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
$200.00 for each offense, and a separate offense shall be deemed
committed on each day during or on which a via!etlon occurs or
continues.
~7~
Section 15. All ordinances or parts of ordinances in oonf!iot
with the pro¥1sions of this ordinance are hereby repealed. This
ordinance shall be in full force and effect from and after its
passage and publloation according to law. The provisions of this
ordinance are hereby declared to be separable and the invalidity
of ar~y section or provision hereof shall not affect the validity
of other provisions hereof.
First reading this 7th day of March
Second reading this 2~th day of March ~ 1959.
Passed and adopted this ~z~'~day of ~~'~!'~/ ~ 1959.
COUNC ILM~
CO~C t LI~t~%N
Attest,
Tereesa Padg~e4t
~ity Cler$~