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04-039ORDINANCE NO. O~J- 0~ AN ORDINANCE OF THE CITY OF BOYNTON FLORIDA, AMENDING ORDINANCE 03-058, EARLY RETIREMENT INCENTIVE PERMIT OTHERWISE ELIGIBLE FIREFI~ USE PRIOR MILITARY SERVICE BUYBA~ PURPOSES OF SATISFYING THE ELIGIBILITY REQUIREMENT RETIREMENT; PROVIDING FOR CONFLICTS AND AN EFFECTIVE TO FOR YEAR EARLY WHEREAS, the City trust fund for firefighters; presently has a retirement plan and WHEREAS the City of Boynton service of its firefighters who have been , wishes to recognize the valuable ~ers of the United States Armed Forces; WHEREAS past service and 175.032(4), Florida Statutes; buyback is authorized under Section WHEREAS three years of early or normal with the City to participate ~rdinance 03-058 permitted employees who are within who will have earned fifteen years of service early retirement incentive program; WHEREAS recommended the of Trustees of the Firefighters Pension Trust Fund has of this Ordinance; and interest the City Council finds that the passage of this Ordinance is in the firefighters and the citizens of the City of Boynton Beach; CITY THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE BOYNTON BEACH, FLORIDA: h Section 2 of Ordinance 03-058 is hereby amended to read as follows: Section 2. The City Commission hereby creates an Early Retirement Incentive for any full-time City employee who, as of September 30, 2004, will have at be a minimum of fifteen years of employment with the City~ inclusive of prior military service purchased in compliance with Ordinance No. 01-46; and is within (3) years of early or normal retirement. Pa~e i of 2 Employees who meet both criteria for participation are hereinafter referred to2ag'~ligible Employees". / Section 2: That all Ordinances or parts of Ordinances in co]/tlict herewith be and the same are hereby repealed. Section.~.._~3: Should any section or provision of this Ordi~nce or portion hereof, any paragraph, any sentence, or word be declared by a court of/6ompetent jurisdiction to be invalid, such decision shall not affect the remainder of t~Ordinance. / Section 4: Authority is hereby granted to co~4~ this Ordinance. / Section 5: This Ordinance shall become ~gective immediately upon passage. / FIRST READING, this 3_ day of ,luring' 2004. SECOND, FINAL READING AN/l~ day of PASSAGE, this / ,2004. / CITY OF BOYNTON BEACH, FLORDA ATTEST: Mayor Vice Mayor Commissioner Commissioner City Clerk (CORPORATE SEAL) Commissioner Pa~e 2 of 2 I' , ' 'I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 ORDINANCE NO. ~ O~l1 AN ORDINANCE OF THE CITY P: BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER /22 "STREETS A l\TT- SIDEWALKS", PROVIDINGI FOR NEW pp~ -'-_ REQUIREMENTS FOR S EW AT V" 0 ^ ,. t~ - L.D CONNECTIONS WIT~ ~ _~L ~ PROVIDING FOR ~~-51Ig Dl1' . ELIMINATE CONFUS ~ C ..~ PROVIDING FOR cc t>P'B CODIFICA nON A AN EI ~ cr1--' ~/'~D has recommended inco ora on of new permitting ~ _ unveway { Section 1. ereas clause is true and correct and is now ratified and the words and Chapter 22. "Streets and Sidewalks. of the Land Development City of Boynton Beach Code f Ordinances is hereby amended by adding leting the words and figures in struck- through type,' the attached Exhibit "A". Each and every other provision of t Land Development Regulations ecifically amended, shall remain in full force and feet as originally adopted. All laws and ordinances applying to the ity of Boynton Beach in conflict ith any provisions of this ordinance are hereby repealed. ection 5. Should any section or provision of this ord~nce or any portion be declared by a court of competent jurisdiction to be invalid, sU~decision shall not the remainder of this Ordinance. Authority is hereby given to codify this Ordinance. Section 6. / Section 7. This Ordinance shall become effective immediately. ! I FIRST READING this J1L day of May, 2004. SECOND, FL~AL READING AND PASSAGE this _ day of S:\CA\Ordinances\LOR Changes\Amdending LOR - Chapter 22. Streets and Sidewalks.doc II May, 2004. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: City Clerk \ \ S:\CA\Ordinances\LOR Changes\Amdending LOR. Chapter 22 - Streets and Sidewalks.doc Sec. 1. Street designation system. * * * EXHIBIT" A" LAND DEVELOPMENT REGULATIONS CODE OF ORDINANCES, PART III CHAPTER 22 TREETS AND SIDEWALKS ARTICLE I. IN GENERAL All streets, avenues or other thorou fares for ve lcular traffic shall be designated in accordance with city standards. Such designat n shall b vested in the director of development public works who shall also maintain the city's aster roadway file and allocate secondary street designations at his or her discretion. carr Sec. 1.1 Street namin!! system. Street names shall be issued as B. accordingl y. C. fixes shall be limited in use as follows: North-South Direction East - West Direction Court Drive Lane Avenue Boulevard Place Page 1 of 16 CODING: Words in strike threagh type are deletions from existing law. Words in underscore type are additions. Parkway Street Road Way The suffixes 'Boulevard' and 'Parkway' shall be reserved for arterials and collectors. The suffix 'Circle' is an option for either direction, however, it should be used as the name implies, i.e., a curvilinear roadway. The use of 'Terrace' and 'Trace' shall be reserved for minor streets, cul-de-sacs, etc. Any other requested suffix shall be approved by the director of public works prior to its inclusion into any development. Sec. 1.2 Vanitv street name chan!!es. A. Standard street name changes shall conform to the standards and requirements for naming streets as set forth in the preceding section, and shall be permitted only under the following circumstances: 1. In response to a City Commission directive, or 2. To eliminate duplication or confusion in street names, or 3. To reduce confusion in addressing. B. Name changes which do not meet the criteria above are considered "vanity street names" for the purposes herein and are permitted only under the following limited circumstances: 1. The desired name will not create confusion; and 2. The desired name does not duplicate in whole or in substantial portion, the name of any existing street: and 3. All property owners abutting the road have signed a petition requesting the change and a completed application has been submitted to the Department of Public Works/Engineering Division; and 4. The established fee of $1 AOO.OO has been paid; and 5. The entire length of the street must be renamed; and 6. The City Commissioners have approved the request. Sec. 1.3 Street numberin!!/addressin!!. Lot or parcel addressing for individual tracts of land shall be designated in accordance with the city's Uniform Addressinf! Procedure policy. Such designation shall be vested in the director of public works or his designee, who shall also maintain the city's master roadway file. Page 2 of 16 CODING: Words in strike tflmugh type are deletions from existing law. Words in underscore type are additions. The addressing number system currently in use within the corporate limits of the city shall be maintained. For those lots or parcels located in the neighboring local government (Palm Beach County) that are or will be annexed into the city will, if possible, be assigned in a manner that maintains: 1. A logical sequence of numbers along the street or roadway on which the property is located, and as established in that neighboring government. and 2. A consistent pattern of separation of even and odd numbers. The establishing of the exact number of a particular lot or parcel entails the dimensions of the lot in question, and its distance from the nearest land line or street as given in the legal description. If the lot is on an East-West (E- W) street. it will receive an E- W number (even numbers on the south side of the street and odd numbers on the north side). If the lot is one on a North-South (N-S) street. it will received a N-S number (even numbers on the east side of the street and odd numbers on the west side). Sec. 1.4 Vanity Street numberinl!/addressinl!. A. Street numbering and addressing for commercial and residential property, shall be based on the City's grid system as described. B. Requested addresses which do not adhere to the City's grid system are considered "vanity addresses" for the purposes herein, are prohibited for residential uses and shall not be permitted for non-residential uses except under the following circumstances: 1. The entity requesting the "vanity address" is a prominent commercial entity and has a location which is widely recognized in the community: and 2. The requested number is not out of sequence with any existing numbers on the same street. (For example, the number 100 would not be permitted on a lot which is located between two existing lots with the addresses #500 and #550): and 3. the property: and Emergency Medical Services and the Post Office would be able to locate 4. An individual with the assistance of a generally distributed local street map would be able to locate the property without undue difficulty: and street: and 5. The requested address does not duplicate an existing address on the same 6. The requested address would, in no way, be injurious to or infringe upon the existing rights of any other commercial entity in the County: and Page 3 of 16 CODING: Words in strike tm-oagh type are deletions from existing law. Words in underscore type are additions. 7. The requestor has submitted an affidavit which acknowledges that the requested address may result in delays in mail delivery and service provisions: and 8. The established fee has been paid and the requestor has submitted a complete application to the Department of Public Works/Engineering Division: and 9. The City Commissioners have approved the request and have made a finding that the address request is related to a City goal. such as economic development. which takes precedence over the goal of maintaining the city's grid system. * * * Sec. 3. Minimum width of new or rebuilt streets. The minimum width of paving of all new or rebuilt streets shall be in accordance with Land De':elopment Regulations current city standards. * * * Sec. 5. Certain construction activities~ Sidewalks, when required. Prior to the issuance of any certificate of occupancy/completion for any improvement exceeding -7{}.