Boyn06 Chapter 6
REQUIRED IMPROVEMENTS
Art. I. In General
Art. II. Applicability
Art. III. Identification of Required Improvements
Art. IV. Design Requirements for Required Improvements
Art. V. Construction of Required Improvements
Art. VI. Acceptance and Maintenance of Required Improvements
Art. VII. Subdivisions Containing/Adjoining Waterfront Property
ARTICLE I. IN GENERAL
Sec. 1. Purpose.
The purpose for construction of these required improvements is as stated in Chapter 1, Article IV of these Land Development Regulations of the City of Boynton Beach.
Sec. 2. Commencement.
Construction of required improvements shall not commence until a land development permit has been issued, except that a clearing and grubbing permit and/or an excavation/fill permit
may be issued prior to the land development permit.
(Ord. 02-033, § 4, 8-20-02)
Sec. 3. Administration.
For the purpose of coordinating, enforcing and administering this chapter, the city engineer shall be the administering officer. Tangible improvements are required as described in
this chapter and the city standards, in conjunction with the development of real property within the city limits.
(Ord. 02-033, §§ 3, 4, 8-20-02)
ARTICLE II. APPLICABILITY
Tangible improvements are required as described in this chapter in conjunction with the development of every subdivision within the incorporated area of the City of Boynton Beach whether
the subdivision is platted or unplatted.
ARTICLE III. IDENTIFICATION OF
REQUIRED IMPROVEMENTS
Sec. 1. Alleys.
Alleys are required along rear lot lines of commercial subdivisions and are permitted in industrial subdivisions.
Sec. 2. Bridges and culverts.
Bridges or culverts shall be provided as necessary to facilitate the proposed street system whenever a subdivision is traversed by or contains canals, watercourses, lakes, streams,
waterways or channels. Bridges or culverts are subject to approval by agencies having jurisdiction.
Sec. 3. Buffer areas (screening).
Subdivisions shall be buffered to separate residential developments from commercial and industrial developments with a five-foot high masonry wall or landscaped chain link fence, or
some other equivalent buffer which shall also be at least five (5) feet in height, except where such developments are separated by a golf course or other equivalent barrier. Residential
developments shall also be buffered and protected from adjacent expressways, arterials and railroad rights-of-way with a five-foot limited access easement, which shall be shown and designated
on the plat, except where
access is provided by means of a
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marginal access road or where such expressway, arterial or railroad right-of-way abuts a golf course. As an alternative, a five-foot high decorative masonry wall or landscaped chain
link fence or other equivalent buffer, which shall be at least five (5) feet high, may be provided in a limited access easement up to five (5) feet wide.
Sec. 4. Clearing, grading, filling.
Grade, excavate and/or fill to comply with this chapter, taking into consideration the existing and future grade of adjacent properties and rights-of-way. Prior to commencement of
any construction activity on the site, a reclamation plan in compliance with Chapter 8, Article III, Section A, paragraph 1a, shall be approved by the city engineer. Clear all rights-of-way
and make all grades for streets, alleys, lots, water tracts and other areas compatible for drainage as prescribed in the drainage design. Type of fill within dedicated rights-of-way
and other dedicated land shall be satisfactory to the city engineer, based on soil tests provided and paid for by the developer, who shall certify as to the type of material and method
of placement. In the interest of the preservation of existing trees and other natural beauty, the city engineer, following consultation with the city forester, may vary the requirements
of this section where aesthetic and environmental conditions will be enhanced but will not affect proper drainage of the area.
Blowing sand, dust and other airborne particulate matter shall be controlled in compliance with Chapter 7.5, Article I, Section 19C. Remove all Melaleuca, Brazilian Pepper and Australian
Pine.
(Ord. No. 96-56, § 1, 1-21-97; Ord. No. 02-033, §§ 3, 4, 8-20-02)
Sec. 5-1. Drainage.
An adequate storm, surface and ground water drainage system, including necessary ditches, canals, swales, percolation areas, detention ponds, storm
sewers, exfiltration trenches, drain inlets, manholes,
headwalls, endwalls, culverts, bridges and other appurtenances shall be required in all subdivisions.
Sec. 5-2. Storm water treatment.
Storm water shall be treated in the subdivision by providing on-site percolation and/or detention or any appropriate treatment technique acceptable to the South Florida Water Management
District.
Sec. 6. Fire hydrants.
Fire hydrants shall be provided in all residential, commercial and industrial subdivisions in the manner prescribed in this ordinance. When annual fire hydrant fees are to be levied
according to ordinances, a special association for payment of said fees will be required.
Sec. 7. Reserved.
Sec. 8. Reserved.
Sec. 9. Reserved.
Sec. 10. Sanitary sewage.
A complete sewage collection system shall be provided for all subdivisions in accordance with requisite government regulations. Sewage transmission facilities shall be provided by the
developer to an approved operating city collection or transmission system. The city utility director shall approve all connections to existing city collection and transmission systems.
Sec. 11. Sidewalks.
Sidewalks shall be constructed on both sides of all local and collector streets, and on one side of marginal
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access streets in all areas. They shall be constructed concurrent with building construction.
A. Waiver. A required sidewalk may be waived by the city engineer in platted or unplatted subdivisions when it is determined that adequate pedestrian circulation is provided by bicycle/pedestrian
paths. The control, jurisdiction and maintenance obligation of bicycle/pedestrian paths not located within a public right-of-way shall be placed in a property owner's association or
an improvement district. Bicycle/pedestrian paths shall be constructed concurrently with other required improvements.
B. Alternatives. A dual system consisting of sidewalks within public right-of-way and bicycle/pedestrian paths outside of the public right-of-way may be required to provide adequate
pedestrian circulation. Paths shall be constructed concurrently with other required improvements and shall be included in the surety described in Article XVIII.
(Ord. No. 96-56, § 2, 1-21-97; Ord. No. 02-033, § 2, 8-20-02)
Sec. 12. Streets.
All streets and related facilities required to serve the proposed subdivision shall be constructed by the developer. The construction shall consist of, but not be limited to, street
grading, base preparation and surface course along with drainage, and shall be in accordance with City regulations.
