CHAPTER.6 Chapter 6
REQUIRED IMPROVEMENTS
Art. i. In General
Art. ii. Applicability
Art. iii. Identification of Required Improvements
Art. IV. Design Requirements for Required
Improvements
Art. V. Construction of Required Improvements
Art. VI. Acceptance and Maintenance of Required
Improvements
Art. VII. Subdivisions Containing/Adjoining
Waterfront Property
ARTICLE i. IN GENERAL
Sec. 1. Purpose.
The purpose for construction of these required
improvements is as stated in Chapter 1, Article IV of
these Land Development Regulations of the City of
Boynton Beach.
Sec. 2. Commencement.
Construction of required improvements shall not
commence until a land development permit has been
issued, except that a clearing and grubbing permit
and/or an excavation/fill permit may be issued prior to
the land development permit.
(Ord. 02-033, § 4, 8-20-02)
Sec. 3. Administration.
For the purpose of coordinating, enforcing and
administering this chapter, the city engineer shall be
the administering officer. Tangible improvements are
required as described in this chapter and the city
standards, in conjunction with the development of real
property within the city limits.
(Ord. 02-033, §§ 3, 4, 8-20-02)
ARTICLE ii. APPLICABILITY
Tangible improvements are required as described
in this chapter in conjunction with the development of
every subdivision within the incorporated area of the
City of Boynton Beach whether the subdivision is
platted or unplatted.
ARTICLE iii. IDENTIFICATION OF
REQUIRED IMPROVEMENTS
Sec. 1. Alleys.
Alleys are required along rear lot lines of
commercial subdivisions and are permitted in
industrial subdivisions.
Sec. 2. Bridges and culverts.
Bridges or culverts shall be provided as
necessary to facilitate the proposed street system
whenever a subdivision is traversed by or contains
canals, watercourses, lakes, streams, waterways or
channels. Bridges or culverts are subject to approval
by agencies having jurisdiction.
Sec. 3. Buffer areas (screening).
Subdivisions shall be buffered to separate
residential developments from commercial and
industrial developments with a five-foot high
masonry wall or landscaped chain link fence, or some
other equivalent buffer which shall also be at least
five (5) feet in height, except where such
developments are separated by a golf course or other
equivalent barrier. Residential developments shall
also be buffered and protected from adjacent
expressways, arterials and railroad rights-of-way with
a five-foot limited access easement, which shall be
shown and designated on the plat, except where
access is provided by means of a
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marginal access road or where such expressway,
arterial or railroad right-of-way abuts a golf course.
As an alternative, a five-foot high decorative masonry
wall or landscaped chain link fence or other equivalent
buffer, which shall be at least five (5) feet high, may
be provided in a limited access easement up to five (5)
feet wide.
Sec. 4. Clearing, grading, filling.
Grade, excavate and/or fill to comply with this
chapter, taking into consideration the existing and
future grade of adjacent properties and rights-of-way.
Prior to commencement of any construction activity
on the site, a reclamation plan in compliance with
Chapter 8, Article lll, Section A, paragraph la, shall
be approved by the city engineer. Clear all rights-of-
way and make all grades for streets, alleys, lots, water
tracts and other areas compatible for drainage as
prescribed in the drainage design. Type of fill within
dedicated rights-of-way and other dedicated land shall
be satisfactory to the city engineer, based on soil tests
provided and paid for by the developer, who shall
certify as to the type of material and method of
placement. In the interest of the preservation of
existing trees and other natural beauty, the city
engineer, following consultation with the city forester,
may vary the requirements of this section where
aesthetic and environmental conditions will be
enhanced but will not affect proper drainage of the
area.
Blowing sand, dust and other airborne particulate
matter shall be controlled in compliance with Chapter
7.5, Article l, Section 19C. Remove all Melaleuca,
Brazilian Pepper and Australian Pine.
(Ord. No. 96-56, § 1, 1-21-97; Ord. No. 02-033, §§ 3,
4, 8-20-02)
Sec. 5-1. Drainage.
An adequate storm, surface and ground water
drainage system, including necessary ditches, canals,
swales, percolation areas, detention ponds, storm
sewers, exfiltration trenches, drain inlets, manholes,
headwalls, endwalls, culverts, bridges and other
appurtenances shall be required in all subdivisions.
Sec. 5-2. Storm water treatment.
Storm water shall be treated in the subdivision
by providing on-site percolation and/or detention or
any appropriate treatment technique acceptable to the
South Florida Water Management District.
Sec. 6. Fire hydrants.
Fire hydrants shall be provided in all residential,
commercial and industrial subdivisions in the manner
prescribed in this ordinance. When annual fire
hydrant fees are to be levied according to ordinances,
a special association for payment of said fees will be
required.
Sec. 7. Reserved.
Sec. 8. Reserved.
Sec. 9. Reserved.
Sec. 10. Sanitary sewage.
A complete sewage collection system shall be
provided for all subdivisions in accordance with
requisite government regulations. Sewage
transmission facilities shall be provided by the
developer to an approved operating city collection or
transmission system. The city utility director shall
approve all connections to existing city collection and
transmission systems.
Sec. 11. Sidewalks.
Sidewalks shall be constructed on both sides of
all local and collector streets, and on one side of
marginal
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Required Improvements 3
access streets in all areas. They shall be constructed
concurrent with building construction.
A. Waiver. A required sidewalk may be
waived by the city engineer in platted or unplatted
subdivisions when it is determined that adequate
pedestrian circulation is provided by
bicycle/pedestrian paths. The control, jurisdiction and
maintenance obligation of bicycle/pedestrian paths not
located within a public right-of-way shall be placed in
a property owner's association or an improvement
district. Bicycle/pedestrian paths shall be constructed
concurrently with other required improvements.
B. Alternatives. A dual system consisting of
sidewalks within public right-of-way and
bicycle/pedestrian paths outside of the public right-of-
way may be required to provide adequate pedestrian
circulation. Paths shall be constructed concurrently
with other required improvements and shall be
included in the surety described in Article XVIII.
(Ord. No. 96-56, 8 2, 1-21-97; Ord. No. 02-033, 8 2,
8-20-02)
Sec. 12. Streets.
All streets and related facilities required to serve
the proposed subdivision shall be constructed by the
developer. The construction shall consist of, but not
be limited to, street grading, base preparation and
surface course along with drainage, and shall be in
accordance with City regulations.