%-50% of its current assessed property valuation, the owners of all undeveloped lots, platted or unplatted, and the owners of all plots not subject to platting, shall construct a sidewalk thereon within the right-of-way in conformance with Chapter 6, Article IV, Section 10.T of the Land Development Regulations. This requirement shall also apply when a change in occupancy as defined in the Standard Florida Building Code occurs and/or when any building is reconstructed in an amount, which exceeds seventy (70) fifty (50%) percent of its current assessed valuation. A. No person shall improve any parcel within the city, except for accessory buildings and reconstruction or remodeling of existing buildings in any single-family or two-family zoning district, without first obtaining a sidewalk permit from the city engineer. B. No person shall construct any building, except for accessory buildings and reconstruction or remodeling of existing buildings or additions to existing buildings which amount to less than twenty-five (25) percent of the gross floor area of such building, in any zoning district in the city other than single-family or two-family districts, without first obtaining a sidewalk permit from the city engineer. C. The permits required by paragraphs A & B above shall be issued if one of the following requirements are met: Page 4 of 16 CODING: Words in strike throHgh type are deletions from existing law. Words in underscore type are additions. 1. If any street abutting the property on which such construction is to occur is depicted on the map or schedule on file in the Public Works Department of the city as a street on which sidewalk construction is to be required, sidewalks shall be constructed along the entire street frontage of such parcel: in the case of a corner lot, the sidewalk shall be constructed also along the access side. 2. If any street abutting the property on which such construction is to occur is not depicted on the map or schedule on file in the Public Works Department of the city as a street on which sidewalk construction is required, the property owner shall pay a fee equal to the cost to the city per square foot of construction of the sidewalk abutting the property, as such fee is determined annually by the director of public works. Such fees shall be utilized by the city for construction of sidewalks as provided in paragraph D hereof. D. The city shall establish four (4) accounts for sidewalk construction to be utilized only for construction of new sidewalks in the city. One (1) account shall be for construction of new sidewalks in the northwest quadrant (Commission District # 4) of the city: one (1) account shall be for construction of new sidewalks in the northeast quadrant (Commission District # 2) of the city: one (1) account shall be for construction of new sidewalks in the southeast quadrant (Commission District # 3) of the city: and one (1) account shall be for construction of new sidewalks in the southwest quadrant (Commission District # 1 ). E. The director of public works shall prepare and update annually a map or schedule of streets or portions of streets of which construction of sidewalks is to be required. In addition, the director of public works shall administer the requirements of this ordinance and determine the streets or portions thereof on which sidewalk construction is to be required, pursuant to the City Commission policy with respect thereto. Such policy shall be on file in the office of the city clerk and, together with the annually revised map or schedule, shall also be on file for public inspection in the Public Works Department of the city. F. Any person aggrieved by any decision of the director of public works regarding construction of sidewalks abutting such person's property may appeal the decision within thirty (30) days of the date thereof to the Planning and Development Board (PDB), which shall hear and decide such appeal. Applications for such appeal shall be in writing, accompanied by a one- hundred ($100.00) dollar application fee. The PDB may either affirm the decision of the director of public works, or may reverse such decision. The procedure set forth in this paragraph shall constitute the only available remedy for any person aggrieved by any decision of the director of public works with respect to sidewalk construction. The determination of the PDB is final unless appealed to the City Commission, and shall be the final administrative decision of the city, from which any further appeals shall be to a court of competent jurisdiction. For those areas in the Community Redevelopment Agency (CRA) district. the appeal procedure shall follow the same format. substituting the CRA for the PDB where applicable in the previous paragraphs. Page 5 of 16 CODING: Words in strike throtlgh type are deletions from existing law. Words in underscore type are additions. -Pr. G. Waiver. Upon the recommendation of the city engineer, sidewalk requirements may be waived for an individual lot when adequate pedestrian circulation is provided by existing bicycle or pedestrian paths, or where sidewalk requirement would not be compatible or in harmony with adjacent/nearby properties previously developed without sidewalks. An application fee adopted by resolution of the City Commission shall accompany applications for waiver of this section. Sec. 6. Permits required for work affectinl! trees and shrubs. No person may plant, remove, destroy, prune, set out. break, cut. deface or in any way injure or interfere with any tree, shrub, or similar plant within the public right-of-way on any street or alley, or upon property owned or maintained by the city, without first obtaining a public right-of-way permit pursuant to this chapter. For certain types of protected trees or shrubs, refer to Chapter 7.5, Article L Tree Preservation for the proper procedure in addressing such tree or shrub. Sec. 7. Vehicles crossin I! curbs and parkways. It shall be unlawful for any person to push, pull, drive or cause to be pushed, pulled or driven any wheeled or track-laving type vehicle, conveyance, machine, apparatus or equipment on, over or across, in whole or in part, any curb or pavement laving in or on any public street, except as provided in this section: A. Vehicles, as described herein, may be driven over pavement at driveways: and B. Vehicles, as described herein, may be driven over curbs and over pavement at other than driveways, provided that such curbs and pavement shall be adequately bridged and shored with suitable wooden or steel structures to protect such curbs and parkways. Sec. 8. Mailboxes on public ril!hts-of-way. All mailboxes placed in city right-of-ways shall be in compliance with all federal guidelines. The city shall not be responsible for damage caused during street maintenance to mailboxes not in compliance with federal guidelines. Sec. 9. Depositinl!. storinl!. processinl! material in streets and roadways. It shall be unlawful for any person to deposit, process or produce any material. including but not limited to any recreational item in or on any street or roadway or to store the same, either temporarily or permanently thereon: except. that building materials can be temporarily stored, processed or produced on streets or roadways if a permit has been obtained as provided in this chapter, and except that temporary storage of construction debris may be temporarily stored on streets or roadways in a container provided by a trash hauler for removal by such trash hauler, if a permit therefore has been obtained as provided in this chapter. Page 6 of 16 CODING: Words in strike through type are deletions from existing law. Words in underscore type are additions. Sec. 10. Removal of warnin!!s prohibited. It shall be unlawful for any person to move, remove, damage, destroy or extinguish any barrier, warning light. sign or notice erected, placed or posted in accordance with the provisions of this chapter, except upon permission of the director of public works. ARTICLE II. CONSTRUCTION, REPAIR OR ALTERATION Sec. 1. Standards, permit required. All work performed in public or private rights-of-way shall conform with the current Department of Public Works, Engineering Division's Enflineering Design Criteria Handbook and Construction Standards lffll'ldhook Manual. Except as provided herein, any person desiring to perform or have performed any of the acts covered by this chapter wherein a permit is required shall secure such a permit in accordance with the rules and regulations set forth herein. See. 2. ....,.pplieatioB required; eOBteBts. ,A,n application for the permit required by Section 7 hereunder shall file '.'lith the city engineer an application showing: A. Name and address of the o'.vner, or agent in charge, of the property abutting the proposed '.vork area; B. Name and address ofthe party doing the 'o'/ork; C. Location of the work area; D. }~ttached plans, or sketch, showing details oftne proposed work; E. Estimated cost of the '.vork; F. Such other information as the city engineer shall find reasonably necessary to determine if a permit should be issued hereunder. Sec. 2. Access to streets and allevs~ permit reQuired~ improvements. No person shall construct any access to private property across any improved or unimproved right-of-way within the city without first obtaining a permit to do so from the city engineer. This permit shall be issued if the following requirements are met: Page 7 of 16 CODING: Words in strike tm-ough type are deletions from existing law. Words in underscore type are additions. A. The access to the street will not create undue or unnecessary safety hazards: will not impede the safe and efficient flow of traffic, and will be constructed in compliance with applicable laws, ordinances and specifications of the city: B. If the street to which access is desired is not improved with asphalt pavement. storm sewers, and curb and gutters, it shall be improved in accordance with city specifications approved by the city engineer. 1. If the nearest paved portion of a street is improved with curbs and gutters, the owner of the property to be developed shall construct curbs and gutters along the side of any street to which access is sought for the length of the property. 2. Pavement shall be constructed in accordance with city standards, and shall consist of material similar or equivalent to the material used for the nearest paved portion of the street or streets as determined by the city engineer. The pavement shall be constructed along the side of the street or streets to which access is sought from the boundaries of the subject property to the nearest paved portion of the street or streets. 