Before any plat or deed or instrument conveying or dedicating any street right-of-way to the city shall be accepted by the city, all roads shall be paved so as to meet the minimum requirements
set forth in this chapter.
(Ord. No. 96-56, § 3, 1-21-97)
Sec. 13. Street markers.
Street markers shall be provided at each intersection in the type, size and location required by
current city standards. Street name signs shall carry the street name on the approved subdivision documents.
Sec. 14. Street lighting.
Street lighting is required on all public street rights-of-way. Applicant is responsible for supplying and installing a system acceptable to Florida Power and Light Company and the
city engineer. Upon completion and demonstration, the city will extend its current agreement with F.P.L. and absorb the energy cost of street lighting on city streets. Street lighting
is optional on private streets and the cost of supplying, installing and providing energy and life long maintenance is the sole responsibility of the applicant and its successors or
assigns.
(Ord. No. 02-033, § 3, 8-20-02)
Sec. 15. Central water system.
A complete water distribution system shall be provided for all subdivisions. Water transmission mains shall be provided by the developer to an approved operating city water system.
The city utility director shall approve all new connections to the existing city water system.
Sec. 16. Traffic control devices.
The developer shall install traffic control devices on roads within and interfacing with the subdivision. The developer shall conduct a traffic impact analysis meeting the approval
of the city engineer, who shall determine the traffic control requirements.
(Ord. No. 02-033, §§ 3, 4, 8-20-02)
ARTICLE IV. DESIGN REQUIREMENTS
FOR REQUIRED IMPROVEMENTS
The design of required subdivision improvements shall be in accordance with acceptable engineering
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principles. Design data, (calculations, analyses, etc.) shall be submitted along with the development plans covering important features affecting design and construction. Such data
shall include, but not be limited to, high water, drainage facilities of all kinds, subsurface soil data, alternate pavement and subgrade types, and radii at intersections when minimum
standards of the American Association of State Highway and Transportation Officials are inadequate. Required improvements shall be equal to or exceed current city standards and the
following:
Sec. 1. Access.
A. Point of access.
1. Along local streets, the point of access to lots shall be at least thirty (30) feet from intersecting right-of-way lines, providing the interior lot angle at the intersecting lines
is 90 or greater. If the interior lot angle is less than 90 , the access point distance will increase, and be determined by the city engineer or his or her designee. On zero lot line
corner lots, access points shall be located a minimum of twenty-five (25) feet from the intersection of the projection of right-of-way lines to the near edge of the driveway. Access
to townhouse clusters may be via parking lots and/or driveways designated on the plat as access or parking tracts, provided the length of access does not exceed six hundred sixty (660)
feet. Subdivisions shall be designed to provide access to all lots by the use of local streets.
2. Along collector streets, the point of access to lots shall be at least fifty (50) feet from the intersecting right-of-way lines, incorporating the same angular parameters noted
above. Mid-block lots shall meet access point separations in accordance with city standards.
3. Along arterial streets, the point of access to lots shall be at least one hundred twenty (120) feet from the intersecting right-of-way lines, incorporating the same angular parameters
noted above. It is the intent to minimize the number of access points
connecting to an arterial street, however, if required for access or circulation, a second access point may be permitted on the side of the lot adjacent to the lanes departing the intersection.
The location of the access points shall be approved by the city engineer or his or her designee.
4. New subdivisions, P.U.D.s and cluster dwellings shall consider a secondary vehicle access point, in addition to the primary vehicle access point, from the service roadway fronting.
the proposed development site, when 30 or more dwelling units are planned. If, due to the land configuration or remote relationship to other platted improved lands, a secondary vehicle
access point is not viable, an emergency vehicle access point shall be considered away from the primary vehicle access point to allow for emergency access to the dwelling units in the
event the primary vehicle access point is not accessible.
B. DRIVEWAY SPACING. Minimum spacing between driveway centerlines on all streets shall be in accordance with city standards. If the street is under the jurisdiction of another agency,
spacing shall be in accordance with Palm Beach County standards for county roads or FDOT standards for state roads, whichever is greater.
C. STREET CONNECTIONS.
1. Local streets to collectors. Local street connections to collector streets shall be a minimum of six hundred sixty (660) feet apart.
2. Collector streets to arterials. Collector street connections to arterial streets shall be a minimum of one thousand three hundred twenty (1,320) feet apart.
D. DOUBLE FRONTAGE LOTS. Double frontage lots adjacent to a collector or arterial street shall front on a local street. The rear of the lot shall abut the collector or arterial street
and be buffered as required by these Land Development Regulations.
(Ord. No. 96-56, § 4, 1-21-97; Ord. No. 02-033, §§ 3, 4, 8-20-02)
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Sec. 2. Alleys.
Alleys shall be paved eighteen (18) feet wide in a minimum twenty-foot right-of-way for commercial and industrial use and shall have appropriate radii for the use intended. Alleys
shall have inverted crowns with three-eighths (3/8) inch per foot traversed slope. The alley grade shall not exceed two and four-tenths percent (2.40%) or be less than forty-hundredths
per cent (0.40%) unless otherwise approved by the city engineer. Alley intersections and sharp changes in alignment shall be avoided and dead end alleys are prohibited.
(Ord. No. 02-033, § 3, 4, 8-20-02; Ord. No. 03-018, §§ 1-3, 6-3-03)
Sec. 3. Blocks.
The length, width and shape of blocks shall be determined with due regard to:
A. Provision of adequate building sites suitable to the special needs of the type of use contemplated.
B. Zoning requirements as to lot size and dimensions.
C. Need for convenient access, circulation, control and safety of vehicular and pedestrian traffic.
D. Limitations and opportunities of topography.
1. Block lengths shall not exceed one thousand three hundred twenty (1,320) feet between intersecting streets except where special topographical conditions exist. Greater lengths
may be approved by the city engineer.
2. In blocks nine hundred (900) feet in length or over, crosswalks not less than eight (8) feet wide may be required between streets where deemed essential to provide circulation or
access to schools, playgrounds, shopping centers, transportation and other community facilities.
(Ord. No. 02-033, § 3, 8-20-02)
Sec. 4. Bridges.