Before any plat or deed or instrument conveying
or dedicating any street right-of-way to the city shall
be accepted by the city, all roads shall be paved so as
to meet the minimum requirements set forth in this
chapter.
(Ord. No. 96-56, 8 3, 1-21-97)
current city standards.
the street name on
documents.
Street name signs shall carry
the approved subdivision
Sec. 14. Street lighting.
Street lighting is required on all public street
rights-of-way. Applicant is responsible for supplying
and installing a system acceptable to Florida Power
and Light Company and the city engineer. Upon
completion and demonstration, the city will extend its
current agreement with F.P.L. and absorb the energy
cost of street lighting on city streets. Street lighting is
optional on private streets and the cost of supplying,
installing and providing energy and life long
maintenance is the sole responsibility of the applicant
and its successors or assigns.
(Ord. No. 02-033, 8 3, 8-20-02)
Sec. 15. Central water system.
A complete water distribution system shall be
provided for all subdivisions. Water transmission
mains shall be provided by the developer to an
approved operating city water system. The city
utility director shall approve all new connections to
the existing city water system.
Sec. 16. Traffic control devices.
The developer shall install traffic control devices
on roads within and interfacing with the subdivision.
The developer shall conduct a traffic impact analysis
meeting the approval of the city engineer, who shall
determine the traffic control requirements.
(Ord. No. 02-033, 88 3, 4, 8-20-02)
Sec. 13. Street markers.
Street markers shall be provided at each
intersection in the type, size and location required by
ARTICLE IV. DESIGN REQUIREMENTS
FOR REQUIRED IMPROVEMENTS
The design of required subdivision
improvements shall be in accordance with acceptable
engineering
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principles. Design data, (calculations, analyses, etc.)
shall be submitted along with the development plans
covering important features affecting design and
construction. Such data shall include, but not be
limited to, high water, drainage facilities of all kinds,
subsurface soil data, alternate pavement and subgrade
types, and radii at intersections when minimum
standards of the American Association of State
Highway and Transportation Officials are inadequate.
Required improvements shall be equal to or exceed
current city standards and the following:
Sec. 1. Access.
A. Point of access.
1. Along local streets, the point of access
to lots shall be at least thirty (30) feet from
intersecting right-of-way lines, providing the interior
lot angle at the intersecting lines is 90° or greater. If
the interior lot angle is less than 90°, the access point
distance will increase, and be determined by the city
engineer or his or her designee. On zero lot line
comer lots, access points shall be located a minimum
of twenty-five (25) feet from the intersection of the
projection of right-of-way lines to the near edge of the
driveway. Access to townhouse clusters may be via
parking lots and/or driveways designated on the plat as
access or parking tracts, provided the length of access
does not exceed six hundred sixty (660) feet.
Subdivisions shall be designed to provide access to all
lots by the use of local streets.
2. Along collector streets, the point of
access to lots shall be at least fifty (50) feet from the
intersecting right-of-way lines, incorporating the same
angular parameters noted above. Mid-block lots shall
meet access point separations in accordance with city
standards.
3. Along arterial streets, the point of
access to lots shall be at least one hundred twenty
(120) feet from the intersecting right-of-way lines,
incorporating the same angular parameters noted
above. It is the intent to minimize the number of
access points
connecting to an arterial street, however, if required
for access or circulation, a second access point may
be permitted on the side of the lot adjacent to the
lanes departing the intersection. The location of the
access points shall be approved by the city engineer
or his or her designee.
4. New subdivisions, P.U.D.s and cluster
dwellings shall consider a secondary vehicle access
point, in addition to the primary vehicle access point,
from the service roadway fronting, the proposed
development site, when 30 or more dwelling units are
planned. If, due to the land configuration or remote
relationship to other platted improved lands, a
secondary vehicle access point is not viable, an
emergency vehicle access point shall be considered
away from the primary vehicle access point to allow
for emergency access to the dwelling units in the
event the primary vehicle access point is not
accessible.
B. DRIVEWAY SPACING. Minimum
spacing between driveway centerlines on all streets
shall be in accordance with city standards. If the
street is under the jurisdiction of another agency,
spacing shall be in accordance with Palm Beach
County standards for county roads or FDOT
standards for state roads, whichever is greater.
C. STREET CONNECTIONS.
1. Local streets to collectors. Local street
connections to collector streets shall be a minimum of
six hundred sixty (660) feet apart.
2. Collector streets to arterials. Collector
street connections to arterial streets shall be a
minimum of one thousand three hundred twenty
(1,320) feet apart.
D. DOUBLE FRONTAGE LOTS. Double
frontage lots adjacent to a collector or arterial street
shall front on a local street. The rear of the lot shall
abut the collector or arterial street and be buffered as
required by these Land Development Regulations.
(Ord. No. 96-56, § 4, 1-21-97; Ord. No. 02-033, §§ 3,
4, 8-20-02)
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Required Improvements 5
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-eighths (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 per
cent (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.
(Ord. No. 02-033, § 3, 4, 8-20-02; Ord. No. 03-018, §§
1-3, 6-3-03)
Sec. 3. Blocks.
The length, width and shape of blocks shall be
determined with due regard to:
A. Provision of adequate building sites suitable
to the special needs of the type of use contemplated.
B. Zoning requirements as to lot size and
dimensions.
C. Need for convenient access, circulation,
control and safety of vehicular and pedestrian traffic.
D. Limitations and opportunities of topography.
1. Block lengths shall not exceed one
thousand three hundred twenty (1,320) feet between
intersecting streets except where special topographical
conditions exist. Greater lengths may be approved by
the city engineer.
2. In blocks nine hundred (900) feet in
length or over, crosswalks not less than eight (8) feet
wide may be required between streets where deemed
essential to provide circulation or access to schools,
playgrounds, shopping centers, transportation and
other community facilities.
(Ord. No. 02-033, § 3, 8-20-02)
Sec. 4. Bridges.
Bridges shall be designed in general accord with
current Department of Transportation practices and
shall include planning for utility installation. They
shall be reinforced concrete or, upon request and
approval, other low maintenance materials. Bridges
shall have a clear roadway width between curbs two
(2) feet in excess of the pavement width in each
direction and shall provide four-foot wide sidewalks
on each side. All bridge structures shall be designed
for H-20-S 16-44 loading, incorporating adequate
erosion protection.
Sec. 5. Drainage and storm water
treatment.