3. Storm drainage shall be constructed along the street or streets to which access is sought along the length of the property and connect to the nearest existing storm drainage in that street or streets. If the nearest paved portion of the street or streets is improved with storm sewers, then storm sewers shall be installed. 4. Traffic signals shall be installed along the street or streets to which access is desired if the property is used for other than single-family residential uses, and if the traffic volume generated from the development of the property meets the warrants established by the Florida Department of Transportation or Palm Beach County Traffic Engineering Division. C. No person shall construct any access to any alley within the city without first obtaining a permit to do so from the city engineer. This permit shall be issued subject to the following conditions: 1. Pavement shall be constructed in accordance with city standards and to the width of any existing improved alley, or if none of the alley is improved, to the limits of the alley right-of-way, along the alley to which access is sought. from the property boundaries to the nearest paved portion of the alley. 2. Adequate storm drainage shall be constructed so that storm water runoff from the property from which access to the alley is sought shall not cause damage to adjoining properties or erosion of the land. Such storm drainage shall be constructed in accordance with specifications as determined by the city engineer consistent with city standards as amended from time to time, which shall assure that upstream and downstream drainage problems shall not result. Page 8 of l6 CODING: Words in strike tm-augh type are deletions from existing law. Words in underscore type are additions. Sec. 3. Application. Permit fees. Application for a permit under this chapter shall be made on such forms as shall be provided by the city engineer. No work shall commence until the city engineer or his designee has authorized issuance of a permit therefore and such permit has been issued. For permits issued under another chapter or any other permit which affects trees or shrubs, or will have an affect on trees or shrubs, in rights-of-way or on city owned property, the forestry section of the Department of Public Works, Forestry and Grounds Division shall review and approve the permit before the permit is issued. An application for a permit shall be accompanied by five (5) copies of the plans and specifications showing the work to be done, the time required to complete such work and the estimated cost thereof. When the permit is issued, one (1) COPy of such plans and specifications shall be returned to the applicant and the others shall be distributed to applicable divisions of the city and one (1) shall be retained by the city engineer. An applicant for a permit shall agree to save the city, its officers, employees and agents harmless for any and all costs, damages, liabilities and attorney's fees, which may accrue or be claimed to accrue by reason of any work performed under such permit. The acceptance of any permit under this chapter shall constitute such an agreement by the applicant. Fees for work within rights-of-way shall be as established by the City Commission from time to time by resolution. A separate fee is payable for each curb, sidewalk, curb cut, drivo\';ay or streot to be altered. tyPe of work to be performed. Sec. 4. Permit issuance. The city engineer shall issue a permit hereunder when it is found: A. That the plans for the proposed operation have been approved by the City Commission or that they have been approved in accordance with Land Development Regulations. B. That the work will be done according to the standard specifications on the city for public work of like character. C. That the operation will not unreasonably interfere with the vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of egress to and from the property affected and adjacent properties. D. impaired. That the health, welfare and safety of the public will not be unreasonably E. Permits issued under authority of this chapter are nontransferable. Page 9 of 16 CODING: Words in strike tm-ol:1gh type are deletions from existing law. Words in underscore type are additions. F. A COPY of the permit issued under this chapter and a coPy of the approved plans and specifications shall be kept and displayed in a conspicuous location at all times while such work is in progress at the location of the work. Sec. 4.1. Insurance required for certain permits. Each applicant for a permit under Article I. Sections 5, 7 & 9, and Article II. Section 2 of this chapter shall furnish the city with a satisfactory certificate of insurance or a statement from the administrator of a self-insurance program showing the required coverages, and containing a limitation that the insurance coverages may not be revoked except after ten (10) days written notice delivered to the city. The applicant's insurance shall provide coverage against claims for personal injury as well as against claims for property damage which may arise from or out of the performance of the work, whether such performance be by himself, his subcontractor or anyone directly or indirectly employed by him. Such insurance shall cover, inter alia, collapse, explosive hazards and underground work by equipment on the street. and shall include liability arising from completed operations. The amount of the liability insurance for personal injur; shall be not less than five hundred thousand ($500,000.) dollars per person, five hundred thousand ($500,000.) dollars per incident. and one hundred thousand ($100,000.) dollars for property damage. Sec. 4.2. Cash bond required for certain permits. With each application for a permit under Article I. Sections 5, 7 & 9, and Article II, Section 2 of this chapter, an applicant shall furnish a surety to guarantee faithful performance of the work covered by the permit. The surety shall be in accordance with one of the approved forms in the Enflineering Desifm Manual. The amount of the cash bond shall be not less than that as established by the City Commission from time to time by resolution. In lieu of a separate cash bond for each permit, an applicant anticipating more than one (1) permit application may furnish one cash bond in the amount of five thousand ($5,000.00) dollars to cover all permits. The applicant shall denosit the cash bond with the city clerk. and such bond so de~osited shall he kept in a separate account and shall stand as security for the full and complete erformance by the applicant of the work covered by such permit, subject to the following provisions: A. If any direct cost to the city of any loss, damage, work, claim or liability arises out of the breach by the applicant, or any contractor or representative of the applicant. in the erformance of the a licant's obli ations in connection with the work covered b such ermit the applicant shall forfeit its bond. B. Upon certification by the city engineer of completion of the work covered bv such permit. the balance of such cash bond shall be refunded by the city clerk to the applicant upon request. Page 10 of 16 CODING: Words in strike tm-eagh type are deletions from existing law. Words in underscore type are additions. C. In the event that the city engineer shall determine that additional bond in excess of five thousand ($5,000.) dollars is required, the applicant shall furnish surety as noted in Section 6 below and prescribed in Chapter 7 of the Land Development Regulations in an amount equal to one hundred ten (110%) percent of the estimated value of the work. If a letter of credit is provided, it shall be dated on or before the date of the permit application and shall be for a term to expire one (1 ) year after receipt by the permittee of a certificate of final inspection. Sec. 4.3. Ril!hts of the city not affected bv I!rantinl! of permits. Every permit issued under this chapter shall be granted subject to the right of the city or of any other person entitled thereto to use the street for any purpose for which such street may lawfully be used, not inconsistent with the permit. Sec. 4.4. Work to be commenced within thirty days. Work for which a permit has been issued shall commence within thirty (30) days after the issuance of the permit therefore or within such extension of period of time as determined by the city engineer upon good cause shown. If the work is not timely commenced, the permit shall automatically be terminated and the fee forfeited. Permits thus terminated may be renewed upon payment of an additional fee in the amount of the original fee. Sec. 4.5. Performance of additional work. No permittee under this chapter shall perform work in an amount or quantity greater than that specified in the permit except upon approval by the city engineer. Upon such approval. additional work may be done under the provisions of the permit an amount not greater than ten (10) percent of the amount specified by the permit. Any fee or bond posted in connection with the original permit shall be deemed to and must cover any such additional work as may be approved by the city engineer. Sec. 4.6. Expiration~ extension of time. Permits issued in accordance with the provisions of this chapter shall expire at the end of the period of time, which shall be set in the application for the permit. If the permittee shall be unable to complete the work within the time period, he shall, prior to the expiration of the permit. present in writing to the city engineer a request for an extension of time, setting forth therein the reasons for the requested extension. If in the opinion of the city engineer such an extension is necessary and not contrary to the public interest, he may grant the permittee additional time for completion of the work. A. All extensions of permit time shall be calculated at twenty-five (25%) percent of the original total permit fee and shall extend the life of the permit for an additional six (6) month period. Page I 1 of 16 CODING: Words in strike throl:1gh type are deletions from existing law. Words in underscore type are additions. B. One hundred (100%) percent of a permit fee shall be added if work is started without a valid permit. C. No fees shall be refunded when a permit has lapsed after work is started. When a permit is revoked at the request of the permittee prior to lapsing due to time limits, and no work has been done, all but a basic fee of twenty-five ($25.) dollars to cover the cost incurred by the city engineer shall be refunded. Sec. 4.7. Default in performance. revocation. Whenever the city engineer shall find that a default has occurred in the performance of any term or condition of a permit. written notice thereof shall be given to the permittee and to the commercial bank issuing a letter of credit. if any. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the city engineer to be necessary for the completion of such work. After receipt of such notice, the permittee or the commercial bank shall within the time specified either cause the required work to be performed, or failing therein. If the required work is not performed within the specified time, the cash bond or letter of credit shall be utilized to reimburse the city for the cost of doing the work set forth in the notice. The city engineer may revoke any permit after prior written notice to the permittee for: A. Violation of any provision of this chapter. B. Violation of any other applicable provision of this Code or any other ordinance or law relating to the work. C. Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others. Written notice of any such violation shall be served upon the permittee or his agent engaged in the work. The notice shall contain a brief statement for the reason of the contemplated revocation of the permit. Notice shall be given either by personal delivery thereof to the person to be notified, by facsimile, or certified or registered United Stated mail addressed to the ;erson to be notified, or by telegram addressed to the person to be notified. Such notice shall state the eriod of time which the ermittee is bein anted to correct the violation and to roceed with diligent prosecution of the work, which time shall be no less than twenty-four (24) hours. Sec. 4.8. Restoration of street by city. When any permit has been revoked and the work authorized by the permit has not been com leted the cit ma do such work as is necess to restore the street or aIle , to a condition acceptable to the city. All expenses incurred by the city for such restoration shall be paid for by the permittee and may be removed from the cash bond or letter of credit that the permittee has filed with the city, and the bond or letter of credit shall so provide. Page 12 of 16 CODING: Words in strike tm-ough type are deletions from existing law. Words in underscore type are additions. Sec. 4.9. Abandoned facilities. Whenever any facilities existing in the streets or alleys of the city have been abandoned by the owners, the owner of such facilities shall be notified of the requirement to remove them, and if the owners shall fail to so remove them, the city may remove them and the owners shall reimburse the city for the cost thereof. Notice of the city's order to remove abandoned facilities may be given either by personal delivery thereof to the person to be notified, or by certified or registered United States mail addressed to the person to be notified. For purposes of this section, abandoned facilities shall be defined to be facilities, which have not been utilized by the owner or any other person for a period of at least six (6) months, or facilities, which are no longer necessary or useful because they have been replaced in some other location on the property. * * * Sec. 8. Temporary permit. The city engineer may grant a temporary verbal approval for a permit to any agent (who is not a regular employee) of the city including the Utilities Department. in any street. alley, roadway or public land when such excavation is necessitated by an emergency. Such temporary approval shall be followed within forty-eight (48) hours by a formal application for a permit as regularly required under the terms of this chapter. ARTICLE m. IV. STREET AND EASEMENT ABANDONMENT * * * ARTICLE III. STREET OPENINGS Sec. 1. Permit reQuired~ compliance with chapter. Any person desiring to plow, dig, scrape or in any way make or have made any hole, pit. ditch or excavation in or upon any street. alley, roadway or public land shall proceed with such work only after obtaining a permit therefore and in compliance with all regulations contained in or promulgated under this chapter including the city's Department of Public Works, Engineering Division's Desifln Criteria and Standards Handbook. Sec. 2. Notice to adioininl! property owners of proposed work. If the work to be undertaken by a permittee under this article is such that it will affect the use of properties abutting or adjoining the place where the work covered by the permit is to be done, the city engineer shall require the permittee to submit a list of the names and addresses of the affected property owners and tenants, and the permittee shall notify the affected property owners and tenants of the proposed work. If the work to be undertaken by the permittee will Page I3 of 16 CODING: Words in strike tm-ough type are deletions from existing law. Words in underscore type are additions. affect other subsurface installations in the vicinity of the proposed opening, the permittee shall also notify the owners of such facilities of the proposed work. Sec. 3. Removal of debris. rubbish. etc.. from work area~ protection of persons and property. It shall be the duty of every person making any improvement in or upon any street. alley, roadway or public land to promptly remove therefrom all rubbish, debris or material not immediately required for such improvement. In addition thereto, such person shall protect the place so improved or being improved, together with all material. articles or property used in connection therewith or taken therefrom, in a manner which the city shall direct and in such a way as to prevent injury or damage to persons or property. Every such person making any such improvements or part thereof shall be liable for all damages or injuries sustained on public property. Sec. 4. Requirements for work in streets. etc. All work in streets, alleys, roadways and public lands shall be subiect to the following restrictions: A. No opening or excavation in any street shall extend beyond the centerline of the street before being backfilled and the surface of the street temporarily restored. B. No more than two hundred fifty (250) feet measured longitudinally shall be opened in any street at anyone time. C. All underground pipes, tiles, cables, etc., shall be located sufficiently ahead of trench excavation work to avoid damage to those facilities and to permit relocation if necessary. D. Pipes, drains, tiles, culverts or other underground facilities encountered shall be protected as directed by the city engineer. E. Monuments, benchmarks, or datum points of concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision, or precise survey reference point within the city, shall not be removed or disturbed unless permission so to do is first obtained in writing from the proper government authority. Permission may be granted only upon conditions that the permittee shall pay all expenses incident to the proper replacement thereof, including the cost of a survey. F. When work performed by the permittee interferes with the established drainage system of any street or natural water way, provision shall be made by the permittee for adequate temporary drainage to the satisfaction of the city engineer and consistent with the provisions of this Code. Page 14 ofl6 CODING: Words in strike tflr01-lgh type are deletions from existing law. Words in underscore type are additions. G. When any earth, gravel or other excavated material is caused to roll or flow or is washed or otherwise deposited on any step and/or sidewalk, the permittee shall cause the same to be removed from the street or sidewalk before the end of the working day. In the event the earth, gravel or other excavated material so deposited is not so removed, the city engineer shall cause such removal and the cost incurred thereby shall be paid by the permittee. Failure on the part of the permittee to make immediate payment of such cost upon demand shall be cause for revoking such permit. H. Every permittee shall place around the excavation or project such barriers, barricades, lights, warning flags and danger signs as shall be determined by the city engineer to be necessary for the protection of the public. Additional safety requirements may be prescribed by the city engineer where deemed necessary by him to protect adjacent private or public property. Whenever any person fails to provide or maintain the safety devices required by the city engineer, such devices might be installed and maintained by the city. The amount of the cost thus incurred shall be paid by the permittee. 1. When any work is performed on city streets, the permittee must comply with the traffic control procedures established by the Department of Public Works and the Manual on Uniform Traffic Control Devices. In the event proper traffic control is lacking or deficient. and is not corrected within one (1) hour upon notice, the city engineer may stop work and revoke the permit. J. Access to private driveways and alley shall be provided except during working hours when construction operations prohibit such access. Free access shall be provided at all time to fire hydrants. K. Excavated materials shall be laid compactly along the side of the trench or removed immediately from the site at the discretion of the city engineer. Excavated material when piled alongside the excavation shall be kept trimmed so as to cause a minimum inconvenience to public travel. In order to expedite the flow of traffic or to abate a dirt or dust nuisance, the city engineer may require the permittee to provide and use toe boards or bins. If the excavated area or storage area is muddy or causes inconvenience to pedestrians, temporary wooden plank walks shall be installed by the permittee as directed by the city engineer. If the street is not wide enough to hold the excavated material without using part of the adiacent sidewalk, the permittee shall keep open a passageway at least one-half (12) of the sidewalk width along such sidewalk. L. Work authorized by a permit shall be performed between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless the permittee obtains written consent from the inspection officer to do the work at other times. Such permission shall be granted only: 1) in case of emergency as determined by the city engineer: 2) where safety and traffic control measures in accordance with city and FDOT standards are not feasible during these hours as determined by the city engineer: 3) if the construction area is not within five hundred (500) feet of any single or multi-family dwelling as determined by the city engineer: 4) or for city work or activities where the City Manager determines that extended hours of work are necessary to Page 15 of 16 CODING: Words in strike tm-eagh type are deletions from existing law. Words in underscore type are additions. complete the work in a timely fashion and to protect the public health, welfare and said feasibility of safety or traffic control measures. Any permit granted under this section may include other conditions on the permittee's ability to work after 7:00 p.m. No such work will be permitted on Sunday unless authorized by the City Manager as necessary and convenient for the public health, welfare and safety. Sec. 5. Backfillinl! and restorinl! of openinl!s. All backfilling and restoring of openings made in any street. alley, roadway or public lands shall be performed in accordance with the latest city standards and specifications. \VGCDE_FS\LIBRARY\1990\900182.BB\ORD\Streets Sdwk Ord Chgs (4-16-04).doc Page 16 of 16 CODING: Words in strike thrOl:lgh type are deletions from existing law. Words in underscore type are additions. '1 "- 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 'YJ 23 24 25 ~< 26 27 28 29 30 31 32 33 34 35 36 37 38 ORDINANCE NO. 04~ OS'1 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER, 22 "STREETS A lVT- SIDEW ALKS", PROVIDINGI FOR NEW pr~ .J.