Bridges shall be designed in general accord with current Department of Transportation practices and shall include planning for utility installation. They shall be reinforced concrete
or, upon request and approval, other low maintenance materials. Bridges shall have a clear roadway width between curbs two (2) feet in excess of the pavement width in each direction
and shall provide four-foot wide sidewalks on each side. All bridge structures shall be designed for H-20-S16-44 loading, incorporating adequate erosion protection.
Sec. 5. Drainage and storm water
treatment.
A. DRAINAGE. Provide comprehensive storm drainage facilities. Submit construction plans and certified drainage design data which includes, but is not limited to, method of control
of storm water and groundwater; drainage plan; existing water elevations; recurring high water elevations; proposed design water elevations; drainage structures; canals; ditches; and
any other pertinent information pertaining to the system. Provide for drainage of lots, streets, roads and other public areas including surface waters which drain into or through the
property. The drainage design must provide adequate surface water drainage of naturally occurring or existing adjacent contributory areas.
1. Design Criteria.
a. Design using acceptable engineering principles.
b. Protect all future buildings from a one in one hundred (100) year storm.
c. Provide South Florida Water Management District (SFWMD) approval.
d. Provide for maintenance of groundwater levels to prevent over drainage for the intended land use.
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e. Design for rainstorms of maximum intensity predicted for the Palm Beach County area at three-year intervals according to current SFWMD charts and data.
f. Design for long life, low maintenance cost and ease of maintenance.
g. Design so that the hydraulic gradient is not higher than grate elevations of any inlet in the system.
h. Slope pipe and channel structures to minimize sediment.
i. Use runoff coefficients applicable after complete development has occurred.
2. Components.
a. Minimum pipe size is fifteen (15) inches in diameter.
b. Distance between terminating or intermediate structures shall not exceed those required by state standards for the construction of maintenance inlets or manholes.
c. Pipe shall meet ASTM, AASHTO and current Department of Transportation specifications. Concrete pipe shall have gasketed joints, meeting the requirements of AASHTO.
d. Metal pipe used beneath pavement or parallel within the right-of-way shall provide a joint-free installation. Where joint-free installations are not feasible pipe shall be jointed
with a twelve-inch wide band having a mastic or neoprene gasket providing a watertight joint. Other jointing techniques meeting or exceeding these requirements may be used if approved
by the city engineer.
e. Alternate types of pipe material may be considered for storm sewer systems within the right-of-way, including high-density, corrugated polyethylene pipe (double wall) (HDPE), covered
by
and conforming to current ASTM, AASHTO or ANSI standard specifications for materials and fabrication of barrel and joints, and shall meet current FDOT standard specifications and policies
applicable to the intended use. The use of this alternate will require written approval from the city engineer.
f. Pipe shall be fitted with headwalls, endwalls, inlets and other appropriate structures.
g. Catchbasins and manhole covers shall be bicycle-proof.
3. Dedications. Where additional ditches and canals are required to accommodate contributory surface waters, right-of-way shall be dedicated for future needs. Exception: developer
may excavate or open sufficient capacity to provide for existing drainage needs whenever the developed or undeveloped status of adjacent areas so warrants, subject to approval by the
city engineer.
B. STORM WATER TREATMENT. Rainfall runoff, surface waters and groundwaters shall be managed in subdivisions to optimize water quality and maximize percolation and detention to promote
the re-use of this resource. The treatment shall be acceptable to the SFWM D. Storm Water Management shall be governed by the appropriate drainage district.
1. Design Criteria.
a. Size to accommodate at least a one hour, three-year storm or to retain the first inch of runoff, whichever is greater.
b. Provide detention for at least the first inch of rainfall in swales, retention areas or other approved facilities.
c. Pervious areas shall be sodded and irrigated unless other landscaping is approved by the director of development.
d. Route runoff from roads, parking lots, roofs and other impervious surfaces over areas
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Required Improvements 7
where percolation is accomplished prior to introduction into any receiving facility. Runoff carried directly into the closed storm sewer system must be discharged to percolation areas
prior to conveyance to off-site receiving waters.
2. Components.
a. Maximum runoff distance over impervious surfaces before diversion to percolation areas is fifty (50) feet excluding roofs, sports fields, roadway gutters and storm sewers.
b. Temporary ponding shall not last more than eight (8) hours.
c. Swales may be substituted for storm sewers to convey and collect surface waters. Minimum and maximum swale grades shall be in accordance with city standards. Maximum swale grade
is limited to that grade which will produce water velocities below the threshold of erosion. Typical swale sections shall follow city standards.
d. Water management tracts shall include a twenty-foot (20) maintenance easement with a maximum side slope of eight to one (8:1) to the water level control elevation. Maximum slope
from edge of maintenance easement to a point two feet below control elevation shall be four to one (4:1). Maximum slope below this point shall be in accordance with city stormwater
retention criteria and standards.
3. Dedications. Major treatment facilities such as swales, lakes, canals, and other areas used for storm water management prior to discharge from development shall be placed in water
management tracts shown on the plat and dedicated to the entity responsible for their maintenance.
4. Alternate treatments. Alternate treatment methods or facilities which in the opinion of the city engineer are equal or superior to the above requirements may be approved. Applications
for such approvals shall be accompanied by written data, calculations and analyses which show, by accepted
engineering principles, that the alternate proposal is equal or superior to that required.
All major treatment facilities such as swales, lakes, canals, and other detention areas used for storm water management prior to discharge from development shall be placed in water
management tracts shown on the plat and dedicated to the entity responsible for their maintenance. All water management tracts shall include where necessary, a twenty-foot maintenance
berm, with a side slope not steeper than eight to one (8:1) to control and four to one (4:1) two (2) feet below control.
Alternate treatment methods or facilities which in the opinion of the director of development are equal or superior to the above requirements may be approved.
(Ord. No. 96-56, § 5, 1-21-97; Ord. No. 02-033, §§ 3, 4, 8-20-02)
Sec. 6. Easements.