A. DRAINAGE. Provide comprehensive
storm drainage facilities. Submit construction
plans and certified drainage design data which
includes, but is not limited to, method of control of
storm water and groundwater; drainage plan; existing
water elevations; recurring high water elevations;
proposed design water elevations; drainage structures;
canals; ditches; and any other pertinent information
pertaining to the system. Provide for drainage of lots,
streets, roads and other public areas including surface
waters which drain into or through the property. The
drainage design must provide adequate surface water
drainage of naturally occurring or existing adjacent
contributory areas.
1. Design Criteria.
a. Design using acceptable
engineering principles.
b. Protect all future buildings from a
one in one hundred (100) year storm.
c. Provide South Florida Water
Management District (SFWMD) approval.
d. Provide for maintenance of
groundwater levels to prevent over drainage for the
intended land use.
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e. Design for rainstorms of maximum
intensity predicted for the Palm Beach County area at
three-year intervals according to current SFWMD
charts and data.
f. Design for long life, low
maintenance cost and ease of maintenance.
g. Design so that the hydraulic
gradient is not higher than grate elevations of any inlet
in the system.
h. Slope pipe and channel structures
to minimize sediment.
i. Use runoff coefficients applicable
after complete development has occurred.
2. Components.
a. Minimum pipe size is fifteen (15)
inches in diameter.
b. Distance between terminating or
intermediate structures shall not exceed those required
by state standards for the construction of maintenance
inlets or manholes.
c. Pipe shall meet ASTM, AASHTO
and current Department of Transportation
specifications. Concrete pipe shall have gasketed
joints, meeting the requirements of AASHTO.
d. Metal pipe used beneath pavement
or parallel within the right-of-way shall provide a
joint-free installation. Where joint-free installations
are not feasible pipe shall be jointed with a twelve-
inch wide band having a mastic or neoprene gasket
providing a watertight joint. Other jointing techniques
meeting or exceeding these requirements may be used
if approved by the city engineer.
e. Alternate types of pipe material
may be considered for storm sewer systems within the
right-of-way, including high-density, corrugated
polyethylene pipe (double wall) (HDPE), covered by
and conforming to current ASTM, AASHTO or ANSI
standard specifications for materials and fabrication
of barrel and joints, and shall meet current FDOT
standard specifications and policies applicable to the
intended use. The use of this alternate will require
written approval from the city engineer.
headwalls,
structures.
f. Pipe shall be fitted with
endwalls, inlets and other appropriate
g. Catchbasins and manhole covers
shall be bicycle-proof.
3. Dedications. Where additional ditches
and canals are required to accommodate contributory
surface waters, right-of-way shall be dedicated for
future needs. Exception: developer may excavate or
open sufficient capacity to provide for existing
drainage needs whenever the developed or
undeveloped status of adjacent areas so warrants,
subject to approval by the city engineer.
B. STORM WATER TREATMENT. Rainfall
runoff, surface waters and groundwaters shall be
managed in subdivisions to optimize water quality
and maximize percolation and detention to promote
the re-use of this resource. The treatment shall be
acceptable to the SFWM D. Storm Water
Management shall be governed by the appropriate
drainage district.
1. Design Criteria.
a. Size to accommodate at least a
one hour, three-year storm or to retain the first inch of
runoff, whichever is greater.
b. Provide detention for at least the
first inch of rainfall in swales, retention areas or other
approved facilities.
c. Pervious areas shall be sodded
and irrigated unless other landscaping is approved by
the director of development.
d. Route runoff from roads, parking
lots, roofs and other impervious surfaces over areas
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Required Improvements 7
where percolation is accomplished prior to
introduction into any receiving facility. Runoff
carried directly into the closed storm sewer system
must be discharged to percolation areas prior to
conveyance to off-site receiving waters.
2. Components.
a. Maximum runoff distance over
impervious surfaces before diversion to percolation
areas is fifty (50) feet excluding roofs, sports fields,
roadway gutters and storm sewers.
b. Temporary ponding shall not last
more than eight (8) hours.
c. Swales may be substituted for
storm sewers to convey and collect surface waters.
Minimum and maximum swale grades shall be in
accordance with city standards. Maximum swale
grade is limited to that grade which will produce water
velocities below the threshold of erosion. Typical
swale sections shall follow city standards.
d. Water management tracts shall
include a twenty-foot (20) maintenance easement with
a maximum side slope of eight to one (8:1) to the
water level control elevation. Maximum slope from
edge of maintenance easement to a point two feet
below control elevation shall be four to one (4:1).
Maximum slope below this point shall be in
accordance with city stormwater retention criteria and
standards.
3. Dedications. Major treatment facilities
such as swales, lakes, canals, and other areas used for
storm water management prior to discharge from
development shall be placed in water management
tracts shown on the plat and dedicated to the entity
responsible for their maintenance.
4. Alternate treatments. Alternate
treatment methods or facilities which in the opinion
of the city engineer are equal or superior to the above
requirements may be approved. Applications for such
approvals shall be accompanied by written data,
calculations and analyses which show, by accepted
engineering principles, that the alternate proposal is
equal or superior to that required.
All major treatment facilities such as
swales, lakes, canals, and other detention areas used
for storm water management prior to discharge from
development shall be placed in water management
tracts shown on the plat and dedicated to the entity
responsible for their maintenance. All water
management tracts shall include where necessary, a
twenty-foot maintenance berm, with a side slope not
steeper than eight to one (8:1) to control and four to
one (4:1) two (2) feet below control.
Alternate treatment methods or
facilities which in the opinion of the director of
development are equal or superior to the above
requirements may be approved.
(Ord. No. 96-56, § 5, 1-21-97; Ord. No. 02-033, §§ 3,
4, 8-20-02)
Sec. 6. Easements.
A. UTILITY EASEMENTS. Easements, a
minimum of twelve (12) feet wide, shall be provided
to accommodate all required utilities across lots with
convenient access for maintenance, and where
possible shall be centered on lot lines. Easements ten
(10) feet wide shall be provided for underground
utilities across that portion of a lot adjacent to a street.
Additional utility easements or larger utility
easements may be required by the city when, in the
opinion of the city engineer, or his or her designee,
and/or the utilities engineer, such easements are
necessary for continuity of utility service between
developments and where necessary for maintenance
and service. Utility easements and drainage
easements shall be separate unless otherwise
approved by the director of utilities and the city
engineer. Where easement crossings occur, drainage
easements shall take precedent.