-_ REQUIREMENTS FOR S~EW AT v 0 ~ - LV CONNECTIONS WITHL~; 0 _ J\(\~ )? (~' PROVIDING FOR ill 1\..9.1'" 5(lg l) . -) '. ELIMINATE CONFUSIO~ 'B ~ ...~.. \ PROVIDING FOR / CC -:PV \, CODIFICA nON ANI) AN El ' . ...".L, crt-- ,/ \// ~ ~- JV W$REAS, the City COIpmission he. ' ~ fI 9J \,' r p ~ No. 095-02 arl'4\revised numerof requirement .~\ .;'11 technical Changes'zing via Or.dranCe No. 02-03~ ~.. ,fY . ~r -rY WHEREAS,~~er fu~Her study of the LD. IV" - \y/ 0 has recommended incofRoratlon of new permitting (>X - un veway connections within PUbliC"~ht-of-WayS; \ NOW THEREF<lRi~\!lE IT ORDAINED BY THE CITY COMMISSION OF ,; \ THE CITY OF BOYNtON BEA~H, FLORIDA, THAT: i " Section 1. The foregoing 'whereas clause is true and correct and is now ratified and j '~ confirmed by the City/Commission. . t ' , , Section 2. I Chapter 22. "Streets'\and Sidewalks. of the Land Development ; '. Regulations of thl City of Boynton Beach Cod~Qf Ordinances is hereby amended by adding ~ \ the words' ,and fgures in underlined type, and by\~leting the words and figures in struck- f , through type'f the attached Exhibit "A". \,,\, Secti n 3. Each and every other provision of tfi\~and Development Regulations not herein. ecificaUy amended, shall remain in full force and''effect as originally adopted. Settion 4. AU laws and ordinances applying to the\City of Boynton Beach in conflictfith any provisions of this ordinance are hereby repealed. \\... l "\ ection 5. Should any section or proVIsIon of this Ordinance or any portion " thereo be declared by a court of competent jurisdiction to be invalid, sucftdecision shall not \. the remainder of this Ordinance. \ '\ "- " \\ Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this 18 day of May, 2004. SECOND, FL~AL READING AND PASSAGE this _ day of / S.\CA\Ordinances\LDR Changes\Amdending LOR - Chapter 22 - Streets and Sidewalks.doe II May, 2004. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 CITY OF BOYNTON BEACH, FLORIDA / Mayor Vice Mayor Commissioner ATTEST: City Clerk \ \ S:\CA\Ordinanees\LDR Changes\Amdending LOR - Chapter 22 - Streets and Sidewalks.doe Sec. 1. Street designation system. *** EXHIBIT "A" LAND DEVELOPMENT REGULATIONS CODE OF ORDINANCES, PART III CHAPTER 22 TREETS AND SIDEWALKS ARTICLE I. IN GENERAL All streets, avenues or other thorou fares for ve lcular traffic shall be designated in accordance with city standards. Such designat n shall b vested in the director of development public works who shall also maintain the city's aster roadway file and allocate secondary street designations at his or her discretion. Sec. 1.1 Street namin2 system. carr B. accordingly. c. fixes shall be limited in use as follows: North-South Direction East - West Direction Court Drive Lane Avenue Boulevard Place Page 1 of 16 CODING: Words in strike through type are deletions from existing law. Words in underscore type are additions. Parkway Street Road Way The suffixes 'Boulevard' and 'Parkway' shall be reserved for arterials and collectors. The suffix 'Circle' is an option for either direction, however, it should be used as the name implies, i.e., a curvilinear roadway. The use of 'Terrace' and 'Trace' shall be reserved for minor streets, cul-de-sacs, etc. Any other requested suffix shall be approved by the director of public works prior to its inclusion into any development. Sec. 1.2 Vanitv street name chane:es. A. Standard street name changes shall conform to the standards and requirements for naming streets as set forth in the preceding section, and shall be permitted only under the following circumstances: 1. In response to a City Commission directive, or 2. To eliminate duplication or confusion in street names, or 3. To reduce confusion in addressing. B. Name changes which do not meet the criteria above are considered "vanity street names" for the purposes herein and are permitted only under the following limited circumstances: 1. The desired name will not create confusion~ and 2. The desired name does not duplicate in whole or in substantial portion, the name of any existing street: and 3. All property owners abutting the road have signed a petition requesting the change and a completed application has been submitted to the Department of Public Works/Engineering Division: and 4. The established fee of $1 ,400.00 has been paid: and 5. The entire length of the street must be renamed: and 6. The City Commissioners have approved the request. Sec. 1.3 Street numberine:/addressine:. Lot or parcel addressing for individual tracts of land shall be designated in accordance with the city's Uniform Addressing Procedure policy. Such designation shall be vested in the director of public works or his designee, who shall also maintain the city's master roadway file. Page 2 of 16 CODING: Words in strike through type are deletions from existing law. Words in underscore type are additions. The addressing number system currently in use within the corporate limits of the city shall be maintained. For those lots or parcels located in the neighboring local government (Palm Beach County) that are or will be annexed into the city will, if possible. be assigned in a manner that maintains: 1. A logical sequence of numbers along the street or roadway on which the property is located. and as established in that neighboring government, and 2. A consistent pattern of separation of even and odd numbers. The establishing of the exact number of a r>articular lot or parcel entails the dimensions of the lot in question. and its distance from the nearest land line or street as given in the legal description. If the lot is on an East-West (E-W) street, it will receive an E-W number (even numbers on the south side of the street and odd numbers on the north side). If the lot is one on a North-South (N-S) street, it will received a N-S number (even numbers on the east side of the street and odd numbers on the west side). Sec. 1.4 Vanity Street numberin2./addressin2.. A. Street numbering and addressing for commercial and residential property, shall be based on the City's grid system as described. B. Requested addresses which do not adhere to the City's grid system are considered "vanity addresses" for the purposes herein, are r>rohibited for residential uses and shall not be permitted for non-residential uses except under the following circumstances: 1. The entity requesting the "vanity address" is a prominent commercial entity and has a location which is widely recognized in the community; and 2. The requested number is not out of sequence with any existing numbers on the same street. (For example. the number 100 would not be permitted on a lot which is located between two existing lots with the addresses #500 and #550); and 3. the property; and Emergency Medical Services and the Post Office would be able to locate 4. An individual with the assistance of a generally distributed local street map would be able to locate the property without undue difficulty; and 5. The requested address does not duplicate an existing address on the same street; and 6. The requested address would. in no way. be inlurious to or infringe upon the existing rights of any other commercial entity in the County; and Page 3 of 16 CODING: Words in strike through type are deletions from existing law. Words in underscore type are additions. 7. The requestor has submitted an affidavit which acknowledges that the requested address may result in delays in mail delivery and service provisions: and 8. The established fee has been paid and the requestor has submitted a complete application to the Department of Public Works/Engineering Division: and 9. The City Commissioners have approved the request and have made a finding that the address request is related to a City goal, such as economic development, which takes precedence over the goal of maintaining the city's grid system. * * * Sec. 3. Minimum width of new or rebuilt streets. The minimum width of paving of all new or rebuilt streets shall be in accordance with Land Development Regulations current city standards. * * * Sec. 5. Certain construction activities~ Sidewalks, when required. Prior to the issuance of any certificate of occupancy/completion for any improvement exceeding +0%-50% of its current assessed property valuation, the owners of all undeveloped lots, platted or unplatted, and the owners of all plots not subject to platting, shall construct a sidewalk thoreon within the right-of-way in conformance with Chapter 6, Article IV, Section 10.T of the Land Development Regulations. This requirement shall also apply when a change in occupancy as defined in the Standard Florida Building Code occurs and/or when any building is reconstructed in an amount, which exceeds seventy (70) fifty (50%) percent of its current assessed valuation. A. No person shall improve any parcel within the city, except for accessory buildings and reconstruction or remodeling of existing buildings in any single-family or two-family zoning district, without first obtaining a sidewalk permit from the city engineer. B. No person shall construct any building, except for accessory buildings and reconstruction or remodeling of existing buildings or additions to existing buildings which amount to less than twenty-five (25) percent of the gross floor area of such building, in any zoning district in the city other than single-family or two-family districts, without first obtaining a sidewalk permit from the city engineer. C. The permits required by paragraphs A & B above shall be issued if one of the following requirements are met: Page 4 of 16 CODING: Words in strike tm-ough type are deletions from existing law. Words in underscore type are additions. 