A. UTILITY EASEMENTS. Easements, a minimum of twelve (12) feet wide, shall be provided to accommodate all required utilities across lots with convenient access for maintenance, and
where possible shall be centered on lot lines. Easements ten (10) feet wide shall be provided for underground utilities across that portion of a lot adjacent to a street. Additional
utility easements or larger utility easements may be required by the city when, in the opinion of the city engineer, or his or her designee, and/or the utilities engineer, such easements
are necessary for continuity of utility service between developments and where necessary for maintenance and service. Utility easements and drainage easements shall be separate unless
otherwise approved by the director of utilities and the city engineer. Where easement crossings occur, drainage easements shall take precedent.
B. DRAINAGE EASEMENTS. Drainage easements shall be provided where necessary at a width adequate to accommodate the drainage facilities. A minimum of twelve (12) feet shall be provided
for
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underground storm drainage installations. Where canals or ditches are permitted, the width shall be adequate to accommodate drainage plus twenty (20) feet on one side for maintenance
purposes. Where the width of canals or ditches exceeds sixty (60) feet, they shall be acceptable to and placed under the control of the drainage agency having jurisdiction. Drainage
easements shall be provided to facilitate removal of surface waters from contributory areas. When a subdivision is traversed by or develops canals, watercourses, lakes, streams, drainage
ways or channels, a drainage easement or right-of-way shall be provided conforming substantially with the lines of such waterway and of such width and/or construction as will be adequate
for the purpose.
Sec. 7. Lots.
All lots shall have frontage on a street or have permanent private access to a street which has a minimum right-of-way of fifty (50) feet. All lots shall have the area, frontage, width
and depth required by the prevailing or approved use zone wherein said lots are located. When a subdivision is proposed under land with existing structures that are proposed to be retained,
lots are to be designed so as not to cause existing structures to become nonconforming with respect to building area or lot size. When lots are platted abutting a collector or arterial
street, access shall be limited to local streets or marginal access roads. No access from individual lots shall be permitted directly to collector or arterial streets. Double frontage
lots or through lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography
or orientation. Where double frontage lots are developed they shall be buffered as required by this ordinance.
Corner lot lines at intersecting rights-of-way shall be the long chord of a twenty-five-foot radius or of a greater radius where deemed necessary. Corner lots shall be designed to
provide a safe intersection with respect to sight distance. A restriction shall be defined on the plat prohibiting construction or plantings over 2
foot six inches high on corner lots within a safe sight distance based on the crown elevation of the street.
(Ord. No. 96-56, § 6, 1-21-97)
Sec. 8. Seawalls, bulkheads, piers and
docks.
Seawalls, bulkheads, piers and docks installed along access waterways shall be installed under permit issued by the Boynton Beach Development Department. Seawalls and bulkheads shall
be constructed with the water side face being on the property line.
Sec. 9. Soils.
Test borings of subsurface condition of the tract are required. When nonpervious soils or unstable soils (peat, muck, etc.) are encountered, the developer shall provide such additional
design and construction as are necessary to assure proper drainage and development. Test locations and results shall be recorded on the construction plans.
Sec. 10. Streets.
Street layout shall be coordinated with the street system of the surrounding area. Consideration shall be given to existing and planned streets, topographical conditions, public convenience,
safety and relation-ship to the proposed use of the land to be served. The arrangement of streets in new subdivisions shall provide for the continuation of existing streets in adjoining
areas not subdivided, and shall provide for the proper projection of streets. When a subdivision adjoins unsubdivided land, then the new street, where necessary, shall be carried to
the boundary of the tract proposed to be subdivided to promote reasonable development of adjacent lands, and provide continuity of street systems. The new subdivision shall provide
for the incorporation and compatible development of present and future streets shown on the thoroughfare map adopted by the City Commission.
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A. TRAFFIC ANALYSIS. A subdivision that will generate three thousand (3,000) one-directional vehicle trips per day or two hundred fifty (250) one-directional vehicle trips in any one-hour
period must submit a traffic impact analysis along with the master plan. The analysis shall be prepared by a professional engineer and shall be used to determine the number of lanes,
capacity of street systems proposed or affected by the development, and the phasing of improvements. When a subdivision will not generate sufficient one-directional vehicle trips to
warrant a traffic impact analysis, an intersection analysis must be submitted along with the master plan.
B. STREET RIGHT-OF-WAY WIDTH. Minimum street right-of-way width shall be as follows:
Right-of-Way Width
Street Type (in feet)
Expressway 300
Major arterial 200
Arterial 120
*Collector 80
*Local with mountable curb 50
*Local with swales 60
Marginal access 40
*The right-of-way width may be reduced by eight (8) feet if the provisions of Chapter 6, Art. III, Sec. 11 are met.
C. STREET PAVEMENT WIDTHS. Street pavement widths shall be constructed in accordance with city standards.
D. DEAD-END STREETS. Dead-end streets shall be constructed in accordance with city standards.
E. CONSTRUCTION IN MUCK OR CLAY AREAS. When streets or alleys are to be constructed in muck area, the muck or peat shall be completely removed from the centerline (10) feet beyond
the edge of pavement on each side. When gumbo or other plastic clays are encountered, they shall be removed within the roadway area one foot below the subgrade extending horizontally
to the outside edge of the shoulder area. The design of streets proposed in excessive muck areas shall be considered on an individual basis.
F. MATERIALS. Streets shall include a subgrade, base and wearing surface in accordance with current city standards. Local streets shall be paved with one and one-half (1-1/2) inches
of Type S-II or S-III asphaltic concrete surface course placed in two lifts on an acceptable base with a stabilized subgrade producing a fifty (50) p.s.i. Florida bearing value. All
other streets of higher classification shall be paved with one and three-quarters (1 3/4) inches of Type S-II or S-III asphaltic concrete surface course placed in two lifts on an acceptable
base with a stabilized subgrade producing a seventy-five (75) p.s.i. Florida bearing value. Acceptable base material shall be limerock or approved local shell having a twelve-inch compacted
thickness or the equivalent of sand asphalt plant mix meeting state standards. An alternate of Type I asphaltic concrete one and one-half (1-1/2) inches thick may be used on all streets
of higher classification.
G. ALTERNATE TYPES OF PAVEMENT, BASE AND SUBGRADE. Alternate types of pavement, base and subgrade which, in the opinion of the city engineer, are equal or superior to those specified
may be approved. Application for such approval shall be accompanied by written data, calculations and analyses which show, by accepted engineering principles, that the alternate types
are equal or superior to those specified.