B. DRAINAGE EASEMENTS. Drainage
easements shall be provided where necessary at a
width adequate to accommodate the drainage
facilities. A minimum of twelve (12) feet shall be
provided for
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underground storm drainage installations. Where
canals or ditches are permitted, the width shall be
adequate to accommodate drainage plus twenty (20)
feet on one side for maintenance purposes. Where the
width of canals or ditches exceeds sixty (60) feet, they
shall be acceptable to and placed under the control of
the drainage agency having jurisdiction. Drainage
easements shall be provided to facilitate removal of
surface waters from contributory areas. When a
subdivision is traversed by or develops canals,
watercourses, lakes, streams, drainage ways or
channels, a drainage easement or right-of-way shall be
provided conforming substantially with the lines of
such waterway and of such width and/or construction
as will be adequate for the purpose.
Sec. 7. Lots.
All lots shall have frontage on a street or have
permanent private access to a street which has a
minimum right-of-way of fifty (50) feet. All lots shall
have the area, frontage, width and depth required by
the prevailing or approved use zone wherein said lots
are located. When a subdivision is proposed under
land with existing structures that are proposed to be
retained, lots are to be designed so as not to cause
existing structures to become nonconforming with
respect to building area or lot size. When lots are
platted abutting a collector or arterial street, access
shall be limited to local streets or marginal access
roads. No access from individual lots shall be
permitted directly to collector or arterial streets.
Double frontage lots or through lots shall be avoided
except where essential to provide separation of
residential development from traffic arteries or to
overcome specific disadvantages of topography or
orientation. Where double frontage lots are developed
they shall be buffered as required by this ordinance.
Comer lot lines at intersecting rights-of-way shall
be the long chord of a twenty-five-foot radius or of a
greater radius where deemed necessary. Comer lots
shall be designed to provide a safe intersection with
respect to sight distance. A restriction shall be defined
on the plat prohibiting construction or plantings over 2
foot six inches high on comer lots within a safe sight
distance based on the crown elevation of the street.
(Ord. No. 96-56, § 6, 1-21-97)
Sec. 8. Seawalls, bulkheads, piers and
docks.
Seawalls, bulkheads, piers and docks installed
along access waterways shall be installed under
permit issued by the Boynton Beach Development
Department. Seawalls and bulkheads shall be
constructed with the water side face being on the
property line.
Sec. 9. Soils.
Test borings of subsurface condition of the tract
are required. When nonpervious soils or unstable soils
(peat, muck, etc.) are encountered, the developer shall
provide such additional design and construction as are
necessary to assure proper drainage and development.
Test locations and results shall be recorded on the
construction plans.
Sec. 10. Streets.
Street layout shall be coordinated with the street
system of the surrounding area. Consideration shall
be given to existing and planned streets,
topographical conditions, public convenience, safety
and relation-ship to the proposed use of the land to be
served. The arrangement of streets in new
subdivisions shall provide for the continuation of
existing streets in adjoining areas not subdivided, and
shall provide for the proper projection of streets.
When a subdivision adjoins unsubdivided land, then
the new street, where necessary, shall be carried to
the boundary of the tract proposed to be subdivided to
promote reasonable development of adjacent lands,
and provide continuity of street systems. The new
subdivision shall provide for the incorporation and
compatible development of present and future streets
shown on the thoroughfare map adopted by the City
Commission.
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Required Improvements 9
A. TRAFFIC ANALYSIS. A subdivision that
will generate three thousand (3,000) one-directional
vehicle trips per day or two hundred fifty (250) one-
directional vehicle trips in any one-hour period must
submit a traffic impact analysis along with the master
plan. The analysis shall be prepared by a professional
engineer and shall be used to determine the number of
lanes, capacity of street systems proposed or affected
by the development, and the phasing of improvements.
When a subdivision will not generate sufficient one-
directional vehicle trips to warrant a traffic impact
analysis, an intersection analysis must be submitted
along with the master plan.
B. STREET RIGHT-OF-WAY WIDTH.
Minimum street right-of-way width shall be as
follows:
Right-of-Way Width
Street Type On feeO
Expressway ........................................................... 300
Major arterial ........................................................ 200
Arterial .................................................................. 120
*Collector ............................................................... 80
*Local with mountable curb .................................... 50
*Local with swales .................................................. 60
Marginal access ....................................................... 40
*The fight-of-way width may be reduced by eight (8) feet if
the provisions of Chapter 6, Art. III, Sec. 11 are met.
C. STREET PAVEMENT WIDTHS. Street
pavement widths shall be constructed in accordance
with city standards.
D. DEAD-END STREETS. Dead-end streets
shall be constructed in accordance with city standards.
E. CONSTRUCTION IN MUCK OR CLAY
AREAS. When streets or alleys are to be constructed
in muck area, the muck or peat shall be completely
removed from the centerline (10) feet beyond the edge
of pavement on each side. When gumbo or other
plastic clays are encountered, they shall be removed
within the roadway area one foot below the subgrade
extending horizontally to the outside edge of the
shoulder area. The design of streets proposed in
excessive muck areas shall be considered on an
individual basis.
F. MATERIALS. Streets shall include a
subgrade, base and wearing surface in accordance
with current city standards. Local streets shall be
paved with one and one-half (1-1/2) inches of Type
S-II or S-III asphaltic concrete surface course placed
in two lifts on an acceptable base with a stabilized
subgrade producing a fifty (50) p.s.i. Florida bearing
value. All other streets of higher classification shall
be paved with one and three-quarters (1 3/4) inches of
Type S-II or S-III asphaltic concrete surface course
placed in two lifts on an acceptable base with a
stabilized subgrade producing a seventy-five (75)
p.s.i. Florida bearing value. Acceptable base material
shall be limerock or approved local shell having a
twelve-inch compacted thickness or the equivalent of
sand asphalt plant mix meeting state standards. An
alternate of Type I asphaltic concrete one and one-
half (1-1/2) inches thick may be used on all streets of
higher classification.
G. ALTERNATE TYPES OF PAVEMENT,
BASE AND SUBGRADE. Alternate types of
pavement, base and subgrade which, in the opinion of
the city engineer, are equal or superior to those
specified may be approved. Application for such
approval shall be accompanied by written data,
calculations and analyses which show, by accepted
engineering principles, that the alternate types are
equal or superior to those specified.
