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O#318 O INmWCE ;~ o ~ LORiDA, AN ORDINANCE OF THE CITY OF BO~ITON ~ ~ THE SL~DiV!SION 0P Z~=~ND IN OR ABOUT T0 R~GU~%.~ ING ~ ~ ~ REeU!~_zNG BE ANNEXED TO Thee CITY OF BOYNTON B~ACH~ ~ ~ REGULATING THE pREP~LqATION ~ND PRESENTATION OF PRELIMINarY ~[D FINAL PLATS; PROVIDING MINIMUM ~ OR GU~ANTEE~ TO BE ML~DE BY PROVEMENTS TO BE T~ZE SUBDIVIDER ~$ PRESCRIBING ~ENALTIES FOR VIO~ TIONS BE IT ORDAiNE~ BY T~ CITY CO~CIL OF T~ CITY OF BOkZ~[TON BF~CH~ FLORIDA ~ THefT: Section !~ Short Title. This ordinance shall be known and may be cited as the ,,S~fodivlslon ordl~az~.ce of the City of Boynton Beach". Sec~io:~ 2 Compliance required, No plat of a s~bdivision of !an.d within the ~!~y sna!.z be ~pproved executing i~m full comDl ~'~ the provisiorzs of this Sectio~ 5. Defi~!ti°~ms~ ~e~ used ~ this ordf~anos th~ fot- low!r~g terms shall have the mear~f~-g (!) Owner m~o!mmes th~ ~lura~ as well as the si~gular~ ~ ~ f~rm~ associatio~ part~ersh~p~ may mea~a e~ther a r~atmra~ p~rso~ pri~ate corporat~on~ p~blic or quas~publ~o oorporat~o~ or oom~ b~at~on of any of them~ ouba~mo~m ~s a d~islo~ of a !ot~ traot~ or parcel of !a~ad ~to fi~e or more ~ ots~ or other divisions of lamd~ for the - ~ ~ of o~n~ersh~p purpose whether immediate or future, of (a) t~ans~er (b) buI!dlng development~ or (c) redevelopme~at, i:aol~ding all char~ges in street or lot lines~ provided, however.~ that dlvlsions of land for agr!cm!tural pnFposes~ !n ~arcels of five (~) acres or . ~ ~ · ~ ~treet or easement of access, shall be exempt ed. (3) p~e!1minary -olat is a ma~ or plan of a proposed land (~) Tentative approval is an a~proval with or without racom- ~ ~ the p~ mer~ded alterations g~ven to a preliminarY ~:~a~ by ~ boawd~ and provides the necessary authority to ~roceed with the prepara~or~ and presentat!ozm of the final p'~at ~ ~ · which has (5) Final plat is a map or chart of a o:m the been accurazel~ s~rveyed, and such survey marked so that streets, aileys~ biocks~ lots and other divisions there~ of cam. be !de~mtif~ed. (6) Street is a public or Driva'be thoroughfare which affords ~ ~ .... ~ - a~md vehm~=e, to abuttir~g property, primary access by peme~ (7) Major street is a public thoroughfare with a high degree of traffic continuity having a width established at fifty (50) feet or more° (8) Collector street is a street which carries traffic from minor streets to the major street system, including principal e~trance streets of residence development~and the primary cir- culating streets within such a development. (9) Cul-de-sac is a m~mor street having one open end and be- ing terminated at the other by a vehicular turnaround. (I0) Building setback llme is a line within a lot or other parcel of lenS_, so designated on the plat of the proposed subdi- vision, between which, and the adjacent ~.~s.=dary of the street upon which the lot abuts, the erection of an enclosed structs~e or por~ tion thereof is prohibited, (ll) Alley is a public way which affords a secondary means of access to abutting property. (12) Cross-walk is a public or private right-of~way across a block to be used by pedestrians and or for underground utilities. (13) Easement is the qua~_tity of laud set aside or over which a liberty, privilege, or advantage in la~d without profit~ exist- ing distinct from the o$~ership of the land, is granted to the public or some particular person or part of the public. (14) City is the City of Boynton Beach. {15) Pla~muing Board is the Boynton Beach Planning Board, (16) Butt lots are lots the rear lot lines of which abut the side lot l~nes of other lots platted in the same block and not separated therefrom by an alley or other open soaoe~ (17) Lot width is the widt~h of the lot measured along the minimum building setback line, except for lots which front on the co.cave side of a curving street, where the width of lot shall be measured 60 feet back from the front lot line. Section ~. Procedure. Before divldi~g any tract of land into five (5) or more lots of less than five (5) acres in size, a sub- divider shall: (1) File at least ten (10) days before a regular planning board meetim_g, five (5) copies of the preliminary plat to the pla~_ing board for examination and subsequent recommendations of approval or