1. If any street abutting the property on which such construction is to occur is depicted on the map or schedule on file in the Public Works Department of the city as a street on which sidewalk construction is to be required. sidewalks shall be constructed along the entire street frontage of such parcel; in the case of a comer lot, the sidewalk shall be constructed also along the access side. 2. If any street abutting the property on which such construction is to occur is not depicted on the map or schedule on file in the Public Works Department ofthe city as a street on which sidewalk construction is required. the property owner shall pay a fee equal to the cost to the city per square foot of construction of the sidewalk abutting the property. as such fee is determined annually by the director of public works. Such fees shall be utilized by the city for construction of sidewalks as provided in paragraph D hereof. D. The city shall establish four (4) accounts for sidewalk construction to be utilized only for construction of new sidewalks in the city. One (1) account shall be for construction of new sidewalks in the northwest quadrant (Commission District # 4) of the city; one (1) account shall be for construction of new sidewalks in the northeast quadrant (Commission District # 2) of the city; one (1) account shall be for construction of new sidewalks in the southeast quadrant (Commission District # 3) of the city; and one (1) account shall be for construction of new sidewalks in the southwest quadrant (Commission District # 1 ). E. The director of public works shall prepare and update annually a map or schedule of streets or portions of streets of which construction of sidewalks is to be required. In addition, the director of public works shall administer the requirements of this ordinance and determine the streets or portions thereof on which sidewalk construction is to be required, pursuant to the City Commission policy with respect thereto. Such policy shall be on file in the office of the city clerk and. together with the annually revised map or schedule, shall also be on file for public inspection in the Public Works Department of the city. F. Any person aggrieved by any decision of the director of public works regarding construction of sidewalks abutting such person's property may appeal the decision within thirty (30) days of the date thereof to the Planning and Development Board (PDB), which shall hear and decide such appeal. Applications for such appeal shall be in writing, accompanied by a one- hundred ($100.00) dollar application fee. The PDB may either affirm the decision of the director of public works, or may reverse such decision. The procedure set forth in this paragraph shall constitute the only available remedy for any person aggrieved by any decision of the director of public works with respect to sidewalk construction. The determination of the PDB is final unless appealed to the City Commission, and shall be the final administrative decision of the city. from which any further appeals shall be to a court of competent iurisdiction. For those areas in the Community Redevelopment Agency (CRA) district, the appeal procedure shall follow the same format, substituting the CRA for the PDB where applicable in the previous paragraphs. Page 5 of 16 CODING: Words in strike tlHough type are deletions from existing law. Words in underscore type are additions. Pc G. Waiver. Upon the recommendation of the city engineer, sidewalk requirements may be waived for an individual lot when adequate pedestrian circulation is provided by existing bicycle or pedestrian paths, or where sidewalk requirement would not be compatible or in harmony with adjacent/nearby properties previously developed without sidewalks. An application fee adopted by resolution of the City Commission shall accompany applications for waiver of this section. Sec. 6. Permits required for work affectine trees and shrubs. No person may plant, remove, destroy, prune, set out, break. cut. deface or in any way injure or interfere with any tree. shrub, or similar plant within the public right-of-way on any street or alley. or upon property owned or maintained by the city, without first obtaining a public right-of-way permit pursuant to this chapter. For certain tyPes of protected trees or shrubs. refer to Chapter 7.5. Article 1. Tree Preservation for the proper procedure in addressing such tree or shrub. Sec. 7 . Vehicles crossine curbs and parkways. It shall be unlawful for any person to push. pull, drive or cause to be pushed. pulled or driven any wheeled or track-laying type vehicle, conveyance. machine. apparatus or equipment on. over or across. in whole or in part, any curb or pavement laving in or on any public street, except as provided in this section: A. Vehicles, as described herein. may be driven over pavement at driveways; and B. Vehicles, as described herein, may be driven over curbs and over pavement at other than driveways, provided that such curbs and pavement shall be adequately bridged and shored with suitable wooden or steel structures to protect such curbs and parkways. Sec. 8. Mailboxes on public riehts-of-wav. All mailboxes placed in city right-of-ways shall be in compliance with all federal guidelines. The city shall not be responsible for damage caused during street maintenance to mailboxes not in compliance with federal guidelines. Sec. 9. Depositine. storin2:. processin2: material in streets and roadways. It shall be unlawful for any person to deposit, process or produce any material. including but not limited to any recreational item in or on any street or roadway or to store the same. either temporarily or permanently thereon; except, that building materials can be temporarily stored, processed or produced on streets or roadways if a permit has been obtained as provided in this chapter. and except that temporary storage of construction debris may be temporarily stored on streets or roadways in a container provided by a trash hauler for removal by such trash hauler, if a permit therefore has been obtained as provided in this chapter. Page 6 of16 CODING: Words in strike through type are deletions from existing law. Words in underscore type are additions. Sec. 10. Removal ofwarnin2s >>rohibited. It shall be unlawful for any person to move, remove, damage, destroy or extinguish any barrier, warning light, sign or notice erected, placed or posted in accordance with the provisions of this chapter, except upon permission of the director ofoublic works. ARTICLE II. CONSTRUCTION, REPAIR OR ALTERATION Sec. 1. Standards, >>ermit required. All work performed in public or private rights-of-way shall conform with the current Department of Public Works, Engineering Division's Engineering Design Criteria Handbook and Construction Standards Handbook Manual. Except as provided herein, any person desiring to perform or have performed any of the acts covered by this chapter wherein a permit is required shall secure such a permit in accordance with the rules and regulations set forth herein. See. 2. "AApplieation required; contents. All application for the permit roquired by Section 7 hereunder shall file with the city engineer an application shO\ving: A. Name and address of the owner, or agent in charge, of the property abutting the proposed work area; B. Name and address of the party doing the work; C. Location of the work area; D. Attached plans, or sketch, sho\ving details of the proposed work; E. Estimated cost of the work; F. Such other information as the city engineer shall find reasonably necessary to determine if a permit should be issued hereunder. Sec. 2. Access to streets and alleys~ >>ermit required~ im>>rovements. No person shall construct any access to private property across any improved or unimproved right-of-way within the city without first obtaining a permit to do so from the city engineer. This permit shall be issued if the following requirements are met: Page 7 of 16 CODING: Words in strike th10ugh type are deletions from existing law. Words in underscore type are additions. A. The access to the street will not create undue or unnecessary safety hazards; will not impede the safe and efficient flow of traffic. and will be constructed in compliance with applicable laws. ordinances and specifications of the city; B. If the street to which access is desired is not improved with asphalt pavement, storm sewers. and curb and gutters. it shall be improved in accordance with city specifications approved by the city engineer. 1. If the nearest paved portion of a street is improved with curbs and gutters. the owner of the property to be developed shall construct curbs and gutters along the side of any street to which access is sought for the length of the property. 2. Pavement shall be constructed in accordance with city standards. and shall consist of material similar or equivalent to the material used for the nearest paved portion of the street or streets as determined by the city engineer. The pavement shall be constructed along the side of the street or streets to which access is sought from the boundaries of the subi ect property to the nearest paved portion of the street or streets. 3. Storm drainage shall be constructed along the street or streets to which access is sought along the length of the property and connect to the nearest existing storm drainage in that street or streets. If the nearest paved portion of the street or streets is improved with storm sewers. then storm sewers shall be installed. 4. Traffic signals shall be installed along the street or streets to which access is desired if the property is used for other than single-family residential uses. and if the traffic volume generated from the development of the property meets the warrants established by the Florida Department of Transportation or Palm Beach County Traffic Engineering Division. C. No person shall construct any access to any alley within the city without first obtaining a permit to do so from the city engineer. This permit shall be issued subiect to the following conditions: 1. Pavement shall be constructed in accordance with city standards and to the width of any existing improved alley. or if none of the alley is improved. to the limits of the alley right-of-way. along the alley to which access is sought. from the property boundaries to the nearest paved portion of the alley. 