H. STABILIZED SHOULDERS. Stabilized
shoulders eight (8) feet wide shall be provided for
distress lanes unless paved lanes are provided. The
shoulder shall consist of a six-inch layer of soil
having a minimum of fifty (50) p.s.i. Florida bearing
value for local streets and seventy-five (75) p.s.i, for
streets of higher classification. Where sod is desired,
it shall be installed prior to acceptance of the
subdivision. As an alternative, six (6) inches of
stabilization may be left four (4) inches below
finished grade. No time extensions will be granted on
the basis of incomplete stabilized shoulders.
I. STREET GRADES. Street grades shall be
determined in relation to the drainage installations for
the subdivision. Street ~grades shall not exceed two
and one-half per cent (2/2%) unless adequate protec-
tion for erosion is provided. Swale section grades
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shall not be less than thirty-two hundredths per cent
(0.32%) and guttered section grades shall not be less
than twenty-four hundredths per cent (0.24%) unless
otherwise approved by the city engineer. Road
drainage shall be shown on development plans by
direction, per cent of fall and with a centerline
distance between control points.
J. SWALE AND SWALE GRADES. Swale
grades within the right-of-way shall comply with
current city standards including, but not limited to, the
recreation and parks department policy and procedure
manual. Runoff may be accumulated and carried in
swales or guttered sections in the right-of-way along
streets in accordance with the maximum flood lines
shown in the current city standards. Water in excess
of these quantities shall not be carried in the street
swale or gutter but shall be diverted into storm
facilities.
K. STREET JOGS PROHIBITED. Local street
jogs with centerline offsets of less than one hundred
twenty-five (125) feet are prohibited.
L. MARGINAL ACCESS STREETS. Where a
subdivision abuts an arterial or higher classification
street and adjoining property owners desire access
other than at street connections, a marginal access
street shall be required from an intersection to the
edge of the subdivision.
M. LOCAL STREETS. Local streets shall be
laid out so as to discourage through traffic.
N. RAILROADS ON OR ABUTTING SUBDI-
VISIONS. When a subdivision borders on or contains
a railroad right-of-way, a street approximately parallel
to and on each side of such right-of-way may be
required so as to permit appropriate use of the
intervening land for park purposes in residential
districts or for commercial or for industrial purposes in
appropriate districts.
O. HALF STREETS. Half or partial streets are
prohibited except where essential to the reasonable
subdivision of a tract in conformance with the
thoroughfare plan and these regulations. In addition,
satisfactory assurance for dedication of the remaining
part of the street must be provided. Whenever a tract
to be subdivided borders on an existing half or partial
street, the other part of the street may be required to
be dedicated and constructed within such tract. A
proposed subdivision that adjoins or includes an
existing street which does not conform to the mini-
mum right-of-way requirements of these regulations
shall dedicate right-of-way along either one or both
sides of said street so that the minimum right-of-way
requirements of these regulations can be met.
P. THOROUGHFARE INTERSECTIONS.
Minimize the number of driveways and access roads
which intersect thoroughfares and design these
driveways and access roads to allow for signalization.
Q. STREET NAMES. Proposed streets which
are in alignment with other existing and named streets
shall bear the same name as the existing street. All
other street names shall include a modifier such as
street, lane, avenue, boulevard, drive, place, court,
etc. and shall not duplicate or be phonetically similar
to existing street names regardless of the use of the
modifier.
R. ALIGNMENT, TANGENT, DEFLEC-
TION, RADII. Streets shall be laid out to intersect as
nearly as possible at right angles. Multiple
intersections involving the junction of more than two
(2) streets are prohibited. The point of curvature of
any local street shall not be closer than one hundred
(tOO) feet to any intersection. All intersections shall
be designed to provide adequate stopping and sight
distance in accordance with the current city standards.
S. STREET MARKERS. One street marker as
prescribed by current city standards shall be provided
at each intersection eight (8) feet from the edge of
pavement on a radial line that bisects the intersection
radius curve.
T. SIDEWALKS. Sidewalks shall be con-
structed in accordance with city standards. Sidewalks
shall be placed within the right-of-way one (t) foot
from the right-of-way line, unless otherwise approved
by the city engineer.
2002 S-t8
Required Improvements 11
U. COLLECTOR ROAD DEDICATION.
Collector roads within subdivisions shall be dedicated
as public streets.
V. LOT ACCESS. Individual lots shall have
access to an internal street system.
W. LIMITED ACCESS EASEMENTS.
Limited access easements shall be provided along
collector and arterial roads.
X. CROSS ACCESS ROAD. Provide cross
access roads between commercial sites wherever
practical to minimize trips on nearby thoroughfares.
Y. ALTERATIONS TO MEDIANS.
Whenever alterations of medians are deemed
necessary by the City Commission for the promotion
and protection of the health, safety and general
welfare of the community, the costs for such
alterations shall be borne by the developers or
property owners of such land development projects.
Z. IMPACTS OF CONSTRUCTION. All
construction activity regulated by this code shall be
performed in a manner so as not to adversely impact
the conditions of adjacent properties, unless such
activity is permitted to affect said property pursuant to
a consent granted by the adjacent property owner,
under terms or conditions agreeable to the adjacent
property owner. This includes, but is not limited to,
the control of dust, noise, water or drainage runoff,
debris and the storage of construction materials. New
construction activity shall not adversely impact
historic surface water drainage flows of adjacent
properties, and may require special drainage
considerations complying with engineering standards
to preserve the positive drainage patterns of the
affected sites. Accordingly, developers, contractors
and owners of all new residential developments,
including additions, pools, patios, driveways, decks or
similar structures, on existing properties that decrease
the permeable land area in excess of 800 square feet
on any parcel shall provide a professionally prepared
drainage plan clearly indicating compliance with this
division. Upon completion of the improvements, a
certification from a
Florida-licensed engineer shall be submitted to the
inspector prior to the issuance of any certificate of
occupancy.
(Ord. No. 96-56, 8 7, 1-21-97; Ord. No. 97-25, 8 1, 7-
1-97; Ord. No. 02-033, 88 3, 4, 8-20-02)
Sec. 11. Street lighting.
Where street lighting is installed, it shall be
installed on all local and collector streets, at each
intersection, at the end of cul-de-sacs, and wherever,
in the opinion of the city engineer, a dangerous
condition is created. Between intersections, street-
lights may be engineered for security purposes only.
Streetlights shall be wired for underground service
except where aerial service is permitted by Section 13
of this article.
