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05-014 " I I ORDINANCE NO. 05-01&..\ 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING 5 PART III, OF THE CITY OF BOYNTON BEACH CODE 6 OF ORDINANCES, ENTITLED, "LAND DEVELOPMENT 7 REGULATIONS", TO PROVIDE FOR THE CITY 8 ENGINEER TO TAKE ACTION WITH RESPECT TO 9 TECHNICAL SERVICES PROVIDED BY THE 10 ENGINEERING DIVISION OF THE DEPARTMENT OF 11 PUBLIC WORKS AS INDICATED IN EXHIBIT "A" 12 ATTACHED HERETO; AMENDING CHAPTER 22, 13 STREETS AND SIDEWALKS RELATING TO 14 PERMITTING OF WORK WITHIN PUBLIC RlGHTS-OF- 15 WAY AS IT MAY AFFECT PRIVATE PROPERTY 16 ADJACENT THERETO; AND THE PROCESSING OF 17 APPLICATIONS FOR PERMITS AS INDICATED IN SAID 18 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR 19 CONFLICTS, SEVERABILITY, CODIFICATION, AND AN 20 EFFECTIVE DATE. 21 22 23 WHEREAS, the City Commission for the City of Boynton Beach, Florida ("City 24 Commission") adopted Ordinance Number 095-02 on April 4, 1995, that revised and 25 consolidated the City's regulations governing the use and development of land and property 26 within the City, in the best interest ofthe City, its residents, property owners, and visitors: and 27 WHEREAS, the City Commission revised and consolidated the City's Land 28 Development Regulations ("LDR's") into a comprehensive part of the City Code of Ordinances 29 for ease of use and reference, as stated in Part III of the Code of Ordinances of the City of 30 Boynton Beach, Florida; and 31 WHEREAS, certain LDR's which established criteria. standards and specifications 32 require periodic amendments; and 33 WHEREAS, certain segments of the LDR's which require detennination for the 34 issuance of pennits, signed statements, and pennit approval as issued. signed and approved by 35 the City Engineer and/or the Director of Public Works; and II I I WHEREAS, the City Commission adopted Ordinance Number 02-033 on August 20, 2 2002, and Ordinance Number 03-018 on June 3, 2003, that revised numerous requirements of 3 the LDR's as they then existed, requiring certain approvals, detenninations and directives, 4 associated with technical services, to be issued by the City Engineer; and 5 WHERES, other requirements of the LDR's as they currently exists, requiring certain 6 updating, detenninations, directives, approvals associated with technical services, to be also 7 issued by the City Engineer. 8 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMMISSION OF 9 THE CITY OF BOYNTON BEACH, THAT: 10 Section 1. The foregoing whereas clauses are true and correct and incorporated 11 herein by this reference. 12 Section 2. That Part III, entitled "Land Development Regulations" of the City of 13 Boynton Beach Code of Ordinances, be, and the same is hereby amended so as to designate that 14 additional actions associated with technical services provided by the Engineering Division of 15 the Department of Public Works, shall be perfonned by the Director of Public Works and/or the 16 City Engineer and indicated in Exhibit "A" which is attached hereto, and incorporated herein 17 by reference. 18 Section 3. That Part III, entitled "Land Development Regulations" of the City of 19 Boynton Beach Code of Ordinances, be, and the same is hereby amended to provide for the 20 deletion of obsolete language, clarification of provisions, renumbering, and re-Iettering of Part 21 III, as indicated in Exhibit "A" which is attached hereto and incorporated herein by reference. 22 Section 4. Each and every other provision of the Land Development Regulations of 23 the Code of Ordinances of the City of Boynton Beach not herein specifically amended shall 24 remain in full force and effect as previously enacted. II I 1 Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby 2 repeal ed. 3 Section 6. Should any section of any provision of this Ordinance or portion hereof, 4 any paragraph, sentence, or work be declared by a court of competent jurisdiction to be invalid, 5 such decision shall not affect the remainder of this Ordinance. 6 Section 7. Authority is hereby granted to codify this Ordinance. 7 Section 8. The Ordinance shall become effective immediately upon passage. 8 FIRST READING is hereby approved by the City Commission of the City of Boynton 9 Beach on this 15" day of Fe.btlln r 'f ,2005. 10 APPROVED BY THE CITY Of BOYNTON BEACH CITY COMMISSION at II Second and Final Reading and passage this I day of 'tna.~iJ"L, 2005. 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 16 17 f¿i~~~- .- 18 19 20 21 " ~ ../;::::z.",---~ \ ---.,' ," .,.- ..........,. c /_, /.._--"...... './"/ 22 ;~m"":o~/ ~/'M~.2 23 24 25 26 Commissioner 27 ATTEST: /~4-.~h, 28 29 30 31 32 ~;,,;?,~, 33 (CO,~T!3:~EAJ$) 34 _!,:'''~'''' t,: oI)'ci'"CC,,' '., ','! .. '-'f"'~"'""""'" ..',",,""" ~",.=..'.~ ,,:,.~.. =.. t;:;" "'~--"""'",. ~," .