2. Adequate storm drainage shall be constructed so that storm water runoff from the property from which access to the alley is sought shall not cause damage to adioining properties or erosion of the land. Such storm drainage shall be constructed in accordance with specifications as determined by the city engineer consistent with city standards as amended from time to time, which shall assure that upstream and downstream drainage problems shall not result. Page 8 of 16 CODING: Words in strike through type are deletions from existing law. Words in underscore type are additions. Sec. 3. Application. Permit fees. Application for a permit under this chapter shall be made on such forms as shall be provided by the city engineer. No work shall commence until the city engineer or his designee has authorized issuance of a permit therefore and such permit has been issued. For permits issued under another chapter or any other permit which affects trees or shrubs, or will have an affect on trees or shrubs, in rights-of-way or on city owned property, the forestry section of the Department of Public Works, Forestry and Grounds Division shall review and approve the permit before the permit is issued. An application for a permit shall be accompanied by five (5) copies of the plans and specifications showing the work to be done, the time required to complete such work and the estimated cost thereof. When the permit is issued, one (1) copy of such plans and specifications shall be returned to the applicant and the others shall be distributed to applicable divisions of the city and one (1 ) shall be retained by the city engineer. An applicant for a permit shall agree to save the city, its officers, employees and agents harmless for any and all costs, damages, liabilities and attorney's fees, which may accrue or be claimed to accrue by reason of any work performed under such permit. The acceptance of any permit under this chapter shall constitute such an agreement by the applicant. Fees for work within rights-of-way shall be as established by the City Commission from time to time by resolution. A separate fee is payable for each curb, sidewalk, curb cut, driveway or street to be altered. type of work to be performed. Sec. 4. Permit issuance. The city engineer shall issue a permit hereunder when it is found: A. That the plans for the proposed operation have been approved by the City Commission or that they have been approved in accordance with Land Development Regulations. B. That the work will be done according to the standard specifications on the city for public work of like character. C. That the operation will not unreasonably interfere with the vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of egress to and from the property affected and adjacent properties. D. impaired. That the health, welfare and safety of the public will not be unreasonably E. Permits issued under authority of this chapter are nontransferable. Page 9 of 16 CODING: Words in strike through type are deletions from existing law. Words in underscore type are additions. F. A coPy of the permit issued under this chapter and a copy of the approved plans and specifications shall be kept and displayed in a conspicuous location at all times while such work is in progress at the location of the work. Sec. 4.1. Insurance required for certain permits. Each applicant for a permit under Article L Sections 5, 7 & 9, and Article II, Section 2 of this chapter shall furnish the city with a satisfactory certificate of insurance or a statement from the administrator of a self-insurance program showing the required coverages, and containing a limitation that the insurance coverages may not be revoked except after ten (10) days written notice delivered to the city. The applicant's insurance shall provide coverage against claims for personal inlury as well as against claims for property damage which may arise from or out of the performance of the work, whether such performance be by himself, his subcontractor or anyone directly or indirectly employed by him. Such insurance shall cover, inter alia, collapse, explosive hazards and underground work by equipment on the street, and shall include liability arising from completed operations. The amount of the liability insurance for personal inlury shall be not less than five hundred thousand ($500,000.) dollars per person, five hundred thousand ($500,000.) dollars per incident, and one hundred thousand ($100,000.) dollars for property damage. Sec. 4.2. Cash bond required for certain permits. With each application for a permit under Article L Sections 5, 7 & 9, and Article II, Section 2 of this chapter, an applicant shall furnish a surety to guarantee faithful performance of the work covered by the permit. The surety shall be in accordance with one of the approved forms in the Engineerinf! Design Manual. The amount of the cash bond shall be not less than that as established by the City Commission from time to time by resolution. In lieu of a separate cash bond for each permit, an applicant anticipating more than one (1) permit application may furnish one cash bond in the amount of five thousand ($5,000.00) dollars to cover all permits. The applicant shall deposit the cash bond with the city clerk, and such bond so deposited shall be kept in a separate account and shall stand as security for the full and complete performance by the applicant ofthe work covered by such permit, subiect to the following provisions: A. If any direct cost to the city of any loss, damage, work, claim or liability arises out of the breach by the applicant, or any contractor or representative of the applicant, in the performance of the applicant's obligations in connection with the work covered by such permit the applicant shall forfeit its bond. B. Upon certification by the city engineer of completion of the work covered by such permit, the balance of such cash bond shall be refunded by the city clerk to the applicant upon request. Page 10 of 16 CODING: Words in strike through type are deletions from existing law. Words in underscore type are additions. C. In the event that the city engineer shall determine that additional bond in excess of five thousand ($5,000.) dollars is required, the applicant shall furnish surety as noted in Section 6 below and prescribed in Chapter 7 of the Land Development Regulations in an amount equal to one hundred ten (110%) percent of the estimated value of the work. If a letter of credit is provided, it shall be dated on or before the date of the permit application and shall be for a term to expire one (1) year after receipt by the permittee of a certificate of final inspection. Sec. 4.3. Ri!!hts of the city not affected by !!rantine of permits. Every permit issued under this chapter shall be granted subject to the right of the city or of any other person entitled thereto to use the street for any purpose for which such street may lawfully be used, not inconsistent with the permit. Sec. 4.4. Work to be commenced within thirty days. Work for which a permit has been issued shall commence within thirty (30) days after the issuance of the permit therefore or within such extension of period of time as determined by the city engineer upon good cause shown. If the work is not timely commenced, the permit shall automatically be terminated and the fee forfeited. Permits thus terminated may be renewed upon payment of an additional fee in the amount of the original fee. Sec. 4.5. Performance of additional work. No permittee under this chapter shall perform work in an amount or Quantity greater than that specified in the permit except upon approval by the city engineer. Upon such approvaL additional work may be done under the provisions of the permit an amount not greater than ten (10) percent of the amount specified by the permit. Any fee or bond posted in connection with the original permit shall be deemed to and must cover any such additional work as may be approved by the city engineer. Sec. 4.6. Expiration: extension of time. Permits issued in accordance with the provisions of this chapter shall expire at the end of the period of time, which shall be set in the application for the permit. If the permittee shall be unable to complete the work within the time period, he shall, prior to the expiration of the permit, present in writing to the city engineer a request for an extension of time, setting forth therein the reasons for the requested extension. If in the opinion of the city engineer such an extension is necessary and not contrary to the public interest, he may grant the permittee additional time for completion of the work. A. All extensions of permit time shall be calculated at twenty-five (25%) percent of the original total permit fee and shall extend the life of the permit for an additional six (6) month period. Page 11 of 16 CODING: Words in strike tll10ugh type are deletions from existing law. Words in underscore type are additions. B. One hundred (100%) percent of a permit fee shall be added if work is started without a valid permit. C. No fees shall be refunded when a permit has lapsed after work is started. When a permit is revoked at the request of the permittee prior to lapsing due to time limits, and no work has been done, all but a basic fee of twenty-five ($25.) dollars to cover the cost incurred by the city engineer shall be refunded. Sec. 4.7. Default in performance, revocation. Whenever the city engineer shall find that a default has occurred in the performance of any term or condition of a permit, written notice thereof shall be given to the permittee and to the commercial bank issuing a letter of credit, if any. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the city engineer to be necessary for the completion of such work. After receipt of such notice, the permittee or the commercial bank: shall within the time specified either cause the required work to be performed, or failing therein. If the required work is not performed within the specified time, the cash bond or letter of credit shall be utilized to reimburse the city for the cost of doing the work set forth in the notice. The city engineer may revoke any permit after prior written notice to the permittee for: A. Violation of any provision of this chapter. B. Violation of any other applicable provision of this Code or any other ordinance or law relating to the work. C. Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others. Written notice of any such violation shall be served upon the permittee or his agent engaged in the work. The notice shall contain a brief statement for the reason of the contemplated revocation of the permit. Notice shall be given either by personal delivery thereof to the person to be notified, by facsimile, or certified or registered United Stated mail addressed to the person to be notified, or by telegram addressed to the person to be notified. Such notice shall state the period of time which the permittee is being granted to correct the violation and to proceed with diligent prosecution ofthe work, which time shall be no less than twenty-four (24) hours. Sec. 4.8. Restoration of street bv city. When any permit has been revoked and the work authorized by the permit has not been completed, the city may do such work as is necessary to restore the street or alley to a condition acceptable to the city. All expenses incurred by the city for such restoration shall be paid for by the permittee and may be removed from the cash bond or letter of credit that the permittee has filed with the city, and the bond or letter of credit shall so provide. Page 12 of 16 CODING: Words in strike tlHOligh type are deletions from existing law. Words in underscore type are additions. Sec. 4.9. Abandoned facilities. Whenever any facilities existing in the streets or alleys of the city have been abandoned by the owners, the owner of such facilities shall be notified of the requirement to remove them, and if the owners shall fail to so remove them, the city may remove them and the owners shall reimburse the city for the cost thereof. Notice of the city's order to remove abandoned facilities may be given either by personal delivery thereof to the person to be notified, or by certified or registered United States mail addressed to the person to be notified. For purposes of this section, abandoned facilities shall be defined to be facilities, which have not been utilized by the owner or any other person for a period of at least six (6) months, or facilities, which are no longer necessary or useful because they have been replaced in some other location on the property. * * * Sec. 8. Temporarv permit. The city engineer may grant a temporary verbal approval for a permit to any agent (who is not a regular employee) of the city including the Utilities Department, in any street, alley, roadway or public land when such excavation is necessitated by an emergency. Such temporary approval shall be followed within forty-eight (48) hours by a formal application for a permit as regularly required under the terms of this chapter. ARTICLE III. IV. STREET AND EASEMENT ABANDONMENT * * * ARTICLE III. STREET OPENINGS Sec. 1. Permit reQuired~ compliance with chapter. Any person desiring to plow, dig, scrape or in any way make or have made any hole, pit, ditch or excavation in or upon any street, alley, roadway or public land shall proceed with such work only after obtaining a permit therefore and in compliance with all regulations contained in or promulgated under this chapter including the city's Department of Public Works, Engineering Division's Design Criteria and Standards Handbook. Sec. 2. Notice to adioinine: property owners of proposed work. If the work to be undertaken by a permittee under this article is such that it will affect the use of properties abutting or adjoining the place where the work covered by the permit is to be done, the city engineer shall require the permittee to submit a list of the names and addresses of the affected property owners and tenants, and the permittee shall notify the affected property owners and tenants of the proposed work. If the work to be undertaken by the permittee will Page 13 of 16 conING: Words in strike through type are deletions from existing law. Words in underscore type are additions. affect other subsurface installations in the vicinity of the proposed opening, the permittee shall also notify the owners of such facilities of the proposed work. Sec. 3. Removal of debris. rubbish. etc.. from work area: protection of persons and property. It shall be the duty of every person making any improvement in or upon any street, alley, roadway or public land to promptly remove therefrom all rubbish, debris or material not immediately required for such improvement. In addition thereto, such person shall protect the place so improved or being improved, together with all material, articles or property used in connection therewith or taken therefrom, in a manner which the city shall direct and in such a way as to prevent iniury or damage to persons or property. Every such person making any such improvements or part thereof shall be liable for all damages or iniuries sustained on public property. Sec. 4. Requirements for work in streets. etc. All work in streets, alleys, roadways and public lands shall be subiect to the following restrictions: A. No opening or excavation in any street shall extend beyond the centerline of the street before being backfilled and the surface of the street temporarily restored. B. No more than two hundred fifty (250) feet measured longitudinally shall be opened in any street at anyone time. C. All underground pipes, tiles, cables, etc., shall be located sufficiently ahead of trench excavation work to avoid damage to those facilities and to permit relocation if necessary. D. Pipes, drains, tiles, culverts or other underground facilities encountered shall be protected as directed by the city engineer. E. Monuments. benchmarks, or datum points of concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision, or precise survey reference point within the city, shall not be removed or disturbed unless permission so to do is first obtained in writing from the proper government authority. Permission may be granted only upon conditions that the permittee shall pay all expenses incident to the proper replacement thereof, including the cost of a survey. F. When work performed by the permittee interferes with the established drainage system of any street or natural water way, provision shall be made by the permittee for adequate temporary drainage to the satisfaction of the city engineer and consistent with the provisions of this Code. Page 14 of 16 CODING: Words in strike through type are deletions from existing law. Words in underscore type are additions. G. When any earth. gravel or other excavated material is caused to roll or flow or is washed or otherwise deposited on any step and/or sidewalk. the permittee shall cause the same to be removed from the street or sidewalk before the end of the working day. In the event the earth. gravel or other excavated material so deposited is not so removed. the city engineer shall cause such removal and the cost incurred thereby shall be paid by the permittee. Failure on the part of the permittee to make immediate payment of such cost upon demand shall be cause for revoking such permit. H. Every permittee shall place around the excavation or project such barriers. barricades. lights. warning flags and danger signs as shall be determined by the city engineer to be necessary for the protection of the public. Additional safety requirements may be prescribed by the city engineer where deemed necessary by him to protect adjacent private or public property. Whenever any person fails to provide or maintain the safety devices required by the city engineer. such devices might be installed and maintained by the city. The amount of the cost thus incurred shall be paid by the permittee. I. When any work is performed on city streets, the permittee must comply with the traffic control procedures established by the Department of Public Warks and the Manual on Uniform Traffic Control Devices. In the event proper traffic control is lacking or deficient, and is not corrected within one (1) hour upon notice, the city engineer may stop work and revoke the permit. J. Access to private driveways and alley shall be provided except during working hours when construction operations prohibit such access. Free access shall be provided at all time to fire hydrants. K. Excavated materials shall be laid compactly along the side of the trench or removed immediately from the site at the discretion of the city engineer. Excavated material when piled alongside the excavation shall be kept trimmed so as to cause a minimum inconvenience to public travel. In order to expedite the flow of traffic or to abate a dirt or dust nuisance. the city engineer may require the permittee to provide and use toe boards or bins. If the excavated area or storage area is muddy or causes inconvenience to pedestrians. temporary wooden plank walks shall be installed by the permittee as directed by the city engineer. If the street is not wide enough to hold the excavated material without using part of the adlacent sidewalk. the permittee shall keep open a passageway at least one-half (Y2) of the sidewalk width along such sidewalk. L. Work authorized by a permit shall be performed between the hours of 7:00 a.m. and 7:00 p.m.. Monday through Saturday. unless the permittee obtains written consent from the inspection officer to do the work at other times. Such permission shall be granted only: 1) in case of emergency as determined by the city engineer; 2) where safety and traffic control measures in accordance with city and FDOT standards are not feasible during these hours as determined by the city engineer; 3) if the construction area is not within five hundred (500) feet of any single or multi-family dwelling as determined by the city engineer; 4) or for city work or activities where the City Manager determines that extended hours of work are necessary to Page 15 of 16 CODING: Words in strike tlrrough type are deletions from existing law. Words in underscore type are additions. complete the work in a timely fashion and to protect the public health. welfare and said feasibility of safety or traffic control measures. Any permit granted under this section may include other conditions on the permittee's ability to work after 7:00 p.m. No such work will be permitted on Sunday unless authorized by the City Manager as necessary and convenient for the public health. welfare and safety. Sec. 5. Backfillin2 and restorin2 of openin2s. All backfilling and restoring of openings made in any street. alley. roadway or public lands shall be performed in accordance with the latest city standards and specifications. \\JGCOE]S\LIBRARY\1990\900182.BB\ORD\Streets Sdwk Ord Chgs (4-16-04).doe Page 16 ofl6 CODING: Words in strike furol:lgh type are deletions from existing law. Words in underscore type are additions.