H. STABILIZED SHOULDERS. Stabilized shoulders eight (8) feet wide shall be provided for distress lanes unless paved lanes are provided. The shoulder shall consist of a six-inch layer
of soil having a minimum of fifty (50) p.s.i. Florida bearing value for local streets and seventy-five (75) p.s.i. for streets of higher classification. Where sod is desired, it shall
be installed prior to acceptance of the subdivision. As an alternative, six (6) inches of stabilization may be left four (4) inches below finished grade. No time extensions will be
granted on the basis of incomplete stabilized shoulders.
I. STREET GRADES. Street grades shall be determined in relation to the drainage installations for the subdivision. Street grades shall not exceed two and one-half per cent (21/2%)
unless adequate protection for erosion is provided. Swale section grades
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shall not be less than thirty-two hundredths per cent (0.32%) and guttered section grades shall not be less than twenty-four hundredths per cent (0.24%) unless otherwise approved by
the city engineer. Road drainage shall be shown on development plans by direction, per cent of fall and with a centerline distance between control points.
J. SWALE AND SWALE GRADES. Swale grades within the right-of-way shall comply with current city standards including, but not limited to, the recreation and parks department policy and
procedure manual. Runoff may be accumulated and carried in swales or guttered sections in the right-of-way along streets in accordance with the maximum flood lines shown in the current
city standards. Water in excess of these quantities shall not be carried in the street swale or gutter but shall be diverted into storm facilities.
K. STREET JOGS PROHIBITED. Local street jogs with centerline offsets of less than one hundred twenty-five (125) feet are prohibited.
L. MARGINAL ACCESS STREETS. Where a subdivision abuts an arterial or higher classification street and adjoining property owners desire access other than at street connections, a marginal
access street shall be required from an intersection to the edge of the subdivision.
M. LOCAL STREETS. Local streets shall be laid out so as to discourage through traffic.
N. RAILROADS ON OR ABUTTING SUBDIVISIONS. When a subdivision borders on or contains a railroad right-of-way, a street approximately parallel to and on each side of such right-of-way
may be required so as to permit appropriate use of the intervening land for park purposes in residential districts or for commercial or for industrial purposes in appropriate districts.
O. HALF STREETS. Half or partial streets are prohibited except where essential to the reasonable subdivision of a tract in conformance with the thoroughfare plan and these regulations.
In addition,
satisfactory assurance for dedication of the remaining part of the street must be provided. Whenever a tract to be subdivided borders on an existing half or partial street, the other
part of the street may be required to be dedicated and constructed within such tract. A proposed subdivision that adjoins or includes an existing street which does not conform to the
mini-mum right-of-way requirements of these regulations shall dedicate right-of-way along either one or both sides of said street so that the minimum right-of-way requirements of these
regulations can be met.
P. THOROUGHFARE INTERSECTIONS. Minimize the number of driveways and access roads which intersect thoroughfares and design these driveways and access roads to allow for signalization.
Q. STREET NAMES. Proposed streets which are in alignment with other existing and named streets shall bear the same name as the existing street. All other street names shall include
a modifier such as street, lane, avenue, boulevard, drive, place, court, etc. and shall not duplicate or be phonetically similar to existing street names regardless of the use of the
modifier.
R. ALIGNMENT, TANGENT, DEFLECTION, RADII. Streets shall be laid out to intersect as nearly as possible at right angles. Multiple intersections involving the junction of more than two
(2) streets are prohibited. The point of curvature of any local street shall not be closer than one hundred (100) feet to any intersection. All intersections shall be designed to provide
adequate stopping and sight distance in accordance with the current city standards.
S. STREET MARKERS. One street marker as prescribed by current city standards shall be provided at each intersection eight (8) feet from the edge of pavement on a radial line that bisects
the intersection radius curve.
T. SIDEWALKS. Sidewalks shall be constructed in accordance with city standards. Sidewalks shall be placed within the right-of-way one (1) foot from the right-of-way line, unless otherwise
approved by the city engineer.
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U. COLLECTOR ROAD DEDICATION. Collector roads within subdivisions shall be dedicated as public streets.
V. LOT ACCESS. Individual lots shall have access to an internal street system.
W. LIMITED ACCESS EASEMENTS. Limited access easements shall be provided along collector and arterial roads.
X. CROSS ACCESS ROAD. Provide cross access roads between commercial sites wherever practical to minimize trips on nearby thoroughfares.
Y. ALTERATIONS TO MEDIANS. Whenever alterations of medians are deemed necessary by the City Commission for the promotion and protection of the health, safety and general welfare of
the community, the costs for such alterations shall be borne by the developers or property owners of such land development projects.
Z. IMPACTS OF CONSTRUCTION. All construction activity regulated by this code shall be performed in a manner so as not to adversely impact the conditions of adjacent properties, unless
such activity is permitted to affect said property pursuant to a consent granted by the adjacent property owner, under terms or conditions agreeable to the adjacent property owner.
This includes, but is not limited to, the control of dust, noise, water or drainage runoff, debris and the storage of construction materials. New construction activity shall not adversely
impact historic surface water drainage flows of adjacent properties, and may require special drainage considerations complying with engineering standards to preserve the positive drainage
patterns of the affected sites. Accordingly, developers, contractors and owners of all new residential developments, including additions, pools, patios, driveways, decks or similar
structures, on existing properties that decrease the permeable land area in excess of 800 square feet on any parcel shall provide a professionally prepared drainage plan clearly indicating
compliance with this division. Upon completion of the improvements, a certification from a
Florida-licensed engineer shall be submitted to the inspector prior to the issuance of any certificate of occupancy.
(Ord. No. 96-56, § 7, 1-21-97; Ord. No. 97-25, § 1, 7-1-97; Ord. No. 02-033, §§ 3, 4, 8-20-02)
Sec. 11. Street lighting.
Where street lighting is installed, it shall be installed on all local and collector streets, at each intersection, at the end of cul-de-sacs, and wherever, in the opinion of the city
engineer, a dangerous condition is created. Between intersections, street-lights may be engineered for security purposes only. Streetlights shall be wired for underground service except
where aerial service is permitted by Section 13 of this article.