~~),ê~~fí EXHIBIT "A" LAND DEVELOPMENT REGULATIONS CODE OF ORDINANCES, PART III * * * CHAPTER 22 STREETS AND SIDEWALKS ARTICLE I. IN GENERAL Sec. 1. Street designation system. All streets, avenues or other thoroughfares for vehicular traffic shall be designated in accordance with city standards. Such designation shall be vested in the director of deyelopmeRt public works who shall also maintain the city's master J.aHà roadway file and allocate secondary street designations at his or her discretion. Sec. 1.1 Street namiB!!: system. Street names shall be issued as per the request of the originator ofthe street (or roadway) except in the case of a section line. where roads will be given a route number in additional to the assigned name by as detennined by either the Florida Department of Transportation or Palm Beach County. whichever has iurisdiction of the street (or roadway). Proposed streets which are on the same alignment with other existing named streets. shall bear the same name of the existing street. All street names shall have a suffix and in no case. except as indicated in the preceding sentence. shall the name of the proposed street (or roadway) duplicate be phonetically similar to existing street names regardless of the use of the suffix - street. avenue. boulevard. drive. place. court. etc. A. Curvilinear streets shall be named on the same basis as other streets and shall carry the same name through their entire length. S. Streets crossing Ocean A venue shall have north and south added to their names accordingly. C. Suffixes shall be limited in use as follows: North-South Direction East-West Direction Court Avenue Drive Boulevard Lane Place Parkway Road Page 1 of 16 CODING: Words in strilce through type are deletions from existing law. WaIds in underscore type are additions. Street 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 Vanity street name chanl!es. A. Standard street name changes shall confonn to the standards and requirements for naming streets as set forth in the preceding section. and shall be pennitted only under the following circumstances: I. 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 pennitted only under the following limited circumstances: I. 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 WorkslEngineering Division; and 4. The established fee has been paid r$1.400.001; and 5. The entire length of the street must be renamed; and 6. The City Commissioners have approved the request. Sec. 1.3 Street numberinl!laddressinl!. 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 s!file. tbrBagh 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 ofthe exact number of a particular lot or parcel entails the dimensions of the lot in question. and its distance nom the nearest land line or street as given in the legal description. Ifthe lot is on an East-West (B-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 properties. 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 pennitted 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 pennitted on a lot which is located between two existing lots with the addresses #500 and #550); and 3. Emergency Medical Services and the Post Office would be able to locate the property; and 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 iniurious to or infiinge 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 nom 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 WorkslEngineering 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 LaRd Developmeat ReglllationG 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 70% 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 confonnance with Chapter 6, Article IV, Section IO.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 pennit ftom 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 pennit ftom the city engineer. C. The pennits required by paragraphs A & B above shall be issued if one of the following requirements are met: 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 ofthe city as a street on which sidewalk construction is to be required, sidewalks shall be constructed along the entire Page 4 of 16 CODING: Words in skilæ tmSHgR type are deletions from existing law. Words in underscore type are additions. 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 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 detennined 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 (I) 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 detennine 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 ofthe 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 ofthe date thereofto the Planning and Development Board CPDB). 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 affinn 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 and the detennination of the PDB after ratification by the City Commission on appeal 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 fonnat. substituting the CRA for the PDB where applicable in the previous paragraphs. A,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 bicycle or pedestrian paths, or where sidewalk requirement would not be compatible or in hannony 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. Page 5 of 16 CODING: Words in strike through type are deletions ITom existing law. Words in underscore type are additions. Sec. 6. Permits required for work affectin!! 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 on any street or alley. or upon property owned or maintained by the city. without first obtaining a public right-of-way pennit pursuant to this chapter. For certain types of protected trees or shrubs. refer to Chapter 7.5. Article 1. Tree Presevation for the proper procedure in addressing such tree or shrub. Sec. 7. Vehicles crossin!! 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 laying 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 ri!!hts-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. Depositin!!. storin!!, process in!! 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 pennanently thereon; except. that building materials can be temporarily stored. processed or produced on streets or roadways if a pennit 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 pennit therefore has been obtained as provided in this chapter. Sec. 10. Removal ofwarnin!!