(Ord. No. 02-033, 8 3, 8-20-02)
Sec. 12. Bicycle/pedestrian paths.
Bicycle/pedestrian paths shall be eight (8) feet
wide. In driveway and commercial areas, the surface,
base and subgrade requirements of Article IV, Section
10, subsection F shall be met. In other areas, one inch
Type II asphaltic concrete on a four-inch thick
compacted base of locally approved limerock or shell
shall be used. When bicycle/pedestrian paths are not
located within road rights-of-way, the base shall
extend six (6) inches from each side of the surface
and muck shall be completely removed below the
base. Three-quarter (3/4) inch thick Type I asphaltic
concrete may also be used. The cross slope shall be
one-quarter (1/4) inch per foot.
(Revised 4-26-95)
Sec. 13. Utilities.
Utilities, including power and light, telephone,
telegraph, water, sewer, cable television, wiring to
streetlights and gas shall be installed underground.
This section shall apply to all cables, conduits or
wires forming parts of an electrical distributions
system
2002 S-18
12 Boynton Beach Code
including service lines to individual properties and
main distribution feeder lines delivering power to
local distribution systems, except that it shall not
apply to wires, conduits or associated apparatus and
supporting structures whose exclusive function is
transmission or distribution of electrical energy
between subdivisions, generating stations, substations
and transmission lines of other utility systems, or
perimeter lines located adjacent to the subdivision.
Appurtenances such as transformer boxes, pedestal
mounted terminal boxes, meter cabinets, service
terminals, telephone splice closures, pedestal type
telephone terminals or other similar "on the ground"
facilities normally used with and as a part of the
underground distributions system may be placed
above ground, but shall be located so as not to
constitute a traffic hazard. Easements shall be
coordinated with requisite utility authorities and shall
be provided as prescribed by this ordinance for the
installation of underground utilities or relocating
existing facilities in conformance with the respective
utility authority's rules and regulations. The city
engineer may waive the requirement for underground
installation if the service to the adjacent area is
overhead and if it does not appear that further
development in adjacent areas with underground
utilities is possible. Any new service which is allowed
by the waiver herein to be supplied by overhead
utilities shall be connected to a service panel that is
convertible for underground utility service at a future
date. The developer shall make necessary cost and
other arrangements for such underground installations
with each of the persons, firms or corporations
furnishing utility service involved. Utilities shall be
constructed in easements as prescribed by this
ordinance.
(Ord. No. 02-033, §§ 3, 4, 8-20-02)
Sec. 14. Utility installation.
After the subgrade for a street has been
completed, the remainder of the street right-of-way
has been graded and before any material is applied, all
underground work for the water mains, sanitary
sewers, storm sewers, cable television, gas mains,
telephone, electrical power conduits and
appurtenances
and any other utility shall be installed completely
through the width of the street to the sidewalk area or
provisions made so that the roadway or right-of-way
will not be disturbed for utility installation. All
underground improvements installed for the purpose
of future service connections shall be properly capped
and backfilled.
Sec. 15. Median strips and entranceways.
A. MEDIANS. Medians that are part of a
dedicated or deeded right-of-way may not be utilized
for any purpose other than by the city or a public
utility. If a developer desires to beautify a median in
a subdivision, he or she may do so by placing grass
and shrubs of small root structure within the medians
under the right-of-way permit issued by the city
engineer.
B. SUBDIVISION ENTRANCEWAYS.
Subdivision entranceways consisting of walls, fences,
gates, rock piles or the like are not permitted within
the median strip or other areas in a dedicated or
deeded right-of-way. Decorative entranceways must
be constructed upon plots of land adjacent to a right-
of-way in compliance with the zoning, building and
sign codes and must not constitute a traffic hazard. A
guardhouse located so as not to create a traffic hazard
may be constructed at the entrance to a development
having private streets.
(Ord. No. 02-033, §§ 3, 4, 8-20-02)
Sec. 16. Fire hydrants.
Fire hydrants shall be no more than three
hundred (300) feet apart and the remotest part of any
structure shall be no more than two hundred (200)
feet from a hydrant. Connections shall be to mains no
less than six (6) inches in diameter. In addition to
domestic requirements at residual pressures of not
less than twenty (20) pounds per square inch, fire
flow of at least one thousand five hundred (1,500)
gallons per minute shall be provided as a minimum
standard.
2002 S-18
Required Improvements 13
Exceptions: In one and two (2) story residential
subdivisions with not more than ten (10) dwelling
units per acre, fire hydrants may be spaced up to five
hundred (500) feet apart but not more than three
hundred (300) feet from the center of any lot in the
subdivision. The system shall provide flow capacity
of at least five hundred (500) gallons per minute in
addition to maximum day domestic requirements at
specified residual pressures.
Sec. 17. Traffic control devices.
The design of traffic control devices shall be in
accordance with the manual for uniform traffic control
devices.
Sec. 18. Monuments.
The design of permanent reference monuments,
"P.RM.'S" and permanent control points, "P.C.P.'S"
shall be as prescribed by Chapter 177, Florida
Statutes, as amended. Where such monuments occur
within street pavement areas, they shall be installed in
a typical water valve cover, as prescribed in the
current city standards.
Sec. 19. Commercial and industrial
subdivisions.
Commercial and industrial subdivisions shall
comply with all of the requirements of this ordinance,
except that all local streets shall be designed and
constructed according to the collector street typical
section contained in the current city standards.
Sec. 20. Nuisance abatement.
Applicant shall describe in writing how blowing
sand, dust and other airborne matter will be controlled
during clearing, grading and filling and until such time
as permanent ground cover is installed.
ARTICLE V. CONSTRUCTION OF
REQUIRED IMPROVEMENTS
Sec. 1. Construction methods.
Construction methods shall be those prescribed
in the current "Department of Transportation
Standard Specifications for Road and Bridge
Construction."
Sec. 2. Administration of construction.
After issuance of a land development permit by
the city engineer, a developer may construct the
required improvements subject to obtaining all
required permits. Construction shall be performed
under the surveillance of, and shall at all times be
subject to review by, the city engineer or his
designee; however, this in no way shall relieve the
developer and his or her Florida-registered engineer
of the responsibility for administration, coordination
and final compliance with the approved plans,
specifications and all applicable rules, ordinances,
resolutions, laws, etc. The city engineer or his
designee shall have the right to enter the property
during the progress of construction. The developer's
engineer shall submit construction progress reports at
points of progress prescribed by the city engineer, as
well as final certification of completion of required
improvements. The developer's engineer shall
coordinate joint reviews of construction with the city
engineer or his designee. The city engineer, or his
designee, shall have the authority to stop work upon
failure of the developer or his engineer to administer
and/or coordinate the construction of the required
improvements as prescribed by this ordinance.