(Ord. No. 02-033, § 3, 8-20-02)
Sec. 12. Bicycle/pedestrian paths.
Bicycle/pedestrian paths shall be eight (8) feet wide. In driveway and commercial areas, the surface, base and subgrade requirements of Article IV, Section 10, subsection F shall be
met. In other areas, one inch Type II asphaltic concrete on a four-inch thick compacted base of locally approved limerock or shell shall be used. When bicycle/pedestrian paths are
not located within road rights-of-way, the base shall extend six (6) inches from each side of the surface and muck shall be completely removed below the base. Three-quarter (3/4) inch
thick Type I asphaltic concrete may also be used. The cross slope shall be one-quarter (1/4) inch per foot.
(Revised 4-26-95)
Sec. 13. Utilities.
Utilities, including power and light, telephone, telegraph, water, sewer, cable television, wiring to streetlights and gas shall be installed underground. This section shall apply
to all cables, conduits or wires forming parts of an electrical distributions system
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including service lines to individual properties and main distribution feeder lines delivering power to local distribution systems, except that it shall not apply to wires, conduits
or associated apparatus and supporting structures whose exclusive function is transmission or distribution of electrical energy between subdivisions, generating stations, substations
and transmission lines of other utility systems, or perimeter lines located adjacent to the subdivision. Appurtenances such as transformer boxes, pedestal mounted terminal boxes, meter
cabinets, service terminals, telephone splice closures, pedestal type telephone terminals or other similar "on the ground" facilities normally used with and as a part of the underground
distributions system may be placed above ground, but shall be located so as not to constitute a traffic hazard. Easements shall be coordinated with requisite utility authorities and
shall be provided as prescribed by this ordinance for the installation of underground utilities or relocating existing facilities in conformance with the respective utility authority's
rules and regulations. The city engineer may waive the requirement for underground installation if the service to the adjacent area is overhead and if it does not appear that further
development in adjacent areas with underground utilities is possible. Any new service which is allowed by the waiver herein to be supplied by overhead utilities shall be connected to
a service panel that is convertible for underground utility service at a future date. The developer shall make necessary cost and other arrangements for such underground installations
with each of the persons, firms or corporations furnishing utility service involved. Utilities shall be constructed in easements as prescribed by this ordinance.
(Ord. No. 02-033, §§ 3, 4, 8-20-02)
Sec. 14. Utility installation.
After the subgrade for a street has been completed, the remainder of the street right-of-way has been graded and before any material is applied, all underground work for the water mains,
sanitary sewers, storm sewers, cable television, gas mains, telephone, electrical power conduits and appurtenances
and any other utility shall be installed completely through the width of the street to the sidewalk area or provisions made so that the roadway or right-of-way will not be disturbed
for utility installation. All underground improvements installed for the purpose of future service connections shall be properly capped and backfilled.
Sec. 15. Median strips and entranceways.
A. MEDIANS. Medians that are part of a dedicated or deeded right-of-way may not be utilized for any purpose other than by the city or a public utility. If a developer desires to beautify
a median in a subdivision, he or she may do so by placing grass and shrubs of small root structure within the medians under the right-of-way permit issued by the city engineer.
B. SUBDIVISION ENTRANCEWAYS. Subdivision entranceways consisting of walls, fences, gates, rock piles or the like are not permitted within the median strip or other areas in a dedicated
or deeded right-of-way. Decorative entranceways must be constructed upon plots of land adjacent to a right-of-way in compliance with the zoning, building and sign codes and must not
constitute a traffic hazard. A guardhouse located so as not to create a traffic hazard may be constructed at the entrance to a development having private streets.
(Ord. No. 02-033, §§ 3, 4, 8-20-02)
Sec. 16. Fire hydrants.
Fire hydrants shall be no more than three hundred (300) feet apart and the remotest part of any structure shall be no more than two hundred (200) feet from a hydrant. Connections
shall be to mains no less than six (6) inches in diameter. In addition to domestic requirements at residual pressures of not less than twenty (20) pounds per square inch, fire flow
of at least one thousand five hundred (1,500) gallons per minute shall be provided as a minimum standard.
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Exceptions: In one and two (2) story residential subdivisions with not more than ten (10) dwelling units per acre, fire hydrants may be spaced up to five hundred (500) feet apart but
not more than three hundred (300) feet from the center of any lot in the subdivision. The system shall provide flow capacity of at least five hundred (500) gallons per minute in addition
to maximum day domestic requirements at specified residual pressures.
Sec. 17. Traffic control devices.
The design of traffic control devices shall be in accordance with the manual for uniform traffic control devices.
Sec. 18. Monuments.
The design of permanent reference monuments, "P.R.M.'S" and permanent control points, "P.C.P.'S" shall be as prescribed by Chapter 177, Florida Statutes, as amended. Where such monuments
occur within street pavement areas, they shall be installed in a typical water valve cover, as prescribed in the current city standards.
Sec. 19. Commercial and industrial
subdivisions.
Commercial and industrial subdivisions shall comply with all of the requirements of this ordinance, except that all local streets shall be designed and constructed according to the
collector street typical section contained in the current city standards.
Sec. 20. Nuisance abatement.
Applicant shall describe in writing how blowing sand, dust and other airborne matter will be controlled during clearing, grading and filling and until such time as permanent ground
cover is installed.
ARTICLE V. CONSTRUCTION OF
REQUIRED IMPROVEMENTS
Sec. 1. Construction methods.
Construction methods shall be those prescribed in the current "Department of Transportation Standard Specifications for Road and Bridge Construction."
Sec. 2. Administration of construction.
After issuance of a land development permit by the city engineer, a developer may construct the required improvements subject to obtaining all required permits. Construction shall
be performed under the surveillance of, and shall at all times be subject to review by, the city engineer or his designee; however, this in no way shall relieve the developer and his
or her Florida-registered engineer of the responsibility for administration, coordination and final compliance with the approved plans, specifications and all applicable rules, ordinances,
resolutions, laws, etc. The city engineer or his designee shall have the right to enter the property during the progress of construction. The developer's engineer shall submit construction
progress reports at points of progress prescribed by the city engineer, as well as final certification of completion of required improvements. The developer's engineer shall coordinate
joint reviews of construction with the city engineer or his designee. The city engineer, or his designee, shall have the authority to stop work upon failure of the developer or his
engineer to administer and/or coordinate the construction of the required improvements as prescribed by this ordinance.