disapproval. The planning board shall, within thirty (30) days from the date of the next regular or special planning board meet- lug following such filing, forward its recommendations for approval or disapproval 'to the City (2) Within one (!) year after receiving tentative approval of the preliminary plat by the City Councils the original and five (5) copies of the final plat shall be submitted to the planning board for recommended final approval by the City Councii~ (5) After receiving recommended final approval by the plar~aing board the original and one (I) copy of the final plat shall be pre~ sented to the City Council for its final approval~ (4) Following final approval by the City Council, the final plat as approved shall be recorded in compliance with the laws of the state. Approval of the final plat by the City Council shall be null and void if the plat is not recorded within ninety (90) days after the date of approva!~ unless application for an extention of time is made in writing during said ninety (90) day period to the City Council and granted. Section 5~ Preliminary plat. The preliminary plat shall rain the information herein specified and comply with the follow- ing requirements: A Desex!orion a~d me.~mneat~on. !. Proposed name of the subdivision. 2. Location of the subdivision by section, towushlp and range, or by other legal des~zip~ion. 3- Names and addresses of the owner and the designer of the subdivision. 4. Date of preparation, scale !00 feet to the inch and northpoint (deslgr__ated as -true north). Existing conditions: 1. Boundary line of proposed subdivision to be indicated by a solid heavy line and the total aoproxmm~e acreage encompassed thereby. Location, width and names of all existing or prior platted streets or other public ways~ railroad and utility rights-of-way, parks, and other oublic open spaces, permanent build- ings and structures, houses or permanent ease~ ments, and section and corporation lines~ with- in and adjacent to the tract. Existing sewers, water mains~ culverts or other underground facilities within the tract and to a distauce of at least i00 feet beyond the tract bo~adaries indicating pipe sizes~ grades, manholes and exact locations. 4. Boundary lines of adjacent tracts of ~usubdivided or subdivided land, showing ownership where possible. 5. Ail existiug water courses, drainage ditches~ canals and bodies of water on or adjacent to the proposed subdivision. C, Proposed sCDdivls!om plan: !o Layout of streets showing location and widths of streets, elevations and/or grade levels, cross- walks and easements, 2. Layout, numbers and typical dimensions of lots. 3. Parcels of land intended to be dedicated or ~ ~ or set temporarily reserved for pmolic use aside~Fo~ ~ use of property owners tn~_ the suodiv~- sion. 4. Building set back lines - showing dimensions. 5~ Easements for public utilities of not less than 6' - where alleys are not provided. 6. Layout of water mains, service lines and fire hydrants. Section 6. Final plat. The final plat shall contain all in- formation required on the preliminary plat plus the following: A. Description and ~ ~ ~ 1. Accurate angular and lineal dimensions for all lines, angles, a~_d curves used to describe bo~udaries, streets:, alleys, easements, areas to be reserved for public use and other important features. 2. An identification system for all lots and blocks and names of streets. Lot lines to show dimen- sions in feet and hundredths. 3. True angles and distances to the nearest established street lines or official monuments (not less than three) which shall be accurately described in the plat. 4~ Radii, internal angles, points s/ad curvatures, tangent bearing and ler. gths of all arcs. 5~ Accurate location of all monuments, which shall be concrete 6~×6~×30" with iron pipe cast in center~ P~rmanent stone or co~crete monuments shall be set at each corner or angle on the outside boundary. Pipes or other physical markers shall be placed at each intersection of street center lines. All U.S., state, cou~aty or other official bench-marks, monu- ments, or tri-a~agulatlon stations in or adjacent to the property, shall be preserved in precise position. 6. Pioes or other physical markers shall be olaoed at each lot corner. 7. Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes indicated thereon, and of any area to be preserved by deed, covenant for common uses of all property o~mers. 8o Certification by a license~ surveyor to the effect that the plat represe~mts a survey made by him and that monuments and markers sho~-n thereon exist as located and that all dimensional and geodetic tails are correct~ 9. Notarized certification, by owner, or by any mort- gage holder on reeord~ of the adoption of the plat and the dedication of streets and other public !0~ Certificatioms showing that all taxes a~_d special assessments due om the property to be subdivided have been paid in fu!l~ llt Proper~form for the approval of the City Co~m~cil with space for signatures. !2~ ApProvai'by si~mature of City, Co'~m~ty and State officials concerned with the specification of uti~mty inst~tlations. 13. Approval by sig~ature of the p!ar~ning board. This approval of the final plat shall not be deemed to constitute or effect an acceptance by the pubiio of the dedication of any streev or other proposed po~blie way o~ti!ity or space sho~m on the plat~ Section ?. Agreements as to improvements. The final plat to be placed on record shall be accompanied by a statement signed by the owner and sofodivider, setting forth the following: A~ Plans and specifications for such improvements previously approved by the City Engineer clearly describing the same. B. Agreement execrated by the owner and subdivider wherein they agree to make and install the improvements provided for in Section 8, in accordance with the plans and speci~ fieations accompanying the final plat; and that all such improvements shall be inspected during the course of struotion by an inspector appointed by the City Council, salaries and other costs in connection with such inspec- tions to be paid by the owner and subdivider, such costs to be based on the reasonable, customary charges for such service~ In the event that the City Council by motion approved the action of the pla:~nlng board in approving the final ptat~ it shall withhold its~approva! of the plat ~mti! an agree- ment si.~i~ed by the subdivider, as provided mn .aragrapn B above~ shall be given~ supported by a bond executed by an acceptable surety compar3y in an amou~at equal to the esti~ mated cost of ~ ~ ~ construct_on of the required improvements (which estimated cost shall be determined by the City Engineer). The surety will be subject to the condition that the improvements will be completed within two (2) years after approval of the final plat As an alee_native, the subdivider may deposit cash with the City in place of said smrety bond~ Section 8. Required land improvements~ No final plat of sub- 'division of land shall be approved without receivir~g a statement signed by the City Er. gineer certifying that the improvements des- cribed in the s~bdivider's plans and specifications, together with agreements, meet the minimum requirements of all ordinances of the city~ a~d, a.s established by the City Engimeer, that they comply with the following: T?~ of_ S.t~ee~t Street improvements: i. Ail streets within the corporate limits of the city other tha~ state and county highways shall be im- proved as follows: ~nt_ W~dth ~a j or to conform to "eXlsting thoroughfare plan to conform to existing thoroughfare plan alleys and all other streets including Major streets shall be constructed to meet the street construc- tion requirements of the City of Boynton Beach as determined by the most recently adapted street construction ordinances of said city. In the event said street construction requirements are changed or altered by ordinance s~osequent to the passage of this ordinance, theu the said street construction requirements shall be those require- ments as changed or altered by said ordinance. However~ every subdivided lot or property shall be served ~rom a publicly dedicated street, and Street numbers, in accordance to present numbering system of the city, when possible, shall be installed at the intersection of all streets on the subdivision plat. Location and design of street signs shall be subject to the approval of the plar~ing board. House ~umber- ing system, as set out by the City Engineer, Brockway, Weber and Brook~ way~ shall be followed by the subdivider for each