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 pennission of the director of public works. Page 6 of 16 CODING: Words in strike ilirel-:1gà. type are deletions from existing law. Words in underscore type are additIOns. ARTICLE II. CONSTRUCTION, REPAIR OR ALTERATION Sec. 1. Standards, permit required. All work perfonned in public or private rights-of-way shall confonn with the current Department of Public Works. Engineering Division's Enf!ineerinf! Design Criteria Handbook and Construction Standards Handbee![ Manual. Except as provided herein. any person desiring to perfonn or have perfonned any ofthe acts covered by this chapter wherein a pennit is required shall secure such a pennit in accordance with the rules and regulations set forth in this chapter. See. 2. .\pplieatioB required; eOBteBt~. .~J! IIJIplieatioH for the permit reqaired by SeetisH 7 hereaHder shall file with the eity eHgiHeer aD IIJIplieatioH sho'NiHg: ~ Name and address sf the ov.'Rer, or ageHt iH eharge, of the property alJHttiHg the ...... proposed worle area; B. Næne and address of the party doing the ?/or!¡; C. LoeatioH of tfle worle area; D. f.ttaehod plans, er sleeteh, showiHg details ofthe proposed work; E. Estimated eost of the v,orle; F. SHeh other iHformatioH as the eity eHgiHeer shall fiHd reasoHalJly Heeessary to determiHe if a permit shoald se issaed hereuHder. Sec. 2. Access to streets and alleys; permit required; improvements. No person shall construct any access across any right-of-way on any improved or unimproved streets within the city without first obtaining a pennit to do so fÌ'om the city engineer. This pennit shall be issued if the following requirements are met: 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. stonn sewers. and curb and gutters. it shall be improved as follows by the person seeking access in accordance with city specifications approved by the city engineer. Page 7 of 16 CODING: Words in strike thrs1:igll type are deletions from existing law. Words in underscore type are additions. I. Curbs and gutters shall be constructed along the side of any street to which access is sought to the limits ofthe property. if nearest paved portion of that street is improved with curbs and gutters along one or both sides. 2. Pavement shall be constructed in accordance with city standards of material similar or equivalent to the material used for the nearest paved portion ofthe street or streets as detennined by the city engineer. shall be constructed along the side of the street or streets to which access is sought to the limits of the property and beyond to the nearest paved portion of that street or streets. 3. Stonn drainage shall be constructed along the street or streets to which access is sought to the limits of the property and connected to the nearest existing stonn drainage in that street or streets. If the nearest paved portion of the street or streets is improved with stonn sewers. then stonn 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 pennit to do so fÌ'om the city engineer. This pennit shall be issued if the following requirements are met: 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 fÌ'om the limits ofthe property and beyond to the nearest paved portion of the alley. 2. Adequate stonn drainage shall be constructed so that stonn water runoff fÌ'om the property from which access to the alley is sought shall not cause damage to adioining properties or erosion ofthe land. Such stonn drainage shall be constructed in accordance with specifications as detennined 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 therefrom. D. If the right-of-way to which access is sought has been improved after the effective date of this section pursuant to the requirements of sub-paragraph B above. the person desiring access shall pay to the city that portion of the original cost of the improvements installed within the right-of-way abutting his property to the centerline ofthe right-of-way and to the side limits of his property. These recaptured costs shall be collected by the city and reimbursed to the person who paid for the improvement when installed. when and if the city collects these costs as aforesaid. The City Commission. after a public hearing before the Planning and Development Board (PDB) or the Community Redevelopment Agency (CRA). and receipt of the findings and Page 8 of 16 CODING: Words in strike through type are deletions ÍÌom existing law. Words in underscore type are additions. recommendations of such board. may waive or vary any requirement of sub-paragraph B above for good cause shown upon application by the persons seeking access. Sec. 3. Application. Permit fees. Application for a pennit under this chapter shall be made on such fonns as shall be provided by the city engineer. No work shall commence until the city engineer or his designee has authorized issuance of a pennit therefore and such pennit has been issued. For pennits issued under another chapter or any other pennit which affects trees or shrubs. or will have an affect on trees or shrubs. in rights-of-way or on city owned property. the Department of Public Works/Forestry and Grounds Division shall review and approve the pennit before it is issued. An application for a pennit 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 pennit 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 ofthe city and one (1 ) shall be retained by the city engineer. An applicant for a pennit 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 perfonned under such pennit. The acceptance of any pennit 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 eHrb, siàewalk, elffiJ eut, tÌrive.....ay or street te be altereà. type of work to be perfonned. Sec. 4. Permit issuance. The city engineer shall issue a pennit 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 oflike 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. That the health, welfare and safety of the public will not be unreasonably impaired. E. Pennits issued under authority ofthis chapter are nontransferable. Page 9 of 16 CODING: Words in strilee thro..gh type are deletions from existing law. Words in underscore type are additions. F. A COpy of the pennit 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 pennit under Article 1. 