(Ord. No. 02-033, §§ 2-4, 8-20-02; Ord. No. 03-018, §§ 1-3, 6-3-03)
Sec. 3. Measurements and tests.
The city engineer may require, at his or her discretion, tests and measurements that he or she deems necessary.
(Ord. No. 02-033, § 3, 8-20-02)
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Sec. 4. Construction documents.
A. PREPARATION & SUBMITTAL OF CONSTRUCTION DOCUMENTS. Upon approval of the master plan by the City Commission, the developer shall prepare and submit to the city engineer within six
(6) months four (4) sets of signed and sealed construction plans, along with a non-reimbursable fee, as adopted by resolution of the City Commission, payable to the City of Boynton Beach.
The subdivision of a large tract may be developed in two (2) or more phases and the developer may submit construction plans for approval to develop the subdivision in phases. The construction
plans and plat shall coincide with the master plan as approved, and any deviation desired by the developer must be approved by the TRC by application from the developer and re-submittal.
B. CONSTRUCTION PLANS.
1. Construction plans shall be submitted for all the improvements required by this ordinance. The plans shall be under separate cover for each of the following when required:
a. Paving, grading and drainage
b. Bridges
c. Water and sewerage systems
d. Street lighting, landscaping within public rights-of-way, parks, recreational areas and parking areas. Plans for street lights shall have the approval of the requisite utility
authorities involved.
2. The plans shall be so complete that from them a complete review and analysis can be made without research of any outside data. The plans shall consist of and contain, but
shall not be limited to:
a. A cover sheet, including a vicinity sketch.
b. Plan showing complete details including water, sewer and storm drainage systems.
c. In addition to a master storm water management plan, complete calculations used to design the storm water system.
d. Typical sections and summary of quantities.
e. Construction details showing compliance with city standards, or alternate design as approved by the city engineer.
f. Special profile sheets, if necessary, showing special or unique situations.
g. Bench mark, based on N.A.V.D. datum.
h. Soil analysis, showing the locations and results of test borings of the subsurface condition of the tract to be developed. Where impervious soils are encountered, the plans shall
reflect a satisfactory design to cope with such conditions. The city engineer may require additional design and construction as necessary to assure proper drainage and development of
the area.
i. The plans shall contain the special conditions and specifications pertaining to the subdivision in note form on the plans, such as:
(1) Required compliance with this ordinance.
(2) Where applicable, required compliance with state standards as currently adopted and in use.
(3) Minimum standards for materials.
(4) Test requirements for stabilization, base and backfill.
(5) Source of water and sewer service.
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Required Improvements 15
(6) Installation of subsurface construction such as waterlines, sewer lines, public utilities and storm drainage prior to compaction of subgrade and roadway construction.
(7) Plans and statements which show and describe how blowing sand, dust and other airborne particulates will be minimized.
3. Projects engineered by more than one firm shall be coordinated by a single engineering firm.
4. A certified cost estimate shall be prepared by the developer's engineer and shall include the cost of surveying, testing and all required improvements.
C. APPROVAL OF CONSTRUCTION PLANS. The city engineer, or his or her designee, shall review the construction plans as to their conformity with these land development regulations, and
within twenty (20) working days from the date of the submittal of the plans, the city engineer shall inform the developer's engineer that the plans as submitted do or do not meet the
provisions of this ordinance.
1. When the city engineer finds that the construction plans do not meet the provisions of this ordinance, the city engineer shall advise the developer's engineer in writing and reference
shall be made to the specific article, section and paragraph with which the plans and plat do not comply. Upon such findings, the developer's engineer shall make the corrections or
revisions as defined in the written statement and shall resubmit the construction plans.
2. When the city engineer determines that the construction plans meet the provisions of this ordinance, the city engineer will so advise the developer.
3. When the city engineer determines that the construction plans are not acceptable, the developer and/or the developer's engineer will consult with the city engineer to determine
what changes are required.
When the city engineer approves the construction plans, he or she shall so advise the developer's engineer and furnish a written statement of technical compliance and surety establishment.
Upon receipt of technical compliance, the developer's engineer shall submit four (4) sets of construction plans, including copies of the health department's final water and sewer permits,
at the time of submission of the final plat.
4. Technical compliance of the construction plans shall not constitute acceptance of the final plat; rather it shall be deemed a guide to the preparation of the final plat.
5. Technical compliance of the construction plans and optional preliminary plat shall not be construed as authority for filing the plat with the clerk of the circuit court of Palm
Beach County, nor as authority for the sale of lots in reference thereto.
6. Building permits shall not be issued for any permanent structure on a lot wherein the final plat has not been recorded in the manner prescribed, unless the recording of the plat
is not required by Chapter 5 of these Land Development Regulations.
(Ord. No. 96-56, § 8, 1-21-97; Ord. No. 02-033, §§ 3, 4, 8-20-02)
Sec. 5. Completion of improvements.
In order to obtain final approval of required improvements, the developer shall submit the following documents to the city engineer for acceptance:
A. ENGINEERS CERTIFICATION. The developer's engineer shall certify in writing that the required improvements were installed under his responsible direction; that improvements conform
with approved construction plans and all laws, regulations, codes, etc. including, but not limited to, this chapter; and that the required improvements have been completed.
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B. AS-BUILT DRAWINGS. One complete set of construction plans on a high quality time stable reproducible material showing the original design as compared to the actual finished work.
C. TESTS AND REPORTS. One complete set of all measurements, tests and reports made concerning work and materials during construction of the required improvements.
(Ord. No. 02-033, §§ 3, 4, 8-20-02)
Sec. 6. Time extensions.
All required improvements shall be completed within twelve (12) months of the date of issuance of the land development permit. Time extensions may be considered by the City Commission
upon recommendation by the city engineer, after the developer presents a written request for extension to the city engineer at least thirty (30) days prior to the expiration of the existing
permit. No time extension shall exceed one year.
