion of subdivided land to acreage.
The official records of Palm Beach County
contain plats recorded prior to the adoption of these
land development regulations governing development
in the City of Boynton Beach. Such plats show areas
within the City of Boynton Beach which have been
platted as subdivisions, but which have either been
partially improved or developed or remain
unimproved or undeveloped. These areas, if fully or
partially developed as platted, would not conform to
the current needs of urbanization in the City of
Boynton Beach as established herein.
A. The Boynton Beach, Florida, City
Commission shall have the power, on its own motion,
to order the vacation and reversion to acreage of all or
any part of such subdivision within the incorporated
areas of the City of Boynton Beach, including the
vacation of streets or other parcels of land dedicated
for public purposes or any portion of such streets or
other parcels.
B. Such order of vacation and reversion of
subdivision plats may only be made by the City
Commission under the following conditions:
1. A plat of the subdivision was recorded
as provided by law not less than five (5) years before
the date of proposed reversion to acreage; and
2. In the subdivision or part thereof
proposed to be reverted to acreage, not more than
thirty-five per cent (35%) of the unimproved portion
of the subdivision area has been sold as lots with
sixty-five per cent (65%) left under one ownership.
C. Prior to ordering such a vacation and
reversion to acreage the City Commission shall hold a
public hearing relative to the proposed vacation and
reversion to acreage, with prior notice thereof being
given by publishing in a newspaper of local
circulation the date of and the subject matter of the
hearing at least once within the two-week period
preceding the date of such public hearing. At such
public hearing, the vacation and reversion to acreage
of subdivided land must be shown to conform to the
comprehensive plan of the area and that the public
health, safety, economy, comfort, order, and welfare
will be promoted thereby. No owner of any parcel of
land in a subdivision so vacated shall be deprived of
reasonable access to or from such parcel to which
such parcel has theretofore had access. Access after
such vacation and reversion need not be the same as
theretofore existing, but shall be reasonably
equivalent thereto.
D. The owner or owners of a subdivision
subject to vacation and reversion to acreage may at
their option vacate or abandon the subdivision or
portion thereof, or may improve undeveloped rights-
of-way or rights-of-way which have been partially
improved at their cost and expense, provided such
improvements comply with the provisions of this
ordinance and are acceptable to the City Commission
for maintenance.
Sec. 3.
Improvement of existing partially
developed subdivisions not subject to
vacation and reversion to acreage.
The improvement of existing partially developed
subdivisions not subject to vacation and reversion to
acreage shall comply with the requirements of this
ordinance and the following:
2003 S-20
Platting 9
A. ROAD AND STREET RIGHTS-OF- WAY.
The existing right-of-way for local streets shall be
considered sufficient, provided it is at least fifty (50)
feet wide and the improvements comply with the fifty-
foot typical section for road construction contained in
city standards. If the existing right-of-way is less than
fifty (50) feet wide, additional right-of-way shall be
provided to make a total of not less than fifty (50) feet.
B. EASEMENTS. Easements for proper
drainage shall be provided where necessary at a width
adequate to accommodate the drainage facilities. A
minimum width of twelve (12) feet shall be provided
for underground storm drainage installations. Where
canals or ditches are permitted, the width shall be
adequate to accommodate drainage facilities plus
twenty (20) feet on one side to permit equipment to
enter for maintenance purposes.
C. PLATTING. Compliance with platting
sections of this ordinance are not required where the
improvements are contained in existing platted rights-
of-way and no additional right-of-way dedication is
needed. Drainage rights-of-way and easements where
a plat is not required shall be accomplished by
separate instrument dedicating the easement and/or
rights-of-way for such purposes.
Sec. 4. Waiver.
In portions of a subdivision which are not under
the control or ownership of the developer, the city
engineer may waive the additional right-of-way
requirement set forth in paragraphs A through C of
Section 3 hereinbefore, when it is shown to be
impossible for the developer to acquire the required
additional right-of-way.
(Ord. 02-033, § 3, 8-20-02)
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 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 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.
2003 S-20
10 Boynton Beach Code
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% 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 ACKNOWLEDGMENT
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 percent (110%) of the
construction cost of the required improvements. The
guarantee shall be in one of the following types:
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 earned on such
deposit or account.
2. Letter of credit. Completion of the
required improvements maybe 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.
(Ord. 02-033, §§ 2, 4, 8-20-02; Ord. No. 03-018, §§
1-3, 6-3-03)
ARTICLE Viii. SALE OR TRANSFER OF
PROPERTY
It shall be unlawful for anyone who is the owner
of any land to transfer, sell, agree to sell, or negotiate
to sell such land by reference to, exhibition of or
other use of a plat of a subdivision to such land
without having submitted a plan and plat of such
subdivision for approval as required by this ordinance
and without having recorded the approved
subdivision plat as required. If such unlawful use be
made of a plat before it is properly approved and
recorded, the owner or agent of the owner of such
land shall be guilty of a misdemeanor of the first
degree, punishable as provided in Section 775.082 or
Section 775.083, Florida Statutes.
2003 S-20
Platting 11
The City Commission may bring injunctive
action to enjoin such transfer, sale or agreement.
Failure to comply with the provisions of this
section shall not impair the title of land so transferred
or affective validity of the title conveyed. However, a
purchaser of land sold in violation of this section shall,
within one year from the date of purchase thereof, be
entitled to bring an appropriate action to void such
sale or to bring action against the seller for any
damage which he suffers as a result of the seller's
unlawful act, or both.
2003 S-20
12
Boynton Beach Code