lot. B. Public Utilities: All utility lines for telephone and electric service shall be placed in rear-line easements when carried on overhead poles. Where te!ephoue and electric service lines are placed underground entirely throughout a subdivided area, said conduits or cables shall be placed within ease- merits or dedicated public ways in a ma;muer which will not conflict with other m%derground services. Further, all transformer boxes shall be located so as not to be unsightly or hazardous to the pub!ic. C. Water Supply: Water mains properly connected with the city water supply system shall be provided as to adequately serve all lots shown on the subdivision plat for both domestic use and fire protection. Said water mains and water supply system shall conform to the master water distribution system plan on file in the office of the City Engineers, Brockway, Weber & Brockway, West Palm Beach, Flo~ida. Fire hydrants shall be steamer-type having a 4~" full flow valve and be placed within a 400 foot radius of each other or on every corner. Section 9. Parks, school sites and other p~oiic areas: %~aere a proposed park, playground, school site or other oub!ic use area, sho~ in the general city plan for the city and adjacent ~incorporated areas, is located in whole or in part in a subdivision, the plarmmtng board or the City CotYacil may require the dedication or reservation of such area, in whole or in part, within the subdivisior~ in those cases in which the plar~aing board or the City Coum_cil deem such requirements to be reason.able. However, in no case, shall the total amount of required public areas to be dedicated or reserved, in addition to public streets, exceed te:m (10) percent of the total gross acreage controlled by the owner, The acquisition of the additional area needed for oarks, playgrounds, schools or other public uses, other than streets and alleys, shall be secured by the authority having juris- diction. Arrangements for securing said area from the owner shall be made within a period not to exceed ninety (90) days from the date the plat is recorded. Section I0. Lot size and area: Ail lots shall corm~orm to the minimum requirements as to depth, area, width, frontage, setbacks, etc., as required by the zoning ordinances of the City of Boynton Beach affecting said area to be subdivided at the time of the adop~ tion of said plat. In the event any or all of the area included in said plat has not been zoned, the above-mentioned minimum re- qu!rements shall be submitted to the piannlr~g board and the City Council for their approval after notice and hearing. Section I1. Occupancy permits: Nothing in this article shall prevent the continuance of the present occupancy or use of any existing dwelling except as may be necessary for safety of life and property. Section 12. Arnaexation: Any areas proposed for annexation to the present corporation limits of the city shall be studied by the plar~ing board and a public hearI_~g held on the proposed use dis~ tr~.c~, prior to the incorporation of the area into the City. Section !3. Land which the pta~ing board has found to be un- suitable for subdivision due to flooding, bad drainage or other features likely to be harnueul to the health, safety and general welfare of future residents, shall m_$t be subdivided, tumless adequate methods of correction are formulated by the subdivider and approved by the City Coum_cil. Section 14. Violation penalty: Whoever shall violate any of the provisions of this ordinance shall be fined not more than $200.00 for each offense, and a separate offense shall be deemed committed on each day during or on which a via!etlon occurs or continues. ~7~ Section 15. All ordinances or parts of ordinances in oonf!iot with the pro¥1sions of this ordinance are hereby repealed. This ordinance shall be in full force and effect from and after its passage and publloation according to law. The provisions of this ordinance are hereby declared to be separable and the invalidity of ar~y section or provision hereof shall not affect the validity of other provisions hereof. First reading this 7th day of March Second reading this 2~th day of March ~ 1959. Passed and adopted this ~z~'~day of ~~'~!'~/ ~ 1959. COUNC ILM~ CO~C t LI~t~%N Attest, Tereesa Padg~e4t ~ity Cler$~