(Ord. No. 02-033, §§ 3, 4, 8-20-02; Ord. No. 03-018, §§ 1-3, 6-3-03)
Sec. 7. Obtaining Certificates of Occupancy.
No Certificates of Occupancy will be issued for buildings in the platted subdivision until all required improvements are completed, approved and/or accepted by the City, except that
a developer may, at his option, post additional 110% surety in compliance with Chapter 7 for work which may be more prudently put in place subsequent to building construction such as
sidewalks and landscaping. Certificates of Occupancy will not be issued for the final ten (10) percent of the buildings until such work is approved and/or accepted by the city as completed.
(Ord. No. 96-56, § 9, 1-21-97; Ord. No. 07-005, § 2, 3-5-07)
ARTICLE VI. ACCEPTANCE AND
MAINTENANCE OF REQUIRED
IMPROVEMENTS
Sec. 1. Workmanship and material agreement.
The developer shall execute and deliver to the city a cash bond or other acceptable surety in an amount determined by the city engineer, guaranteeing the required improvements whether
public or private, against defect in workmanship and material for one (1) year after acceptance of such improvements by the City Commission. Surety shall be as specified in Chapter
7 and shall be delivered to the city simultaneously with the satisfactory delivery of the documents required in Article V, Section 5, of this chapter.
(Ord. No. 02-033, §§ 3, 4, 8-20-02; Ord. No. 07-005, § 2, 3-5-07)
Sec. 2. Acceptance of dedication and
maintenance of improvements.
The dedication of public space, parks, rights-of-way, easements or the like on the plat shall not constitute an acceptance of the dedication by the city. The acceptance of the dedication
shall be indicated by a resolution of the City Commission adopted when all improvements meet or exceed the standards set forth by this ordinance. The city engineer, upon satisfactory
completion of all improvements, shall notify the City Commission that the developer has complied with all of the provisions of this ordinance and shall recommend acceptance of the dedications
and, when applicable, the maintenance of the required improvements. Upon such recommendations the City Commission, by resolution, shall approve the development, the dedications on the
plat and the maintenance responsibilities of the required improvements identified thereon.
(Ord. No. 02-033, §§ 3, 4, 8-20-02)
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Required Improvements 17
Sec. 3. City completion of required
improvements.
When a plat has been recorded and the developer fails to complete the improvements required by this ordinance, the City Commission may, at it's option, complete the publicly or privately
owned improvements or restore the site to its original condition under the guarantees provided by the developer. In such case, the City Commission shall direct the city engineer to
call upon the guarantees as outlined in Chapter 7, Article I, Section 2, paragraph D.
(Ord. No. 96-56, § 10, 1-21-97; Ord. No. 02-033, § 3, 8-20-02; Ord. No. 07-005, § 2, 3-5-07)
ARTICLE VII. SUBDIVISIONS
CONTAINING/ADJOINING WATERFRONT
PROPERTY
Sec. 1. General design.
When a developer designs a subdivision containing/adjoining waterfront property either existing or proposed such as canals, water courses, lakes, streams, drainage ways or channels,
such subdivision shall comply and conform to the requirements of this article and this chapter.
Sec. 2. Easements or rights-of-way.
Provide storm water easement or a drainage right-of-way conforming substantially with the lines of watercourse and of such further width or construction or both as will be adequate
for the purpose. Additional right-of-way may be required where necessary for maintenance, safety and convenience.
Sec. 3. Design.
Where canals, watercourses, lakes, streams, drainage ways or channels are adjacent to or exist upon the property to be subdivided, they shall retain natural characteristics or design
and protect waterways so as to not present a hazard to life and
safety. Access waterways proposed in conjunction with a subdivision shall have a minimum water depth of six (6) feet for a continuous bottom width of twenty (20) feet. Where seawalls,
bulkheads or retaining walls are not required, the design shall incorporate a minimum of a four to one (4:1) slope from existing ground to a depth of six (6) feet.
Sec. 4. Construction and permitting.
A. PLANS. No person, firm, corporation, or any other association shall alter, reroute, deepen, widen, change, or construct any waterway without first submitting construction plans
and an application for such work to the city engineer for a dredge, fill or excavation permit. Prior to the issuance of such a permit, the plans shall be approved by the city
engineer.
B. AGENCY APPROVALS. Where the dredge, fill, or excavation affects public property or sovereign land, the construction plans shall, prior to issuance of permit, be approved by the
governing agencies having control over public property or sovereign lands such as the South Florida Water Management District, Trustees of Internal Improvement Fund, Corps of Engineers,
Department of Environmental Protection, Lake Worth Drainage District, or any other public agency having jurisdiction in such matters.
C. DEDICATION OF RIGHTS-OF-WAY. Prior to the construction or alteration of watercourses as prescribed in paragraphs A and B of this section, right-of-way required for such work must
be appropriately dedicated. Where such construction or alteration affects a governmental agency, the dedication, deed or easement shall be to such agency.
(Ord. No. 02-033, § 2, 8-20-02)
Sec. 5. Seawalls, bulkheads, docks and piers.
Prior to construction of any seawall, bulkhead, dock or pier a construction permit shall be obtained from the City of Boynton Beach Development Department.
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Sec. 6. Dedication.
A. DRAINAGE EASEMENTS. Where, in the opinion of the city engineer, public rights for drainage purposes are necessary, an easement shall be dedicated to the city.
B. WATERWAYS. Waterways except for public drainage easements shall be dedicated to a property owners' association or reserved for the use of the residents of a subdivision when the
subdivision is developed as a condominium or cooperative development as defined by Florida Law. In lieu of the foregoing, waterways may be dedicated to a legally constituted drainage
district.
C. MAINTENANCE. Perpetual maintenance of rights-of-way or easements for canals, watercourses, lakes, streams, channels or other water management areas shall be dedicated to a property
owners' association unless the right-of-way or easement is public. In those cases maintenance may be dedicated to the city for the limited purpose of providing minimum drainage as determined
by the city engineer.
(Ord. No. 02-033, § 2, 8-20-02)
Sec. 7. Exceptions.
This article shall not apply either to drainage easements containing subsurface drainage systems or to the operation or activities of a governmental water control district.
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