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 citv. The applicant's insurance shall provide coverage against claims for personal iniury as well as against claims for property damage which may arise from or out of the perfonnance of the work. whether such perfonnance 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 ofthe liability insurance for personal iniury 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 pennit under Article 1. Sections 5. 7 & 9. and Article II. Section 2 of this chapter. an applicant shall furnish a surety to guarantee faithful perfonnance ofthe work covered by the pennit. The surety shall be in accordance with one ofthe approved fonns in the Enf!ineerinf! Desif!n 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 pennit. an applicant anticipating more than one (I) pennit application may furnish one cash bond in the amount of five thousand ($5.000.) dollars to cover all pennits. 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 perfonnance by the applicant of the work covered by such pennit. 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 ofthe applicant. in the perfonnance of the applicant's obligations in connection with the work covered by such pennit the applicant shall forfeit its bond. B. Upon certification by the city engineer of completion of the work covered by such pennit. 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 ,trike thrÐ..gh type are deletions from existing law. Wards in underscore type are additions. C. In the event that the city engineer shall detennine 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 ofthe Land Development Regulations in an amount equal to one hundred ten (110%) percent ofthe estimated value of the work. If a letter of credit is provided. it shall be dated on or before the date of the pennit application and shall be for a tenn to expire one (I) year after receipt by the pennittee of a certificate of final inspection. Sec. 4.3. Ril!hts of the city not affected by I!rantinl! of permits. Every pennit issued under this chapter shall be granted subiect 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 pennit. Sec. 4.4. Work to be commenced within thirty days. Work for which a pennit has been issued shall commence within thirty (30) days after the issuance ofthe pennit therefore or within such extension of period oftime as detennined by the city engineer upon good cause shown. If the work is not timely commenced. the pennit shall automatically be tenninated and the fee forfeited. Pennits thus tenninated may be renewed upon payment of an additional fee in the amount of the original fee. Sec. 4.5. Performance of additional work. No pennittee under this chapter shall perfonn work in an amount or quantity greater than that specified in the pennit except upon approval by the city engineer. Upon such approval. additional work may be done under the provisions of the pennit an amount not greater than ten (10) percent ofthe amount specified by the pennit. Any fee or bond posted in connection with the original pennit 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. Pennits 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 pennit. Ifthe pennittee shall be unable to complete the work within the time period. he shall. prior to the expiration of the pennit. 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 pennittee additional time for completion ofthe work. A. All extensions of pennit time shall be calculated at twenty- five (25%) percent of the original total pennit fee and shall extend the life of the pennit for an additional six (6) month period. S. One hundred ( 100%) percent of a pennit fee shall be added if work is started without a valid pennit. Page 11 of16 CODING: Words in strike through type are deletions from existing law. Words in underscore type are additions. C. No fees shall be refunded when a pennit has lapsed after work is started. When a pennit is revoked at the request ofthe pennittee 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 perfonnance of any tenn or condition of a pennit. written notice thereof shall be given to the pennittee 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 pennittee or the commercial bank shall within the time specified either cause the required work to be perfonned. or failing therein. If the required work is not perfonned 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 pennit after prior written notice to the pennittee for: A. Violation of any provision of this chapter. B. Violation of any other applicable provision ofthis 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 pennittee or his agent engaged in the work. The notice shall contain a brief statement for the reason of the contemplated revocation of the pennit. Notice shall be given either by personal delivery thereof to the person to be notified. by 