(Ord. No. 02-033, §§ 2-4, 8-20-02; Ord. No. 03-018,
§§ 1-3, 6-3-03)
Sec. 3. Measurements and tests.
The city engineer may require, at his or her
discretion, tests and measurements that he or she
deems necessary.
(Ord. No. 02-033, § 3, 8-20-02)
2003 S-20
14 Boynton Beach Code
Sec. 4. Construction documents.
A. PREPARATION & SUBMITTAL OF
CONSTRUCTION DOCUMENTS. Upon approval of
the master plan by the City Commission, the
developer shall prepare and submit to the city engineer
within six (6) months four (4) sets of signed and
sealed construction plans, along with a non-
reimbursable fee, as adopted by resolution of the City
Commission, payable to the City of Boynton Beach.
The subdivision of a large tract may be developed in
two (2) or more phases and the developer may submit
construction plans for approval to develop the
subdivision in phases. The construction plans and plat
shall coincide with the master plan as approved, and
any deviation desired by the developer must be
approved by the TRC by application from the
developer and re-submittal.
B. CONSTRUCTION PLANS.
1. Construction plans shall be submitted
for all the improvements required by this ordinance.
The plans shall be under separate cover for each of the
following when required:
a. Paving, grading and drainage
b. Bridges
c. Water and sewerage systems
d. Street lighting, landscaping within
public rights-of-way, parks, recreational areas and
parking areas. Plans for street lights shall have the
approval of the requisite utility authorities involved.
2. The plans shall be so complete that
from them a complete review and analysis can be
made without research of any outside data. The
plans shall consist of and contain, but shall not be
limited to:
sketch.
a. A cover sheet, including a vicinity
b. Plan showing complete details
including water, sewer and storm drainage systems.
c. In addition to a master storm
water management plan, complete calculations used
to design the storm water system.
quantities.
d. Typical sections and summary of
e. Construction details showing
compliance with city standards, or alternate design as
approved by the city engineer.
f. Special profile sheets, if
necessary, showing special or unique situations.
datum.
g. Bench mark, based on N.A.V.D.
h. Soil analysis, showing the
locations and results of test borings of the subsurface
condition of the tract to be developed. Where
impervious soils are encountered, the plans shall
reflect a satisfactory design to cope with such
conditions. The city engineer may require additional
design and construction as necessary to assure proper
drainage and development of the area.
i. The plans shall contain the special
conditions and specifications pertaining to the
subdivision in note form on the plans, such as:
this ordinance.
(1) Required compliance with
(2) Where applicable, required
compliance with state standards as currently adopted
and in use.
materials.
(3) Minimum standards for
(4) Test requirements for
stabilization, base and backfill.
service.
(5) Source of water and sewer
2002 S-18
Required Improvements 15
(6) Installation of subsurface
construction such as waterlines, sewer lines, public
utilities and storm drainage prior to compaction of
subgrade and roadway construction.
(7) Plans and statements which
show and describe how blowing sand, dust and other
airborne particulates will be minimized.
3. Projects engineered by more than one
firm shall be coordinated by a single engineering firm.
4. A certified cost estimate shall be
prepared by the developer's engineer and shall include
the cost of surveying, testing and all required
improvements.
C. APPROVAL OF CONSTRUCTION
PLANS. The city engineer, or his or her designee,
shall review the construction plans as to their
conformity with these land development regulations,
and within twenty (20) working days from the date of
the submittal of the plans, the city engineer shall
inform the developer's engineer that the plans as
submitted do or do not meet the provisions of this
ordinance.
1. When the city engineer finds that the
construction plans do not meet the provisions of this
ordinance, the city engineer shall advise the
developer's engineer in writing and reference shall be
made to the specific article, section and paragraph
with which the plans and plat do not comply. Upon
such findings, the developer's engineer shall make the
corrections or revisions as defined in the written
statement and shall resubmit the construction plans.
2. When the city engineer determines that
the construction plans meet the provisions of this
ordinance, the city engineer will so advise the
developer.
3. When the city engineer determines that
the construction plans are not acceptable, the
developer and/or the developer's engineer will consult
with the city engineer to determine what changes are
required.
When the city engineer approves the construction
plans, he or she shall so advise the developer's
engineer and furnish a written statement of technical
compliance and surety establishment. Upon receipt
of technical compliance, the developer's engineer
shall submit four (4) sets of construction plans,
including copies of the health department's final water
and sewer permits, at the time of submission of the
final plat.
4. Technical compliance of the
construction plans shall not constitute acceptance of
the final plat; rather it shall be deemed a guide to the
preparation of the final plat.
5. Technical compliance of the
construction plans and optional preliminary plat shall
not be construed as authority for filing the plat with
the clerk of the circuit court of Palm Beach County,
nor as authority for the sale of lots in reference
thereto.
6. Building permits shall not be issued for
any permanent structure on a lot wherein the final plat
has not been recorded in the manner prescribed,
unless the recording of the plat is not required by
Chapter 5 of these Land Development Regulations.
(Ord. No. 96-56, § 8, 1-21-97; Ord. No. 02-033, §§ 3,
4, 8-20-02)
Sec. 5. Completion of improvements.
In order to obtain final approval of required
improvements, the developer shall submit the
following documents to the city engineer for
acceptance:
A. ENGINEERS CERTIFICATION. The
developer's engineer shall certify in writing that the
required improvements were installed under his
responsible direction; that improvements conform
with approved construction plans and all laws,
regulations, codes, etc. including, but not limited to,
this chapter; and that the required improvements have
been completed.
2002 S-18
16 Boynton Beach Code
B. AS-BUILT DRAWINGS. One complete set
of construction plans on a high quality time stable
reproducible material showing the original design as
compared to the actual finished work.
C. TESTS AND REPORTS. One complete set
of all measurements, tests and reports made
concerning work and materials during construction of
the required improvements.
(Ord. No. 02-033, §8 3, 4, 8-20-02)
Sec. 6. Time extensions.
All 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 city engineer, after the
developer presents a written request for extension to
the city engineer at least thirty (30) days prior to the
expiration of the existing permit. No time extension
shall exceed one year.
(Ord. No. 02-033, 88 3, 4, 8-20-02; Ord. No. 03-018,
88 1-3, 6-3-03)
Sec. 7. Obtaining Certificates of Occupancy.
No Certificates of Occupancy will be issued for
buildings in the platted subdivision until all required
improvements are completed and accepted by the City,
except that a developer may, at his option, post
additional 110% surety in compliance with Chapter 7
for work which may be more prudently put in place
subsequent to building construction such as sidewalks
and landscaping. Certificates of Occupancy will not
be issued for the final ten (10) percent of the buildings
until such work is accepted by the city as completed.
(Ord. No. 96-56, 8 9, 1-21-97)
ARTICLE VI. ACCEPTANCE AND
MAINTENANCE OF REQUIRED
IMPROVEMENTS
Sec. 1. Workmanship and material agreement.
The developer shall execute and deliver to the
city a cash bond or other acceptable surety in an
amount determined by the city engineer,
guaranteeing the required improvements that are
dedicated to the public against defect in workmanship
and material for one (1) year after acceptance of such
improvements by the City Commission. Surety shall
be as specified in Chapter 7 and shall be delivered to
the city simultaneously with the satisfactory delivery
of the documents required in Article V, Section 5, of
this chapter.
(Ord. No. 02-033, 88 3, 4, 8-20-02)
Sec. 2. Acceptance of dedication and
maintenance of improvements.
The dedication of public space, parks, rights-of-
way, easements or the like on the plat shall not
constitute an acceptance of the dedication by the city.
The acceptance of the dedication shall be indicated by
a resolution of the City Commission adopted when all
improvements meet or exceed the standards set forth
by this ordinance. The city engineer, upon
satisfactory completion of all improvements, shall
notify the City Commission that the developer has
complied with all of the provisions of this ordinance
and shall recommend acceptance of the dedications
and, when applicable, the maintenance of the required
improvements. Upon such recommendations the City
Commission, by resolution, shall approve the
development, the dedications on the plat and the
maintenance responsibilities of the required
improvements identified thereon.
(Ord. No. 02-033, 88 3, 4, 8-20-02)
2003 S-20
Required Improvements 17
Sec. 3. City completion of required
improvements.
When a plat has been recorded and the developer
fails to complete the improvements required by this
ordinance, the City Commission may, at it's option,
complete the publicly owned and maintained
improvements or restore the site to its original
condition under the guarantees provided by the
developer. In such case, the City Commission shall
direct the city engineer to call upon the guarantees as
outlined in Chapter 7, Article I, Section 2, paragraph
D.
(Ord. No. 96-56, § 10, 1-21-97; Ord. No. 02-033, § 3,
8-20-02)
ARTICLE VII. SUBDIVISIONS
CONTAINING/ADJOINING WATERFRONT
PROPERTY
Sec. 1. General design.
When a developer designs a subdivision
containing/adjoining waterfront property either
existing or proposed such as canals, water courses,
lakes, streams, drainage ways or channels, such
subdivision shall comply and conform to the
requirements of this article and this chapter.
Sec. 2. Easements or rights-of-way.
Provide storm water easement or a drainage right-
of-way conforming substantially with the lines of
watercourse and of such further width or construction
or both as will be adequate for the purpose.
Additional right-of-way may be required where
necessary for maintenance, safety and convenience.
Sec. 3. Design.
Where canals, watercourses, lakes, streams,
drainage ways or channels are adjacent to or exist
upon the property to be subdivided, they shall retain
natural characteristics or design and protect waterways
so as to
not present a hazard to life and safety. Access
waterways proposed in conjunction with a
subdivision shall have a minimum water depth of six
(6) feet for a continuous bottom width of twenty (20)
feet. Where seawalls, bulkheads or retaining walls
are not required, the design shall incorporate a
minimum of a four to one (4:1) slope from existing
ground to a depth of six (6) feet.
Sec. 4. Construction and permitting.
A. PLANS. No person, firm, corporation, or
any other association shall alter, reroute, deepen,
widen, change, or construct any waterway without
first submitting construction plans and an application
for such work to the city engineer for a dredge, fill
or excavation permit. Prior to the issuance of
such a permit, the plans shall be approved by the city
engineer.
B. AGENCY APPROVALS. Where the
dredge, fill, or excavation affects public property or
sovereign land, the construction plans shall, prior to
issuance of permit, be approved by the governing
agencies having control over public property or
sovereign lands such as the South Florida Water
Management District, Trustees of Internal
Improvement Fund, Corps of Engineers, Department
of Environmental Protection, Lake Worth Drainage
District, or any other public agency having
jurisdiction in such matters.
C. DEDICATION OF RIGHTS-OF-WAY.
Prior to the construction or alteration of watercourses
as prescribed in paragraphs A and B of this section,
right-of-way required for such work must be
appropriately dedicated. Where such construction or
alteration affects a governmental agency, the
dedication, deed or easement shall be to such agency.
(Ord. No. 02-033, § 2, 8-20-02)
Sec. 5. Seawalls, bulkheads, docks and piers.
Prior to construction of any seawall, bulkhead,
dock or pier a construction permit shall be obtained
from the City of Boynton Beach Development
Department.
2002 S-18
18 Boynton Beach Code
Sec. 6. Dedication.
A. DRAINAGE EASEMENTS. Where, in the
opinion of the city engineer, public rights for drainage
purposes are necessary, an easement shall be dedicated
to the city.
B. WATERWAYS. Waterways except for
public drainage easements shall be dedicated to a
property owners' association or reserved for the use of
the residents of a subdivision when the subdivision is
developed as a condominium or cooperative
development as defined by Florida Law. IN lieu of the
foregoing, waterways may be dedicated to a legally
constituted drainage district.
C. MAINTENANCE. Perpetual maintenance
of rights-of-way or easements for canals,
watercourses, lakes, streams, channels or other water
management areas shall be dedicated to a property
owners' association unless the right-of-way or
easement is public. IN those cases maintenance may
be dedicated to the city for the limited purpose of
providing minimum drainage as determined by the
city engineer.
(Ord. No. 02-033, § 2, 8-20-02)
Sec. 7. Exceptions.
This article shall not apply either to drainage
easements containing subsurface drainage systems or
to the operation or activities of a governmental water
control district.
2002 S-18