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 pennittee is being granted to correct the violation and to proceed 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 pennit has been revoked and the work authorized by the pennit 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 pennittee and may be removed nom the cash bond or letter of credit that the pennittee has filed with the city. and the bond or letter of credit shall so provide. Page 120f16 CODING: Words În strike flKsblgn type are deletions from existing law. WaIds in underscore type are additions. Sec. 4.9. Abandoned facilities. Whenever any facilities existing in the streets or alleys ofthe city have been abandoned by the owners. the owner of such facilities shall be notified ofthe 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 ofthe 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 pennit to any agent (who is not a regular employee) ofthe 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 fonnal application for a pennit as regularly required under the tenns 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 pennit 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 DesÍf!n Criteria and Standards Handbook. Sec. 2. Notice to adioininl! property owners of proposed work. If the work to be undertaken by a pennittee under this article is such that it will affect the use of properties abutting or adjoining the place where the work covered by the pennit is to be done. the city engineer shall require the pennittee to submit a list of the names and addresses of the affected property owners and tenants. and the pennittee shall notify the affected property owners and tenants of the proposed work. If the work to be undertaken by the pennittee will affect other subsurface installations in the vicinity of the proposed opening. the pennittee shall also notify the owners of such facilities of the proposed work. Page 13 of 16 CODING: Words in strike threl:lgn type are deletions from existing law. WaIds in underscore type are additions. 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 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 pennit 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 pennission so to do is first obtained in writing from the proper government authority. Pennission may be granted only upon conditions that the pennittee shall pay all expenses incident to the proper replacement thereof. including the cost of a survey. F. When work perfonned by the pennittee interferes with the established drainage system of any street or natural water way. provision shall be made by the pennittee for adequate temporary drainage to the satisfaction of the city engineer and consistent with the provisions of this Code. 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 pennittee 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 Page 14 of 16 CODING: Words in skÌlœ thrsl:Igh type are deletions from existing law. Words in underscore type are additions. such removal and the cost incurred thereby shall be paid by the pennittee. Failure on the part of the pennittee to make immediate payment of such cost upon demand shall be cause for revoking such pennit. H. Every pennittee shall place around the excavation or proiect such barriers. barricades. lights. warning flags and danger signs as shall be detennined 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 adiacent 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 pennittee. I. When any work is perfonned on city streets. the pennittee must comply with the traffic control procedures established by the Department of Public Works. 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 pennit. 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 ofthe 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 pennittee 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 pennittee 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 pennittee shall keep open a passageway at least one-half (Yz) of the sidewalk width along such sidewalk. L. Work authorized by a pennit shall be perfonned between the hours of7:00 a.m. and 7:00 p.m.. Monday through Saturday. unless the pennittee obtains written consent from the inspection officer to do the work at other times. Such pennission shall be granted only: 1) in case of emergency as detennined 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 detennined by the city engineer; 3) if the construction area is not within five hundred (500) feet of any single or multi-family dwelling as detennined by the city engineer; 4) or for city work or activities where the City Manager detennines that extended hours of work are necessary to complete the work in a timely fashion and to protect the public health. welfare and said feasibility of safety or traffic control measures. Any pennit granted under this section may include other conditions on the pennittee's ability to work after 7:00 p.m. No such work will be pennitted on Sunday unless authorized by the City Commission as necessary and convenient for the public health. welfare and safety. Page 15 of 16 CODING: Words in strike thraligh type are deletions from existing law. Wards in underscore type are additions. Sec. 5. Backfillißl! and restorinl! of openinl!s. All backfilling and restoring of openings made in any street. alley. roadway or public lands shall be perfonned in accordance with the latest standards and specifications of the city. Page 160f16 CODING: Words in st'¡ke through type are deletions ITom existing law. Words in underscore type are additions.